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Home My WebLink About2020 12-14 CCPCouncil Study Session V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection by dialing 1-312-535-8110 A ccess Code: 133 791 1584 December 14, 2020 AGE NDA 1.City Council Discussion of Agenda Items and Questions - 6 p.m. 2.M iscellaneous a.Continuation of Retreat Phase 2 with Common S ense Consultants - Direction from Council to re-engage Common Sense for continuation of development work with Common Sense b.Oath of Office for J anuary - Provide feedback on the preferred option for the 2021 Swearing In Ceremonies c.2021 Meetings Z oom vs WebE x d.Discussion on Resolution E xpressing Support for the Minnesota Ethiopian Communities of Afar, Oromo, S omali and Tigray 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn C ouncil Study Session DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:C ornelius L. Boganey, C ity M anager S U B J E C T:C on)nua)on of Retreat P hase 2 w ith Common S ens e C ons ultants B ackground: Following the two day retreat led by Common S ens e there w as a plan to con)nue the w ork of building an effec)ve s ystem of collabora)on and Council leadership. I n convers a)ons w ith the owners they con)nue to expres s a des ire to w ork w ith the C ouncil and build on the work previous ly started. They have agreed to honor the original contract rates and w ill adapt their proces s to the current virtual environment. The propos e objec)ves are as follow s . 1. P rovide opportuni)es to prac)ce and make recommenda)ons to opera)onaliz e, the tools offered during the retreats to achieve decision-making clarity, more effec)ve communica)ons and conflict res olu)on with minimal noise and nega)ve outcomes as w ell as us e of power that w orks for all. 2. U s e coaching and check-ins to create a s afe and confiden)al third-party s pace for growth and development for each council member 3. I ncrease the C ouncils ability to unders tand each other and w ork together, as they res pond to the challenges of the increas ingly diverse community of Brooklyn C enter. The P roject deliverable are enclosed in more detail but they include Comple)ng the I D I A sses s ment, Facilitated G roup C ons ul)ng Mee)ngs, I ndividual C oaching mee)ngs and Facilitated G roup Check in mee)ngs We are seeking C ouncil input and direc)on. B udget I ssues: S ufficient F unding is provided in the general F und for thes e expenses . S trategic Priories and Values: O pera)onal Excellence AT TA C H M E N TS : D escrip)on U pload D ate Type common sens e 12/9/2020 Cover Memo C ouncil Study Session DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:C ornelius L. Boganey, C ity M anager S U B J E C T:O ath of O ffice for J anuary B ackground: At the January 11, 2021, C ity C ouncil mee-ng we are tenta-vely set to s w ear in C ouncilmember Butler and Councilmember Law rence-A nderson. W ith the mee-ng being held virtually, there may be ques-ons regarding taking the oath of office in a virtual format. The oath of office contains an oral and wri6en component, typically performed at the s ame -me. The w ri6en component requires a signature from the incoming council member. Minnes ota law cons iders the oath of office an "acknowledgement" for purpos es of M innesota S tatutes , chapter 358. A n acknow ledgement requires the incoming council member to personally appear before a notary public, except as noted below. The city clerk or any other regis tered notary public may acknowledge the oath of office, including out-of-state notary publics registered in other s tates . W ith all of that s aid, there are tw o op-ons regarding taking the oath of office: 1. The oath of office could be administered prior to the incep-on of the new council term. This op-on w ould take into account C O V I D -19 s ocial distancing and mas k requirements. I t would take place at city in the council chambers . W ith this op-on, we could also perform a ceremonial oath of office at the J anuary 11th City Council mee-ng as well. 2. A remote online notary public must administer the oath. They w ould need to verify the signer's iden-ty; O bs erve the electronic s ignature being applied by the s igner; A pply the remote online notary's electronic s ignature and seal to the s igned document as part of the "remote online notarial cer-ficate"; and record the video and audio of each notarial act and maintain the recording for at leas t 10 years . B udget I ssues: - None AT TA C H M E N TS : D escrip-on U pload D ate Type L M C A r-cle 12/9/2020 Backup M aterial C ouncil Study Session DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:C ornelius L. Boganey, C ity M anager S U B J E C T:2021 M ee)ngs Zoom vs WebEx B ackground: Earlier in the year the I .T. M anager advised that the Zoom pla4orm for mee)ngs had a number of s ecurity deficiencies. Bas ed on this advice w e stopped us ing Zoom for City Council M ee)ngs . Recently the Mayor s uggested that we revisit this decis ion. A 8er reviewing this ma9er w ith the I T Manager I was advis ed that Zoom had resolved the previous security concerns and that City us e for Council mee)ngs s hould not pos e an unreasonable ris k. D oes the C ouncil prefer a change from WebEx to Zoom for C ouncil mee)ng? C ouncil Study Session DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:M ayor Ellio$ S U B J E C T:D is cus s ion on Resolu(on Expres s ing S upport for the Minnes ota Ethiopian Communi(es of A far, O romo, S omali and Tigray B ackground: AT TA C H M E N TS : D escrip(on U pload D ate Type Res olu(on 12/14/2020 Resolu(on Le$er C IT Y C O UNC IL M E E T I NG V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection by dialing 1-312-535-8110 A ccess Code: 133 791 1584 December 14, 2020 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 campaign purposes. Council Members will not enter into a dialogue with presenter. 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 reacting to the c omments made but, rather, for hearing the presenter for informational purposes only. I will first c all on those who notified the Clerk that they would like to speak during open forum, and then I will ask if any one else c onnected to this meeting would like to speak. W hen I do, please indicate y our name and then proc eed when I call on you. Please be sure to state your name and address before speaking. 2.Invocation - 7 p.m. 3.Call to Order Regular Business M eeting This meeting is being conduc ted electronic ally under Minnesota Statutes, section 13D .021 due to the pandemic. For those who are connec ted to this meeting, please keep your microphone muted. I f there is an opportunity for public c omment, y ou may unmute and speak when called upon. Please do not talk over others and any one being disruptive may to ejec ted from the meeting. The packet for this meeting is on the City's website, whic h is linked on the calendar or can be found on "City Council" page. 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 - Motion to approve minutes for the following meetings: November 13, 2020 - Canvassing board Meeting November 23, 2020 - Study Session November 23, 2020 - Regular Session November 23, 2020 - Work Session November 30, 2020 - Work Session b.Approval of L icenses - Motion to approve licenses as presented. c.Approve the 2021 City Council Meeting Schedule - Motion to approve the 2021 City Council meeting schedule as presented d.Resolution Designating Polling P laces for the 2021 E lection - It is recommended that the City Council consider approving a resolution designating polling places for the City of Brooklyn Center for the 2021 Elections e.Amendment Approving Hennepin County Violent Offender's Task Force Agreement - Recommend approval of the Hennepin County Violent Offender's Task Force Agreement f.J uvenile P robation Client Delinquency Prevention I nitiative - Motion to approve the Joint Powers Agreement (J PA) between the Brooklyn Center Police Department and Hennepin County to address juvenile female runways through holistic diversion programming. g.Resolution Setting S alaries for Calendar Year 2021 - It i s recommended that the City Counci l adopt the resolution setting salaries for calendar year 2021. h.Resolution Relating to the I ssuance of Conduit Revenue B onds to Finance the Costs of a Multifamily Housing Development (The Crest A partments Project) - Motion to approve a Resolution relating to the issuance of Conduit Revenue Bonds to finance the costs of a multifamily housing development under Minnesota Statutes, Chapter 462C; granting preliminary approval thereto; establishing compliance with certain reimbursement regulations under the internal revenue code of 1986, as amended; and taking certain other actions with respect thereto (the Crest Apartments Project) i.Resolution A uthorizing A cquisition of E asements for B rooklyn Boulevard Corridor P roject P hase 2 I mprovements, Project No. 2021-05 - Motion to approve a resoluti on authorizing acquisition of easements for Brooklyn Boulevard Corridor Project Phase 2 Improvements, Project No. 2021-05. j.Resolution A ccepting F easibility Report, Declaring Costs to be Assessed and Calling for I mprovement and Assessment Public Hearings for I mprovement Project No. 2021-07, Lyndale Avenue A rea P avement Rehabilitation - Motion to approve resolution accepting a feasibility report, declaring costs to be assessed and calling for improvement and assessment public hearings for Improvement Project No. 2021-07 Lyndale Avenue Area Pavement Rehabilitation. k.Resolution A ccepting F easibility Report, Declaring Costs to be Assessed and Calling for I mprovement and Assessment Public Hearings for I mprovement Project No. 2021-06, Northwest Area Mill and Overlay - Motion to approve resolution accepting a feasibility report, declaring costs to be assessed and calling for improvement and assessment public hearings for Improvement Project No. 2021-06, Northwest Area Mill and Overlay. l.Extension of Civil L aw Services R F P Timeline for One Year - Reschedule the date for review of Requests for Proposals for Civil Law Services for year to 2021 m.Resolution A ccepting F easibility Report, Declaring Costs to be Assessed and Calling for I mprovement and Assessment Public Hearings for I mprovement Project Nos. 2021-08, 09, 10 and 11, Ryan L ake I ndustrial P ark Area Street and Utility I mprovements - Motion to approve the resolution accepting a feasibility report, declaring costs to be assessed and calling for improvement and assessment public hearings for Improvement Project Nos. 2021-08, 09, 10 and 11, Ryan Lake Industrial Park Area Street and Utility Improvements. n.Coronavirus Relief Fund (C R F ) L ocal Government Expenditure Report - Approval of Resolution Accepting CARES Act Funding Memo and Approving Final Coronavirus Relief Fund Local Government Expenditure Report. 7.P resentations/Proclamations/Recognitions/Donations a.Presentation by the Highway 252 Safety Task Force Regarding Their Community S urvey on Highway 252 I mprovements - Receive a presentation by the Highway 252 Safety Task Force regarding their community survey on Highway 252 Improvements. 8.P ublic Hearings The public hearing on this matter is now open. I will first call on those who notified the Clerk that they would like to speak to this matter, then I will ask if anyone else on this meeting would like to speak during this hearing. W hen I do, please indic ate your name and then proceed when I call on you. Please be sure to state your name and address before speaking. a.Resolution Certifying Special Assessments for I mprovement Project Nos. 2021-01 and 2021-02, Grandview South Area Street and S torm Drainage I mprovements to the Hennepin County Tax Rolls - Motion to approve a resolution certifying special assessments for Improvement Project Nos. 2021-01 and 2021-02, Grandview South Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. b.An Ordinance A mending Ordinance No. 2018-08 Regarding Council S alaries for 2021-2022 - It is recommended that the City Council consider adopting the second reading of an ordinance setting salaries for the Mayor and City Council for the 2021 and 2022 fiscal years at two percent (2%) above their previous compensation levels. 9.P lanning Commission Items 10.Council Consideration Items a.An Ordinance A mending Chapter 27 of the City Code of Ordinances Regarding the Operation of Snowmobiles, All-Terrain Vehicles, Off-Highway Motorcycles and Other Recreational Vehicles within the City - Motion to approve the first reading of an Ordinance Amending Chapter 27 of the City Code of ordinances regarding the operation of snowmobiles, all- terrain vehicles, off-highway motorcycles and other recreational vehicles within the City and calling for a public hearing and second reading to be held on January 11, 2021. - Approve a resolution approving a summary publication of the above ordinance. 11.Council Report 12.Adjournment C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity C lerk S U B J E C T:A pproval of Minutes B ackground: I n accordance with M innesota S tate S tatute 15.17, the official records of all mee5ngs must be documented and approved by the governing body. B udget I ssues: -None. S trategic Priories and Values: O pera5onal Excellence AT TA C H M E N TS : D escrip5on U pload D ate Type 11/13 Canvas s Board M inutes 12/11/2020 Backup M aterial 11/23 S tudy S es s ion 12/8/2020 Backup M aterial 11/23 Regular S ession 12/8/2020 Backup M aterial 11/23 Work S es s ion 12/8/2020 Backup M aterial MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA SPECIAL MEETING NOVEMBER 13, 2020 CALL TO ORDER The Brooklyn Center City Council Special Meeting was called to order by Mayor Elliott at 6:00 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, Kris Lawrence-Anderson and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Dr. Reggie Edwards, City Clerk Barb Suciu, and Deputy City Clerk Alix Bentrud. CANVASS THE NOVEMBER 3, 2020 GENERAL ELECTION RESULTS City Clerk Barb Suciu provided a general overview of the 2020 General Election in Brooklyn Center. She added voter turnout was very high, with 4,811 election day voters and 9,225 absentee ballots for a total of 14,036 voters or 79% voter turnout. She noted this is one of the highest turnouts ever in Brooklyn Center history. Ms. Suciu stated a breakdown of absentee voting shows the majority of votes received in the mail, or 46%; 35% in person; 18% through direct balloting, and 1% at the health care center. She added health care center staff provided the absentee ballot voting process for their residents due to the pandemic. She congratulated the staff for doing a great job. Ms. Suciu stated hours were extended for in-person absentee voting until 7:00 p.m. on weeknights, and for four days immediately prior to Election Day, from 12:00 p.m. – 4:00 p.m. She added absentee ballot drive-through service was also available for four days prior to Election Day. She noted these new initiatives worked out well. Ms. Suciu stated she would like to extend her thanks and appreciation to everyone who helped with the election: CARS staff for the use of Constitutional Hall for a polling place; Maintenance staff for providing help for outside voter lines, including snow shoveling and bringing chairs out for people to sit on; the Fire Department for setting up the drive-through service at East Fire Station; the Police Department for allowing CSOs to assist with the drive-through; Public Works crews for voting equipment delivery and for staffing the drive-through, and to Mr. Cote for assisting with drive-through set-up; Finance Department staff who worked at the drive-through; Earle Brown Heritage Center staff for allowing the use of their facility as a polling place, and for their support and assistance; Engineering and Community Development staff who offered to work at the drive-through; and Administrative staff for their patience and understanding with logistic changes within City Hall. She thanked Mr. Boganey for his understanding and support with the volume of absentee voting. 11/13/2020 Page 2 Ms. Suciu expressed her appreciation for the election judges who were well-informed and made the process smoother; Maranatha Health Center staff for taking on absentee voting at their site; City Clerk’s staff, for their hard work and efforts in facilitating a successful election during a pandemic; and to all Brooklyn Center voters for their patience and understanding. She stated there were a lot of voters. She added both she and Deputy City Clerk Alix Bentrud contracted Covid- 19 before the election, and she thanked City Staff who stepped in to cover for them. Ms. Suciu stated the candidates with the highest number of votes were Marquita Butler with 5,217 votes, and Kris Lawrence-Anderson with 5,162 votes. Mr. Boganey stated City Staff recommends City Council adoption of a Resolution related to the 2020 General Election results. Mayor Elliott requested clarification regarding the difference between in-person voting and direct balloting, in terms of logistics. Ms. Suciu stated the in-person process includes paperwork and multiple envelopes and can be a time-consuming process for voters and election staff. She added direct balloting begins 7 days prior to Election Day, and voters can deposit their ballot directly into the tabulator. She noted many voters take advantage of the direct ballot process. Mayor Elliott asked whether many voters took advantage of the drive-through voting opportunity. Ms. Suciu stated approximately 140 voters used the drive-through, which was open for 4 days immediately before Election Day. She noted this can be attributed to the fact that residents are used to coming to City Hall to drop off their ballots. Councilmember Butler stated voters were able to track their absentee ballot via the State of Minnesota website. She asked if this is a new process. Ms. Suciu stated ballot tracking was in place before 2020, but it was more publicized this year due to anticipated high numbers of early voters. Councilmember Lawrence-Anderson expressed her appreciation for the City Clerk and all City Staff for their hard work and long hours throughout the election. She added she has heard many positive reports from voters about their experiences. She noted the entire election process was thorough, expedient and positive. Councilmember Ryan stated he echoes the sentiments of Councilmember Lawrence-Anderson. He added he hopes Ms. Suciu and Ms. Bentrud are feeling better and hopes their experience with Covid-19 was not as severe as it has been for some people. He expressed his appreciation to Mr. Boganey and all City Staff for stepping up and working hard to pull off a good election in a difficult year. Mr. Boganey thanked Ms. Suciu and Ms. Bentrud and the rest of the City Staff team, who were able to get the job done, and done well, and for their excellent efforts on behalf of Brooklyn Center during this difficult time. There was a motion by Ryan and seconded by Mayor Elliott to adopt RESOLUTION NO. 2020- 109 Regarding the Canvass of the November 3, 2020 Municipal General Election. 11/13/2020 Page 3 The motion passed 4-0. Mayor Elliott thanked Ms. Suciu for administering the election, and City Staff for supporting City election operations. He added this is incredibly important work, both locally and throughout the country. ADJOURNMENT There was a motion by Mayor Elliott and seconded by Councilmember Graves to adjourn the meeting. The motion passed 4-0. The Brooklyn Center City Council adjourned at 6:20 p.m. 11/23/20 -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 SESSION NOVEMBER 23, 2020 CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:15 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Police Chief Tim Gannon, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS -None. MISCELLANEOUS Councilmember Graves asked whether Police Chief Tim Gannon has additional information and data regarding processing of rape kits, in terms of third-party involvement, how many cases, and processing time. She added she requested additional information at a previous discussion but never received it. Police Chief Gannon stated every rape kit is submitted directly to the BCA, and the City does not use a third party for submittal of rape kits. He added the kits are not maintained at the Brooklyn Center Police Department. Councilmember Graves asked if the Police Department follows up with the BCA. Chief Gannon stated the Police Department follows up with the victim and begins an investigation. He added kits are often submitted to hospitals without a name, but the Police Department still submits them to the BCA for statistical purposes, and they are processed and investigated. Councilmember Graves stated any additional information would be appreciated. She added a community member has reached out to her for information a few times. Chief Gannon agreed to provide an investigation timeline and information on the number of kits currently being processed. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS TOBACCO LICENSE FOR JAMBO AFRICA 11/23/20 -2- DRAFT Mr. Boganey stated a request was received from Simone Chambliss, owner of Jambo Africa, to apply for a tobacco license for her restaurant. He added Ms. Chambliss originally requested a tobacco license in 2018, and would have been allowed to apply for a tobacco license at that time if City Staff had the necessary additional information, and the application would probably have been approved, and a tobacco license granted to her. Mr. Boganey stated City Staff recommends that the City Council consider adopting a Resolution that would allow Ms. Chambliss to apply for a tobacco license as if it occurred in 2018. He added this would have no effect on the City’s 15-license limit. Councilmember Butler asked whether the error related to the application was caused by the applicant or the City. Mr. Boganey stated City Staff did not have information regarding whether the application qualified for approval under the City’s Zoning Code. He added, at the time, City Staff informed the applicant that there were issues related to the Zoning Code, and the applicant decided not to apply for a license. He noted it is City Staff’s believe that the applicant would have applied for a tobacco license, which would probably have been approved, if the information had been given to her. Mayor Elliott requested that the Resolution be added to tonight’s Regular Session Agenda, as it sounds like this was an error on the part of the City. Councilmember Ryan stated this is an issue of regulatory fairness. He asked whether the tobacco license is an appropriate use based on the Zoning Code where the business is located. He asked whether the City Council has discretion to approve or deny the application. City Attorney Troy Gilchrist confirmed this, adding the Zoning Code does not specifically identify hookah as a prohibited use. He added the proposed Resolution acknowledges that it should not be detrimental to this business that the Zoning issue was not previously addressed. He noted a license can be granted, and the City Council does not have much discretion, if an application is submitted for a permitted use. Councilmember Ryan asked whether the current local Ordinances and State laws pertaining to tobacco use, including 21-year old requirement to purchase tobacco, would apply to people who use the hookah, if a license were to be granted to this applicant. Mr. Gilchrist confirmed that all tobacco laws and ordinances related to the sale and use of tobacco would apply, regardless of when the license was issued. Councilmember Ryan asked whether hookah use would only be allowed outdoors, in compliance with the Minnesota Indoor Clean Air Act. Mr. Gilchrist confirmed this. He added there are some efforts on the part of the applicant to find a way around those requirements to have private samplings, but indoor smoking is prohibited by State law. He noted the Resolution and application would not provide exemption from any Codes or regulations. Mayor Elliott requested that this agenda item be added to the Regular Session Agenda under Item 10a. 11/23/20 -3- DRAFT Mayor Elliott requested that the next Work Session Item to be addressed would be the Tobacco Ordinance, to stay on topic. TOBACCO ORDINANCE UPDATE Mr. Boganey stated, in June 8, 2020, the City Council received a request from the Association of Nonsmokers – Minnesota for consideration of a City Ordinance restricting the sale of flavored tobacco products, including menthol tobacco, to adult-only shops, as well as prohibiting the redemption of tobacco coupons and price discounts and setting a minimum price for cigarettes and chewing tobacco. Mr. Boganey stated Emily Anderson, representing Association of Nonsmokers – Minnesota, was present to give a presentation and provide additional information. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Elliott adjourned the Study Session to Informal Open Forum at 6:45 p.m. 11/23/20 -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 NOVEMBER 23, 2020 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 Mike Elliott at 6:45 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Planner Ginny McIntosh, Fire Chief Todd Berg, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for the purpose of Informal Open Forum. Melissa Carey thanked the Councilmembers for considering the formation of a Civilian Review Board in Brooklyn Center. She added a similar review board was set up in St. Paul, which was audited by the University of Minnesota’s Restorative Justice and Peacemaking Department. She noted she can provide a detailed report of that audit for the City Council. Ms. Carey stated a recommendation for St. Paul’s Review Board was to remove Police Officers from the Committee, as there were voting discrepancies, and the Board should be reserved for civilians. She added the Chief of Police ultimately makes all the decisions, and the community’s role is to provide recommendations. Simone Chambliss asked if she is on tonight's agenda. Mayor Elliott confirmed that Ms. Chambliss’ request for a tobacco license will be reviewed under Agenda Item 10a. 2. INVOCATION Councilmember Kris Lawrence-Anderson read the following quotes as an Invocation: “The purpose of life is not to be happy. It is to be useful, to be honorable, to be compassionate, to have it make some difference, that you have lived and lived well.” -Ralph Waldo Emerson 11/23/20 -2- DRAFT “The purpose of human life is to serve, and show compassion and the will to help others.” -Albert Schweizer 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:00 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Planner Ginny McIntosh, Fire Chief Todd Berg, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with the addition of Agenda Item 10a, Resolution Approving Application for Tobacco License, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 9, 2020 – Study Session 2. November 9, 2020 – Regular Session 3. November 9, 2020 – Work Session 6b. LICENSES Gasoline Service Station Casey's Retail Company DBA Casey's General Store #3823 211 Freeway Blvd 1 SE Convenience Blvd Ankeny IA 50321 Northern Tier Retail LLC DBA Speedway - 1901 57th Ave N 500 Speedway Dr Enon OH 45323 Northern Tier Retail LLC DBA Speedway - 6950 Brooklyn Blvd 500 Speedway Dr Enon OH 45323 Northern Tier Retail LLC DBA Speedway - 6545 West River Rd 500 Speedway Dr Enon OH 45323 YD Holdings LLC DBA Holiday Stationstore #3808 12500 Empress Ct Apple Valley 55124 11/23/20 -3- DRAFT 5710 Xerxes Ave N Mechanical Licenses BSI Mechanical Inc 10327 Flanders St NE Blaine 55449 Erickson Plumbing Heating Cooling 1471 92nd Lane NE Blaine 55449 NAC Mechanical and Electrical Services 1001 Labore Industrial Court Ste B Vadnais Hgts 55110 Secondhand Goods Dealer GameStop #535 6068 Shingle Creek Pkwy 625 Westport Parkway Grapevine TX 76051 Tobacco Related Product Burr St Market Inc DBA Quick Shop 5808 Xerxes Ave N Brooklyn Center 55429 Casey's Retail Company DBA Casey's General Store #3823 211 Freeway Blvd 1 SE Convenience Blvd Ankeny IA 50321 Leng Ku DBA Sun Foods 6350 Brooklyn Blvd Brooklyn Center 55429 Royal Tobacco 5625 Xerxes Ave N Brooklyn Center 55430 Walgreens Company 6390 Brooklyn Blvd PO Box 901 Deerfield IL 60015 YD Holdings LLC DBA Holiday Stationstore #3808 5710 Xerxes Ave N 12500 Empress Ct Apple Valley 55124 RENTAL RENEWAL (TYPE IV – one-year license) 2913 Nash Rd Chen Zhou RENEWAL (TYPE III – one-year license) 6737 Humboldt Ave N Todd Glorvick / Humboldt Square Humboldt Square Apartments Ventures 3614‐16 50th Ave N William Lang / WLG Holdings LLC RENEWAL (TYPE II – two-year license) 7025 Drew Ave N Dave Swartout 7031 Humboldt Ave N IH3 Property Illinois 11/23/20 -4- DRAFT RENEWAL (TYPE I – three-year license) 5415 69th Ave N Maranatha Place Center Park Senior Apartments 5240 Drew Ave N Bradley J Schumacher ‐ met requirements 6915 Humboldt Ave N Steven Scott Management Lynwood Pointe Apartments 2307‐09 54th Ave N James Johnson 3819 61st Ave N Fred Hanus 5101 63rd Ave N Adedamola Ogundipe 3224 67th Ave N Haymant Dasarth ‐ met requirements 6261 Brooklyn Dr Ruben Zempoaltecatl 7048 France Ave N Tai Hon 6670 Xerxes Pl Dolores Ann Fischer 6c. EXTENSION OF AUDIT SERVICE PROFESSIONAL CONTRACT 6d. RESOLUTION NO. 2020-110 AUTHORIZING THE EXECUTION OF A FOUR-YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES 6e. RESOLUTION NO. 2020-111 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, MUNICIPAL LIQUOR STORE #1 CONSTRUCTION 6f. RESOLUTION NO. 2020-112 RATIFYING THE APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR BROOKLYN CENTER EDA FIRST ADDITION AND AUTHORIZING FINAL PLAT RECORDING 6g. RESOLUTION NO. 2020-113 EXPRESSING APPRECIATION OF THE DONATION OF A GRILL FROM MILLS FLEET FARM TO THE BROOKLYN CENTER FIRE DEPARTMENT 6h. ORDINANCE NO. 2020-114 AMENDING ORDINANCE NO. 2018-08 REGARDING COUNCIL SALARIES FOR 2021-2022 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. COVID-19 IMPACT ON HENNEPIN COUNTY AND BROOKLYN CENTER Deputy City Manager Reggie Edwards presented a review of the impacts of Covid-19 on residents of Hennepin County and Brooklyn Center. Every effort is being made to assist and support residents, as well as track information and data related to the virus. Fire Chief Todd Berg has been the City’s Emergency Manager and point person in this effort. Information has been gathered that 11/23/20 -5- DRAFT provides a better assessment regarding management strategies, and data that compares impacts on the County and City to determine which responses, strategies and actions are most effective. Dave Johnson, Program Manager with Hennepin County Department of Health’s Covid-19 Epidemiology Surveillance and Investigation Division, gave a presentation on the impact of Covid-19, with over 1,000 new cases every day in Hennepin County, as well as an increase in hospitalizations and deaths. He added he has been in close contact with Chief Berg for many months. Mr. Johnson stated Covid cases are rising outside the metro area at a faster rate than within the metro area, but the risk extends across the entire state, including all parts of Hennepin County. Brooklyn Center has experienced infection rates that are 1-2.5 times higher than the rest of Hennepin County. He added there are many factors that could contribute to the high rate of infection in Brooklyn Center, including a high percentage of the population between the ages of 20-44 years. Other factors include longstanding health inequities; crowded housing conditions and lack of housing; unemployment and social isolation, and food insecurity. Mr. Johnson stated experts continue to stress the importance of physical distancing, wearing masks and washing hands. He added Hennepin County Department of Health has resources that are available regarding the virus, community testing, and other information and data. The County’s Take Care Hennepin campaign emphasizes care prevention methods, featuring real people in Hennepin County in ads that will run on various platforms throughout the community, and prioritizes outreach and education. The campaign will be translated into multiple languages. Community engagement is a strong component of the campaign. Ivan Lui, representing Brooklyn Bridge Alliance for Youth, stated resident surveys that were conducted earlier in the pandemic, in cooperation with Brooklyn Park, to get community feedback and comments on what resources are needed. Federal CARES funding has been used to start a mobile public health project, bringing resources to apartment complexes and demographic groups that have been affected by Covid. Mr. Lui stated many residents are unable to implement the recommended guidelines, because they don’t have the resources to stay home or purchase the needed equipment, or isolate from others who may be sick. Residents also tend to get their information from people they trust and are not always up to speed on the most current Covid-19 guidelines. Residents want to be empathized, reassured and supported. Fire Chief Todd Berg stated the City of Brooklyn Center has implemented plans and programs to help fight Covid-19 in the community. He added the State of Minnesota introduced a phone app, “Covid Aware MN” providing social distancing reminders and notifications. He noted the app will not take the place of contract tracing. Mayor Elliott stated this is all good information, but there are still a lot of questions. He stressed the importance of rising to the challenge to help prevent the spread of Covid in the community. 11/23/20 -6- DRAFT Councilmember Graves thanked Chief Berg for the information on the new phone app. She added the app uses Bluetooth technology to identify someone near you who has tested positive for Covid, and it is a completely voluntary service. Councilmember Graves stated food distribution partnerships with the schools have been successful. She added residents communicate better with someone they know and trust. She asked whether City Staff will be able to utilize those connections more intentionally and consistently. Dr. Edwards confirmed this, adding City Staff plans to utilize connections within the community to share information and messages about Covid. Mr. Boganey stated City Staff will provide for the City Council a list of various community partners that have been providing information, support and resources for residents. He urged the City Council to reach out to City Staff if they are aware of a respected leader or organization that the City should be partnering with. Mayor Elliott asked whether the PowerPoint presentation is available online. Dr. Edwards agreed to provide that for the City Council. Mayor Elliott thanked Mr. Johnson for the work he has been doing at the County level. He requested clarification regarding the rates of infection in Brooklyn Center, that Mr. Johnson indicated are 1.5-2 times higher than the rest of the County. Mr. Johnson confirmed this, showing infection rate comparisons. Mayor Elliott asked when the County started to gather City level data on Covid. Mr. Johnson stated data collected starting in April 2020. Mayor Elliott asked where the data comes from. Mr. Johnson stated the data is from the Minnesota Department of Health. Mayor Elliott asked whether there is data on mortality rates. Mr. Johnson stated mortality rates were not included in his presentation but that data is shown on the racial disparities slide. Mayor Elliott stated Brooklyn Center has higher rates of infection because Covid disproportionately affects communities with people of color. He added some indicators are housing and food security. Mr. Johnson confirmed this, adding differences in opportunities for health care and wellness, as well as social conditions, are driving disparities. Mayor Elliott asked Mr. Johnson to summarize why Brooklyn Center is seeing an increased rate of infection. Mr. Johnson stated it is not known what is exactly driving the rate in real time, as certain behaviors are still being studied and reviewed. He added, for instance, there may be differences in masking behavior, and social distancing. He noted it is believed that the disproportionate number of cases in Brooklyn Center is partly due to the demographics of the community, with a younger, more diverse population and residents who are more at risk of disease than the County as a whole. 11/23/20 -7- DRAFT Mayor Elliott asked whether the County Department of Health works directly with community organizations in Brooklyn Center, to help find connections and important messengers to reach people. Mr. Johnson confirmed this, but added that is not his particular area of expertise. He added a full explanation would have to be provided by County staff who do that type of work. He added the County currently working with 26 messengers across the County, 11 of which are working in northwest Hennepin County, which includes Brooklyn Center. He noted the County is partnering with Brooklyn Bridge Alliance on mobile testing and mobile health units. Mayor Elliott asked whether mitigation is the primary strategy, along with outreach and the “Take Care” campaign. Mr. Johnson stated County staff engage in significant work in case investigations, which involves reaching out to individuals and their contacts regarding quarantine efforts; doing community testing and preparing vaccinations when they are available. He noted it is a multi-faceted approach that utilizes a number of different strategies. Councilmember Graves asked whether there are any updates about the new testing site that will be located in the former Target building. Mr. Johnson stated he does not have any information about that. Mr. Edwards stated North Memorial Health is implementing the testing site and the former Target building. He added Community Development Director Meg Beekman is the point person for planning and implementation. Councilmember Graves asked whether the County is behind in contact tracing efforts. She added she works at the City of Minneapolis, and they are behind in their efforts as well. Mr. Johnson confirmed this, as the increased number of cases has outstripped staff’s capacity to be able to reach everyone in a timely manner. Councilmember Graves requested clarification regarding hospital bed capacity in the community. Mr. Johnson stated it is generally described as being at a critical level right now. He added the County is asking people to work hard to maintain social distancing, wear masks, and protect health care workers. Fire Chief Berg stated, with regard to the testing site at the Target building, the contractor and North Memorial are hoping to have the testing site up and running within one week, if not sooner. He added it will be a nasal swab facility. Mayor Elliott asked whether the rates of vaccination will be higher in Brooklyn Center because of the high rates of infection. Mr. Johnson stated he is unsure, but County staff are actively working on vaccination planning and preparation, which is also not his area of expertise. He noted he could get back to the City Council with a more detailed answer. Mayor Elliott confirmed he would like to receive that information. 11/23/20 -8- DRAFT Councilmember Graves stated, in her role at Minneapolis Department of Health, she works with other staff to train community partners and leaders to hold conversations about the vaccine, and get feedback about how it should be rolled out. She added, especially in Brooklyn Center, which does not have a Health Department, it will be imperative to do community outreach, and help community members understand the safety aspects of the vaccine, as well as historical implications of why some people are wary of vaccinations. She noted she hopes the County can engage in that type of community outreach. Mr. Johnson thanked Councilmember Graves for that suggestion, as vaccine communication will be a big part of what lies ahead. He stressed the importance of remaining attentive to these specific types of concerns and connecting with trusted messengers in leading those conversations. He agreed to connect with the County’s head of outreach and communications, at the Mayor’s request, to see if there are opportunities for more follow-up. Mayor Elliott asked how the City of Brooklyn Center compares to the rest of the County. He asked if there is a ranking, and where Brooklyn Center falls. Mr. Johnson stated he does not have that specific data, but Brooklyn Center has been in the top 5 or 10 cities in Hennepin County during periods of increased infection rates. He added other counties now have rates that are much higher than Hennepin County in general, and Brooklyn Center in particular. He noted that it is not so much a matter of whether a specific area is at risk, but understanding that the risk is all around us, and people need to continue to think about the choices they make when interacting with others, and take that very seriously. Councilmember Ryan stated the age group showing increased rates of infection are people who go to work every day, using public transportation, working in certain job categories. He stressed the importance of the universal use of masks and social distancing, and to keep sending that message, that everyone has to be vigilant and responsible. Councilmember Graves stated the messages coming from government entities can often be dry and boring, and sometimes catchy messages can get people to pay attention. She added that can be difficult to accept as it goes against the normal way of getting information out, but it would be a good idea to think of better, more creative and innovative ways to communicate precautions. Mayor Elliott agreed, stating it is important to craft the message to ensure that it is fitting for the audience. Mayor Elliott thanked the presenters this evening for their presentation and for the hard work they are doing on behalf of the community. He encouraged everyone to keep working, getting the word out, dealing with risks associated with Covid-19 and its long-term consequences that have yet to be seen, in the community and throughout the world. 7b. BROOKLYN CENTER BCTC PUBLIC ART INITIATIVE 11/23/20 -9- DRAFT Dr. Edwards stated City Staff have been working on a public art initiative at the Transit Hub that started prior to the pandemic and focused on opportunities to provide art or develop art projects on an ongoing basis. After the pandemic started, City Staff considered how to continue to engage and involve the community, and move forward with public art. One idea included messaging around Covid for public transit users, including related concepts like social distancing and wearing masks. Two local artists have been engaged to work on this public art effort, which will culminate in art project displays at the transit hub. Chloe Cotherman, project coordinator, stated she is an art teacher in the Brooklyn Center Middle School and High School STEAM program. She added the opportunity came up to collaborate with the City and Metro Transit to lead a public art initiative. She noted she appreciates that art is being considered for a creative solution for place-making, community building, and community engagement. Ms. Cotherman recognized other project leaders: Dr. Reggie Edwards, Dr. Angel Smith, Armando Oster, and Mark Granlund, Metro Transit Public Art Coordinator. Ms. Cotherman stated Brooklyn Center has an ongoing community beautification and public art initiative, but this unique challenge addresses community concerns related to health and safety. She added the Covid-related art project will encourage residents to take ownership and pride in their diverse and thriving community. She noted community members were encouraged to submit artwork that would be displayed on monitors in the transit center, depicting how residents are handling the pandemic, and how they address it in their families and communities. She presented images of artwork submitted by students. Ms. Cotherman stated it is intended that the transit hub art initiative will be an ongoing project, with no specific deadline. She added an important aspect of the project is the hiring of artists teachers, who were selected based on submitted artwork and an interview process. She noted artists were chosen based on their connection to the community, who are interested in community engagement, and willing to take that on as part of the commission; engage in art with residents, and provide details of their project. Ms. Cotherman stated the first artist is Anika Schneider, who put together over 100 mask kits for creating a DIY face mask design. Ms. Schneider held two online workshops on pattern-making and mask-wearing as a form of personal expression. She created an online forum with tutorials to show how her art was developed. Ms. Cotherman stated Kao Lee Thao, another local artist, made and distributed over 100 art kits with wooden silhouette cutouts for people to paint and decorate. She held two online workshops and a painting workshop, while having conversations with the participants. She created an online forum to share her developing public art piece, with input from community members. Ms. Cotherman stated Kao Lee Thao’s art kits were distributed at the community center front desk, through Rec on The Go, middle school and high school teachers, and delivered to residents’ homes. There was a concerted effort to ensure that all community groups were reached within Brooklyn 11/23/20 -10- DRAFT Center, including indigenous families, essential workers, and residents of the Sanctuary assisted living center. Ms. Cotherman introduced artist Annika Schneider, a graduate of MCAD and a narrative painter, has been inspired by people’s face masks as an indicator of individual identity, a sense of cultural identity, and a show of care and compassion for themselves and others. Ms. Schneider was inspired by the idea of the transit hub being an access point for many people from different cultures, and some of her art is based on the MAC transit route. Ms. Cotherman stated Kao Lee Thao is also a local artist, who creates life-size or bigger painted metal silhouettes. She engaged in community outreach, asking for words and stories to describe the lives of Brooklyn Center’s residents. Both artist’s works will be placed around the exterior of the building, telling distinct, unique community-based stories. It is hoped that the artworks will be installed at BCTC by the end of June 2021. Ms. Cotherman stated approximately 20 submissions have been received for the BC Art Showcase, and the project leaders will continue to reach out to local artists, teachers, and students. Councilmember Graves stated she likes the initiative and the showcase. She asked whether artists could submit artwork that could be written, video or audio, and not just visual art. She added she has thought about the possibility of a video contest, with artists making TikTok videos with ideas and messaging. Ms. Cotherman stated she loves that idea, although the format will need to be without sound. She added it can definitely be written, or video or audio, which is a great way to make it more inclusive of other art forms. Councilmember Graves asked whether there was participation in the workshops with the local artists. Ms. Cotherman stated there was a decent level of engagement, although the artists would have liked to have more. She added it is a difficult time during the pandemic to get people to attend workshops. She noted other here are many different opportunities for involvement that can be measured. Councilmember Graves agreed, but added it is nice to have an actual estimate of participation and engagement. She asked, from a City Staff perspective, whether it could become an issue to share sites and links on the City’s website for videos or workshop links that are not within the City’s domain. Mr. Edwards stated the artists have entered into contracts with the City to use their work and videos. Councilmember Graves asked about the artists’ backgrounds, and whether they have connections to Brooklyn Center. Ms. Cotherman stated Kao Lee lives in Northeast Minneapolis but has family in Brooklyn Center. She added she has lived in many different metro area cities. She noted Ms. Schneider lives in 11/23/20 -11- DRAFT North Minneapolis and wants to work with communities that are interested in telling their stories through art. She is also interested in representing diverse stories through her art. Ms. Schneider stated she is an active member of the metro area community, and the art community in particular. Councilmember Graves thanked Ms. Cotherman for her presentation, and for the work she is doing. She added it may not feel tangible, but the reality is that it is very powerful, and who knows what else might unfold. Mayor Elliott thanked Ms. Cotherman for her presentation. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2020-114 REQUESTING APPROVAL OF THE PRELIMINARY AND FINAL PLAT FOR MOUND CEMETERY SECOND ADDITION (3515 69TH AVENUE NORTH AND COUNTY IDENTIFIED AS 6705 BEARD AVENUE NORTH) City Planner Ginny McIntosh reviewed a request for preliminary and final plat approval for Mound Cemetery 2nd Addition, or the southern end of the cemetery known as Freeway Park. The applicant is Public Works Director Doran Cote on behalf of the City of Brooklyn Center. A public hearing notice was published in the newspaper before the Planning Commission meeting, and notices sent to nearby properties. Ms. McIntosh stated a 75-year lease was approved between Mound Cemetery Association and Brooklyn Center for the southernmost 4 acres, intended for park use. The lease was recorded and set to expire in 2044. In December 2013, the Cemetery Association approached the City to request that the lease be vacated and transitioned back to the cemetery due to an increased interest in natural burial as well as different types of burial requirements based on cultural customs, including an east-west burial configuration. The Association agreed to dedicate 1 acre of land for park use, and in January 2020, the City Council approved a Resolution authorizing execution of a Memorandum of Understanding (MOU). Ms. McIntosh stated the Planning Commission held a public hearing on November 12, 2020 with questions related to existing improvements outside of the 1-acre parcel, including a baseball field and basketball court, as well as questions about the community engagement process. Ms. McIntosh stated the Planning Commission recommended approval of Planning Commission application 2020-009 for preliminary and final plat approval of Mound Cemetery Second Addition located at 3515 69th Avenue North. 11/23/20 -12- DRAFT Councilmember Graves asked about the different types of burial requirements, including the east- west configuration. Michael Howe, Mound Cemetery Association, stated he is the President of the Association Board. He added the motivation has been the increased need for plots, in consideration of meeting the needs of the community. He noted Muslim burials have an east-west orientation, so it has been necessary to consider ways to reframe the plotting of the cemetery to allow for that as it represents a change in the space we need to provide services to the communities we serve. Councilmember Graves stated Mound Cemetery presumably serves the people of the Brooklyn Center community, and the master plan for Freeway Park should incorporate ways to connect with and include aspects of the adjacent cemetery. She added this would include leveraging the geographic and cultural connections within the City. Mr. Howe agreed, adding he spoke with Ms. Cotherman about ways to bring community public art into the cemetery to make those types of connections. He added the cemetery works with a mosque in Brooklyn Park, among other mosques. He noted the cemetery is an undiscovered community asset, and the Association Board appreciates the City’s willingness to take on the challenges of designing a smaller park and amenities. Mayor Elliott asked whether the name of the cemetery is reflective of Native American burial mounds in the area. Mr. Howe stated the cemetery is over 150 years old, and it was named Mound Cemetery because of the Native American burial mounds located across the road in the park. He added the Cemetery Association is proud of the cemetery’s rich heritage and history. Councilmember Lawrence-Anderson asked for the phone number of the cemetery, and whether there are any vacancies. Mr. Howe stated there is information about the cemetery, including contact information, on the Mound Cemetery website. He added the cemetery is a great example of a small-town cemetery within a big city, with an emphasis on community and family. Councilmember Lawrence-Anderson stated her great, great, great grandmother was 100% Native American. She added she is proud of that fact, although her grandfather was not as supportive, as he was ashamed of the half-breed situation. She noted she completely supports Native American culture. She thanked Mr. Howe for all he is doing. Councilmember Graves stated she knows Councilmember Lawrence-Anderson was not trying to be hurtful or politically incorrect but she found a few of the comments were a little abrasive and triggering for her. She added she knows and loves Councilmember Lawrence-Anderson, but she could have been a little more graceful with her comments. Councilmember Graves stated Mr. Howe mentioned the rich history and heritage of the cemetery. She asked whether there are Native American burial mounds in the cemetery, and if so, whether there has been consideration of formal acknowledgement for preserving and protecting sacred land. 11/23/20 -13- DRAFT Councilmember Graves stated her previous comments were made in love for her fellow Councilmember, but she was extremely put off by her fellow Councilmember’s insensitive statements. Mr. Howe stated he appreciates and understands Councilmember Grave’s comments. He added end of life issues are always emotional and personal. He added the Native American burial mounds are located across the street near the lake, and not within the cemetery. He noted nothing has been found within the cemetery over its 150-year history. Councilmember Graves asked City Staff the same question, whether there has been consideration of preservation of sacred land. Mr. Boganey stated, to the best of his knowledge, the City has not done any research with respect to burial mounds in City-owned parkland, but it sounds like that should be done. He added he will provide follow-up information for the City Council. Mayor Elliott stated representatives of the Brooklyns Historical Society have indicated that burial mounds were destroyed to make way for trails in the park across from the cemetery. He added, as part of the City’s research, it would be helpful to find information about that claim. Mr. Boganey agreed. Mr. Howe requested that the City reach out if the cemetery can be of any assistance. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2020-114 approving Planning Commission Application No. 2020-009 for Preliminary and Final Plat Approval for Mound Cemetery Second Addition (3515 69th Avenue North and County Identified as 6705 Beard Avenue North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2020-115 APPROVING A TOBACCO APPLICATION FOR JAMBO AFRICA RESTAURANT Mr. Boganey reviewed a proposed Resolution that would allow Jambo Africa Restaurant to submit a tobacco license application. He added this issue was discussed at the Study Session earlier this evening, and the City Council agreed to move it to the Regular Agenda for approval. He noted the application would allow hookah use on the outdoor patio at Jambo Africa Restaurant and would be limited to outdoor spaces due to the Minnesota Indoor Clean Air Act. Mr. Boganey stated this application is being considered despite the City’s cap on tobacco licenses due to issues related to the applicant’s original 2018 license application. Councilmember Lawrence-Anderson stated the City Ordinance was amended in 2014 to not allow hookah. Mr. Boganey stated the current Ordinance does not disallow the use of hookah. He requested clarification from the City Attorney. 11/23/20 -14- DRAFT Mr. Gilchrist stated he is not aware of hookah being specifically mentioned anywhere in the Code. He added there may have been a temporary moratorium in 2014 which did not result in a permanent restriction. Mayor Elliott asked City Staff to determine whether there is any record from 2014 to indicate that a moratorium was placed on hookah licenses. Mr. Gilchrist agreed to do a quick search for hookah. Councilmember Lawrence-Anderson stated she is absolutely sure that in November 2014, former Mayor Willson agreed that there should be a moratorium on hookah lounges. Mr. Boganey stated a local restaurant, Jammin Wings, currently has a tobacco license and they have an outdoor hookah facility. He added if current Ordinance does not disallow hookah use, it would not be possible to impose such a restriction now. Mr. Gilchrist agreed. He added City Planner McIntosh reviewed City records and indicated there was a reference to a 90-day moratorium on hookah use that occurred some time ago. He added Councilmember Lawrence-Anderson’s memory is correct, but there is nothing in the current City Code that restricts hookah use. He noted since the use is allowed, there is no basis to deny the request. Councilmember Ryan stated this Resolution will resolve an issue of regulatory fairness, as an oversight occurred that was never addressed. He added the impacts of tobacco use are well- documented and are of concern to policy makers who turn their minds to health and safety issues. He noted it would be beneficial to revisit this issue, especially since hookah is a more concentrated use of tobacco products and could potentially have a greater health impact. Councilmember Butler stated she agrees with Councilmember Ryan’s statements. She added the approval of this license goes against the City Council’s expressed values related to the health and wellness of the City’s residents. She noted, however, this Resolution will address an error in the way the license request was originally handled, and she supports allowing the application. Councilmember Lawrence-Anderson expressed her disappointment as she thought a ban on hookah was placed in 2014. She added she does not want hookah lounges in Brooklyn Center and she cannot support this Resolution. She noted this issue should be reviewed and resolved at a Work Session. Councilmember Graves stated she agrees it is important to put limitations on tobacco use, and the City has already taken measures towards that end, including T-21 and moving toward restricting sales of flavored tobacco and e-cigarettes to adult-only stores. She added she knows Simone well, and she is a long-time local business owner. She noted there is a lot to be said about the way hookah resonates for specific community members, and it is the City’s mistake that this issue was not resolved for Ms. Chambliss in 2018. She expressed her support of giving Ms. Chambliss the opportunity to apply for the tobacco license and meet the necessary requirements. 11/23/20 -15- DRAFT Councilmember Graves moved and Councilmember Elliott seconded to adopt RESOLUTION NO. 2020-115 approving a tobacco license application for Jambo Africa Restaurant. Discussion during the motion: Mr. Gilchrist stated, for purposes of clarification, the Resolution will approve issuance of a license if the owner submits an application and qualifies for the license. He added this issue will not be reviewed again by the City Council at a future meeting. Councilmember Ryan stated the City Council must abide by the Ordinance as written, during the fraught time in which the Ordinance has application. He added he votes to support this Resolution with regret because he does not support hookah lounges. He noted he feels the City Council is duty-bound to approve the application on the basis of regulatory fairness. Mayor Elliott stated he associates himself with the previous gentleman’s comments. Motion passed 4-1 (Councilmember Lawrence-Anderson voted nay). 11. COUNCIL REPORT Councilmember Graves stated the Met Council’s Land Use Advisory Committee has come up with an Economic Values Atlas, based on a model that is being used in Portland, Oregon, to assess development opportunities and options for economic development. She added the Atlas was presented to the Livable Communities Board, and she wanted to bring it to the attention of the City Council and City Staff. Mr. Boganey agreed to pass the information along to Community Development Director Meg Beekman. He added she serves on the Livable Communities Board. 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:41 p.m. Motion passed unanimously. 11/23/20 -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 NOVEMBER 23, 2020 CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 9:42 p.m. The meeting was conducted via Webex. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. TOBACCO ORDINANCE FOLLOW UP City Manager Curt Boganey stated, at a Work Session in June 2020, the City Council reviewed a presentation regarding potential policy changes related to the Tobacco Ordinance. He added City Staff is seeking direction regarding adoption of the following proposed regulations: 1) restriction of sale of tobacco-flavored products to adult-only shops; and restrictions on the redemption of coupons and price discounts as well as setting minimum prices for standardized tobacco products. Councilmember/Commissioner Graves stated she supports the changes that have already been made but she is not convinced that taking further action now is the best move for the City and its residents. She noted she is not interested in adding more regulations right now. Councilmember/Commissioner Ryan stated he has talked with Councilmember/Commissioner Graves about this issue, and generally he would be in favor of the proposed new regulations. He added, however, the community is struggling with the pandemic and related stress and hardship. A fair percentage of the City’s population uses tobacco or struggles with tobacco addiction, and tobacco is perceived by them to be a stress reducer. He noted the imposition of new restrictions will weigh heavily upon people who are already struggling to meet basic needs. Councilmember/Commissioner Ryan stated he would support deferring this discussion and revisiting the issue when the pandemic is over. He added he struggles with whether this is a wise decision or not. He requested feedback and comments from his colleagues on the City Council. Mayor/President Elliott stated he is curious about the demographic impact that these types of regulations would have on communities of color, especially the black community. He added, to Councilmember/Commissioner Ryan’s point, the pandemic has greatly affected the community, 11/23/20 -2- DRAFT and the impact of this policy, either positive or negative, is unknown. He noted he is not ready to toss this out right now, but more information is needed. Councilmember/Commissioner Butler agreed, adding she is not ready to vote for the policy at this time. She expressed frustration that this topic is being presented at the same meeting at which the submission of a tobacco license application was approved. She agreed she would like to have more information before the proposed policy goes on a Regular Session agenda for consideration. Councilmember/Commissioner Ryan stated there is no one who is more anti-tobacco than he is, but this is a fraught time. He added, in a conversation earlier in the summer, he exhibited a lack of sensitivity with bad results, and he wants to be sensitive of the needs and feelings of those who are really struggling right now. He noted the proposed policy can be revisited when the pandemic is over, and the City Council can put more focus and attention on supporting public health. Councilmember/Commissioner Graves stated she really likes the way Councilmember/ Commissioner Ryan put that last comment together. Councilmember/Commissioner Lawrence-Anderson stated she has no comment at this point. Mayor/President Elliott stated Emily Anderson, a representative of Association of Nonsmokers- Minnesota, joined tonight’s meeting for this discussion. He requested feedback and comments from Ms. Anderson. Ms. Anderson stated she addressed the City Council on this issue at a Work Session in June 2020. She added these policies seem unfair to communities of color because of high use rates, but the tobacco industry is responsible for this disparity, with advertising and marketing of addictive products directed at communities of color. She noted she understands that these types of public health policies can seem unfair or unjust, especially during the current pandemic. Councilmember/Commissioner Lawrence-Anderson thanked Ms. Anderson and expressed her appreciation for her hard work. She added her mother is at home, on oxygen because she has been a smoker for over 60 years. She noted this is a severe problem, and she supports whatever the City Council can do to decrease tobacco usage in the City. Mayor/President Elliott stated it is a difficult situation, balancing people’s rights to access and choice, but also address the health concerns of the community. He added the City Council has taken some steps in the past, and there is more work to be done. Councilmember/Commissioner Graves stated she appreciates the Mayor/President’s comments. She added she understands the difficulty because she is a smoker, and she has struggled with it for years. She noted she would support another conversation about the proposed policy. She stressed the importance of being aware and compassionate when moving forward with the proposed policy. CIVILIAN REVIEW BOARD Consider Extension of Meeting 11/23/20 -3- DRAFT Mayor/President Elliott requested a motion to extend the meeting past 10:00 p.m. Councilmember/Commissioner Ryan suggested this issue could be addressed at the City Council’s next Work Session due to the late hour, to ensure sufficient time and attention. Councilmember/Commissioner Ryan moved to adjourn the meeting. Mayor/President Elliott called for a second to the motion. Councilmember/Commissioner Graves stated she would be willing to extend the meeting 20-30 minutes past 10:00 p.m. due to the importance of this discussion. Councilmember/Commissioner Butler stated she does not generally like going past 10:00 p.m., but she would be willing to go another 20-30 minutes. She added, however, she does not believe it will be possible to address this topic if time is limited. She noted there are many people who are still on the meeting who wish to address this issue. The motion failed for lack of a second. Police Chief Tim Gannon stated the discussion will take a minimum of one hour, as the presentation will be 30 minutes and the ensuing discussion is expected to last 30-45 minutes. Councilmember/Commissioner Graves stated she is ready to begin the discussion at tonight’s meeting. A community member stated this is a very important conversation, and, as a community member, she requested that the discussion be moved to a time when it can be fully addressed. She added there are many community members who want to comment on this issue. Councilmember/Commissioner Graves stated there are two people who have been on the meeting for longer than the community member, and they have expressed an interest in continuing the discussion. She added she was trying to find a balance. Mayor/President Elliott suggested that the City Council should schedule a Work Session focused on this issue. He added, when the City Council has a long Regular Session meeting and comes back to Work Session items, all their energy is spent. There was a majority Consensus of the City Council to schedule a Work Session to discuss the Citizen Review Board on Monday, November 30, 2020 at 6:00 p.m. ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 10:13 p.m. 11/23/20 -4- DRAFT Motion passed unanimously. C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager BY:A lix Bentrud, D eputy City Clerk S U B J E C T:A pproval of Licens es B ackground: H ospitality A ccommodaons Brooklyn C enter H otel G roup L L C D B A Fairfield by Marrio1 Mpls N 6250 Earle Brow n D r Brooklyn Center M N 55430 Liquor 3.2% O ff S ale C ity of Brooklyn C enter D B A C entennial Park 6301 S hingle Creek P kwy Brooklyn Center M N 55430 C ity of Brooklyn C enter D B A Evergreen Park 7112 Bryant Ave N Brooklyn Center M N 55430 D iamond Lake 1994 L L C D B A C ub Foods 3245 Co Rd No 10 Brooklyn Center M N 55430 Northern Tier L L C D B A S peedway #4058 1901 - 57th Ave N Brooklyn Center M N 55430 Northern Tier L L C D B A S peedway #3192 6950 Brooklyn Blvd Brooklyn Center, M N 55429 Northern Tier L L C D B A S peedway #4160 6545 Wes t River Road Brooklyn Center, M N 55429 Liquor 3.2% O n S ale Brooklyn C enter Res taurant I nc. D B A 50's G rill 5524 Brooklyn Blvd Brooklyn C enter, M N 55429 D avanni's I nc. D B A D avanni;s P izza & H ot H oagies 5937 S ummit D rive Brooklyn Center, M N 55430 Liquor O n-S ale C lub D uoos Bros . D B A A merican L egion Pos t 630 6110 Brooklyn Blvd Brooklyn Center, M N 55429 Liquor O n-S ale Intoxicang A pple Minnes ota L L C D B A A pplebee's Neighborhood G rill & Bar 1400 S hingle Creek C rossing Brooklyn Center, M N 55430 C ity of Brooklyn C enter D B A C enterbrook G olf Cours e 5500 L ilac D r Brooklyn C enter, M N 55430 C ompas s G roup D B A F lik I nternaDonal - E B H C 6155 Earle Brown D rive Brooklyn C enter, M N 55430 J ambo A frica D B A J ambo A frica Restaurant and Bar 1601 F reeway Blvd Brooklyn Center, M N 55430 Liquor O n-S ale S unday S ales A pple Minnes ota L L C D B A A pplebee's Neighborhood G rill & Bar 1400 S hingle Creek C rossing Brooklyn Center, M N 55430 C ity of Brooklyn C enter D B A C enterbrook G olf Cours e 5500 L ilac D r Brooklyn C enter M N 55430 C ompas s G roup D B A F lik I nternaDonal - E B H C 6155 Earle Brown D rive Brooklyn C enter, M N 55430 D uoos Bros. D B A A merican Legion Post 630 6110 Brooklyn Blvd Brooklyn C enter, M N 55429 J ambo A frica D B A J ambo A frica Restaurant and Bar 1601 F reeway Blvd Brooklyn Center, M N 55430 Liquor - O n-S ale Wine Brooklyn C enter Res taurant I nc. D B A 50's G rill 5524 Brooklyn Blvd Brooklyn C enter, M N 55429 D avanni's I nc. D B A D avanni;s P izza & H ot H oagies 5937 S ummit D rive Brooklyn Center, M N 55430 M echanical Licenses A dvanced H eaDng & A ir C ondiDoning 10550 County Rd 81 Maple G rove M N 55369 A nderson Res idenDal H eaDng & A /C 1628 County Rd 10 #34 S pring Lake Park M N 55432 A pollo H eaDng & A ir 1167 V iking D r. E. Maplewood M N 55109 Fair H eaDng and A ir L L C 2925 Norw ay Circle S . Cambridge M N 55008 Kno1 M echanical I nc. 3961 Q uebec Ave N New H ope M N 55427 M ajor M echanical I nc 11201 86th Ave N. Maple G rove M N 55369 M idland H VA C 4804 Park G len Rd. S t. L ouis Park M N 55416 U nited S tates M echanical, I nc 3526 88th Avenue N E Blaine M N 55449 Tobacco Related P roduct D iamond Lake 1994 L L C D B A C ub Foods 3245 Co Rd No 10 Brooklyn Center M N 55430 J ambo A frica D B A J ambo A frica Restaurant and Bar 1601 F reeway Blvd Brooklyn Center M N 55430 Northern Tier Retail L L C D B A S peedway #4058 1901 57th Ave N Brooklyn Center M N 55430 Northern Tier Retail L L C D B A S peedway #3192 6950 Brooklyn Blvd Brooklyn Center M N 55429 Northern Tier Retail L L C D B A S peedway #4160 6545 Wes t River Rd Brooklyn Center M N 55430 Walmart #5625 1200 S hingle Creek Parkw ay Brooklyn Center M N 55430 S trategic Priories and Values: S afe, S ecure, S table C ommunity, O peraDonal Excellence AT TA C H M E N TS : D escripDon U pload D ate Type Rental C riteria 7/7/2020 Backup M aterial 12-14-2020 Rentals 12/8/2020 Backup M aterial Page 2 of 2 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 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 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 4806 Twin Lake Ave Multi 1 Blgd 4 Units Initial Andrew Syrup 7 1.75 per unit III 1 valid, .25 per unit 6/13/2020 disturbing peace III 5211 Xerxes Ave N Multi 1 Bldg 12 Units Initial BMW Holdings / HBG 45 3.75 per unit IV 0 IV 6730 Ewing Ave N Single Initial Zafar Khamdamov / Sogdiana LLC 7 III 0 III 4450 58th Ave N Basswood Apartments Multi 1 Bldg 11 Units Renewal Halverson Blaiser Group 12 1.09 per unit II 0 II II 201 65th Ave N Riverwood Estates Multi 7 bldgs 84 Units Renewal Donald Kasbohm 17 (21 units inspected) .8 per unit II 8 valid, .09 per unit 1/25/2020 Agg Assault 2/17/2020 Burglary 6/2/2020 Disturbance 8/13/2020 Vandalism 9/6/2020 Theft 9/14/2020 Disorderly Conduct 10/17/2020 Burglary 11/10/2020 Buglary II III 3407 65th Ave N Granite City Apartments Multi 6 Bldgs 72 Units Renewal Chris Kohler 22 (18 units inspected) 1.2 per unit II 2 valid, .03 per unit 2/23/2020 Buglary 5/13/2020 Theft II II 6740 Grimes Pl Victoria Townhouses Multi 8 Bldgs 48 Units Renewal Patrick Gaughan ‐ met requirements 285 5.9 per unit IV 3 valid, .06 per unit 3/25/2020 Burglary 6/8/2020 Theft 7/5/2020 Disturbance IV III 6710 Orchard La N Marvin Gardens Townhouses Multi 9 Bldgs 52 Units Renewal Randolph Zejdlik / Redevco Mgt Co 8 (13 units inspected) .6 per unit I 2 valid, .04 per unit 4/15/2020 Theft 10/19/2020 Burglary III 4748‐52 Twin Lake Ave 2 Family 2 Unit Renewal Grant & Pam Osgood ‐ missing CPTED inspection 0 I 0 I III 3706 55th Ave N Single Renewal Teresa Williams / Mains'l Properties 1 I 0 I I Rental Licenses for Council Approval on December 14, 2020 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Rental Licenses for Council Approval on December 14, 2020 5901 Aldrich Ave N Single Renewal FYR SFR Borrow LLC 8 III 0 III I 6919 France Ave N Single Renewal Benjamin Hermantin 3 II 0 II II 5407 Irving Ave N Single Renewal Mark Gonzales 8 III 0 III II 7131 Kyle Ave n Single Renewal Philip Littlefield ‐ missing CFH Certificate 4 II 0 II IV 7100 Lee Ave N Single Renewal Selene Avendamo ‐ missing CPTED Inspection 3 II 0 II IV * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued *** Initial licenses will not show All properties are current on City utilities and property taxes Type 1 = 3 Year Type II = 2 Year Type III = 1 Year C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D r. Reggie Edwards, D eputy C ity M anager BY:Barb S uciu, C ity C lerk S U B J E C T:A pprove the 2021 C ity C ouncil Mee.ng S chedule B ackground: A nnually, the C ity C ouncil mee.ng schedule is set for the upcoming year. A1ached for you approval is the s chedule for 2021. B udget I ssues: N/A S trategic Priories and Values: O pera.onal Excellence AT TA C H M E N TS : D escrip.on U pload D ate Type 2021 C alendar 12/8/2020 Cover Memo 2021 City Council Meeting Schedule Regular City Council Meetings Council Chambers City Hall Study/Work Session 6:00 p.m. Informal Open Forum 6:45 p.m. Regular Session 7:00 p.m. Work Session – After regular session Brooklyn Center City Council regularly meets the 2nd and 4th Monday each month, unless Monday is a holiday. January 11 January 25 February 8 February 22 March 8 March 22 April 12 April 26 May 10 May 24 June 14 June 28 July 12 July 26 August 9 August 23 September 13 September 27 October 11 October 25 November 8 November 22 December 13 Additional Meetings Jan. 4 Feb. 1 Mar. 1 May 3 Sept. 7 Special City Council Meetings All dates are Monday unless otherwise noted April 5 7:00 p.m. Board of Appeal & Equalization CC April 19 6:00 p.m. Board of Appeal & Equalization Reconvene CC June 7 6:30 p.m. Work Session w/Auditor and Budget Work Session w/Financial Commission CC July 5 6:30 p.m. Work Session w/Financial Commission CC Capital Improvement Plan & Capital Project Funds July 19 6:30 p.m. Work Session w/Financial Commission CC 2020 Budget Overview August 2 6:30 p.m. Work Session w/Financial Commission CC General Fund – Department Requests August 16 6:30 p.m. Work Session w/Financial Commission CC General Fund – Department Requests September 1 (Wednesday) 6:30 p.m. Work Session w/Financial Commission CC General Fund – Department Requests October 4 6:30 p.m. Work Session w/Financial Commission CC Special Revenue Funds, Debt Service Funds, Internal Service Funds October 18 6:30 p.m. Work Session w/Financial Commission CC Utility/Enterprise Funds December 6 6:30 p.m. 2022 Budget Hearing and Special Meeting CC CC –Council Chambers located in upper level City Hall All dates are subject to change. Call City Hall at 763-569-3300 to verify dates and times. C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:Barb S uciu, C ity S U B J E C T:Res olu(on D esigna(ng Polling P laces for the 2021 Elec(on B ackground: I n 2017, legis la(on w as pas s ed that added a requirement for ci(es to designate polling places annually by D ecember 31 for elec(ons to be held in the following year. Even if a city does not have a scheduled elec(on for the follow ing year, a resolu(on or ordinance must be passed to cover any special elec(ons that may occur the follow ing year. A res olu(on has been dra6ed and is a7ached for Council considera(on. A n excerpt from M innesota S tatutes 204 B.16 has been a7ached for your reference. B udget I ssues: None S trategic Priories and Values: O pera(onal Excellence AT TA C H M E N TS : D escrip(on U pload D ate Type Res olu(on 12/10/2020 Resolu(on Le7er Excerpt from M N S tatutes 204 B.16 12/8/2020 Backup M aterial Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION DESIGNATING POLLING PLACES FOR THE CITY OF BROOKLYN CENTER FOR 2021 ELECTIONS WHEREAS, the City of Brooklyn Center is currently constituted into seven election precincts; and WHEREAS, Minnesota Statutes, Section 204B.16, Subd. 1, requires that by December 31 of each year, the governing body of a municipality must designate a polling place for each election precinct for the following year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the polling places meet the statutory requirements and are hereby designated for 2021 elections as follows: Precinct 1 – Brooklyn Center Elementary School, 1500 59th Avenue North Precinct 2 – Brooklyn Center High School, 6500 Humboldt Avenue North Precinct 3 – Evergreen Park Elementary School, 7020 Dupont Avenue North Precinct 4 – Spiritual Life Church, 6865 Shingle Creek Parkway Precinct 5 – Garden City Elementary School, 3501 65th Avenue North Precinct 6 – Northport Elementary School, 5421 Brooklyn Boulevard Precinct 7 – Brooklyn Center West Fire Station, 6250 Brooklyn Boulevard December 14, 2020 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. Excerpt from Minnesota State Statute 204B.16 C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:Tim G annon Chief of Police S U B J E C T:A mendment A pproving H ennepin C ounty V iolent O ffender's Task Force A greement B ackground: T he B rooklyn C enter Police D epartment has found the Hennepin C ounty Violent O ffender's Task Force (VOT F) to be a great partnership. U nfortunately, the Hennepin C ounty Violent O ffender Task Force C o-O pera7ve Agreement is set to expire on January 30, 2021. T he agreement does allow for a seven year extension if agreed to by the governing bodies. A:ached is A mendment 2 to the agreement, w hich s eeks to extend the agreement for another seven years , un7l J anuary 30, 2028. Brooklyn Center along w ith G olden Valley, Brooklyn Park, Richfield, and H ennepin C ounty S heriff's D epartment compris e VOT F. Currently, Brooklyn C enter has a one officer as s igned to the tas k force. B udget I ssues: No budget issue S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip7on U pload D ate Type A greement 12/2/2020 Cover Memo Contract No: A141147 Amendment: amendment # 2 Page 1 of 6 AMENDMENT NO. 2 TO AGREEMENT NO. A141147 (14-0352) HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE 2014 CO-OPERATIVE AGREEMENT This Amendment No. 2 to Agreement No. A141147 (14-0352) is between Hennepin County, on behalf of the Hennepin County Sheriff’s Office and the Hennepin County Attorney’s Office, the City of Richfield, the City of Brooklyn Center, the City of Brooklyn Park, and the City of Golden Valley (may be referred to herein as the “parties”). The parties agree that Agreement No. A141147 (14-0352), including any prior amendments, is amended as follows: 1. Pursuant to the provisions in Section 4.1 of the Agreement, the parties hereby agree to extend the term of this Agreement for an additional seven year term as indicated in the following: “4.1 The term of this Agreement shall be for fourteen years, commencing January 31, 2014 and terminating January 30, 2028, unless terminated earlier pursuant to the provisions of this Agreement.” Except as herein amended, the terms, conditions and provisions of Agreement No. A141147 (14- 0352), including any prior amendments, shall remain in full force and effect. (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 2 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF GOLDEN VALLEY The Golden Valley City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Golden Valley By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Golden Valley City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 3 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN PARK The Brooklyn Park City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Brooklyn Park By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Brooklyn Park City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 4 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF BROOKLYN CENTER The Brooklyn Center City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Brooklyn Center By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Brooklyn Center City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 5 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT CITY OF RICHFIELD The Richfield City Council duly approved this Agreement on the ______ day of ______________, 2020. City of Richfield By: _________________________ Its Mayor And by: ______________________ Its City Manager Approved as to form and legality: ___________________________ Richfield City Attorney (signatures continued on the following page) Contract No: A141147 Amendment: amendment # 2 Page 6 of 6 HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT Hennepin County Board Approval Task Force Members, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on behalf of the Hennepin County Sheriff’s Office and the Hennepin County Attorney’s Office on the _____ day of _____________, 2020 and pursuant to such approval, the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provision herein set forth. County of Hennepin State of Minnesota Reviewed by County Attorney’s Office: _____________________________ Chair of its County Board ________________________ Assistant County Attorney And: __________________________ County Administrator And: _________________________ Hennepin County Sheriff/Chief Deputy Attest: ________________________ Deputy/Clerk of County Board C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:Tim G annon Chief of Police S U B J E C T:J uvenile P roba,on C lient D elinquency P reven,on I ni,a,ve B ackground: The Br ookly n Center Police D epar tment, along with local partners, have iden,fied an influx in the number of young people who are r unning away in and around the region – par,cularly female-iden,fied youth and boys and y oung men of color. I n H ennepin C ounty, y outh of color are dis propor,onately repres ented in all county s ystems and M innesota is ranked one of the highest s tates for minority dis pari,es . Running away can be due to ins tability, abus e or neglect in the home and, for s ome y outh, running away becomes a pa:ern of ris ky behavior us ed as a coping mechanis m for thes e or other is s ues. By prov iding meaningful, engaging and culturally relevant serv ices, we hope to addres s these issues and create a pos i,ve community s hi;. D ata fr om 2 0 1 8 als o s hows mul,ple repeat incidents of the s ame y outh r unning away in and around the Brooklyn Park / C enter area, but w ithout addressing the root caus es the youth or family ar e facing, w e will likely con,nue to s ee this trend incr eas e. These y oung people are especially v ulner able and at an increas ed risk of mental and phys ical health implica,ons such as teen pregnancy, s ubs tance abus e, truancy, homelessnes s , sexual exploita,on or traffick ing, gang involv ement, criminal ac,vity and ev en s uicide. The abuse rate for female runaw ay y outh is 24.7 %, compared to 7.5 % of non-runaw ay youth. By intervening early - before, or immediately a;er a y outh leav es home - we can reduce the risk of tr auma,c abus e or other long-ter m cons equences . Police are o;en the firs t point of contact for a runaway youth, but due to the demands of their r ole, police s imply do not have the capacity to addr es s the complex needs of the youth or family. The J oint Powers A greement provides funding from the H ennepin C ounty D epartment of C ommunity Correc,ons and Rehabilita,on (D O C C R) to the Brookly n Park Police D epartment (B P P D ). W ith thes e funds , the B P P D s hall contr act with a prov ider for a youth interven,on program to operate out of Z anewood Recrea,on Center as a par t of the J uvenile P r oba,on Client D elinquency P r ev en,on I ni,a,ve. T he J PA for the pilot program w ill be effec,ve J anuary 1, 2021 through D ecember 31, 2022. P rogram components include: I den,fy and addr es s the root caus es behind youth running aw ay to str engthen families and avoid reoccurrences Convene and coordinate s takeholder s including local police and city officials, gov ernment, s chool and community-bas ed organiz a,ons to s tr eamline bes t pr ac,ce r es pons es , serv ices and w ork to address the mul,ple factors that lead to dispari,es, which o;en are not addressed or ack now ledged as root causes I mplement an evidence-based and na,onally accredited runaway preven,on curriculum (long term) that will prov ide a diversion op,on which s eeks to increas e y outh’s r es iliency, protec,v e factors , and s afety while reducing ris ks for repeat incidents of running aw ay. The ci,es of Brooklyn C enter, Crystal and Brooklyn Park agree to: Track iden,fied disaggregated data from police pers pec,ve and provide informa,on as needed P rovide oversight of s ervices and outcomes from the contracted service D es ignate one or more repres enta,ves to serve on the ini,a,ve steering group D es ignate patrol officer s or other department r epr es enta,ves to par,cipate in programming and engage with youth and C ontract P rovider staff at the service delivery loca,on, as availability allow s . B udget I ssues: The H ennepin C ounty D O C C R will provide funding to Brooklyn Park in the not-to-exceed amount of $180,000.00 during the tw o-year term of the pilot agreement. These funds will be used to contract with the Y M C A to provide youth interven+on program services out of Z anew ood Recrea+on C enter. No budget issue for Brookly n C enter. S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip,on U pload D ate Type M O U 12/3/2020 Cover Memo J PA - A 2010314 12/11/2020 Backup M aterial RUNAWAY INTERVENTION AND PREVENTION PROGRAM AGREEMENT This Runaway Intervention and Prevention Agreement (“Agreement”) is made this 30_ day of December, 2020 by and among the City of Brooklyn Park, a Minnesota municipal corporation (“Brooklyn Park”), the City of Brooklyn Center, a Minnesota municipal corporation (“Brooklyn Center”), the City of Crystal, a Minnesota municipal corporation (“Crystal”), and the YMCA of the Greater Twin Cities, a Minnesota non-profit corporation (“YMCA”). The cities that are parties to this Agreement may hereinafter be referred to collectively as the “Cities,” or individually as a “City.” The Cities and the YMCA may hereinafter be referred to collectively as the “parties” or individually as a “party.” RECITALS A. The Cities’ Police Departments and Parks Department of Brooklyn Park desire to work cooperatively with the YMCA to establish a runaway intervention and prevention program with the YMCA (“Runaway Program”). B. The YMCA desires to work cooperatively with the Cities’ Police Departments and the Recreation and Parks Department of Brooklyn Park to establish and operate a Runaway Program in accordance with the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual promises and agreements contained herein, the parties hereby by agree as follows: 1. City Responsibilities. Each City agrees to do the following: (a) Select and refer appropriate youth (collectively, the “Youth”) to the YMCA for the Runaway Program and participation in the curriculum described in this Agreement; (b) Share information with the YMCA related to Youth qualification and progress; (c) Identify appropriate Youth participants for the Runaway Program; (d) Provide space for the YMCA to deliver the Runaway Program curriculum; (e) Provide space for occasional Runaway Program administrative work and meetings of the parties; and (f) Cooperate with the YMCA to the fullest extent possible in its operation of the Runaway Program. 2. YMCA Responsibilities. The YMCA is responsible for providing all services necessary to operate the Runaway Program including, but not limited to, the following: (a) Provide a single point of contact through a program-specific referral email or YMCA Youth Resource Line; (b) Conduct intake and comprehensive assessment to include risk assessment, trauma screening, and Youth survey; (c) Provide Holistic family planning to support the Youth; (d) Share information with each City related to Youth progress on program goals; (e) Facilitate a group diversion curriculum; (f) Facilitate the transportation of Youth as needed to achieve program elements; (g) Be responsible for salary and personnel expenses for one (1) full-time YMCA employee and all related program expenses for providing the Runaway Program services set forth in this Agreement; (h) Comply with the Minnesota Government Data Practices with respect to any data collected or received by the YMCA as part of the Runaway Program; and (i) Cooperate with each City to the fullest extent possible with respect to the Runaway Program. 3. Term and Termination. The term of this Agreement shall be from January 1, 2021, through December 31, 2022, regardless of the dates of execution, unless terminated earlier as provided herein. This Agreement may be terminated by any party for any reason, or for no reason, after thirty (30) days written notice to the other parties. 4. Services. The YMCA agrees to provide the required personnel and related support services and supplies to effectively and efficiently provide the services necessary to operate the Runaway Program. Each City agrees to cooperate with the YMCA as deemed appropriate by the Cities’ Chiefs of Police to ensure the timely provision of Runaway Program services. There shall be no charge to the Youth or their parents for participating in the Runaway Program. Youth identified as potential participants in the Runaway Program may decline enrollment. 5. Records. The YMCA agrees to maintain such records as are deemed necessary by the Cities to ensure that the Runaway Program provides the services and is operated as represented by the YMCA. The YMCA shall maintain the records in a manner that ensures confidentiality to service recipients; however, the YMCA shall provide disclosure to the Cities or a third party if so required by this Agreement, law, or regulation. All documents provided by the Cities or any other third party to the YMCA shall be securely maintained in locked file drawers or a locked room. The YMCA shall return all records, including all participant release forms, to the Cities, as applicable, at the expiration or termination of this Agreement. 6. Payment. Brooklyn Park agrees to reimburse the YMCA a total of up to $180,000 over the entire term of this Agreement for all Runaway Program services provided by the YMCA, as further set out in the attached Exhibit C. Brooklyn Center and Crystal are not required to reimburse or otherwise pay the YMCA for its Runaway Program services. Upon the prior written request of the YMCA, any City may elect to provide financial assistance on a case- by-case basis for certain events or incidentals related to the Runaway Program. 7. Discrimination. The YMCA agrees not to discriminate in providing Runaway Program services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 8. Insurance. The YMCA shall, during the entire term of this Agreement, obtain and maintain the types and minimum amounts of insurance coverage identified in the attached Exhibit A. The YMCA shall name the Cities as additional insureds on its commercial general liability policy. 9. Indemnification. The YMCA agrees, for itself and its successors and assigns, release and agree to defend, indemnify and hold Brooklyn Center, Brooklyn Park, and Crystal harmless from all Loss or Damage in any manner, directly or indirectly arising out of, resulting from, or in any manner connected with this Agreement, the provision of facilities, programs and services pursuant to this Agreement. The term “Loss or Damage” as used herein means all losses, costs, expenses (including without limitation, reasonable attorneys' fees, disbursements of counsel and costs of investigation), liabilities, damages, debts, fees, fines, penalties, charges, assessments, judgments, liens, settlements, claims, demands, rights, actions, suits, causes of action, and proceedings, and other obligations of any nature whatsoever and of any person whomsoever, including for death or injury to any person (including the parties and their employees, agents, and contractors) and including damage to property owned by, leased, rented to, or in the care, custody, or control of the parties. The indemnity obligations contained in this Section shall survive termination of this Agreement. Nothing in this paragraph shall be construed as a waiver of any liability limits or immunities contained in Minnesota Statutes, Chapter 466. 10. Entire Agreement. The entire agreement of the parties is contained in this document, including the recitals, exhibits, and any addenda or amendments signed by the parties. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. This Agreement is valid only when signed by all the parties. 11. Amendment. Any amendment of the Agreement must be in writing and signed by all parties. 12. Assignment. The rights and obligations created by this Agreement are assignable only by the written consent of all parties to this Agreement. 13. Notices. All notices required to be given by any party pursuant to this Agreement shall be in writing and sent to the other party at the following addresses: To Brooklyn Park: City of Brooklyn Park Attention: Chief of Police 5200 85th Ave North Brooklyn Park, MN 55443 With a copy to the Director of Recreation and Parks at the same address as the Chief of the Police. To Brooklyn Center: City of Brooklyn Center Attention: Chief of Police 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 To Crystal: City of Crystal Attention: Chief of Police 4141 Douglas Dr. N. Crystal, MN 55422 To the YMCA: YMCA of the Greater Twin Cities Attention: Program Executive for Youth Intervention 8950 Springbrook Drive NW Coon Rapids, MN 55433 All notices shall be deemed received when delivered, if hand-delivered, or three business days after deposit with the United States Postal Service, postage prepaid. Notices by fax or email alone are not sufficient. The addresses for notices may be changed by the parties from time to time by delivery of written notice to the other parties as provided herein. 14. Independent Contractor. The YMCA acknowledges and agrees that it is an independent contractor of the Cities and that nothing in this Agreement is intended, nor shall be construed, to create a joint venture or to create the relationship of partners or employer/employee between the parties. The YMCA, its officers, agents, employees, and volunteers are, and shall remain for all purposes and services under this Agreement, independent contractors. 15. Data Practices Compliance. Data and information provided to the YMCA under this Agreement or through the provision of Runaway Program services under this Agreement shall be administered in accordance with each participant’s signed informed consent to release information, using the form attached hereto as Exhibit B, and the Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with all applicable laws, rules, and regulations. 16. Legal Compliance. The parties shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in carrying out their respective obligations under this Agreement. 17. Audit. As required by Minnesota Statutes Section 16C.05, subdivision 5, the YMCA’s books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the Cities and the Minnesota State Auditor or legislative auditor for a minimum of six years from the termination or expiration of this Agreement. 18. Applicable Law. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. YMCA OF THE TWIN CITIES ______________________________ Date ___11/30/2020____ By Karen Larson Its Chief Financial Officer CITY OF BROOKLYN CENTER ______________________________ Date ________________ By Mike Elliot Its Mayor ______________________________ Date ________________ By Cornelius L. Boganey Its City Manager CITY OF BROOKLYN PARK ______________________________ Date ________________ By Jeffrey Joneal Lunde Its Mayor ______________________________ Date ________________ By Jay Stroebel Its City Manager CITY OF CRYSTAL ______________________________ Date ________________ By Jim Adams Its Mayor ______________________________ Date ________________ By Anne Norris Its City Manager EXHIBIT A General Liability: $1,000,000 Each Occurrence $1,000,000 Personal Injury/Advertising Injury $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate $100,000 Damage to Rented Premises $5,000 Medical Payments (optional) Auto Liability: $1,000,000 Combined Single Limit – Bodily Injury & Property Damage $1,000,000 Hired & Non-Owned Auto Liability Workers’ Compensation: $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease Statutory Limits Apply Umbrella/Excess Liability: $1,000,000 Each Occurrence and Annual Aggregate EXHIBIT B FORM OF CONSENT TO RELEASE NONPUBLIC INFORMATION INFORMED CONSENT AUTHORIZATION FOR THE RELEASE OF NONPUBLIC INFORMATION TO: City of [Brooklyn Center], [Brooklyn Park], [Crystal] RE: __________________ (“Participant”) THIS AUTHORIZES the City of [Brooklyn Center], [Brooklyn Park], [Crystal], its authorized agents or representatives, (collectively, the “City”) to release summary police reports of any criminal incident involving the Participant to the YMCA of the Twin Cities (“YMCA”). These summary reports will not include the names of non-Participants. PURPOSE: The foregoing information will be released to a YMCA contact assisting the Participant to understand why and what involvement the Participant has had in the criminal incident(s). This YMCA contact is working cooperatively with the City to provide runaway intervention and prevention services, programs, and curriculum to the Participant. VOLUNTARY RELEASE: I understand that I am not legally required by the City to release the information described herein. My consent authorizing the release of information is completely voluntary, and I understand that the only known consequence for refusing to release the information is that the City will not refer the Participant to the YMCA for participation in its runaway intervention and prevention services, programs, and curriculum. REVOCATION: I understand that I may revoke this authorization in writing at any time, except to the extent that the City has already made disclosures in reliance on my consent. DURATION OF CONSENT: My consent to release the information described herein will expire ________ from the date of this authorization. A photocopy or facsimile of this signed authorization is as valid as an original. Date: _________ ______________________ ______________________ Participant’s Signature Printed Name Date: _________ ______________________ ______________________ Parent/Guardian Signature Parent/Guardian’s Printed Name EXHIBIT C PAYMENT TERMS BETWEEN BROOKLYN PARK AND YMCA On or before the last business day of March, June, September, and December 2021, the YMCA will submit a request for reimbursement by U.S. Mail to Brooklyn Park at the address listed in paragraph 13 of this Runaway Intervention and Prevention Program Agreement (“Agreement”). Said request will detail the YMCA’s Runaway Program services performed pursuant to this Agreement during the preceding quarter. Upon receipt of said request, Brooklyn Park will provide prompt payment to the YMCA. Brooklyn Park reserves the right to withhold any portion or all of any reimbursement requested by the YMCA if Brooklyn Park, in its sole discretion, determines that the YMCA has failed to comply with any term of this Agreement. Brooklyn Park will reimburse the YMCA up to $180,000 during the term of this Agreement for the YMCA’s Runaway Program services provided pursuant to this Agreement. 1 County Contract No. A2010314 COOPERATIVE AGREEMENT FOR A JUVENILE PROBATION CLIENT DELINQUENCY PREVENTION INITIATE This Cooperative Agreement, effective upon execution, is made by and between Hennepin County (hereinafter the “County”), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, (hereinafter “DOCCR”), the City of Brooklyn Center (hereinafter “Brooklyn Center”), the City of Brooklyn Park (hereinafter “Brooklyn Park”), and the City of Crystal (hereinafter “Crystal”), all of which are political subdivisions and local government units of the State of Minnesota and which herein may be referred to individually as a “Party” or collectively as “the Parties.” 1. WHEREAS, the Parties share an interest in juvenile delinquency prevention; and 2. WHEREAS, the Parties currently each individually expend funds and devote resources to juvenile delinquency prevention pursuant to each Party’s statutory powers; and 3. WHEREAS, the Parties desire to advance the public interest by enhancing their juvenile delinquency prevention efforts and reduce the Hennepin Juvenile Justice system’s disproportionate minority contact through sharing powers and resources, working jointly and/or cooperatively to the extent set forth herein; and 4. WHEREAS, Minnesota Statutes section 471.59 provides authority for the Parties, through an agreement executed by their governing boards, to exercise certain powers jointly and/or cooperatively; and 5. WHEREAS, the Parties wish to establish through this Agreement the Juvenile Probation Client Delinquency Prevention Initiative (hereinafter referred to as the “Initiative”); and 6. WHEREAS, the Parties acknowledge that the Initiative is a pilot program, limited to the term and funding amount identified in this Agreement; and 7. WHEREAS, the Parties wish to memorialize in this Agreement their agreement to exercise certain powers jointly and/or cooperatively for the purpose of funding and implementing the Initiative as a pilot program; and 8. WHEREAS, the powers to be exercised herein are deemed to be for the benefit and welfare of those residing and doing business in the respective jurisdictions of the Parties; THEREFORE, in consideration of the terms contained herein, the Parties agree as follows: unofficial copy 2 County Contract No. A2010314 ARTICLE I Joint or Cooperative Exercise of Powers Section 1. Purpose. The Parties agree to exercise powers jointly and/or cooperatively, as they from time to time deem advisable, to the fullest extent authorized by law, in furtherance of the Initiative, as provided further herein. The goals, deliverables and milestones of the Initiative are set forth herein. Section 2. Powers and Functions to Be Cooperatively Exercised. The Parties agree that each Party will be responsible for supporting, funding, administering and otherwise carrying out the Initiative as follows: (a) Funding. DOCCR shall provide funding to Brooklyn Park in the not-to-exceed amount of $180,000.00 during the term of this Agreement for services to be provided by a qualified third-party organization (hereinafter “Contracted Services”), as further described below. (b) Contracted Services. Brooklyn Park shall select and contract with a provider of its choice (herein after “Contract Provider”) to deliver Contracted Services for a youth intervention program that further the goals of the Initiative. Services shall include referral, intake and assessment of identified, at-risk youth; family education, mediation and therapy; and group diversion services to be provided at a location central to the three municipalities that are parties to this Agreement. Program components include: • Identify and address the root causes behind youth running away to strengthen families and avoid reoccurrences, while using existing and new leverages to educate youth and parents on risks and resources to prevent future runaway incidents • Convene and coordinate stakeholders including local police and city officials, government, school and community-based organizations to streamline best practice responses, services and work to address the multiple factors that lead to disparities, which often are not addressed or acknowledged as root causes • Implement an evidence-based and nationally accredited runaway prevention curriculum (long term) that will provide a diversion option which seeks to increase youth’s resiliency, protective factors, and safety while reducing risks for repeat incidents of running away (c) Additional Responsibilities of the Parties Cities of Brooklyn Park, Crystal, and Brooklyn Center unofficial copy 3 County Contract No. A2010314 • Track identified disaggregated data from police perspective and provide information as needed • Provide oversight of services and outcomes from the contracted service • Designate one or more representatives to serve on the initiative steering group • Designate patrol officers or other department representatives to participate in programming and engage with youth and Contract Provider staff at the service delivery location, as availability allows DOCCR • Funding as provided above • Assist with developing outcome measures and processes • Designate one or more representatives to serve on the initiative steering group • Act as liaison to other parts of Juvenile Justice system in Hennepin County (d) Flow/Process for the Program • Qualified youth will be identified through the records systems of each participating police agency based on present criteria (the criteria is not yet agreed upon by the agencies) • Those identified youth will be referred to a single point of contact for the Contract Provider • The Contract Provider will conduct a youth and family assessment • The Contract Provider will invite the youth to participate in a core curriculum consisting of 3 to 5 two-hour sessions • Upon program completion, the Contract Provider will connect the family to any necessary ongoing resources and notify the policy agency of the completion (e) Payment. Brooklyn Park will invoice DOCCR on a quarterly basis. Payment will be made within 35 days. (f) Anticipated Goals and Outcomes • Increased youth resiliency, protective factors, and strengthen family resources • Increased connections to caring adults and community resources • Decreased incidents of youth crime • Decreased experiences of sexual exploitation and trafficking by youth • Decreased reports of homelessness unofficial copy 4 County Contract No. A2010314 • Increased capacity to respond to the needs of targeted population • Strengthen community and police relations • Decreased overrepresentation of youth of color in areas of police contact related to charges of runaway, sexual exploitation, and trafficking (g) Program Evaluation Evaluation criteria and goals will be identified during the planning process, along with a stakeholder agreement of the evaluation process. Evaluation will take into consideration the following data and information: • Number of youth referred to program • Number of youth/families who accept services and why services were accepted • Number of youth who decline services and why services were declined • *Number of youth who successfully complete group component of program or who do not successfully complete the program and reason(s) why • Number of youth who do or do not run away again • Number of youth or family referred to additional resources or services (with referrals to be tracked) • Number of services offered to youth/families • Data points disaggregated to look at race, gender, ethnicity and geographical location Section 3. Initiative Coordination Steering Group. Except for matters that by law must be addressed by the respective governing boards of the Parties, the Initiative shall be cooperatively steered by an Initiative Coordination Steering Group (hereinafter referred to as the “Steering Group”). Each Party shall designate one or more representatives to serve on the Steering Group. The Group will meet from time to time as necessary to discuss and resolve issues necessary to the success of the Initiative. ARTICLE II Other Provisions Section 1. Term. This Agreement shall commence January 1, 2021 and terminate December 31, 2022. Section 2. Amendment. This Agreement may be amended by resolution of the governing body of each of the Parties. Section 3. Acquisition of Property. Pursuant to Minn. Stat. 471.59,where property has unofficial copy 5 County Contract No. A2010314 been acquired pursuant to this Agreement, the Parties, as part of the acquisition, shall provide for an equitable distribution of the property acquired and the return of any surplus moneys in proportion to the contributions of the Parties after the purpose of the Agreement has been completed. Section 4. Liability. Each Party shall be responsible for its own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of any other Party and the results thereof. The liability of the parties is governed by the provisions of Minnesota Statutes Chapter 466. Under no circumstances shall a Party be required to pay on behalf of itself and other parties any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The statutory limits of liability for some or all of the Parties may not be added together or stacked to increase the maximum amount of liability for any Party. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK unofficial copy 6 County Contract No. A2010314 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} Board Resolution No: {{*BoardResolution_es_:signer4:brs}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer6:signature}} {{userstamp6_es_:signer6:stamp}} ATTEST: {{Sig_es_:signer7:signature}} {{userstamp7_es_:signer7:stamp}} By: {{Sig_es_:signer5:signature}} {{userstamp5_es_:signer5:stamp}} unofficial copy 7 County Contract No. A2010314 CITY OF BROOKLYN PARK By: Title:________________________________ Date:_______________________________ CITY OF BROOKLYN CENTER By: Title:________________________________ Date:________________________________ CITY OF CRYSTAL By: Title:________________________________ Date:_______________________________ unofficial copy C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:Kelli W ick, H R D irector S U B J E C T:Res olu*on S e+ng S alaries for Calendar Year 2021 B ackground: Sec*on 2.07 of the C ity C harter requires that the C ity C ouncil shall fix the salary of all employees of the C ity. Generally speaking, the C ity employs three different sets of employees, union, non-union and city manager. U nion employees encompass the vast majority of public works and police department employees. Salaries and wages for these employees are established through the collec*ve bargaining process. C ontracts are se<led with all union groups for 2021 with the excep*on of L E L S L ocal 82 that covers police officers. T he ac*on before you relates to the wages and salaries of the ninety-seven (97) non-union full-*me employees out of a total of 171 full *me employees working for the C ity. T hese at-will employees have no contract and rely upon the ac*ons of the C ity C ouncil through policy to assure reasonable working condi*ons, salaries and wages that are compe**ve in the market place. T he pro posed budget provides fo r a 2.75 percent general wage increase. I t also pro vides f o r scheduled performance based step increases for emplo yees belo w the range maximum. Staff recommends appro val o f the pay plan with a 2.75% general wage increase for 2021. B udget I ssues: T he proposed budget will support a 2.75% pay plan adjustment and scheduled performance step increases provided by the resolu*on. S trategic Priories and Values: O pera*onal Excellence AT TA C H M E N TS : D escrip*on U pload D ate Type 2021 Pay P lan 12/3/2020 Backup M aterial Res olu*on S e+ng S alaries for 2021 12/3/2020 Backup M aterial City of Brooklyn Center 2021 Pay Plan FULL-TIME EMPLOYEES Effective January 1, 2021 Positions Exempt from Position Authorized Organized Overtime CITY MANAGER'S OFFICE City Manager 1 Contract Yes-Exec Deputy City Manager 1 No Yes-Exec City Clerk 1 No Yes-Adm Deputy City Clerk 1 No No Customer Service Representative 1 No No Human Resources Director 1 No Yes-Adm Human Resources/Benefits Specialist 2 No No Human Resources/Payroll Specialist 1 No No IT Director 1 No Yes-Adm IT Specialist 1 No No IT Technician 1 No No Communications & Community Eng. Mgr 1 No Yes-Adm Community Engagement Specialist 1 No No COMMUNITY DEVELOPMENT Community Development Director 1 No Yes-Exec City Planner 1 No Yes-Adm Associate Planner/Zoning Administrator 1 No No Economic Development Coordinator 1 No Yes-Adm Building and Community Standards Division Deputy Director of Building & Community Standards 1 No Yes-Adm Housing/Community Standards Supervisor 1 No Yes-Adm Building Official 1 No Yes-Adm Building Inspector 3 No No Housing/Code Enforcement Inspector 4 No No Community Development Administrative Assistant 2 No No FISCAL AND SUPPORT SERVICES Director of Finance 1 No Yes-Exec Assistant Director of Finance 1 No Yes-Adm Accountant 1 No Yes-Adm Utilities Technician II 1 No No Accounting Technician II 1 No No Liquor Stores Division Liquor Operations Manager 1 No Yes-Exec Liquor Store Manager 1 No Yes-Adm Liquor Store Assistant Manager 2 No Yes-Adm Liquor Store Category Lead 1 No No Liquor Store Office Assistant 1 No No 2021 City of Brooklyn Center Regular Full-Time Positions Positions Exempt from Position Authorized Organized Overtime FIRE DEPARTMENT Fire Chief 1 No Yes-Exec Deputy Fire Chief 1 No Yes-Exec Fire Inspector/Educator 1 No No Fire Administrative Coordinator 1 No No POLICE DEPARTMENT Chief of Police 1 No Yes-Exec Police Commander 3 L #86 Yes-Adm Police Sergeant 7 L #86 No Police Officer 33 L #82 No Police Detective 5 L #82 No Support Services Manager 1 No Yes-Adm Crime Analyst 1 No No Crime Prevention Specialist 1 No No Police Administrative Assistant 1 No No Police Records Specialist 1 No No Police Records Technician 7 No No Property Technician 1 No No PUBLIC WORKS DEPARTMENT Director of Public Works 1 No Yes-Exec City Engineer 1 No Yes-Adm Principle Engineer 1 No Yes-Adm Assistant City Engineer 1 No Yes-Adm Engineering Technician IV 1 No No Engineering Technician III 3 No No Public Works Administrative Assistant 1 No No Streets and Parks Division Deputy Director of Public Works 1 No Yes-Exec Supervisor of Streets and Parks Maintenance 1 No Yes-Adm Crew Leader 3 L #49 No Maintenance II 11 L #49 No Central Garage Division Mechanic 2 L #49 No Crew Leader 1 L #49 No Night Service Person 1 L #49 No Central Garage Administrative Technician 1 No No Public Works Administrative Technician 1 No No Public Utilities Division Supervisor of Public Utilities 1 No Yes-Adm Water Treatment Plant Lead Operator 1 L #49 No Crew Leader 1 L #49 No Maintenance II 6 L #49 No Positions Exempt from Position Authorized Organized Overtime COMMUNITY ACTIVITIES, RECREATION & SERVICES Director of Community Activities, Rec. & Serv.1 No Yes-Exec Recreation Program Supervisor 4 No Yes-Adm Recreation Coordinator 2 No No Golf Course Superintendent 1 No Yes-Adm CARS Administrative Assistant 1 No No Recreation Clerk 1 No No Earle Brown Heritage Center Division EBHC General Manager 1 No Yes-Exec EBHC Operations Director 1 No Yes-Exec EBHC Crew Chief 2 No No EBHC Sales Director 1 No Yes-Exec EBHC Sales Manager 4 No Yes-Adm EBHC Catering Sales Manager 2 No Yes-Adm EBHC Maintenance Custodian 3 No No EBHC Secretary/Billing Clerk 1 No No EBHC Secretary/Receptionist 1 No No Government Buildings Division Maintenance Lead 1 No No Maintenance Custodian 1 No No Maintenance Technician 1 No No TOTAL REGULAR FULL-TIME POSITIONS AUTHORIZED: 176 176 2021 City Manager and Department Head Pay Plan Exempt from overtime (not eligible for overtime) 1/1/21 Position title Minimum Maximum City Manager: Salary pursuant to employment contract Director of Finance Annual 115,528$ 141,652$ Chief of Police Director of Public Works Community Development Director Director of Comm. Activities, Rec. & ServicesFire Chief Deputy City Manager The City Manager is authorized to set salaries within the established ranges. This schedule reflects a 2.75% increase January 1, 2021 2021 Non-Organized Full-time Employee Pay Plan - Exempt 1/1/21 Exempt from overtime (not eligible for overtime) Pay Step Step Step Step Step Step Step Grade Title A B C D E F G C30 Supervisor Public Utilities Supervisor Streets/Parks Deputy Fire Chief Annual 86,959$ 91,307$ 95,872$ 98,269$ 100,726$ 103,244$ 105,825$ Hourly 41.807$ 43.898$ 46.092$ 47.245$ 48.426$ 49.637$ 50.877$ C28 Assistant City Engineer Annual 82,769$ 86,907$ 91,253$ 93,534$ 95,872$ 98,269$ 100,726$ Hourly 39.793$ 41.782$ 43.871$ 44.968$ 46.092$ 47.245$ 48.426$ C27 Assistant Finance Director Building Official Housing & Comm Stds. Supv. Annual 80,750$ 84,788$ 89,027$ 91,253$ 93,534$ 95,872$ 98,269$ Hourly 38.822$ 40.763$ 42.801$ 43.871$ 44.968$ 46.092$ 47.245$ C25 City Planner/Zoning Adm Economic Dev. Coordinator Communication Coordinator Annual 76,859$ 80,702$ 84,737$ 86,856$ 89,027$ 91,253$ 93,534$ Hourly 36.951$ 38.799$ 40.739$ 41.757$ 42.801$ 43.871$ 44.968$ C22 Accountant Annual 71,371$ 74,940$ 78,687$ 80,654$ 82,670$ 84,737$ 86,856$ Hourly 34.313$ 36.029$ 37.830$ 38.776$ 39.745$ 40.739$ 41.757$ C20 Rec. Program Supervisor EBHC Operations Director EBHC Sales Director Golf Course Supt. Annual 67,932$ 71,329$ 74,895$ 76,768$ 78,687$ 80,654$ 82,670$ Hourly 32.660$ 34.293$ 36.007$ 36.908$ 37.830$ 38.776$ 39.745$ C18 Liquor Store Manager Annual 64,659$ 67,892$ 71,286$ 73,069$ 74,895$ 76,768$ 78,687$ Hourly 31.086$ 32.640$ 34.272$ 35.129$ 36.007$ 36.908$ 37.830$ C12 EBHC Sales Manager Annual 55,755$ 58,543$ 61,470$ 63,007$ 64,582$ 66,197$ 67,851$ Hourly 26.805$ 28.146$ 29.553$ 30.292$ 31.049$ 31.825$ 32.621$ C8 Assistant Liquor Manager Annual 50,511$ 53,037$ 55,689$ 57,081$ 58,508$ 59,971$ 61,470$ Hourly 24.284$ 25.499$ 26.773$ 27.443$ 28.129$ 28.832$ 29.553$ This schedule provides a salary range for non-organized employees in exempt positions. The schedule reflects all current salary ranges for this group and provides for a 2.75% increase January 1, 2021. This employee group is exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. Merit Steps: Merit steps up to ten percent above the maximum rate shall only be awarded with the express approval of the City Council as recommended by the City Manager. updated 12/2/2020 2021 Supervisory Full-time Pay Plan - Exempt 1/1/21 Exempt from overtime (not eligible for overtime) Pay Step Step Step Step Step Step Step Grade Title A B C D E F G S35 IT Manager Annual 98,611$ 103,542$ 108,719$ 111,437$ 114,223$ 117,078$ 120,005$ Hourly 47.409$ 49.780$ 52.269$ 53.575$ 54.915$ 56.288$ 57.695$ S34 Human Resources Director Annual 96,206$ 101,016$ 106,067$ 108,719$ 111,437$ 114,223$ 117,078$ Hourly 46.253$ 48.566$ 50.994$ 52.269$ 53.575$ 54.915$ 56.288$ S33 Dep. Dir. Of Public Works City Engineer Annual 93,860$ 98,553$ 103,480$ 106,067$ 108,719$ 111,437$ 114,223$ Hourly 45.125$ 47.381$ 49.750$ 50.994$ 52.269$ 53.575$ 54.915$ S32 EBHC General Manager Annual 91,570$ 96,149$ 100,956$ 103,480$ 106,067$ 108,719$ 111,437$ Hourly 44.024$ 46.225$ 48.537$ 49.750$ 50.994$ 52.269$ 53.575$ S30 Liquor Operations Manager Annual 87,158$ 91,516$ 96,092$ 98,494$ 100,956$ 103,480$ 106,067$ Hourly 41.903$ 43.998$ 46.198$ 47.353$ 48.537$ 49.750$ 50.994$ S29 Deputy Director of Comm. Development Annual 85,032$ 89,284$ 93,748$ 96,092$ 98,494$ 100,956$ 103,480$ Hourly 40.881$ 42.925$ 45.071$ 46.198$ 47.353$ 48.537$ 49.750$ S24 City Clerk Annual 75,156$ 78,914$ 82,860$ 84,931$ 87,054$ 89,231$ 91,461$ Hourly 36.133$ 37.939$ 39.836$ 40.832$ 41.853$ 42.899$ 43.972$ S22 Support Services Manager Annual 71,535$ 75,111$ 78,867$ 80,839$ 82,860$ 84,931$ 87,054$ Hourly 34.392$ 36.111$ 37.917$ 38.865$ 39.836$ 40.832$ 41.853$ This schedule provides salary ranges for supervisory employees. The schedule reflects all current salary ranges for this group and provides for a 2.75% increase January 1, 2021. This group of employees is exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. City Manager's Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum rate when qualifications exceed those required for the starting rate. 2021 Non-organized Full-time Employee Pay Plan - Non-exempt 1/1/21 Non-exempt (eligible for overtime) Pay Step Step Step Step Step Step Step Grade Title A B C D E F G D40 Principal Engineer Hourly 36.956$ 38.804$ 40.744$ 41.763$ 42.807$ 43.877$ 44.974$ D37 Engineering Tech IV Hourly 35.852$ 37.645$ 39.527$ 40.515$ 41.528$ 42.566$ 43.630$ D35 Building Inspector Hourly 34.124$ 35.831$ 37.622$ 38.563$ 39.527$ 40.515$ 41.528$ D33 IT Specialist Hourly 32.480$ 34.104$ 35.809$ 36.705$ 37.622$ 38.563$ 39.527$ D32 Engineering Tech III Hourly 31.688$ 33.272$ 34.936$ 35.809$ 36.705$ 37.622$ 38.563$ D31 Crime Analyst Hourly 30.915$ 32.461$ 34.084$ 34.936$ 35.809$ 36.705$ 37.622$ D30 Housing & Code Enf. Insp Hourly 30.161$ 31.669$ 33.253$ 34.084$ 34.936$ 35.809$ 36.705$ D29 Maintenance Lead IT Technician Hourly 29.425$ 30.897$ 32.442$ 33.253$ 34.084$ 34.936$ 35.809$ D26 Fire Inspector HR/Benefits Specialist Payroll/HR Technician Hourly 27.324$ 28.691$ 30.125$ 30.878$ 31.650$ 32.442$ 33.253$ D24 Crime Prevention Specialist Hourly 26.008$ 27.308$ 28.674$ 29.390$ 30.125$ 30.878$ 31.650$ D21 Fire Adm. Coordinator Hourly 24.151$ 25.358$ 26.626$ 27.292$ 27.974$ 28.674$ 29.390$ D20 Deputy City Clerk Police Adm. Assistant PW Adm. Assist - Eng. PW Adm. Assist -Central Gar CARS Adm. Assistant Comm. Dev. Adm. Assistant Accounting Technician II Utilities Technician II Police Records Specialist Community Eng. Specialist Hourly 23.562$ 24.740$ 25.977$ 26.626$ 27.292$ 27.974$ 28.674$ D17 Public Works Adm. Tech EBHC Sec./Billing Clerk EBHC Maint. Custodian Police Records Technician Property Technician Maintenance Technician Hourly 21.879$ 22.973$ 24.122$ 24.725$ 25.343$ 25.977$ 26.626$ D13 EBHC Sec./Receptionist Cust. Service Representative Liquor Store Office Assistant CARS Cust. Service Rep. Maintenance Custodian Hourly 19.822$ 20.813$ 21.853$ 22.400$ 22.960$ 23.534$ 24.122$ D8 EBHC Crew Chief Liquor Store Category Lead Hourly 17.519$ 18.395$ 19.315$ 19.798$ 20.293$ 20.800$ 21.320$ This schedule provides a salary range for non-organized employees in non-exempt positions. The schedule reflects all current salary ranges for this group and provides for a 2.75% increase January 1, 2021. This employee group is not exempt from overtime under FLSA. Normal progression: Minimum is the starting rate. After successful completion of six months of a probationary period, individuals move to the next step. After eighteen months of successful performance of job duties, individuals move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager based upon recommendation of the Department Head. 12/2/20 2021 IUOE Local 49 Employee Pay Plan 1/1/21 Non-exempt (eligible for overtime) 1-Jan Position title 2021 Maintenance III Hourly 32.55 Maintenance II Hourly 31.03 Step 3 Hourly 29.04 d Step 2 Hourly 27.08 c Step 1 Hourly 25.12 c Start Hourly 23.13 a Mechanic Hourly 32.55 Night Service Person Hourly 31.03 This schedule provides a salary range consistent with the labor agreement. Crew Leader: An employee assigned, in writing by the Department Head or Public Works Superintendent, to assist a supervisor as a crew leader will be paid an additional $1.50 per hour above the base wage of their regular position. The current agreement extends through December 31, 2021 2020 LELS 82 Employee Pay Plan Currently in Negotiations 1/1/20 Non-exempt (eligible for overtime) 1-Jan Position title 2020 Police Officer Starting 27.82 After 12 months 32.32 After 24 months 35.18 After 36 months 40.91 This schedule provides a salary range consistent with the labor agreement. The current agreement extends through December 31, 2020 2021 Police Commander & Sergeant ( LELS Local 86) Pay Plan 1/1/21 Exempt from Overtime Position Title Min Max Commander Annual 119,376$ 124,572$ 3%Monthly 9,948$ 10,381$ 1/1/21 Non-exempt from Overtime Position Title Max Sergeant Start 47.06$ after 12 months Step 1 51.02$ 3%After 36 months 52.29$ This schedule provides a salary range consistent with the labor agreement. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SETTING SALARIES FOR CALENDAR YEAR 2021 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center requires that the City Council shall fix the salary of all officers and employees of the City; and WHEREAS, the 1984 Pay Equity Act as adopted and amended by the Legislature requires every political subdivision of the State of Minnesota to establish “equitable compensation relationships” between its employees; and WHEREAS, the City Council has reviewed the 2021 Full-time Employee Pay Plan; and WHEREAS, an individual employee’s movement through their respective pay schedule reflects a progression in corresponding levels or improved job performance; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center that it hereby sets wages, salaries for the calendar year 2021 by adoption of the attached Pay Plan and allows the City Manager to set appropriate increases to the part-time schedule consistent with other employee groups, which the City Manager shall be authorized to pay. BE IT FURTHER RESOLVED that the City Manager may reclassify, adjust, add and/or delete position(s) to pay grades in the Pay Plan(s) but is limited to authorizing increases due to Pay Equity Act compliance and by the Annual Budget constraints adopted by the City Council; and BE IT FURTHER RESOLVED that the 2021 Full-time Pay Plan is approved and adopted because it is in general an equitable pay plan for City Employees; however, parts of the Pay Plan are approved and adopted solely for the purpose of compliance with the mandates of Minnesota Statutes, Section 471.999; that adoption of the Pay Plan shall create no vested rights, terms or conditions of employment or entitlement to any given level of compensation for any employee or group of employees; that the Pay Plan shall be subject to continuing review and reconsideration and may be amended from time to time by the City Council; and BE IT FURTHER RESOLVED that the City Manager be authorized to employ full and part-time and/or temporary employees as may be necessary, and to establish competitive rates of pay for such help consistent with the 2021 budget appropriations and to make interim appointments to fill vacant positions whenever a position is vacant because a regular employee is on leave of absence, vacation leave, sick leave, or is absent for any other reason, and to establish rates of pay for such appointments consistent with the 2021 budget appropriations; and RESOLUTION NO. _______________ BE IT FURTHER RESOLVED that authorized wage adjustments, not to exceed the maximums contained herein, shall become effective January 1, 2021. 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. pay plan resolution 2020 C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:M eg Beekman, C ommunity D evelopment D irector S U B J E C T:Res olu+on Rela+ng to the I ssuance of C onduit Revenue Bonds to F inance the Costs of a M ul+family H ousing D evelopment (The C res t A partments P roject) B ackground: A eon is the ow ner and operator of the Crest apartments , which purchased the property in 2012 and completed renova+ons in 2014. The Crest is a 122-unit affordable mul+family apartment building in Brooklyn Center. A eon is now propos ing to leverage conduit revenue bonds to allow for addi+onal renova+ons to the exis+ng Crest apartment building and cons truct an addi+onal 47 units on adjacent underu+liz ed land. Conduit revenue bonds give the borr ow er acces s to tax exempt financing s o the borrow er r ealiz es lower interest costs and the City achieves a public purpose, in this cas e the preserv a+on and r ehabilita+on of exis+ng affordable hous ing units. I f approved, no money actually goes through the C ity of B rook lyn C enter and no money or as s ets of Brooklyn Center w ould ever be pledged or leveraged to pay the Bonds . The Bonds w ill not cons +tute any general or moral obliga+ons of the C ity of Brooklyn C enter and w ill not affect the city's debt limita+on. A detailed explana+on of the reques t for C onduit Revenue B onds and the proces s has been prepar ed by the E DA 's bond couns el and is a?ached for your review. T he ac+o n this evening is to provide preliminary approval of Aeo n's applica+on for C o nduit Revenue B onds. I f approved by the state, the C ity will be asked to take final ac+on and hold a public hearing before Aeon can receive the alloca+on of bo nding autho rity. I n addi+o n, the pro ject will need to be submi?ed f o r a full and complete review before the Planning C ommission and C ity C ouncil in order to receive land use approvals. An overview of their pro ject will be presented at the work sessio n this evening as part of a concept review for the C ouncil's considera+on and feedback. S trategic Priories and Values: Resident Economic S tability AT TA C H M E N TS : D escrip+on U pload D ate Type November 19, 2020 Memo from J enny Boulton, Kennedy & G raven 12/7/2020 Backup M aterial Res olu+on 12/8/2020 Resolu+on Le?er BR291-409-688009.v1 Kennedy Offices in Minneapolis Saint Paul St. Cloud 150 South 5th Street, Suite 700 Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax www.kennedy-graven.com Affirmative Action Equal Opportunity Employer Graven C H A R T E R E D TO: City of Brooklyn Center, Minnesota FROM: Jenny Boulton, Kennedy & Graven, Chartered DATE: November 19, 2020 RE: Conduit Revenue Bonds for The Crest Apartments Project Aeon (or another entity formed by Aeon, the “Borrower”) has requested that the City of Brooklyn Center, Minnesota (“Brooklyn Center”) issue up to $17,000,000 of tax-exempt, conduit Housing Revenue Bonds in one or more series in 2021 (the “Bonds”) to finance the acquisition and rehabilitation of The Crest Apartments, an existing 122-unit rental housing facility located at 6221 Shingle Creek Parkway in Brooklyn Center and the construction of an approximately 47-unit building on the same property (collectively, the “Project Facilities”). Conduit revenue bonds give the borrower access to tax exempt financing so the borrower realizes lower interest costs and the City achieves a public purpose, in this case the preservation and rehabilitation of existing affordable housing units. If authorized by the City Council, the Bonds will be issued as conduit revenue bonds secured solely by the revenues derived from a loan agreement (the “Loan Agreement”) to be executed by Brooklyn Center and the Borrower and from other security provided by the Borrower. The lender or bondholders provide the funds for the loan, either directly or through a trustee, and Brooklyn Center assigns its rights and obligations under the Loan Agreement to the lender or the trustee. No money actually flows through Brooklyn Center. No money or assets of Brooklyn Center would ever be pledged or available to pay the Bonds. The Bonds will not constitute general or moral obligations of Brooklyn Center and will not be secured by or payable from any property or assets of Brooklyn Center and will not be secured by any taxing power of Brooklyn Center. The Bonds will not affect any debt limitation imposed on Brooklyn Center and the issuance of the Bonds will not have any adverse impact on the credit rating of Brooklyn Center, even in the event that Borrower encounters financial difficulties with respect to the Project Facilities to be financed with the proceeds of the Bonds. The Bonds are proposed to be issued as tax-exempt obligations, the interest on which is excluded from gross income for federal income tax purposes. However, because the Project Facilities will be owned by a for-profit owner, the Bonds cannot be designated as “qualified tax- exempt obligations” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the “Code”) which relates to a deduction available to banks and other financial institutions (sometimes referred to as “bank-qualified bonds”). Because this type of Bonds is not eligible for designation as bank-qualified bonds, the Bonds will not count against Brooklyn Center’s $10,000,000 limit in 2021 on its ability to designate its own bonds, if any, as bank qualified bonds and issuing the Bonds in 2021 will have no impact on Brooklyn Center’s ability to issue bank- qualified bonds in future years. & Page 2 BR291-409-688009.v1 Because of the for-profit ownership of the Project Facilities, the Bonds will need an allocation of bonding authority from the State. The amount of tax-exempt bonds for this purpose is limited by federal tax-exempt bond law and that limit has not been sufficient for the amount of projects seeking tax exempt bonds in Minnesota. However, the Project Facilities fall into the highest ranked category so there is a good chance the financing will be able to move forward in 2021. Kennedy and Graven, as bond counsel, will prepare all of the application documents. In order to proceed, Brooklyn Center would need to give preliminary approval in December. This would not initially require a public hearing, instead the hearing would be held in 2021 after the allocation of bonding authority has been received. Before issuing the Bonds, Brooklyn Center will need to hold a public hearing, adopt a resolution authorizing the issuance of the Bonds, and execute various related documents, including the Bonds and the Loan Agreement. Kennedy and Graven, as bond counsel, will provide forms of resolutions and all the necessary documents. The Borrower will be required to pay all the expenses of Brooklyn Center paid or incurred with respect to the Bonds and will be required to indemnify Brooklyn Center for any potential liability incurred by Brooklyn Center with respect to the Bonds, the Project Facilities, and granting necessary approvals. BR291-409-687489.v2 1 CITY OF BROOKLYN CENTER COUNTY OF HENNEPIN STATE OF MINNESOTA Member _______________________ introduced the following resolution and moved its adoption: RESOLUTION NO. ____________ RESOLUTION RELATING TO THE ISSUANCE OF CONDUIT REVENUE BONDS TO FINANCE THE COSTS OF A MULTIFAMILY HOUSING DEVELOPMENT UNDER MINNESOTA STATUTES, CHAPTER 462C; GRANTING PRELIMINARY APPROVAL THERETO; ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO (THE CREST APARTMENTS PROJECT) WHEREAS, the City is a home rule charter city duly organized and existing under the Constitution and laws of the State of Minnesota. WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Act”), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily housing developments located within the City. WHEREAS, as a condition to the issuance of such revenue bonds, the City must adopt a housing program providing the information required by Section 462C.03, subdivision 1a, of the Act (the “Housing Program”). Under Section 462C.04, subdivision 2, of the Act, a public hearing must be held on the Housing Program after one publication of notice in a newspaper circulating generally in the City, at least 15 days before the hearing. WHEREAS, Aeon Crest GP LLC, a Minnesota limited liability company (or another entity to be formed by Aeon, the “Borrower”), has proposed that the City, pursuant to the Act, issue its revenue bonds in an aggregate principal amount not to exceed $17,000,000, in one or more series at one time or from time to time (the “Bonds”), the proceeds of which will be loaned by the City to the Borrower to be applied by the Borrower to (i) finance the acquisition, rehabilitation and equipping of The Crest Apartments, an existing 122-unit rental housing facility located at 6221 Shingle Creek Parkway in the City and the construction and equipping of an approximately 47-unit building to be located on the same property in the City (the “Project”); (ii) fund one or more reserve funds to secure the timely payment of the Bonds; and (iii) pay certain costs of issuing the Bonds. WHEREAS, under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), prior to the issuance of the Bonds a public hearing duly noticed must be held by the City Council. WHEREAS, under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the “Allocation Act”). NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the “City”), as follows: BR291-409-687489.v2 2 Section 1. Preliminary Findings. Based on representations made by the Borrower to the City to date, the City Council of the City hereby makes the following preliminary findings, determinations, and declarations: (a) The Project consists of the acquisition, rehabilitation, construction and equipping of a multifamily rental housing development designed and intended to be used for rental occupancy. (b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be applied to: (i) the acquisition, rehabilitation, construction, and equipping of the Project; (ii) the funding of one or more reserve funds to secure the timely payment of the Bonds; and (iii) the payment of the costs of issuing the Bonds. The City will enter into a loan agreement (or other revenue agreement) with the Borrower requiring loan repayments from the Borrower in amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining and insuring the Project, including taxes thereon. (c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, rehabilitation, construction, and equipping of the Project and related costs, the City’s purpose is to further the policies of the Act. (d) The Bonds will be limited obligations of the City payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 2. Public Hearing. The City will conduct a public hearing on a date to be determined by the City Manager in order to meet publication requirements in accordance with applicable law, on the Housing Program, the Project, and the issuance of revenue Bonds by the City, notice of which hearing in substantially the form attached as Exhibit A (the “Public Notice”) will be published as required by Minnesota Statutes, Section 462C.04, subdivision 2, of the Act, and Section 147(f) of the Internal Revenue Code of 1986, as amended. City staff is hereby authorized to cause the publication of the Public Notice in accordance with applicable law. The Public Notice will provide a general, functional description of the Project, as well as the maximum aggregate face amount of the obligations to be issued for the purposes referenced above, the identity of the initial owner, operator, or manager of the Project, and the location of the Project. The Public Notice is authorized to be published in a newspaper circulating generally in the City on a date at least 15 days before the meeting of the City Council at which the public hearing will take place. At the public hearing reasonable opportunity will be provided for interested individuals to express their views, both orally and in writing, on the Project and the proposed issuance of such revenue obligations. Section 3. Housing Program. Bond counsel, as described below, shall prepare and submit to the City a draft Housing Program to authorize the issuance by the City of up to $17,000,000 in revenue Bonds to finance the acquisition, rehabilitation, construction, and equipping of the Project by the Borrower. City staff is hereby authorized to review, approve and submit the Housing Program to the Metropolitan Council for its review on or before the date of publication of the Public Notice. Section 4. Preliminary Approval. The City Council hereby provides preliminary approval to the issuance of the Bonds in the approximate aggregate principal amount of $17,000,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) review of the Housing Program by the Metropolitan Council; (ii) receipt of an allocation of the bonding authority from the State of Minnesota; (iii) a public hearing as required by the Act and Section 147(f) of the Code; (iv) final approval following the preparation of bond documents; and (v) final determination by the City Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City. BR291-409-687489.v2 3 Section 5. Submission of an Application for an Allocation of Bonding Authority. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of the Act. The City Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City, the City Manager, the City Clerk, and Kennedy & Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds, are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority to Minnesota Management & Budget. Section 6. Reimbursement of Costs under the Code. (a) The United States Department of the Treasury has promulgated regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or the Borrower for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within 18 months after the later of: (i) the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than 3 years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. (b) To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. (c) Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-2(j)(2)(i)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150- 2(f)(2) of the Regulations, or (iv) expenditures in a “de minimus” amount (as defined in Section 1.150- 2(f)(1) of the Regulations), no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Borrower more than 60 days before the date of adoption of this resolution of the City. (d) Based on representations by the Borrower, as of the date hereof, there are no funds of the Borrower reserved, allocated on a long term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof. Section 7. Costs. The Borrower will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued. BR291-409-687489.v2 4 Section 8. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result of information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public interest or is inconsistent with the purposes of the Act, the City reserves the right to decline to give final approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Bonds should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for the transaction. Section 9. Effective Date. This Resolution shall be in full force and effect from and after its passage. December 14, 2020 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. BR291-409-687489.v2 A-1 EXHIBIT A NOTICE OF PUBLIC HEARING ON A HOUSING PROGRAM AND THE ISSUANCE OF BONDS FOR A MULTIFAMILY SENIOR HOUSING PROJECT (THE CREST APARTMENTS PROJECT) NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Minnesota (the “City”) will meet on Monday, _________, 2021 at 7:00 p.m. in the City Hall at 6301 Shingle Creek Parkway in the City for the purpose of conducting a public hearing on (i) a proposal of Aeon Crest GP LLC, a Minnesota limited liability company (or another entity to be formed by Aeon, the “Borrower”), that the City finance a multifamily housing development hereinafter described, pursuant to Minnesota Statutes, Chapter 462C, by the issuance of revenue bonds, in one or more series, and (ii) the adoption of a housing program for such bonds. The proceeds of such bonds will be used to (i) finance the acquisition, rehabilitation and equipping of The Crest Apartments, an existing 122-unit rental housing facility located at 6221 Shingle Creek Parkway in the City and the construction and equipping of an approximately 47-unit building to be located on the same property in the City; (ii) pay costs of issuance and other costs related to the issuance of the bonds; and (iii) fund capitalized interest and certain reserves (collectively, the “Project”). The Project will be owned and operated by the Borrower. The maximum aggregate estimated principal amount of bonds or other obligations to be issued to finance the Project is $17,000,000. The bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City, and will be payable solely from revenues of the project, and will not be backed by the full faith and credit of the City but will be payable solely from sums paid by the Borrower pursuant to a revenue agreement. A copy of the housing program will be on file at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, Monday through Friday until the date of the Public Hearing. At the time and place fixed for the Public Hearing, the City Council will give all persons who appear or submit comments in writing to the City Council prior to the hearing, an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the City to the attention of ______________, at (763) 569-3300 at or prior to said public hearing. Publish ____________, 2021 C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran Cote, P.E., D irector of P ublic Works BY:M ike A lbers, P.E., C ity Engineer S U B J E C T:Res olu,on A uthoriz ing A cquisi,on of Eas ements for Brooklyn Boulevard C orridor P roject P hase 2 I mprovements, P roject No. 2021-05 B ackground: O n M arch 2 5 , 2019, the C ity Council dir ected staff to proceed w ith the preliminary des ign, environmental documenta,on, easement acquis i,on and final des ign w ork for the Brooklyn Boulev ard C or ridor P roject P has e 2 I mpr ovements (Bass L ake Road to I nters tate 9 4 ), P roj ect No. 2 0 2 1 -0 5 . This proj ect is s cheduled to be constructed in 2021 and 2022. The proposed r econs tr uc,on and s tr eets cape improvements will impr ove roadw ay safety, enhance traffic opera,ons , r educe access points and prov ide impr oved bicy cle and pedes trian facili,es for a one-mile s egment of the corridor in Brookly n C enter betw een Bass L ake Road (County Road 1 0 ) and I nterstate 94. The project w ill enhance bicycle and pedes trian travel by adding a tr ail, improving sidew alks , tr ans it s tops , adding streets caping and lands caping and improving the func,onality of inter s ec,ons with modified turn lanes and access control throughout the corridor. I n or der to cons truct the improv ements , permanent drainage, u,lity, s idewalk and tr ail eas ements and/or temporary construc,on eas ements are required fr om 47 s eparate parcels adj acent to the corr idor. Parcel numbers are iden,fied on the right-of-w ay plan pr epared for the project. The City 's cons ul,ng engineer, S R F C ons ul,ng G r oup, I nc., has been diligently working w ith the affected property owners to reach agreements to voluntarily convey the eas ements. A cquis i,on A greements hav e been reached for the follow ing parcels w hich require City Council approval: Parcel No. 1; 5 8 3 1 Brook lyn Boulevard (P I N 0 3 -1 1 8 -2 1 -1 3 -0 1 0 1 ): T his parcel r equir es both permanent easements and temporary cons tr uc,on easements with total compens a,on being offered in the amount of $19,300. Parcel N o. 19; 6315 B rook lyn Boulev ard (P I N 3 4 -1 1 9 -2 1 -4 2 -0 0 0 6 ): This par cel requires both permanent easements and temporary cons tr uc,on easements with total compens a,on being offered in the amount of $27,600. Parcel N o. 3 7 ; 6120 Br ookly n Boulevard (P I N 3 4 -1 1 9 -2 1 -4 3 -0 0 6 0 ): This parcel requires a temporary construc,on easements w ith total compensa,on being offered in the amount of $1,400. Parcel N o. 39; 6142 B rook lyn Boulev ard (P I N 3 4 -1 1 9 -2 1 -4 3 -0 0 3 7 ): This par cel requires both permanent easements and temporary cons tr uc,on easements with total compens a,on being offered in the amount of $29,500. Parcel N o. 4 8 ; 6500 Br ookly n Boulevard (P I N 3 4 -1 1 9 -2 1 -1 3 -0 0 8 4 ): This parcel requires a temporary construc,on easements w ith total compensa,on being offered in the amount of $2,100. To date, including the above 5 parcels, w e have acquisi,on agreements with 19 of the 47 parcels. B udget I ssues: The Br ookly n Boulevard C orr idor P roj ect P hase 2 I mprov ement (Bass L ake Road to I nterstate 94) is iden,fied in the City ’s 2021 C apital I mprovement P rogram and the total proj ect cos t is es ,mated to be $18,095,000. T he total appraised v alue for all eas ements on the proj ect are es,mated to be approximately $824,676. The total value of the permanent eas ements and temporary construc,on eas ements for Parcels 1, 19, 37, 39 and 48 is $79,900 which is being funded out of the C apital P rojects F und. To date, including the abov e 5 parcels, the total value of the permanent eas ements and temporary cons truc,on eas ements for the project is $251,176. S trategic Priories and Values: Key Transporta,on I nvestments AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 12/7/2020 Cover Memo Easement S tatus 12/7/2020 Cover Memo Parcel 1 12/7/2020 Cover Memo Parcel 19 12/7/2020 Cover Memo Parcel 37 12/7/2020 Cover Memo Parcel 39 12/7/2020 Cover Memo Parcel 48 12/7/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS, PROJECT NO. 2021-05 WHEREAS, the City of Brooklyn Center and Hennepin County have planned the improvement of Brooklyn Boulevard between Bass Lake Road (County Road 10) and Interstate 94 within the City of Brooklyn Center, Minnesota in 2021; and WHEREAS, a memorandum of agreement has been prepared between the City of Brooklyn Center and property owners for the acquisition of permanent drainage, utility, sidewalk and trail easements and/or temporary construction easements; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel No. 1; 5831 Brooklyn Boulevard (PIN 03-118- 21-13-0101) the sum of $19,300 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel No. 19; 6315 Brooklyn Boulevard (PIN 34-119- 21-42-0006) the sum of $27,600 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel No. 37; 6120 Brooklyn Boulevard (PIN 34-119- 21-43-0060) the sum of $1,400 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel No. 39; 6142 Brooklyn Boulevard (PIN 34-119- 21-43-0037) the sum of $29,500 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel No. 48; 6500 Brooklyn Boulevard (PIN 34-119- 21-13-0084) the sum of $2,100 for land and damages; and WHEREAS, said memorandum of agreements have been signed by the property owners and it is recommended for approval to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The City Manager is hereby authorized to execute the memorandum of agreement for Parcels 1, 19, 37, 39 and 48 for permanent easements and temporary construction easements that will be conveyed to the City, in the name of the City of Brooklyn Center. RESOLUTION NO. _______________ December 14, 2020 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. JOYCE LN H A LI F A X DR 66TH AVE N DR E W AV E N C H O W E N A V E N EWING AVE N G R I M E S AV E N EW I N G AV E N FR A N C E A V E N 47-3501 45-6350 26-6503 27-4020 43-6250 46-6390 16-6215 24-6415 50-6520 44-6300 48-6500 49-6510 53-3801 25-6437 18-6301 17-6245 52-6538 23-6357 22-6331 21-6325 20-6319 19-6315 51-6532 Brooklyn Boulevard Corridor Project Phase 2 Easement Status Ü 12/4/20 Legend Easem ent Completed Easem ent Pending Eminent D omain - Signed Pending Mortgage Consent Eminent D omain - Easement Negotiations On Going No Easement Required BASS LAKERD BEARD AVE N ADMIRAL LN N N O R T H P O R T D R COMMODORE DR 58 1/2 AVE N 59TH AVE N EWING AVE N D R E W AV E N EWING AVE N A D MIRAL LN N 61ST AVE N C H O W EN A V E N DREW AVE N 3-5929 14-6121 16-6215 43-6250 31-6000 45-6350 37-6120 28-5920 2-5901 15-6201 1-5831 30-5950 29-5930 36-611013-6107 10-6037 35-22 38-6136 44-6300 12-6101 42-6234 9-6031 34-6100 33-6101 32-6044 11-6045 39-6142 8-6025 17-6245 4-6001 5-6007 7-6019 6-6013 54-5836 18-6301 41-6206 40-6200 MEMORANDUM OF AGREEMENT Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project Parcel No: 1 Fee Owners: WSK Professional Bldg., L.L.C. On this 6 day of (;~ , 20___1Q_, WSK Professional Bldg., L.L.C., a Minnesota limited liability company Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the te1ms, and the only te1ms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1. The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project. 2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the prope1iy. 3. That in full compensation for the conveyance of said prope1iy, the City of Brooklyn Center shall pay the Owners the sum of$ I q 1 3 oO for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the paiiies is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the paiiies. Owner(s) City of Brooklyn Center WSK Professional Bldg., L.L.C. By:_~_/4 ffe~U--By: ___________ _ /) I / fl..{,A._ Its: _____ f/-"_ · _______ _ Its: --------------- September 30, 2020 WSK Professional Bldg., L.L.C. Attn: Bill Kotonias 5831 Brooklyn Boulevard Brooklyn Center, MN 55429 SUBJECT: OFFER TO ACQUIRE Dear Bill: BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS : 5831 BROOKLYN BOULEVARD PARCELNO .: 1 SRF No. 11765 -D0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all patties who may have · an interest in the real estate to be acquired the sum of $19,300 .00, which has been determined to be just compensation for such prope11y and rights based upon the fair market value of the prope11y. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $5,000 .00 for the actual costs of an appraisal of prope11y acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactmy evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. WSK Professional Bldg., L.L.C. -2 -Parcel 1 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance, and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. ~~w Reed Scherbel e/ Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER --I CERTIFY THAT on 5 day of O c,-fob~y-, 20 -W, this Offer to Acquire and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. WSK Professional Bldg., L.L.C. By:_-i_~_-01__a;;-_-_ Its: --------------- SRF No. 11765.D0290 VALUE CALCULATION THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY BROOKLYN BOUL EY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROV EMENTS PROJECT Parcel No.: 1 Fee Owners: WSK Professional Bldg., L.L.C. Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Drainage and Utility Easement: Temporary Construction Easement: Land Value Before Taking Land Value After Taking Drainage and Utility Easement Temporary Construction Easement Indicated Damages TOTAL (rounded) 1,486 square feet 1,732 square feet VALUATION = $449,000.00 = $429,700 .00 =$ 14,860.00 =$ 2,892 .00 = $ 1,473 .00 = $ 19,300.00 C " '2 (\] s 0 :c ~ 9 C "' ----------- ------------ 50 I DRAFT d --------- BLV D ----------------------- ~1--___ P_ID _______________ A_D_D_R_E_S_S __________ PARCEL LINE G'i 03-11-821-13-0101 5831 BROOKLYN BOULEVARD EXISTING R/W -------~ EXISTING D&U, S/T EASE [SQ .FT] TE [SO.FT] i~~;1 ~A 8 s:E ===--------=-== ci PARCEL --PROPOSED o&u --------g AREA SQ.FT CONST LIMITS ---------- 1------'~-_.,_-+----------+---------1 TREE REMOVAL X ::e :: 44900 1486 1732 TREE W/IN TEMP EA SE Q ~021-_______ ....._ ___ ....;_;_...;__---1 ________ _._ ___ --,,---....i....:..=~c..:....:..=...=.:-=--,.........:=-----i ~~-~ BROOKLYN BOULEVARD -PHASE 2 .-... ~] -.ii DATE PARCEL ~ ~ §;1--___________ S_P_1_09_-_0_20_-_0_14 ____ --.---------1 -] ... ~ ■ 1 ;:m::i: CITY OF BROOKLYN CENTER 2021-05 9/19/2020 L ._____--'-'----____ ____.___ __ ...________.~___.______. Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project County : Hennepin Property Address: 5831 Brooklyn Boulevard Parcel No: 1 ----=--- Owner(s): WSK Professional Bldg., L.L.C. Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above prope1iy prepared by DKJ Appraisal, LLC, dated July 14, 2020. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incuned by the owner up to a maximum of $1,500 for single family and two-family residential prope1iy and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal rep01i. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this ~ day of __ ()_cJ-v __ h_--1_v-____ , 2o _z._o_ Owner(s): WSK Professional Bldg., L.L.C. Its: -------------- SRF Consulting Group Inc. Contact: Reed Scherbel ~~~~~~~--------- Address: -----"3_,_7-=-0-=-1---'W'-'-=ay-'--'z=a=ta"-=B--=-o-=u=-=l e'--'-v-=ar=-=·d=, --=S'-"'u=i t-=-e--=l--=-0-=-0 __ Minneapolis, MN 55416 Phone: 763-249-6759 -~~~~~~---------- PERMANENT EASEMENT FOR DRAINAGE & UTILITY /SIDEWALK/TRAIL PURPOSES THIS INDENTURE, Made this __ S-'-----day of __ ()_d;J:__ _____ , 20 7.,11 by WSK Professional Bldg., L.L.C., a Minnesota limited liability company, GRANTOR, and Hennepin County, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto (hereinafter referred to as the "Grantee"). WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the Grantor hereby gives, grants, conveys and relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives, contractors and invitees, a permanent and perpetual Easement for the drainage and utility purposes and other municipal utilities, reconstruction, operation, maintenance, inspection, alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary sewer, water, cable, electric and other municipal utilities, trails facilities and improvements upon, over, under, across and through the following-described tract or parcel of land located in Hennepin County, Minnesota, and described as follows: Page 1 of 3 Parcel 1 See attached Exhibit A (The "Easement Area") Grantor wan-ants and covenants that Grantor is the fee simple owner of the above- described premises and has the lawful right and authority to convey and grant this Easement and will wairnnt and defend title to the above-described premises against all claims. This Easement includes the right of the Grantee, its contractors, agents, employees and invitees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, restoration, and all purposes in furtherance thereof or related thereto, including but not limited to the right to remove trees, shrubs or other vegetation and existing structures and improvements in the Easement Area, as well as the right to deposit earthen materials within the Easement Area, to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to Grantee's project or to the continued operation of Grantee's improvements within the Easement Area or Grantee's use of this Easement. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. To have and to hold the Easement and right of way unto the Grantee for the purposes herein stated. This Easement, and all covenants, terms, conditions, provisions and undertakings created by this Easement are perpetual and will run with the land and will be binding upon Grantor's heirs, successors and assigns. Page 2 of 3 Parcel 1 IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day and year first above written. WITNESS , The hand of the GRANTOR: STATE oF /J1,r;11csA ) ) ss COUNTY OF If~ ) WSK Professional Bldg ., L.L.C. Its: -------------- The foregoing instrument was acknowledged before me this ~ day of U~ , 2ouJ by V/1 J/,am /hkmas the (/ {J//) &JC of WSK Professional Bldg., L.L.C., a Minnesota limited liability company, Grantor. This Instrument Drafted By : KARL M TSUCHIYA Notary Public Minnesota My commission Expires Jan31,2025 SRF Consulting Group , Inc. as Agent for the City of Brooklyn Center, MN 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Page 3 of 3 Return to : Cindy Wiste Senior Associate SRF CONSULTING GROUP, INC . 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Parcel 1 PARCEL 1 PE EASEMENT DESCRIPTION Exhibit A (Permanent Easement) OWNER: WSK PROFESSIONAL BLDG., L.L.C . P.I.N. 03-118-21-13-0101 PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1159668 A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and through part of the following described property: That part of Lot 2, Block 1 CVS Brooklyn Boulevard Addition, embraced within the plat of GRJMME'S ADDITION . Said perpetual easement being that paii of said described prope1iy lying easterly of a line run parallel with and distant 35.00 feet westerly of line described as commencing at the northwest corner of the Southeast Qua1ier of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Qualier a distance of 181.3 7 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes 5 6 seconds East a distance of 1 729 .11 feet; thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a radius of 22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve concave to the west having a radius of 2842.62 feet and a central angle of 17 degrees 33 minutes 15 seconds; thence South 04 degrees 45 minutes 46 seconds East, tangent to said curve, a distance of 749.01 feet; thence southeasterly 446.98 feet along a tangential curve concave to the east having a radius of 2566.79 feet and a central angle of 09 degrees 58 minutes 39 seconds and said described line there terminating. TEMPORARY CONSTRUCTION EASEMENT GRANT THIS EASEMENT GRANT is made by WSK Professional Bldg., L.L.C., a Minnesota limited liability company, (hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee"). The following recitals of fact are a material part of this instrument: A. The Grantor is the owner of a tract of land described as follows (hereinafter referred to as the "Parcel"): B. The Grantor wishes to grant and convey to Grantee a temporary construction easement over, under, and across those parts of the Parcel described as follows (hereinafter referred to as the "Temporary Construction Easement"): See attached Exhibit A NOW, THEREFORE , for valuable consideration , the receipt and sufficiency of which is hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby grants to the Grantee, for its successors and assigns, the Temporary Construction Easement over, under, and across the Parcel. 2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction purposes including, but not limited to, the right to trim and cut such vegetation within the Easement Area as needed to reasonably accommodate the construction activities and the right to use the Easement Area to stage, operate, and store equipment as needed to complete the construction activities . Displacing soil and grading, are permissible over, under, and across the Temporary Construction Easement premises. 3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022, and any and all right, title, interest, lien or right of possession to the Temporary Construction Easement premises shall thereupon automatically terminate and be of no further legal effect or validity . Page 1 of3 Parcel 1 4 . RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES . As a condition of said Temporary Construction Easement grant , Grantee shall , upon completion of construction and prior to termination, restore the ground surface of the Temporary Construction Easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes , bank sloping , d itching, fills , slope construction, cuts and any removal of earth, other materials , t rees and other vegetation . 5. WARRANTIES OF TITLE . Granter warrants and guarantees that Granter has good and indefeasible fee simple title to the Parcel and Granter warrants and guarantees that Granter has the full authority to grant the Temporary Construction Easement provided here in, free and clear of all other claims . 6 . RUNNING OF BENEFITS AND BURDENS . All provisions of this instrument, including the benefits and burdens, run with the Parcel and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto . 7 . ENVIRONMENTAL MATTERS . The Grantee shall not be responsible for any costs, expenses , damages, demands , obligations, including penalties and reasonable attorney's fees , or losses resulting from any claims , actions , suits or proceedings based upon a re lease or th reat of release of any hazardous substances, pollutants, or contaminants that may have existed on , or that relate to, the Easement Area or Property prior to the date of this instrument. Page 2 of 3 Parce l 1 IN WITNESS WHEREOF, the Granter has hereunto set Grantor's hand this _f'_• ____ day of ~ ,2o_io GRANTORS WSK Professional Bldg., L.L.C . By:--------'i-~ ---"--1---dt ih-__ lts : ____ (}_/,i/_/1.{_ _______ _ STATE OF /'11nt;t5Jet._ ) j..../4,.,. , ) ss COUNTY OF /IO/JIJe.9/'1 ) The foregoing instru~:t was acknowledged before me this _f_ day of qb 6~ by {A/( //t4m krJth la, { the ___,l...,c..7i ...... u -'L'J)1,-L->~"'--"zc:-'-------- of WSK Professional Bldg ., L.L.C ., a Minnesota limited liability company, Granters. This Instrument Drafted By: KARL M TSUCHIYA Notary Publfc Minnesota My Commission Expires Jan 31, 2025 SRF Consulting Group , Inc. as Agent for the City of Brooklyn Center, MN 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Page 3 of3 Return to : Cindy Wiste Senior Associate SRF CON SULTIN G GROUP, IN C. 3701 Wayzata Boulevard , Suite 100 Minneapolis, MN 55416-3791 Parcel 1 . PARCEL 1 TE EASEMENT DESCRIPTION Exhibit A (Temporary Easement) OWNER: WSK PROFESSIONAL BLDG., L.L.C. P.I.N. 03-118-21-13-0101 PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1159668 An 8.00 foot temporary easement for construction purposes over, under, across and through the following described property: That part of Lot 2, Block 1 CVS Brooklyn Boulevard Addition, embraced within the plat of GRIMME'S ADDITION Said temporary easement lying westerly of and adjacent to a line run parallel with and distant 3 5. 00 feet westerly ofline described as commencing at the northwest comer of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quarter a distance of 181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet; thence southeasterly 598.85 feet along a tangential curve concave to the southwest having a radius of22896.14 feet and a central 01 degree 29 minutes 55 seconds; thence southeasterly 870.92 feet along a compound curve concave to the west having a radius of2842.62 feet and a central angle of 17 degrees 33 minutes 15 seconds; thence South 04 degrees 45 minutes 46 seconds East, tangent to said curve, a distance of 749.01 feet; thence southeasterly 446.98 feet along a tangential curve concave to the east having a radius of 2566.79 feet and a central angle of 09 degrees 58 minutes 39 seconds and said described line there terminating. Said temporary easement to expire November 30, 2022. Parcel No: Fee Owners: 19 MEMORANDUM OF AGREEMENT Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project Raymond He and Mayhe Huang On this ( '2... 'R. day of ;Vo v~~ , 20 J--o , Raymond He and Mayhe Huang, husband and wife, as joint tenants, Owner of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon .in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1. The Owner has been furnished with the approved estimate of just compensation for the property acquired and a summaiy statement of the basis for the estimate. The Owner understands that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project. 2. The Owner understands and acknowledges that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the prope1iy or in any benefits from the acquisition of the property. 3. That in full compensation for the conveyance of said prope1iy, the City of Brooklyn Center shall pay the Owner the sum of$ 'J,-7, ~ ~ for land and damages. Owner understands that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the paiiies is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner The City of Brooklyn Center By: ___________ _ Its: --------------- MayheHuang SRF No. 11765-D0290 ADMINISTRATIVE SETTLEMENT MEMORANDUM Date: November 17, 2020 To: Mike Albers Project Engineer From: Cindy Wiste, Senior Associate SUBJECT: BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS: 6315 Brooklyn Boulevard PARCELNO.: 19 The certified offer was made on September 30, 2020 in the amount of $25,600.00. The acquisition consists of 631 square feet of temporary construction easement, 1,427 square feet of permanent drainage and utility easement, and 621 square feet of permanent easement. The owners are asking for additional compensation due to the close proximity of the new city trail to their home. They are asking for an additional $2,000.00. In lieu of additional costs foreseeable in condemnation, we are recommending settlement in the amount of $2,000.00 Certified value: $25,600.00 Description of administrative adjustments: Additional compensation for proximity of trail: $ 2,000.00 Total Adjustments: $ 2,000.00 SETTLEMENT TOTAL: $ 27,600.00 APPROVAL: By: __________ _ Date ___________ _ Its: -------------- September 30, 2020 Raymond He 1631 Vincent A venue N Minneapolis, MN 55411 SUBJECT: OFFER TO ACQUIRE BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS: 6315 BROOKLYN BOULEVARD PARCEL No.: 19 Dear Raymond: SRF No. 11765-D0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's f01mal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all paiiies who may have an interest in the real estate to be acquired the sum of $25,600.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the prope1iy. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Jnformationfor Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of prope1iy acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfacto1y evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be anived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. Raymond He -2 -Parcel 19 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance, and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. ~ ~ Matthew Marsh Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on f-r-4 day of {!Jc.,-/-, 20 Z-u, _this Offer to Acquire and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Raymond~ SRF No. 11765.D0290 VALUE CALCULATION THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT Parcel No.: 19 Fee Owners: Raymond He Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Permanent Easement: Drainage and Utility Easement: Temporary Construction Easement: Land Value Before Taking Land Value After Taking Permanent Easement Drainage and Utility Easement Temporary Easement Indicated Damages Severance TOTAL (rounded) 621 square feet 1,427 square feet 631 square feet VALUATION = $209,000.00 = $183,400.00 =$ 528.00 = $ 12,130.00 =$ 850.00 =$ 2,220.00 = $ 9,816.00 = $ 25,600.00 i U) (0 ,.__ ~ -co :s: ...--------{8_X\fu---'--. ,_;;;__\?~____,_____.._____ _____ ---.7 )_ ____ _ 0 25 50 i...-..--I SCALE1 N FE ET DRAFT SUBJECT TO CHANGE ,-' 1. - VJ ~ ____ P_I_D ___ +-_________ A_D_D_R_E_SS _________ ---1 PARCEL LINE in 34-11-921-42-0006 6315 BROOKLYN BOULEVARD EXISTING R/W ------- ~ EXISTING PE [SQ.FT] D&U,S/T [SQ.FT] TE [SQ.FT] i:~:1~:s:E ===---------=--== 6 PARCEL -PROPOSED D&U -------- g AREA SQ.FT CONST LIMITS ----------~ ~~~~~Ll-~~~~~~======--l-~~~~~ TREE REMOVAL X ;:;;; ~ 9450 621 1427 631 TREE W/IN TEMP EASE Q ~~~t---------"B_R_O_O_K_LY-N-BO-U~L-EV_A_R_D ___ P_H-AS-E~2------"---r-----"-'--=~-"-'--'-D=A~T=E~~P~A_R_C_E_L--t ~~~ _________ S_P _10_9-0_20_-0_14 __ --,-____ l:J t~ I 19 ,;-;a3:i::: CITY OF BROOKLYN CENTER 2021-05 8/24/2020 ~------~-~-~-~~~ Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project County: Hennepin Property Address: 6315 Brooklyn Boulevard Parcel No: 19 --- Owner(s): Raymond He Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated July 14, 2020 . Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this tJ-4 day of_~{!)_v_'t_, ____ , 20 h Owner(s): ~,Mc-RaymondH SRF Consulting Group Inc. Contact: Matthew Marsh Address: 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416 Phone: 763-249-6703 TEMPORARY CONSTRUCTION EASEMENT GRANT THIS EASEMENT GRANT is made by Raymond He and Mayhe Huang, husband and wife, as joint tenants, (hereinafter referred to as the "Grantor'') in favor of and to the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee"). The following recitals of fact are a material part of this instrument: A The Grantor is the owner of a tract of land described as follows (hereinafter referred to as the "Parcel"): B. The Grantor wishes to grant and convey to Grantee a temporary construction easement over, under, and across those parts of the Parcel described as follows (hereinafter referred to as the "Temporary Construction Easement"): See attached Exhibit A NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby grants to the Grantee, for its successors and assigns, the Temporary Construction Easement over, under, and across the Parcel. 2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction purposes including, but not limited to, the right to trim and cut such vegetation within the Easement Area as needed to reasonably accommodate the construction activities and the right to use the Easement Area to stage, operate, and store equipment as needed to complete the construction activities. Displacing soil and grading, are permissible over, under, and across the Temporary Construction Easement premises. 3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022, and any and all right, title, interest, lien or right of possession to the Temporary Construction Easement premises shall thereupon automatically terminate and be of no further legal effect or validity. Page 1 of3 Parcel 19 4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES. As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion of construction and prior to termination, restore the ground surface of the Temporary Construction Easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation . 5. WARRANTIES OF TITLE. Granter warrants and guarantees that Granter has good and indefeasible fee simple title to the Parcel and Granter warrants and guarantees that Granter has the full authority to grant the Temporary Construction Easement provided herein, free and clear of all other claims. 6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument, including the benefits and burdens, run with the Parcel and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto . 7 . ENVIRONMENTAL MATTERS . The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or Property prior to the date of this instrument. Page 2 of3 Parcel 19 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this /2, 17{ day of I /V~v 12-(/iA,/p~ , 20 2--0 STATE OF COUNTY OF /Jf!ll//Y"F-sc,r,d-~ !/£t,4 v(!/2floi-) t/lc[V/Va?JJ ~ ss Mayhe Huang The foregoing instrument was acknowledged before me this le"' day of @V&f~ 20~ , DAVID J HIG Gll~S J: · NOTARY PUBLIC -MINNESOTA 'tt~J_~/ MY COMMI SS ION EXPIRES 01/31/2023 This Instrument Drafted By : SRF Consulting Group, Inc. as Agent for the City of Brooklyn Center, MN 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Page 3 of3 Return to: Cindy Wiste Senior Associate SRF CONSULTING GROUP, INC. 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Parcel 19 PARCEL 19TE EASEMENT DESCRIPTION Exhibit A (Temporary Easement) OWNER: MAPLE GROVE HOLDINGS, LLC P.I.N. 34-119-21-43-0006 PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1460237 A temporary easement for construction purposes over, under, across and through the following described prope1ty: Lot 2, Block 1, EWING LANE ADDITION Said temporary easement is described as being that part of said Lot 4 described as beginning at the intersection of the south line of said Lot 4 with a line run parallel with and distant 46.00 feet southwesterly of the following described "Line A"; thence northwesterly along said parallel line a distance of 37.10 feet; thence northerly to a point on the north line of said Lot 4 distant 127.40 feet northeasterly of the n01ihwest comer of said Lot 4; thence southwesterly along said north line a distance of 8.50 feet; thence southeasterly, parallel with said "Line A" a distance of 23.35 feet; thence southwesterly deflection to the right 90 degrees 00 minutes 00 seconds ~ distance of 8.00 feet; thence southeasterly, parallel with said "Line A" a distance of 54.00 feet to the south line of said Lot 4; thence easterly along said south line to the point of beginning. Said "Line A" is described as commencing at the northwest comer of the Southeast Quaiier of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quaiier a distance of 181.37 feet to the point of beginning of said "Line A"; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729 .11 feet and said "Line A" there te1minating. Said temporary easement to expire November 30, 2022. Parcel No. 19 PERMANENT EASEMENT On this ( 'l :tft day of 11/o V ¼ b V/'"-, 20 2--o , FOR VALUABLE CONSIDERATION, Raymond He and May he Huang, husband and wife, as joint tenants, Grantor, hereby conveys to the City of Brooklyn Center, a Minnesota municipal corporation, Grantee, easements over, under, and across real property in Hennepin County, Minnesota, described as follows: Recitals A. Grantor is the fee owner of the following described property in Hennepin County, Minnesota (the 11 Prope1iy 11 ): See Attached Exhibit A B. Grantor desires to grant to the Grantee a Permanent easement, according to the terms and conditions contained herein. Terms of Easement. 1. Grant of Easement. For good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantor, Grantor grants and conveys to the Grantee, its successors and assigns, a Permanent Easement for construction purposes over, under, across and through that part of the Prope1iy described as follows: See Attached Exhibit A (the "Permanent Easement"). 2. Scope of Easement. The Permanent Easement includes the right of the Grantee, and its officers, employees, agents, representatives, contractors, invitees, permitees, successors and assigns, to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, restoration, and all purposes in fmiherance thereof or related thereto, including the right to remove trees , shrubs, other vegetation and existing structures and improvements in the Permanent Easement, as well as the right to deposit eaiihen materials within the Pe1manent Easement, to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to Grantee's project or to Grantee's use of the Permanent Easement. 3. Warranty of Title. The Grantor warrants that it is the owner of the Property in fee simple, that it has the right, title and capacity to convey the Permanent Easement herein to the Grantee, and that any judgments or liens against persons with the same or similar names to Grantor are not against Grantor. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Permanent Easement or Property prior to the date of this instrument. 5. Restoration of Property. Grantee shall restore the Permanent Easement and Grantor's Prope1iy adjacent to the Permanent Easement which is damaged by Grantee's activities within the Permanent Easement in accordance with Grantee's plan for restoration. 6. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their personal representatives, heirs, devisees, successors and assigns. STATE OF /IAIP ft} tSOr/r- COUNTY OF {1 ~Y:efft/ ) ) SS. ) GRANTOR Mayhe Huang The foregoing instrument was acknowledged before me this / z.J7( day of Mc/ffJrt.(>~ 20 .irt_ by Raymond He and May he Huang, husband and wife, as joint tenants, Grantor. notary sta mp or sea l in th is space DAVID J HIGGINS NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 01/31 /2023 THIS INSTRUMENT DRAFTED BY: SRF Consulting Group , Inc. 3701 Wayzata Boulevard, Suite 100 Minneapolis, Minnesota 55416-3791 PARCEL 19RW EASEMENT DESCRIPTION OWNER: RAYMOND HE P.I.N. 34-119-21-42-0006 Exhibit A (Right of Way) PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1231085 A perpetual easement for roadway and utility purposes over, under, across and through part of the following described property: Lot 4, Block 2, FAIR MEADOWS Said perpetual easement being that part of said Lot 4 lying northeasterly of a line run parallel with and distant 27.00 feet southwesterly of line described as commencing at the n01ihwest corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quaiier a distance of 181.37 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729.11 feet and said described line there terminating. PERMANENT EASEMENT FOR DRAINAGE & UTILITY /SIDEWALK/TRAIL PURPOSES THIS INDENTURE, Made this J!l 14 day of ;1/411~/.,~ , 20 2--<J by I Raymond He and May he Huang, husband and wife, as joint tenants, GRANTOR, and Hennepin County, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto (hereinafter referred to as the "Grantee"). WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the Grantor hereby gives, grants, conveys and relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives, contractors and invitees, a permanent and perpetual Easement for the drainage and utility . purposes and other municipal utilities, reconstruction, operation, maintenance, inspection, alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary sewer, water, cable, electric and other municipal utilities, trails facilities and improvements upon, over, under, across and through the following-described tract or parcel of land located in Hennepin County, Minnesota, and described as follows: See attached Exhibit A (The "Easement Area") Page 1 of 3 Parcel 19 Grantor wairnnts and covenants that Grantor is the fee simple owner of the above- described premises and has the lawful right and authority to convey and grant this Easement and will wanant and defend title to the above-described premises against all claims. This Easement includes the right of the Grantee, its contractors, agents, employees and invitees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, restoration, and all purposes in furtherance thereof or related thereto, including but not limited to the right to remove trees, shrubs or other vegetation and existing structures and improvements in the Easement Area, as well as the right to deposit earthen materials within the Easement Area, to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to Grantee's project or to the continued operation of Grantee's improvements within the Easement Area or Grantee's use of this Easement. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. To have and to hold the Easement and right of way unto the Grantee for the purposes herein stated. This Easement, and all covenants, terms, conditions, provisions and unde1iakings created by this Easement are perpetual and will run with the land and will be binding upon Grantor's heirs, successors and assigns. Page 2 of 3 Parcel 19 IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day and year first above written. WITNESS, The hand of the GRANTOR: Raymond MayheHuang STATE OF fl/1 //{),ffc_Soj,4-) J. ) ss COUNTY OF r/{avNfi(7o..J ) The foregoing instrument was acknowledged before me this /C~ay of f!Cj/Kh1~ , 20~by Raymond He and Mayhe Huang, husband and wife, as joint tenants, Grantor. DAVID J HIGGINS . UBLIC . MINNE.SOT~ NOTARY p QI·' EXPIRES 01/31/2023 · MY COMMISSI ' This Instrument Drafted By: SRF Consulting Group, Inc. as Agent for the City of Brooklyn Center, MN 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Page 3 of 3 Notary u 1c County of H/'qY/v f:-rW State of fJ4_[~0/1F Mycornr:i~sionExpires: ~//3-r /~~~ Return to: Cindy Wiste Senior Associate SRF CONSULTING GROUP, INC. 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Parcel 19 PARCEL 19 PE EASEMENT DESCRIPTION OWNER: RAYMOND HE P.I.N. 34-119-21-42-0006 Exhibit A (Permanent Easement) PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1231085 A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and through part of the following described property: Lot 4, Block 2, FAIR MEADOWS Said perpetual easement is that pali of said Lot 4 described as beginning at the intersection of the south line of said Lot 4 with a line run parallel with and distant 46.00 feet southwesterly of the following described "Line A"; thence northwesterly along said parallel line a distance of 3 7.10 feet; thence n01therly to a point on the n01th line of said Lot 4 distant 127.40 feet n01theasterly of the n01thwest corner of said Lot 4; thence n01theasterly along said no1th line a distance of 10.62 feet to the intersection with a line run parallel with and distant 27.00 feet southwesterly of said "Lot A"; thence southeasterly along said parallel line to the south line of said Lot 4; thence westerly along said south line to the point of beginning. Said "Line A" is described as commencing at the nolihwest corner of the Southeast Quaiter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quaiter a distance of 181.3 7 feet to the point of beginning of said "Line A"; thence South 23 degrees 48 minutes 56 seconds East a distance of 1729 .11 feet and said "Line A" there terminating. Parcel No: Fee Owners: 37 MEMORANDUM OF AGREEMENT Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project Imam Husain Islamic Center On this -2-25~ day of ~-V , 20 2,0 , Imam Husain Islamic Center, a Non- Profit Corporation under the laws of Minnesota Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only te1ms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the paiiies that: 1. The Owners have been furnished with the approved estimate of just compensation for the prope1iy acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevai·d (Hennepin County Road 152) Phase II Improvements Project. 2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the prope1iy or in any benefits from the acquisition of the prope1iy. 3. That in full compensation for the conveyance of said prope1iy, the City of Brooklyn Center shall pay the Owners the sum of$ \ L\: 0 0 ' vO -for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the paiiies is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) City of Brooklyn Center Imam Husain Islamic Center By: ___________ _ Its: Its: ------------------------------ September 23, 2020 Imam Husain Islamic Center Attn: Mohammed Mehdi PO Box29133 Brooldyn Center, MN 55429 SUBJECT: OFFER TO ACQUIRE BROOKLYN BOULEVA.RD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS: 6120 BROOKLYN BOULEVARD PARCEL No.: 37 Dear Mohammed: SRF No. 11765-D0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's fo1mal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $1,400.00, which has been dete1mined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Valu e Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information/or Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $5,000 .00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be anived at in a timely manner, the property may be acquired in an eminent domain proceeding. ·Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. Imam Husain Islamic Center -2 -Parcel 37 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance, and we look forwai·d to working with you toward a mutually satisfacto1y completion of the acquisition process. · Sincerely, SRF CONSULTING GROUP, INC. ~~ Matthew Mmsh Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER ·2 0 -t "--I CERTIFY THAT on __ n_ day of O e-,o ~-.; R. , 20 2..0, this Offer to Acquire and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Imam Husain Islamic Center SRF No. J1765.D0290 VALUE CALCULATION THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT Parcel No.: 37 Fee Owners: Imam Husain Islamic Center Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Temporary Construction Easement: Land Value Before Taking Larid Value After Taking Temporary Easement TOT AL (rounded) 796 square feet VALUATION = $658,000.00 = $656,600.00 = $ 1,400.00 = $ 1,400.00 I t>< hl b. t-A ro 3: -0 -.c ~ C) ' ~...-:...-::--;~~ ~ ~ 0 30 60 ..-..-.. I SCALE IN FE ET DRAFT SUBJECT TO C HANGE c1---------..-------------------------..------------- ~ PIO ADDRESS PAR CEL LINE 9 1---------t--------------------------1 EX ISTIN G R/W ------- ~ 34-11-921-43-0060 6120 BROOKLYN BOULEVARD EXIST ING PE -------- : EXISTING D&U, SIT EASE [SQ .FT] TE [SQ.FT] ~~~~i;:i o&u ===--------~~= g PARCEL -CON STLIMITS ----------~ AREA SQ . FT TRE E REMOV AL X 2 ~ ,___6_5~8-0~0 _.....,_ ____ 0 _________ 79_6 ____ TR EE W/IN TEMP EA SE Q ~o]l----------'-B-R_O_O_KL_Y_N_B~O~UL_E_V_AR_D ___ P_H_A_SE_2 _ _._ ____ ~ __ _.__~-D-A_T_E-~PA_R_C_E---IL ;;~===========Cl=T=Y=O=F=B=R=O=O=KL=~=~=~=~=~=~~=~=-0=1 =4 ============2=02=1=-0=5===:.__■_-_~_t~_l__,__7_/9~/2_02_0__,_ __ 3_7_~ ~ Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project County: Hennepin Property Address: 6120 Brooklyn Boulevard, Parcel No: 37 ·---=--c~- Owner(s): Imam Husain Islamic Center Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessaiy rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DIG Appraisal, LLC, dated July 13, 2020. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. --\\_ Appraisal received this Z B -day of O CT-~ (6 -c'.,J'L , 20'\./U Owner(s): SRF Consulting Group Inc. Imam Husain Islamic Center By: Contact: Matthew Marsh -=-===-'-'----=..cc=="---------- A d dress: --"3'--'-7--"-0-"-1-'W-'-=ay'-=z=a=ta"--'B=l=--cv--=d"--, =-Su=i=te=---=--1 O"""'O::,__ __ _ Its:_~(ij-~_-e-_s_-l_D_~_,;,_1_. ___ _ Minneapolis, MN 55416 Phone: 763-249-6703 ----'-=-=---=--c_=---='-'----=-=----------- TEMPORARY CONSTRUCTION EASEMENT GRANT THIS EASEMENT GRANT is made by Imam Husain Islamic Center, a Non-Profit Corporation under the laws of Minnesota, (hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee"). The following recitals of fact are a material part of this instrument: A The Grantor is the owner of a tract of land described as follows (hereinafter referred to as the "Parcel"): B. The Grantor wishes to grant and convey to Grantee a temporary construction easement over, under, and across those parts of the Parcel described as follows (hereinafter referred to as the ''Temporary Construction Easement"): See attached Exhibit A NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby grants to the Grantee, for its successors and assigns, the Temporary Construction Easement over, under, and across the Parcel. 2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction purposes including, but not limited to, the right to trim and cut such vegetation within the Easement Area as needed to reasonably accommodate the construction activities and the right to use the Easement Area to stage, operate, and store equipment as needed to complete the construction activities. Displacing soil. and grading, are permissible over, under, and across the Temporary Construction Easement premises . 3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022, and any and all right, title, interest, lien or right of possession .to the Temporary Construction Easement premises shall thereupon automatically terminate and be of no further legal effect or validity. Page 1 of3 Parcel 37 4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES. As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion of construction and prior to termination, restore the ground surface of the Temporary Construction Easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. 5. WARRANTIES OF TITLE. Grantor warrants and guarantees that Grantor has good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that Grantor has the full authority to grant the Temporary Construction Easement provided herein, free and 'clear of all other claims. 6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument, including the benefits and burdens, run with the Parcel and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. 7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from ~my claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or Property prior to the date of this instrument. · Page 2 of3 Parcel 37 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this -~3~--day of N o \/ , 2o _li) STATE OF ('f\\ f\ <\ esa~q COUNTY OF _}-\e_t$\.e_p ,\r\ ) ) ss ) GRANTORS Imam Husain Islamic Center By rn 1;)00:M~ The foregoing instrument was acknowledged before me this l day of N c\j<:_fv'-b-~~ 20 b.U by 11) 0 $0,. ffi\Q'\ ~b 00 e.0&, the <fl~, c\,eJ\-+ This Instrument Drafted By: SRF Consulting Group, Inc. as Agent for the City of Brooklyn Center, MN 3701 Wayzata Boulevard , Suite 100 Minneapolis , MN 55416 -379 1 Page 3 of3 Notary Public Return to: Cindy Wiste Senior A ssociate SRF CON SULTIN G GROUP, IN C. 3701 Wayzata Boulevard , Suite 100 Minneapolis, MN 55416-3791 Parcel 37 PARCEL 37 TE EASEMENT DESCRIPTION Exhibit A (Temporary Easement) OWNER: IMAM HUSAIN ISLAMIC CENTER P.I.N. 34-119-21-43-0060 PROPERTY DESCRIPTION AND OWNER ACCORDING To LAND TITLE PROPERTY REPORT, No. 606822 A temporary easement for construction purposes over, under, across and through part of the following described property: Lot 1, Block 1, P.B.C. SECOND ADDITION. Said temporary easement being the West 12. 00 feet of the South 62. 00 feet of said Lot 1. Said temporaiy easement to expire November 30, 2022. MEMORANDUM OF AGREEMENT Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project Parcel No: 39 Fee Owners: Due Minh Truong and Nancy Nguyen On this l 3 day of )'V o ✓ , 20____l&_, Due Minh Truong and Nancy Nguyen, husband and wife, as joint tenants, Owners of the above described parcel of prope1iy located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1. 2. 3. 4. The Owners have been furnished with the approved estimate of just compensation for the prope1iy acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired prope1iy is for use in connection with the construction of the Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. That in full compensation for the CO!J.V~an~_,sf1said prope1iy, the City of Brooklyn Center shall pay the Owners the sum of$ al.,,~ ~ u v for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) The City of Brooklyn Center By: ___________ _ Due Minh Truong Its: --------------- Nancy Nguyen ---- Parcel No : MEMORANDUM OF AGREEMENT Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project 39 Fee Owners: Due Minh Truong and Nancy Nguyen On this f y(,J day of ,Vo tl1M, J+" , 20 'lf' , Due Minh Trnong and Nancy Nguyen, h sband and wife, as joint tenants, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the patiies that: 1. The Owners have been furnished with the approved estimate of just compensation for the prope1iy acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired prope1iy is for use in connection with the construction of the Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project. 2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the prope1iy. 3. That in full compensation for the co ve ance of said prope1iy, the City of Brooklyn Center shall pay the Owners the sum of$ f'"".? <7 for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. ;J 4. Additio';"lly: f /JJ cflY/,'( ;,n ~ f -Ir_ N/?t N<c/ 1 ~ ({ /J,'-1 f ,//f /4 c/4 °'? ,1o•I\ c,t/) /lo 5<;, J/{' #"I va r/c,: c.v,,..c(;1;...._ II is understood and agreed that the entire agreement of the patiies is contained in is Memorandum of Agreement and that this Agreement supersedes all ~ral,reewfnts an~t,~e iations between the parties. * r /fe( /1,(,,/ t,.{T~ /l;f' . Owner s) The City of Brooklyn Center By: _____________ _ Its: -------------- Nancy Nguyen Memorandum of Agreement 4. If the clinic sign must be removed, please put it back as soon as possible in working condition. If possible, with my signature below, I would like to authorize you issue the check totaling $29,500 to just Nancy Nguyen directly to her. Otherwise, if the check must be issue in both person names then please send the check to me first so I can sign it and send it to Nancy. Thanks. SRF No. 11765-D0290 ADMINISTRATIVE SETTLEMENT MEMORANDUM Date: November 23, 2020 To: Mike Albers Project Engineer From: Cindy Wiste, Senior Associate SUBJECT: BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS: 6142 Brooklyn Boulevard PARCEL No.: 39 The certified offer was made on September 30, 2020 in the amount of $28,000.00. The acquisition consists of 1,089 square feet of permanent drainage, utility, and trial easement, as well as 1,169 square feet of tempora1y construction easement. The owner stated that he anticipates impacts to his business during construction but cannot quantify the expected revenue loss. In lieu of additional costs foreseeable in condemnation, we are recommending settlement in the amount of $29,500.00 Description of administrative adjustments: Compensation for business impacts APPROVAL: By: __________ _ Its: -------------- Certified value: Total Adjustments: SETTLEMENT TOTAL: Date $28,000.00 $1,500 .00 $1,500.00 $29,500.00 ------------ September 30, 2020 Due Minh Truong 2451 Leyland Trail Woodbury, MN 55125 SUBJECT: OFFER TO ACQUIRE SRF No. 11765-D0290 Nancy Nguyen 811 South Third Street Montebello, CA 90640 BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS: 6142 BROOKLYN BOULEVARD PARCEL No.: 39 Dear Due and Nancy: As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $28,000.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of prope1iy acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be anived at in a timely manner, the prope1iy may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. Due Minh Truong and Nancy Nguyen -2 -Parcel 39 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP , INC. ~~ Matthew Marsh Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on / fl-day of jV() ~ J,r , 20 lL{' this Offer to Acquire and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner 's rights, privileges and obligations. Nancy Nguyen Due Minh Truong and Nancy Nguyen -2 -Parcel 39 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSUL TING GROUP, INC. Matthew Marsh Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on I J day of rJ o Vfh,-n k , 20 1A this Offer to Acquire and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Due Minh Truong D~----- Nancy Nguyen ~ SRF No. 11765.D0290 VALUE CALCULATION THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT Parcel No.: 39 Fee Owners: Due Minh Truong and Nancy Nguyen Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Drainage and Utility Easement: Temporary Construction Easement: Land Value Before Taking Land Value After Taking Drainage and Utility Easement Temporary Easement Indicated Damages Severance TOT AL (rounded) 1,089 square feet 1,169 square feet VALUATION = $245,000.00 = $217,000.00 = $ 7,623.00 = $ 1,298.00 = $ 7,205.00 = $ 11,870.00 = $ 28,000.00 --------=--~><____;h....;__~.;;..._;_t?v....l..-t--_Ar_;___ _____ _,,7 C "O (J) '2 I() <D ,_ -0 0 0 ~ 50 I ,---------, "' DRAFT ~ / ..__ ____ ___, SUBJECT TO CHANGE ____ f-r I I I I I I I I -------' PIO ADDRESS PARCEL LINE 1----------+------------------------1 EXISTING R/W ------- 1--.::...34.:....•..:...11.:....·..:...:92::....:1_-4,;..:3 __ -0:....:0--'-3--7 --i---------6;,..;.1_42_B_R_O_O_K_L_YN_BO.,;,..U.;,_L_E_V __ A-RD _______ EXISTING PE --_ ----- EXISTING O&U , SIT EASE [SQ.FT] TE [SQ.FT] TEMP EASE ----- PARCEL --PROPOSED D&U -------- AREA SQ.FT CONST LIMITS ---------- J--__ __.___,;____._1----------+-------TREE REMOVAL X ~oo~------~--~14,;..:3~0.::...0 __ ~--~1..:...:08:....:9__,;_ __ ~ __ .,;.,.11,;..:6~9 __ ___.~T~RE~E~W~/l~N~TE=M~P=EA=S~E~O~-~ 0.. 0 ti BROOKLYN BOULEVARD -PHASE 2 DATE PARCEL ;~~I~,__ _________ S_P _10_9-_02_0_-0_14 ___ ~--------< ~~~I 3 9 ,,.:: CITY OF BROOKLYN CENTER 2021-05 7/9/2020 L L.,___-~~:;,..;....:...:~------'---~;..;..___._________._~~_____.~ Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project County: Hennepin Prope1iy Address: 6142 Brooklyn Boulevard Parcel No: 39 ~-- Owner(s): Due Minh Truong and Nancy Nguyen Minnesota law requires that governmental agencies acquiring prope1iy for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above prope1iy prepared by DKJ Appraisal, LLC, dated July 14, 2020. Minnesota law also provides that the owner of the affected prope1iy may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incuned by the owner up to a maximum of $1,500 for single family and two-family residential prope1iy and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal repo1i. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this Nancy Nguyen SRF Consulting Group Inc. Contact: Matthew Marsh Address: 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416 Phone: 763-249-6703 Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project County: Hennepin Prope1iy Address: 6142 Brooklyn Boulevard Parcel No:-"3'-"-9 __ Owner(s): Due Minh Truong and Nancy Nguyen Minnesota law requires that governmental agencies acquiring prope1iy for public highways and other purposes provide the affected prope1iy owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above prope1iy prepared by DKJ Appraisal, LLC, dated July 14, 2020. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incuned by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of prope1iy. In order to be entitled to reimbursement, the owner must comply with the following: 1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2. Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal rep01i. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this ) 3 Owner(s): Due Minh Truong ~fb?2 Nancy Nguyen day of _-+(V_____,_,_a-"-v f!/Wl"""--'--'----"-J=M~-' 20 __:_w SRF Consulting Group Inc. Contact: Matthew Marsh -===--'-'---=..:..:===----------- Address: --"'3...:..._7--"--0~l ----"W-'--'a,::.ly'-'=z=at=a:....:B=o=u=l-=--ev'--"a=rd=,,___,S=u=it=e'---'1'--"0'""0 __ Minneapolis, MN 55416 Phone: 763-249-6703 -------'--'"-=---=--.:..c"------"....:.....::..=-------------- TEMPORARY CONSTRUCTION EASEMENT GRANT THIS EASEMENT GRANT is made by Due Minh Truong and Nancy Nguyen, husband and wife, as joint tenants, (hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee"). The following recitals of fact are a material part of this instrument: A. The Grantor is the owner of a tract of land described as follows (hereinafter referred to as the "Parcel"): B . The Grantor wishes to grant and convey to Grantee a temporary construction easement over, under, and across those parts of the Parcel described as follows (hereinafter referred to as the "Temporary Construction Easement"): See attached Exhibit A NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged , the following grants, agreements , and covenants and restrictions are made: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby grants to the Grantee, for its successors and assigns, the Temporary Construction Easement over, under, and across the Parcel. 2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction purposes including, but not limited to, the right to trim and cut such vegetation within the Easement Area as needed to reasonably accommodate the construction activities and the right to use the Easement Area to stage, operate , and store equipment as needed to complete the construction activities. Displacing soil and grading , are permissible over, under, and across the Temporary Construction Easement premises . 3. TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022, and any and all right, title , interest, lien o r right of possession to the Temporary Construction Easement premises shall thereupon automatically terminate and be of no further legal effect or validity . Page I of 4 Parcel 39 4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES. As a condition of said Temporary Construction Easement grant, Grantee shall, upon completion of construction and prior to termination, restore the ground surface of the Temporary Construction Easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. 5. WARRANTIES OF TITLE. Granter warrants and guarantees that Granter has good and indefeasible fee simple title to the Parcel and Granter warrants and guarantees that Granter has the full authority to grant the Temporary Construction Easement provided herein, free and clear of all other claims. 6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument, including the benefits and burdens, run with the Parcel and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. 7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or Property prior to the date of this instrument. Page 2 of 4 Parcel 39 l ,"-1 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this ____ day of ,/JO V {i M h). / , 20~? STATE OF M \\J COUNTY OF H-1V\ ue di\ ) ) ss ) Du ------ The foregoing instrument was acknowledged before me this .JJ!._ day of NOV by Due Minh Truong, Grantor. ~i,1~~~-KENDRA A DESHLER ,!i("":~~j!.'.; NOTARY PUBLIC· MINNESOTA '$~ii ' MY COMMISSION EXPIRES 01/31/2022 ·~------ Page 3 of 4 Parcel 39 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this _ _,_/_')..___ day of N 6 V 4T ~ , 20 ..1:/J STA TE OF ----=Ut_\{_~~V\'-'--'\ ()'\"---· _ COUNTY OF U)S ~:(:✓\ f5- ) ) ss ) Nancy Nguyen The foregoing instrument was acknowledged before me this \ ~ day of_l_\ ____ , 2(},J), by Nancy Nguyen, Grantor. JOANNA HO Notary Public -California Los Angeles County commission# 2191807 My Comm . Expires Apr 15, 2021 This Instrument Drafted By: SRF Consulting Group , Inc. as Agent for the City of Brooklyn Center, MN 3701 Wayzata Boulevard , Suite 100 Minneapolis , MN 55416-3791 Page 4 of 4 Return to : Cindy Wiste Senior Associate SRF CONSULTING GROUP , INC. 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Parcel 39 PARCEL39TE EASEMENT DESCRIPTION OWNER: Due MINH TRUONG P.I.N. 34-119-21-43-0037 Exhibit A (Temporary Easement) PROP ERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITL E No. 1316695 An 8.30 foot temporary easement for construction purposes over, under, across and through the following described property: All that paii of the following described lot: Lot 6, Block 3, "LA WNRIDGE", Hennepin County, State of Minnesota, except that paii thereof, which lies southwesterly of a line run parallel with and distant 42 feet n01iheasterly of the following described line: From a point on the N01ih line of Section 3, Township 118 No1ih , Range 21 West, distant 1741.08 feet west of the Northeast corner thereof, run southeasterly at an angle of 68 degrees 01 minutes 52.3 seconds with said N01ih section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run n01ihwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree 00 minute curve (delta angle 17 degrees 20 minutes 35.2 seconds) for 867.16 feet; thence deflect to the left on a O degree 15 minute curve ( delta angle 1 degree 29 minutes 54 .8 seconds) for 599.42 feet and there terminating; and except a triangular piece adjoining and n01iheasterly of the above described strip and n01ihwesterly of the following described line: Beginning at a point of the above described line, distant 40 feet southeasterly of its intersection with the N01iherly line of said Lot 6; thence run n01iheasterly to a point on said No1iherly line , distant 30 feet easterly of said intersection. Said temporary easement lying easterly of and adjacent to a line run parallel with and distant 31.00 feet easterly of line described as commencing at the n01ihwest corner of the Southeast Quarter of Section 34, Township 119 , Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quaiier a distance of 52.09 feet to the point of beginning of said described line ; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600 .01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central O 1 degree 29 minutes 55 seconds and said described line there terminating. Together with that paii of said Lot 6 described as commencing at the intersection of the n01ih line of the South 30 .00 feet of said Lot 6 with a line run parallel with and distant 39.30 feet easterly of the above described line ; thence easterly along said north line a distance of 10.00 feet; thence southerly deflecting to the right 90 degrees 00 minutes 00 seconds a distance of 23. 7 4 feet to the intersection with said parallel line; thence n01ihwesterly along said parallel line a distance of25.76 feet to the point of beginning. Said temporary easement to expire November 30, 2022. PERMANENT EASEMENT FOR DRAINAGE & UTILITY/SIDEWALK/TRAIL PURPOSES THIS INDENTURE, Made this /jt._ day of /VD Jhl,//,v Due Minh Truong and Nancy Nguyen, husband and wife, as joint tenants, GRANTOR, and Hennepin County, a body politic and corporate under the laws of the State of Minnesota, together with all hereditaments and appurtenances belonging thereto (hereinafter referred to as the "Grantee"). WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the Grantor hereby gives, grants, conveys and relinquishes unto said Grantee, and Grantee's officers, employees, agents, representatives, contractors and invitees, a permanent and perpetual Easement for the drainage and utility purposes and other municipal utilities, reconstruction, operation, maintenance, inspection, alteration, repair and use of a public sidewalk, street, curb and gutter, storm sewer, sanitary sewer, water, cable, electric and other municipal utilities, trails facilities and improvements upon, over, under, across and through the following-described tract or parcel of land located in Hennepin County, Minnesota, and described as follows: (The "Easement Area") Page 1 of 4 See attached Exhibit A Parcel 39 Grantor wanants and covenants that Grantor is the fee simple owner of the above- described premises and has the lawful right and authority to convey and grant this Easement and will warrant and defend title to the above-described premises against all claims. This Easement includes the right of the Grantee, its contractors, agents, employees and invitees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, restoration, and all purposes in furtherance thereof or related thereto, including but not limited to the right to remove trees, shrubs or other vegetation and existing structures and improvements in the Easement Area, as well as the right to deposit earthen materials within the Easement Area, to move, store, and remove equipment and supplies, and to perform any other work necessaiy and incident to Grantee's project or to the continued operation of Grantee's improvements within the Easement Area or Grantee's use of this Easement. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. To have and to hold the Easement and right of way unto the Grantee for the purposes herein stated. This Easement, and all covenants, terms, conditions, provisions and unde1iakings created by this Easement are perpetual and will run with the land and will be binding upon Grantor's heirs, successors and assigns. Page 2 of 4 Parcel 39 IN WITNESS WHEREOF , the Grantor has hereunto ex ecuted this Easement on the day and ye ar first above written. WITNESS, The hand of the GRANTOR: M lJ STATE OF _______ ) coUNTY oF H-c((\ Y\e,£ ( n ) ss ) The foregoing instrument was acknowledged before me this ~ day of ___ N __ D_l\f __ , 201J2_ by Due Minh Truong, Grantor. ·1tth i~?;;;:{ft,._. KENDRA A DESHLER ;,i~~j~J NOTARY PUBLIC· MINNESOTA "!fr~t:ill' MY COMMISSION EXPIRES 01/31/2022 Page 3 of 4 ~ Notary Public County of tjln N f l n State of MtJ My Commission Expires: I } 31 /21- Parcel 39 IN WITNESS WHEREOF, the Grantor has hereunto executed this Easement on the day and year first above written. WITNESS, The hand of the GRANTOR: sTATE oF C0t, l\fun ~ 0\ coUNTY oFlo) ltf\O\e\ es ) ) ss ) Nancy Nguyen ;:::__:_---- The foregoing instrument was acknowledged before me this Jl_ day of N o\feVV\YJtt:: , 20 1.,0 by Nancy Nguyen, Grantor. JOANNA HO Notary Public -California z ~ Los Angeles County - commission# 2191807 My Comm. Expires Apr 15, 2021 This Instrument Drafted By : SRF Consulting Group, Inc. as Agent for the City of Brooklyn Center, MN 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Page 4 of 4 J My Commission Expires 4 / ~ ·-iv ?.,, ( Return to: Cindy Wiste Senior Associate SRF CONSULTING GROUP, INC. 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Parcel 39 PARCEL39PE EASEMENT DESCRIPTION OWNER: Due MINH TRUONG P.I.N. 34-119-21-43-0037 Exhibit A (Permanent Easement) PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1316695 A perpetual easement for drainage, utility, sidewalk and trail purposes over, under, across and through paii of the following described property: All that paii of the following described lot: Lot 6, Block 3, "LAWNRIDGE", Hennepin County, State of Minnesota, except that part thereof, which lies southwesterly of a line run parallel with and distant 42 feet n01iheasterly of the following described line: From a point on the North line of Section 3, Township 118 N01ih, Range 21 West, distant 1741.08 feet west of the N01iheast corner thereof, run southeasterly at an angle of 68 degrees 01 minutes 52.3 seconds with said N01ih section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the line to be described; thence run n01ihwesterly along the last described course for 100 feet; thence deflect to the left on a 2 degree 00 minute curve ( delta angle 17 degrees 20 minutes 3 5 .2 seconds) for 867 .16 feet; thence deflect to the left on a O degree 15 minute curve ( delta angle 1 degree 29 minutes 54.8 seconds) for 599.42 feet and there terminating; and except a triangular piece adjoining and n01iheasterly of the above described strip and n01ihwesterly of the following described line: Beginning at a point of the above described line, distant 40 feet southeasterly of its intersection with the N01iherly line of said Lot 6; thence run n01iheasterly to a point on said N01iherly line, distant 30 feet easterly of said intersection. Said perpetual easement being that paii of said described prope1iy lying westerly of a line run parallel with and distant 31 .00 feet easterly of line described as commencing at the n01ihwest corner of the Southeast Quarter of Section 34, Township 119, Range 21, Hennepin County, Minnesota; thence South 03 degrees 45 minutes 23 seconds East, assumed bearing, along the west line of said Southeast Quaiier a distance of 52.09 feet to the point of beginning of said described line; thence South 23 degrees 48 minutes 56 seconds East a distance of 1850.54 feet; thence southeasterly 600.01 feet along a tangential curve concave to the southwest having a radius of 22940.48 feet and a central 01 degree 29 minutes 55 seconds and said described line there terminating. Parcel No: Fee Owners: Living Trust 48 MEMORANDUM OF AGREEMENT Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost On this /_/ day of A/ o U , 20 ~' Edward lloyd Provost and Vicky Lynn Provosl as Trustees of the Provost Living Trust Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the pmiies that: 1. The Owners have been furnished with the approved estimate of just compensation for the prope1iy acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project. .2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the prope1iy or in any benefits from the acquisition of the prope1iy. 3. That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of$ 1.. 1 \t)t) . C)C) for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the pmiies is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the pmiies. Grantor(s): City of Brooklyn Center Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost Living Trust ~~~P.~----- Q Its: --------------- Vicky Ly1 SRF NO. 11765-D0290 ADMINISTRATIVE SETTLEMENT MEMORANDUM Date: November 24, 2020 To: Mike Albers Project Engineer From: Cindy Wiste, Senior Associate SUBJECT: BROOKLYN BOULEVARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS: 6500 Brooklyn Boulevard PARCEL NO.: 48 The certified offer was made on September 23, 2020 in the amount of $600.00. The acquisition consists of 345 square feet of temporary construction easement. The owners are asking for additional compensation of $1,500.00. In lieu of additional costs foreseeable in condemnation, we are recommending settlement in the amount of $2,100.00 Certified value: $ 600.00 Description of administrative adjustments: Additional compensation for proximity of trail: $1,500.00 Total Adjustments: $1,500.00 SETTLEMENT TOTAL: $2,100.00 APPROVAL: By: Date Its: September 23, 2020 Edward Lloyd Provost Vicky Lynn Provost 34352 Starboard Lantern Street Dana Point, CA 92629 SUBJECT: OFFER TO ACQUIRE SRF No. 11765-D0290 BROOKLYN BOULEVARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT PROPERTY ADDRESS: 6500 BROOKLYN BOULEVARD PARCEL'NO.: 48 Dear Edward and Vicky: As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $600.00, which has been determined to be just compensation for such prope1iy and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. · .. · This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $5,000.00 for the actual costs of an appraisal of prope1iy acquired by direct purchase . If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the prope1iy may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. Edward lloyd Provost and Vicky Ly1m Provost -2 -Parcel 48 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your · cooperation and assistance and we look forward to working with you toward a mutually satisfacto1y completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Reed Scherbel Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on // day of //t1V 20 ~, this Offer to Acquire and Value Calculation w~s received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost Living Trust SRF No. 11765.D0290 VALUE CALCULATION THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY BROOKLYN BOULEY ARD (HENNEPIN COUNTY ROAD 152) PHASE II IMPROVEMENTS PROJECT Parcel No.: 48 Fee Owners: Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost Living Trust Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Temporary Construction Easement: Land Value Before Taking Land Value After Taking Indicated Damages TOTAL (rounded) 345 square feet VALUATION = $403,800 .00 = $403,200.00 = $ 600.00 =$ 600.00 i C "O co ~ lO CD I'- ~ :'.:: ro $ 0 :c ~ (/) LI .c ~ S! C (/) Q) I ! ' ' ~~ 0 25 50 ~ ~ , ~IN FEET .,,,,,,.. -~ ,----------._,,,,/ ~ .__ ____ _,!- DRAFT SUBJECT TO CHANGE --::----::::: . ~- .· . --~ ' I I I \ /2 ,/ / ~? ' ' / ' ' ,, 6500 ~-- ~ PARCEL =tt48 L----r \ I \ \ ' \ y ', \ ~-~ ----x-~-~ l ', \ 0 ;:;; CD PIO ADDRESS PARCEL LINE 1-----'---'-'-----1--------6-50_0_B_R_O_O_K_LY_N_B_O_U_L_EV_A_R_D---------1 EXISTING R/W ------- 1--3_4_-1_1_-9_2_1-_1_3-_0_08_4_. ______ --.-----------.----------1 EXISTING PE -------- ~ s 0 0 ~ 2 U) 0..0 u CON-Q) ~a o ""('\IL. l!l-o.. 0 Ol ,- Mj::::::i: EXISTING D&U, SIT EASE [SQ.FT] TE [SQ.FT] TEMP EASE ------ PARCEL PROPOSED D&U -------- AREA SQ' FT CONST LIMITS ----------!...-~~~~:..!l..-L-~==::::::::::::=.-. _ ____j__=:::::::===------l TREE REMOVAL X 41000 0 345 TREE W/IN TEMP EASE 0 I-- ________ BR_o_o_K_L_Y_N_B_o_u_L_Ev_A_R_D_-_P_H_A_s_E_2--,-----------t ---~~. SP109-020-014 ... J ...,,i ■ CITY OF BROOKLYN CENTER 2021-05 DATE 7/9/2020 PARCEL 48 _J Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin County Road 152) Phase II Improvements Project County: Hennepin Property Address: · 6500 Brooklyn Boulevard, Parcel No: 48 --- Owner(s): Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost Living Trust Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated July 13, 2020. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1. The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2 . Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have . Thank you for your cooperation. Appraisal received this~/_/_ day of _,,_/ld_'l_c/ ____ ~, 20 ?--J Grantor(s): SRF Consulting Group Inc. Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost Living Trust , 1!!t!::£f6tt5~ ~~~::~~.-f-7e-;-t-!-ca_~-;·-:t-~-B-l-vd-,-S-u-it_e_l_O_O __ _ r+--· </ ~ Minneapolis, MN 55416 ----1L,t1L~~~~=--va:£2_-::;7/4/.-~::_:~_ I ~L-V --Phone: __ 7_63_-2_4_9_-6_7_59 _______ _ TEMPORARY CONSTRUCTION EASEMENT GRANT THIS EASEMENT GRANT is made by Edward lloyd Provost and Vicky Lynn Provost , as Trustees of the Provost Living Trust, (hereinafter referred to as the "Grantor") in favor of and to the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as the "Grantee"). The following recitals of fact are a material part of this inst rument: A. The Grantor is the owner of a tract of land described as follows (hereinafter referred to as the "Parcel"): B. The Grantor wishes to grant and convey to Grantee a temporary construction easement over, under, and across those parts of the Parcel described as follows (hereinafter referred to as the "Temporary Construction Easement"): See attached Exhibit A NOW, THEREFORE , for valua b le consideration , the receipt and sufficiency of which is hereby acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The Grantor hereby grants to the Grantee, for its successors and assigns, the Temporary Construction Easement over, under, and across the Parcel. 2. USE OF TEMPORARY CONSTRUCTION EASEMENT. Access for construction purposes including , but not limited to, the right to trim and cut such vegetation within the Easement Area as needed to reasonably accommodate the construction activities and the right to use the Easement Area to stage, operate, and store equipment as needed to complete the construction act ivities . Displacing soil and grading, are permissible over, under, and across the Temporary Construction Easement premises. 3 . TERM OF TEMPORARY CONSTRUCTION EASEMENT. The Temporary Construction Easement shall commence on April 1, 2021 and shall expire on November 30, 2022, and any and all right, title, interest, lien or right of possession to the Temporary Construction Easement premises shall thereupon automatically terminate and be of no further legal effect or validity. Page 1 of 3 P arc el 4 8 4. RESTORATION OF TEMPORARY CONSTRUCTION EASEMENT PREMISES. As a condition _of said Temporary Construction Easement grant, Grantee shall, upon completion of construction and prior to termination, restore the ground surface of the Temporary Construction Easement premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts and any removal of earth, other materials, trees and other vegetation. 5. WARRANTIES OF TITLE. Grantor warrants and guarantees that Grantor has good and indefeasible fee simple title to the Parcel and Grantor warrants and guarantees that Grantor has the full authority to grant the Temporary Construction Easement provided herein, free and clear of all other claims. 6. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument, including the benefits and burdens, run with the Parcel and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. 7. ENVIRONMENTAL MATTERS. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or Property prior to the date of this instrument. Page 2 of3 Parcel 48 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand this '-1'/A).J ,//rl'dt-'/\ , 2 0 d:.!✓ ' STATE OF M~l~8~ ) ) ss COUNTY OF Orange ) GRANTORS Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost Living Trust rustee The foregoing instrument was acknowledg_ed before me this lQ_ day ot\Jci Jen1ber::: , 2<Q/) by Edward lloyd Provost and Vicky Lynn Provost, as Trustees of the Provost Living Trust, Grantor. This Instrument Drafted By : SRF Consulting Group, Inc. as Agent for the City 9f Brooklyn Center, MN 3701 Wayzata Boulevard, Suite 100 Minneapolis, MN 55416-3791 Page 3 of3 Return to : Cindy Wiste Senior Associate SRF CONSULTING GROUP, INC . 3701 Wayzata Boulevard, Suite 100 Minneapol is, MN 55416-3791 Parcel 48 PARCEL48TE EASEMENT DESCRIPTION Exhibit A (Temporary Easement) OWNER: EDWARD LLOYD PROVOST AND VICKY LYNN PROVOST, AS TRUSTEES OF THE PROVOST LIVING TRUST P.I.N. 34-119-21-13-0084 PROPERTY DESCRIPTION AND OWNER ACCORDING To CERTIFICATE OF TITLE No. 1464354 A temporary easement for construction purposes over, under, across and through part of the following described property: Tract A, REGISTERED LAND SURVEY No . 1326, Hennepin County, Minnesota. Said temporary easement being that part of said Tract A described as beginning at the most southerly comer of said Tract A; thence North 68 degrees 48 minutes 56 seconds West, assumed bearing, along the southerly line of said Tract A a distance of28.28 feet to the east line of the West 10.00 feet of said Tract A; thence N01ih23 degrees 48 minutes 56 seconds West, along said parallel line, a distance of 17. 79 feet; feet; thence N01ih 66 degrees 11 minutes 04 seconds East a distance of 11. 00 feet; thence South 23 degrees 48 minutes 5 6 seconds East a distance of 21 . 72 feet; thence South 68 degrees 48 minutes 56 seconds East a distance of22.73 feet to the southerly line of said Tract A; thence southwesterly along said southerly line a distance of 7.07 feet to the point of beginning. Said tempora1y easement to expire November 30, 2022. C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran Cote, P.E., D irector of P ublic Works BY:M ike A lbers, P.E., C ity Engineer S U B J E C T:Res olu,on A ccep,ng Feasibility Report, D eclaring Costs to be A s s essed and C alling for I mprovement and A sses s ment P ublic H earings for I mprovement P roject No. 2021-07, Lyndale Avenue A rea Pavement Rehabilita,on B ackground: This project was es tablis hed by the City C ouncil on O ctober 2 6 , 2 0 2 0 , by Res olu,on No. 2020-95, for the area commonly r eferr ed to as Ly ndale Avenue A rea Pavement Rehabilita,on. T his ac,on was taken in accordance w ith the C apital I mprovement P rogram (C I P ), w hich iden,fies por,ons of the Ly ndale Avenue and the 55th/56th Avenue cul-de-s acs for improvements during the 2021 construc,on season. The a?ached feasibility report prov ides a summary of the project ev alua,on proces s and preliminary layout of s tr eet and u,lity impr ovements . The report als o includes res ults of a res ident ques ,onnair e that w as mailed to all property ow ners within the project areas . A public informa,on mee,ng was conducted on D ecember 2, 2020 to provide project informa,on to property ow ners and tenants w ithin the project area and gain addi,onal input from the public. A formal pres enta,on of the feas ibility for the project is planned at the public hearing. The a?ached res olu,on declares cer tain project cos ts to be as s es s ed for the Lyndale Av enue A rea Pavement Rehabilita,on improv ements and calls for a public hear ing on proposed s pecial as s es s ments on January 25, 2 0 2 1 , immediately follow ing the impr ovement public hearing. I f approv ed by the C ity C ouncil, legal no,ce w ould be published and all pr oper ty owners who could poten,ally be as s essed for improvements would receive a No,ce of P ublic H earing via mail. S taff recommends that the City Council cons ider holding the s pecial as s es s ment public hear ing immediately following the project improvement public hearing. The pur pos e of holding the s pecial asses s ment public hearing pr ior to beginning the pr oject is to assure that any obj ec,ons to or appeals of the as s es s ments are known pr ior to enter ing into a cons truc,on contract or is s uing bonds to finance the as s es s ed por ,on of the project. The establis hed as s essment r ate w ould s et the maximum lev y amounts , guaranteeing pr oper ty ow ners the final cos t they will pay for the proj ect. S pecial asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy. B udget I ssues: The total proj ect cos t for the Lyndale Av enue A rea Pavement Rehabilita,on is es,mated to be $700,000. The total s pecial asses s ments for this project are es ,mated to be $25,175.64 for s treet improvements. F unding s ources for the proj ect are pr opos ed from a variety of s ources as described in the feas ibility report. The D r aE S pecial A sses s ment L ev y Roll for I mpr ovement P roject No. 2021-07 are included in A ppendix A of the feasibility report. S trategic Priories and Values: Key Transporta,on I nvestments AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 12/7/2020 Cover Memo Feas ibility Report 12/7/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NO. 2021-07, LYNDALE AVENUE AREA PAVEMENT REHABILITATION WHEREAS, the Brooklyn Center City Council, by Resolution No. 2020-95, directed preparation of a feasibility report regarding proposed improvements to the streets and public utilities in the Lyndale Avenue Area; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the total project cost for the Lyndale Avenue Area Pavement Rehabilitation is estimated to be $700,000; the total cost of the street improvement portion of said project is estimated to be $400,000 and the project funding sources are currently estimated to be: Special Assessments $ 25,175.64 Sanitary Sewer Utility Fund $ 130,000.00 Water Utility Fund $ 20,000.00 Storm Drainage Utility Fund $ 120,000.00 Street Reconstruction Fund $ 244,824.36 Municipal Sate Aid Fund $ 160,000.00 Total $ 700,000.00 WHEREAS, the City Clerk and City Engineer have prepared proposed assessment rolls showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer’s Feasibility Report for Lyndale Avenue Pavement Rehabilitation is received and accepted. 2. Notice is hereby given that an on-line improvement public hearing will be held on the 25th day of January, 2021, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said improvements. The electronic meeting can be accessed by _____________________________________________________ or by dialing ________________ Code: ________________ 3. The City Clerk is directed to cause a notice of the improvement public hearing to be published in the official newspaper at least two weeks prior to the public hearing and shall state in the notice the total cost of the improvement. 4. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2021-07 is declared to be $25,175.64. 5. Notice is hereby given that an on-line assessment public hearing will be held on the 25th day of January, 2021, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said assessment and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said assessment. The electronic meeting can be accessed by _______________________________________________________________ or by dialing ________________ Code: ________________ 6. The City Clerk is directed to cause a notice of the assessment public hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the public hearing and shall state in the notice the total cost of the improvement. 7. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the public hearing. December 14, 2020 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. Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 1 Public Works Dept Engineering Division Phone: 763-569-3340 FAX: 763-569-3440 FEASIBILITY REPORT FOR LYNDALE AVENUE AREA PAVEMENT REHABILITATION IMPROVEMENT PROJECT NOS. 2021-07 CITY OF BROOKLYN CENTER, MINNESOTA DECEMBER 7, 2020 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota _____________________________ Michael J Albers, P.E. Reg. No. 47074 December 7, 2020 Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 2 I. BACKGROUND In 2021, the City of Brooklyn Center is entering the 28th year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City’s aging streets, water main, sanitary sewer, storm sewers, sidewalks, trails and street lights. The City’s Capital Improvement Program (CIP) identifies portions of the Lyndale Avenue Area for pavement reconditioning in 2021. The proposed project includes a roadway mill and overlay, minor concrete curb repairs, minor utility improvements within the project limits as shown on Figure 1. The Lyndale Avenue improvements extend from 55th Avenue to 57th Avenue and includes the 56th Avenue and 55th Avenue cul-de-sacs. This report was prepared in response to City Council Resolution No. 2020-95 dated October 26, 2020, directing staff to prepare a feasibility report and collect public input for the proposed project. A public informational meeting with property owners located within the project area will be scheduled shortly. The 2021 project area consists of approximately 1,905 feet of streets. The project consists of approximately 9 residential properties that are zoned "R2" and 2 multi-family properties that are zoned “R4”. Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 3 Figure 1: Project Area Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 4 II. STREET IMPROVEMENTS A. EXISTING CONDITIONS A majority of the Lyndale Avenue Area was originally constructed in 1955 as the Garcelons to Minneapolis Addition. More than half the properties were redeveloped between 1945 and 1980. The Lyndale Avenue Area was most recently reconstructed in 1985. The existing streets are generally 30- feet wide with curb and gutter, which is typical for most low volume residential streets in Brooklyn Center. Lyndale Avenue is a designated Municipal State Aid (MSA) route and the existing street is an urban section that is approximately 28-feet wide with concrete curb and gutter. A concrete sidewalk exists along the east side and west of Lyndale Avenue at 57th Avenue. A bituminous trail exists along the east side of Lyndale Avenue the entire length of the project area. An existing pavement evaluation was conducted resulting with the road surface showing signs of deterioration such as some lateral cracking throughout the project area and moderate potholes have occurred in some locations. The existing pavement section within project area varies but consist of 3- 3.5” inches of bituminous pavement and 4-8 inches of aggregate base per the typical sections in 1985. Additionally, limited sections of deteriorated concrete curb and gutter were identified within the project area. Recent traffic counts for Lyndale Avenue are approximately 1,450 vehicles per day. The current roadway configuration has been in-place for 35 years and appears to be functioning adequately. Traffic counts within the Lyndale Avenue Area are not projected to substantially increase in the future. Major changes in local traffic patterns are not anticipated as a result of the proposed mill and overlay of the street segments. The existing street configuration is expected to be sufficient to convey existing and future anticipated traffic volumes. B. PROPOSED STREET IMPROVEMENTS Based on the age, condition and maintenance needs of the existing bituminous asphalt pavement surface, the recommended pavement improvements consist of a mill and overlay rehabilitation of the existing pavement on Lyndale Avenue. The complete full depth pavement replacement of the street surface is warranted for the 55th Avenue and 56th Avenue cul-de-sacs. The existing concrete curb and gutter throughout the project area has not exceeded its life expectancy and can be suitably rehabilitated with spot repairs. Approximately 30 percent of the concrete curb and gutter and concrete driveway aprons are estimated to be replaced due to heaving/settling issues and as warranted or impacted by other construction (e.g. public utility repairs). In accordance with the Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City’s Complete Streets Policy ensures that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. Additionally, the Safe Routes to School Planning (SRTS) Assistance Memorandum prepared by MnDOT in June 2013 and the Pedestrian & Bicycle Plan (P&BP) adopted in March 2014 are used to plan additional sidewalk and trail routes. The SRTS and the P&BP did not identified missing sidewalk/trail connections and no additional pedestrian or bicycle facilities were identified within the project area. Pedestrian curb ramps in the project area are in compliance with the Americans with Disabilities Act (ADA) and no sidewalk/trail Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 5 improvements are recommended. III. STREET LIGHTING SYSTEM A. EXISTING CONDITIONS The street improvement program has historically included the replacement of free-standing street lights located within the project area. Free-standing street lights are defined as lights mounted on poles which do not contain any other overhead utilities attached to them. The existing street light system throughout the project generally consists of multiuse-type poles, which are unable to be removed and therefore are not planned to be replaced. The existing street lights on multiuse poles within the project area have overhead power service with cobra-head type LED light fixtures. B. PROPOSED STREET LIGHTING IMPROVEMENTS No street light improvements are included within the scope of this project. IV. STORM DRAINAGE AND TREATMENT SYSTEM A. EXISTING CONDITIONS The project area is located within the West Mississippi River Watershed Management Commission area and flows to the Mississippi River. The existing storm drainage system in the project area consists of a network of storm sewer pipes installed in 1952, 1955 and 1985 and range in size from 12 to 36-inch diameter reinforced concrete storm sewer pipes. A televising of the storm sewer in this area was conducted in 2020 and it was found to be in good condition. B. PROPOSED DRAINAGE IMPROVEMENTS Storm sewer improvements will be made to the existing system that includes replacing and adjusting catch basin castings and isolated portions of lateral storm sewer as necessary within the project area. V. SANITARY SEWER SYSTEM A. EXISTING CONDITIONS The existing sanitary sewer throughout the project area is generally 24-inch diameter Reinforced Concrete Pipe (RCP) that was installed in 1959. All public sanitary sewer pipes were inspected with remote televising equipment in 2020. The condition of the sanitary sewer system within the area is rated as good with no root sawing locations. B. PROPOSED SANITARY SEWER IMPROVEMENTS Sanitary sewer improvements will be made to the existing system that includes replacing manhole castings and lids within the project area. The replacement of the castings with external seals will help minimize inflow and infiltration of rainwater into the sanitary sewer system. The24-inch diameter RCP sanitary sewer pipe will be reviewed for potential lining during the final design. VI. WATER SYSTEM A. EXISTING CONDITIONS The existing water main within the project area consists of 6-inch diameter ductile iron pipe (DIP) installed in 1978 and 1985. Records indicate 0 main breaks have occurred within the neighborhood and 0 properties have experienced a frozen water service in past winters. The water main is in good Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 6 condition and has not approached the end of its life cycle. B. PROPOSED WATER MAIN IMPROVEMENTS Water main improvements include replacement of miscellaneous valves and hydrants in the project area. VIII. RIGHT-OF-WAY AND EASEMENTS Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. It is not anticipated that the City will need to obtain any additional easements for any existing or proposed improvement located within the roadway. If necessary, any identified easement needs during final design will be further coordinated with the City Attorney and the identified property owners. IX. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $700,000. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A. FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $400,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for street improvements are proposed in accordance with the 2021 rates (see Figure 2). The properties that are zoned R2 would be assessed based on a frontage basis with a $1556 per lot minimum in accordance with the 2021 assessment rates. Staff recommends that the assessment rate for all R2 properties within the project should be capped at $1,556 because the R2 properties are similar in size to a standard R1 property and the benefits from the street improvement a.re similar. The multi-family properties located at 5547 Lyndale Ave and 5601 Lyndale Avenue are zoned R4 would be assessed based on an area basis. An “A” zone benefit includes the area abutting the street to be improved, extended to the depth of 200-feet and a “B” zone of lesser benefit for the remainder of the property area. The “A” zone rate is based on assessing 70 percent of the total street project cost deemed to benefit the property and the “B” zone rate is based on 30 percent. Based on cost estimates for full street reconstruction, the full unit rate has been determined to be “A” zone rate of $0.2876 per square foot and a “B” zone rate of $0.1233 per square foot. It should be noted that historically the assessments have been levied based on estimated costs rather than actual costs, understanding that the project costs are levied at a reduced percentage (70 and 30 percent as indicated above). City owned properties are not proposed to be assessed. A total estimated special assessment amount of $25,175.64 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund and Municipal State Aid (MSA) Fund. A summary of the proposed special assessments for street improvements is provided in Appendix A. C. FUNDING FOR UTILITY IMPROVEMENTS The estimated cost of storm drainage improvements is $150,000; the estimated cost of sanitary sewer improvements is $130,000; and the estimated cost for water main improvements is $20,000. As previously noted, these total cost estimates include the costs for project administration, engineering, Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 7 legal and construction contingency. All costs for water and sanitary sewer improvements will be funded by their respective utility funds in accordance with established policy for such improvements. Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 8 Table 1: Cost and Funding Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 9 Figure 2: Assessment Map Feasibility Report Lyndale Avenue Area Pavement Rehabilitation Page 10 X. RECOMMENDED PROJECT SCHEDULE Table 2 is the preliminary schedule for the project. Table 2. 2021 Lyndale Avenue Area Pavement Rehabilitation Project – Schedule Action Target Date City Council Receives Feasibility Report, Declares Cost to be Assessed and Calls for Public Hearings December 14, 2020 City Council Holds Public Hearing, Authorizes the Project and Orders Preparation of Plans and Specifications January 25, 2021 City Council Approves Plans and Specs and Authorizes Advertisement for Bids February 2021 City Receives and Opens Project Bids March/April 2021 City Council Considers Award of Contract April 2021 Start Project Construction Summer 2021 Construction Substantially Complete October 2021 XI. CONCLUSIONS AND RECOMMENDATIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report Lyndale Avenue Areas Pavement Rehabilitation Appendix A DRAFT Proposed Pending Assessment Roll PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES 0111821430095 207 55th AVE N 1,556.00$ R2 0111821430096 5451 LYNDALE AVE N 1,556.00$ R2 0111821420014 5501 LYNDALE AVE N 1,556.00$ R2 0111821420015 5505 LYNDALE AVE N 1,556.00$ R2 0111821420016 5509 LYNDALE AVE N 1,556.00$ R2 0111821420055 5519 LYNDALE AVE N 1,556.00$ R2 0111821420019 5547 LYNDALE AVE N 5,990.30$ Multi Family R4 (A) 20,024.19 sf, (B) 1,876.21 sf 0111821420020 5559 LYNDALE AVE N 1,556.00$ R2 0111821420021 5601 LYNDALE AVE N 5,181.34$ Multi Family R4 (A) 18,015.77 sf, (B) 0 sf 0111821420023 5607 LYNDALE AVE N 1,556.00$ R2 0111821420022 5611 LYNDALE AVE N 1,556.00$ R2 Total Assessments 25,175.64$ CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL December 7, 2020 2021 LYNDALE AVENUE AREA PAVEMENT REHABILITATION IMPROVEMENT PROJECT NO. 2020-07 1 C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran M. Cote, P.E., D irector of P ublic Works BY:M ike A lbers, P.E., C ity Engineer S U B J E C T:Res olu,on A ccep,ng Feasibility Report, D eclaring Costs to be A s s essed and C alling for I mprovement and A sses s ment P ublic H earings for I mprovement P roject No. 2021-06, Northwes t A rea M ill and O verlay B ackground: This project was es tablis hed by the City C ouncil on O ctober 2 6 , 2 0 2 0 , by Res olu,on No. 2020-94, for the area commonly referred to as the Nor thw es t A rea Mill and O v erlay. T his ac,on w as taken in accordance w ith the Capital I mprov ement P rogram (C I P ), which iden,fies por ,ons of N orthwes t A rea of the W illow Lane Neighborhood for improvements during the 2021 construc,on season. The a=ached feasibility report provides a summary of the project evalua,on proces s and preliminary s treet and u,lity improvements. A public informa,on mee,ng was conducted on D ecember 2, 2020 to provide project infor ma,on to pr oper ty ow ners within the project area and gain addi,onal input from the public. A formal presenta,on of the feasibility for the project is planned at the public hearing. The a=ached resolu,on declares certain project costs to be asses s ed for the Northwes t A rea Mill and O verlay improvements and calls for a public hearing on proposed special asses s ments on January 25, 2021, immediately follow ing the impr ovement public hearing. I f approved by the C ity C ouncil, legal no,ce would be publis hed and all property owners w ho could poten,ally be as s es s ed for improvements would receiv e a No,ce of P ublic H earing v ia mail. S taff r ecommends that the C ity C ouncil cons ider holding the special asses s ment public hearing immediately follow ing the project improvement public hearing. The pur pos e of holding the s pecial asses s ment public hearing pr ior to beginning the pr oject is to assure that any obj ec,ons to or appeals of the as s es s ments are known pr ior to enter ing into a cons truc,on contract or is s uing bonds to finance the as s es s ed por ,on of the project. The establis hed as s essment r ate w ould s et the maximum lev y amounts , guaranteeing pr oper ty ow ners the final cos t they will pay for the proj ect. S pecial asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy. B udget I ssues: The total proj ect cos t for the Nor thw es t A r ea M ill and O v er lay is es ,mated to be $1,7 5 0 ,000. T he total s pecial asses s ments for this project are es ,mated to be $199,168.00 for s treet improvements. F unding s ources for the proj ect are pr opos ed from a variety of s ources as described in the feas ibility report. The D r aE S pecial A sses s ment L ev y Roll for I mpr ovement P roject No. 2021-06 are included in A ppendix A of the feasibility report. S trategic Priories and Values: Key Transporta,on I nvestments AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 12/7/2020 Cover Memo Feas ibility Report 12/7/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NO. 2021-06, NORTHWEST AREA MILL AND OVERLAY WHEREAS, the Brooklyn Center City Council, by Resolution No. 2020-94, directed preparation of a feasibility report regarding proposed improvements to the streets and public utilities in the Northwest Area of the Willow Lane Neighborhood; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the total project cost for the Northwest Area Mill and Overlay is estimated to be $1,750,000; the total cost of the street improvement portion of said project is estimated to be $990,000 and the project funding sources are currently estimated to be: Special Assessments $ 199,168.00 Sanitary Sewer Utility Fund $ 190,000.00 Water Utility Fund $ 140,000.00 Storm Drainage Utility Fund $ 430,000.00 Street Reconstruction Fund $ 790,832.00 Total $ 1,750,000.00 WHEREAS, the City Clerk and City Engineer have prepared proposed assessment rolls showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer’s Feasibility Report for Northwest Area Mill and Overlay is received and accepted. 2. Notice is hereby given that an on-line improvement public hearing will be held on the 25th day of January, 2021, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given the opportunity to be RESOLUTION NO. _______________ heard with reference to said improvements. The electronic meeting can be accessed by _____________________________________________________ or by dialing ________________ Code: ________________ 3. The City Clerk is directed to cause a notice of the improvement public hearing to be published in the official newspaper at least two weeks prior to the public hearing and shall state in the notice the total cost of the improvement. 4. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2021-06 is declared to be $199,168.00. 5. Notice is hereby given that an on-line assessment public hearing will be held on the 25th day of January, 2021, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said assessment and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said assessment. The electronic meeting can be accessed by _______________________________________________________________ or by dialing ________________ Code: ________________ 6. The City Clerk is directed to cause a notice of the assessment public hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the public hearing and shall state in the notice the total cost of the improvement. 7. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the public hearing. December 14, 2020 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. Feasibility Report Northwest Area Mill & Overlay Page 1 Public Works Dept Engineering Division Phone: 763-569-3340 FAX: 763-569-3440 FEASIBILITY REPORT FOR NORTHWEST AREA MILL & OVERLAY IMPROVEMENT PROJECT NO. 2021-06 CITY OF BROOKLYN CENTER, MINNESOTA DECEMBER 7, 2020 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota _____________________________ Michael J Albers, P.E. Reg. No. 47074 December 7, 2020 Feasibility Report Northwest Area Mill & Overlay Page 2 I. BACKGROUND In 2021, the City of Brooklyn Center is entering the 28th year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City’s aging streets, water main, sanitary sewer, storm sewers, sidewalks, trails and street lights. The City’s Capital Improvement Program (CIP) identifies the Northwest Area of the Willow Lane Neighborhood for pavement reconditioning in 2021. The proposed project includes a roadway mill and overlay, minor concrete curb repairs, minor utility improvements within the project limits as shown on Figure 1. The Northwest Area improvements extend from 69th Avenue to 71st Avenue and from Perry Avenue to Toledo Avenue. This report was prepared in response to City Council Resolution No. 2020-94 dated October 26, 2020, directing staff to prepare a feasibility report and collect public input for the proposed project. A public informational meeting with property owners located within the project area will be scheduled shortly. The 2021 project area consists of approximately 6,819 feet of streets. The project consists of approximately 119 residential properties that are zoned "R1" and 1 school property that is zoned "R1". Feasibility Report Northwest Area Mill & Overlay Page 3 Figure 1: Project Area Feasibility Report Northwest Area Mill & Overlay Page 4 II. STREET IMPROVEMENTS A. EXISTING CONDITIONS A majority of the Northwest Area was originally constructed in 1955 as the Millers Willow Lane Addition. The Northwest Area was most recently reconstructed in 1994. The existing streets within the project area are an urban section that is 30 feet wide with curb and gutter, which is typical for most low volume residential streets in Brooklyn Center. A concrete sidewalk exists along the east side of Perry Avenue from 69th Avenue to 71st Avenue and along the south side of 71st Avenue from Perry Avenue to Brooklyn Boulevard. Some sections of deteriorated concrete sidewalk were identified within the project area. An existing pavement evaluation was conducted resulting with the road surface showing signs of deterioration such as some lateral cracking throughout the project area and moderate potholes have occurred in some locations. The existing pavement section within project area generally consist of 3 inches of bituminous pavement and 6 inches of aggregate base per the typical section in 1994. Additionally, limited sections of deteriorated concrete curb and gutter were identified within the project area. The current roadway configuration has been in-place for 25 years and appears to be functioning adequately. Traffic counts within the Northwest Area are not projected to substantially increase in the future. Major changes in local traffic patterns are not anticipated as a result of the proposed mill and overlay of the street segments. The existing street configuration is expected to be sufficient to convey existing and future anticipated traffic volumes. B. PROPOSED STREET IMPROVEMENTS Based on the age, condition and maintenance needs of the existing bituminous asphalt pavement surface, the recommended pavement improvements consist of a mill and overlay rehabilitation of the existing pavement with the exception of Perry Avenue and 71st Avenue east of Perry Avenue. The complete full depth pavement replacement of the street surface is warranted for the entire length of Perry Avenue and 71st Avenue east of Perry Avenue. The existing concrete curb and gutter throughout the project area has not exceeded its life expectancy and can be suitably rehabilitated with spot repairs. Approximately 20 percent of the concrete curb and gutter and concrete driveway aprons are estimated to be replaced due to heaving/settling issues and as warranted or impacted by other construction (e.g. public utility repairs). In accordance with the Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City’s Complete Streets Policy ensures that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. Additionally, the Safe Routes to School Planning (SRTS) Assistance Memorandum prepared by MnDOT in June 2013 and the Pedestrian & Bicycle Plan (P&BP) adopted in March 2014 are used to plan additional sidewalk and trail routes. The SRTS and the P&BP did not identified missing sidewalk/trail connections and no additional pedestrian or bicycle facilities were identified within the project area. Feasibility Report Northwest Area Mill & Overlay Page 5 Based on these considerations, the following strategies and improvements are recommended: • An estimated 10 percent of the sidewalks throughout the project along are warranted to be replaced due to heaving/settling issues. • Pedestrian curb ramps will be constructed throughout the project at each crosswalk location with truncated dome detectable warning systems in compliance with the Americans with Disabilities Act (ADA). Disturbed boulevard areas will be restored with topsoil and sod. Feasibility Report Northwest Area Mill & Overlay Page 6 III. STREET LIGHTING SYSTEM A. EXISTING CONDITIONS The street improvement program has historically included the replacement of free-standing street lights located within the project area. Free-standing street lights are defined as lights mounted on poles which do not contain any other overhead utilities attached to them. The existing street light system throughout the project generally consists of fiberglass free-standing lights that have underground power service with a rectilinear light fixture. Other street lights in the neighborhood exist on multiuse-type poles, which are unable to be removed and therefore are not planned to be replaced. The existing street lights on multiuse poles within the project area have overhead power service with cobra-head type LED light fixtures. B. PROPOSED STREET LIGHTING IMPROVEMENTS No street light improvements are included within the scope of this project. IV. STORM DRAINAGE AND TREATMENT SYSTEM A. EXISTING CONDITIONS The project area is located within the Shingle Creek Watershed Management Commission area and ultimately flows to the Mississippi River. The existing storm drainage system in the project area consists of a network of storm sewer pipes installed in 1994 and range in size from 15 to 42-inch diameter reinforced concrete storm sewer pipes. A televising of the storm sewer in this area was conducted in 2020 and it was found to be in good condition. B. PROPOSED DRAINAGE IMPROVEMENTS Storm sewer improvements will be made to the existing system that includes replacing catch basins casting and adjustments as necessary within the project area. V. SANITARY SEWER SYSTEM A. EXISTING CONDITIONS The existing sanitary sewer throughout the project area is generally 8-inch to 10-inch diameter polyvinyl chloride (PVC) that was installed in 1994. The majority of the existing sanitary sewer on Perry Ave is 8- inch vitrified clay pipe (VCP) that was installed in 1956. All public sanitary sewer pipes were inspected with remote televising equipment in 2019. The condition of the sanitary sewer system within the area is rated as good with the exception of the root saw areas on Perry Avenue, see Figure 2. B. PROPOSED SANITARY SEWER IMPROVEMENTS Sanitary sewer improvements will be made to the existing system that includes lining portions of the 8- inch diameter VCP sanitary sewer trunk lines on Perry Avenue from 69th Avenue to 71st Avenue is recommended due to the age and pipe material of the collection system. Other sanitary sewer improvements also include replacing manhole castings and lids within the project area as necessary. The replacement of the castings with external seals will help minimize inflow and infiltration of rainwater into the sanitary sewer system. Feasibility Report Northwest Area Mill & Overlay Page 7 Figure 2: Sanitary Sewer Root Saw Locations Feasibility Report Northwest Area Mill & Overlay Page 8 VI. WATER SYSTEM A. EXISTING CONDITIONS A majority of the water main within the project area consists of 6-inch diameter ductile iron pipe (DIP) installed in 1994. The remaining water main on Perry Avenue consists of 6” diameter cast iron pipe (CIP) installed in 1956. Records indicate 1 main break and 1 service repair have occurred within the neighborhood on Perry Avenue, and 1 property has experienced a frozen water service in past winters (See Figure 3). However, the water main is in fair to good condition and has not approached the end of its life cycle. B. PROPOSED WATER MAIN IMPROVEMENTS Water main improvements include replacement of approximately half the valves and hydrants in the project area. Shallow services that have been susceptible to freezing will be insulated from the water main to approximately the water curb stop. Feasibility Report Northwest Area Mill & Overlay Page 9 Figure 3: Water Main Feasibility Report Northwest Area Mill & Overlay Page 10 VIII. RIGHT-OF-WAY AND EASEMENTS Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. It is not anticipated that the City will need to obtain any additional easements for any existing or proposed improvement located within the roadway. If necessary, any identified easement needs during final design will be further coordinated with the City Attorney and the identified property owners. IX. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $1,750,000. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A. FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $990,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for street improvements are proposed in accordance with the 2021 rates. The standard 2021 residential street assessment rate for street rehabilitation is $1,556 per R1 zoned residential property. This rate would be assessed to all benefitting single family residential properties within the project area (see Figure 4). For R1 properties which may be legally subdividable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unity R1 assessment. The lot located at 7020 Perry Avenue is legally subdividable and would be assessed accordingly. City owned properties are not proposed to be assessed. A total estimated special assessment amount of $199,168.00 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund. A summary of the proposed special assessments for street improvements is provided in Appendix A. C. FUNDING FOR UTILITY IMPROVEMENTS The estimated cost of storm drainage improvements is $430,000; the estimated cost of sanitary sewer improvements is $190,000; and the estimated cost for water main improvements is $140,000. As previously noted, these total cost estimates include the costs for project administration, engineering, legal and construction contingency. All costs for water and sanitary sewer improvements will be funded by their respective utility funds in accordance with established policy for such improvements. Feasibility Report Northwest Area Mill & Overlay Page 11 Table 1: Cost and Funding Feasibility Report Northwest Area Mill & Overlay Page 12 Figure 4: Assessment Map Feasibility Report Northwest Area Mill & Overlay Page 13 X. RECOMMENDED PROJECT SCHEDULE Table 2 is the preliminary schedule for the project. Table 2. 2021 Northwest Area Mill & Overlay Project – Schedule Action Target Date City Council Receives Feasibility Report, Declares Cost to be Assessed and Calls for Public Hearings December 14, 2020 City Council Holds Public Hearing, Authorizes the Project and Orders Preparation of Plans and Specifications January 25, 2021 City Council Approves Plans and Specs and Authorizes Advertisement for Bids February 2021 City Receives and Opens Project Bids March/April 2021 City Council Considers Award of Contract April 2021 Start Project Construction Summer 2021 Construction Substantially Complete October 2021 XI. CONCLUSIONS AND RECOMMENDATIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report Northwest Area Mill & Overlay Appendix A DRAFT Proposed Pending Assessment Roll PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES 2811921430032 5106 70th AVE N 1,556.00$ R1 2811921430033 5112 70th AVE N 1,556.00$ R1 2811921430034 5118 70th AVE N 1,556.00$ R1 2811921430035 5200 70th AVE N 1,556.00$ R1 2811921430036 5206 70th AVE N 1,556.00$ R1 2811921430037 5212 70th AVE N 1,556.00$ R1 2811921430038 5218 70th AVE N 1,556.00$ R1 2811921430039 5224 70th AVE N 1,556.00$ R1 2811921410129 4824 71st AVE N 1,556.00$ R1 2811921410137 4825 71st AVE N 1,556.00$ R1 2811921410130 4830 71st AVE N 1,556.00$ R1 2811921410136 4831 71st AVE N 1,556.00$ R1 2811921410131 4836 71st AVE N 1,556.00$ R1 2811921410132 4842 71st AVE N 1,556.00$ R1 2811921440069 5000 71st AVE N 1,556.00$ R1 2811921440070 5006 71st AVE N 1,556.00$ R1 2811921440071 5012 71st AVE N 1,556.00$ R1 2811921440072 5018 71st AVE N 1,556.00$ R1 2811921430023 5024 71st AVE N 1,556.00$ R1 2811921440012 6900 PERRY AVE N 1,556.00$ R1 2811921440010 6901 PERRY AVE N 1,556.00$ R1 2811921440011 6906 PERRY AVE N 1,556.00$ R1 2811921440009 6907 PERRY AVE N 1,556.00$ R1 2811921440008 6913 PERRY AVE N 1,556.00$ R1 2811921440007 6919 PERRY AVE N 1,556.00$ R1 2811921440006 6925 PERRY AVE N 1,556.00$ R1 2811921440005 6931 PERRY AVE N 1,556.00$ R1 2811921440024 7001 PERRY AVE N 1,556.00$ R1 2811921440023 7007 PERRY AVE N 1,556.00$ R1 2811921440022 7013 PERRY AVE N 1,556.00$ R1 2811921440021 7019 PERRY AVE N 1,556.00$ R1 2811921440074 7020 PERRY AVE N 14,004.00$ Subdividable R1 = 9 equivalent parcels 2811921440020 7025 PERRY AVE N 1,556.00$ R1 2811921440019 7031 PERRY AVE N 1,556.00$ R1 2811921440018 7037 PERRY AVE N 1,556.00$ R1 2811921440017 7043 PERRY AVE N 1,556.00$ R1 2811921440016 7049 PERRY AVE N 1,556.00$ R1 2811921440015 7055 PERRY AVE N 1,556.00$ R1 2811921410135 7060 PERRY AVE N 1,556.00$ R1 2811921410134 7061 PERRY AVE N 1,556.00$ R1 2811921410133 7067 PERRY AVE N 1,556.00$ R1 2811921440040 6900 QUAIL AVE N 1,556.00$ R1 2811921440054 6901 QUAIL AVE N 1,556.00$ R1 2811921440039 6906 QUAIL AVE N 1,556.00$ R1 2811921440053 6907 QUAIL AVE N 1,556.00$ R1 2811921440038 6912 QUAIL AVE N 1,556.00$ R1 2811921440052 6913 QUAIL AVE N 1,556.00$ R1 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL December 7, 2020 2021 NORTHWEST AREA MILL & OVERLAY IMPROVEMENT PROJECT NO. 2020-06 1 PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL December 7, 2020 2021 NORTHWEST AREA MILL & OVERLAY IMPROVEMENT PROJECT NO. 2020-06 2811921440037 6918 QUAIL AVE N 1,556.00$ R1 2811921440051 6919 QUAIL AVE N 1,556.00$ R1 2811921440036 6924 QUAIL AVE N 1,556.00$ R1 2811921440050 6925 QUAIL AVE N 1,556.00$ R1 2811921440035 6930 QUAIL AVE N 1,556.00$ R1 2811921440049 6931 QUAIL AVE N 1,556.00$ R1 2811921440048 6937 QUAIL AVE N 1,556.00$ R1 2811921440025 7000 QUAIL AVE N 1,556.00$ R1 2811921440047 7001 QUAIL AVE N 1,556.00$ R1 2811921440026 7006 QUAIL AVE N 1,556.00$ R1 2811921440046 7007 QUAIL AVE N 1,556.00$ R1 2811921440027 7012 QUAIL AVE N 1,556.00$ R1 2811921440045 7013 QUAIL AVE N 1,556.00$ R1 2811921440028 7018 QUAIL AVE N 1,556.00$ R1 2811921440044 7019 QUAIL AVE N 1,556.00$ R1 2811921440029 7024 QUAIL AVE N 1,556.00$ R1 2811921440043 7025 QUAIL AVE N 1,556.00$ R1 2811921440030 7030 QUAIL AVE N 1,556.00$ R1 2811921440042 7031 QUAIL AVE N 1,556.00$ R1 2811921440031 7036 QUAIL AVE N 1,556.00$ R1 2811921440041 7037 QUAIL AVE N 1,556.00$ R1 2811921440032 7042 QUAIL AVE N 1,556.00$ R1 2811921440033 7100 QUAIL AVE N 1,556.00$ R1 2811921440034 7106 QUAIL AVE N 1,556.00$ R1 2811921440068 6900 REGENT AVE N 1,556.00$ R1 2811921430007 6901 REGENT AVE N 1,556.00$ R1 2811921440067 6906 REGENT AVE N 1,556.00$ R1 2811921430006 6907 REGENT AVE N 1,556.00$ R1 2811921440066 6912 REGENT AVE N 1,556.00$ R1 2811921430005 6913 REGENT AVE N 1,556.00$ R1 2811921440065 6918 REGENT AVE N 1,556.00$ R1 2811921430004 6919 REGENT AVE N 1,556.00$ R1 2811921440064 6924 REGENT AVE N 1,556.00$ R1 2811921430003 6925 REGENT AVE N 1,556.00$ R1 2811921440063 6930 REGENT AVE N 1,556.00$ R1 2811921440062 7000 REGENT AVE N 1,556.00$ R1 2811921430031 7001 REGENT AVE N 1,556.00$ R1 2811921440061 7006 REGENT AVE N 1,556.00$ R1 2811921440060 7012 REGENT AVE N 1,556.00$ R1 2811921430030 7013 REGENT AVE N 1,556.00$ R1 2811921440059 7018 REGENT AVE N 1,556.00$ R1 2811921430029 7019 REGENT AVE N 1,556.00$ R1 2811921440058 7024 REGENT AVE N 1,556.00$ R1 2811921430028 7025 REGENT AVE N 1,556.00$ R1 2811921440057 7030 REGENT AVE N 1,556.00$ R1 2811921430027 7031 REGENT AVE N 1,556.00$ R1 2811921440056 7036 REGENT AVE N 1,556.00$ R1 2811921430026 7037 REGENT AVE N 1,556.00$ R1 2 PROPERTY ID HOUSE STREET NAME LEVY# STREET NOTES CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL December 7, 2020 2021 NORTHWEST AREA MILL & OVERLAY IMPROVEMENT PROJECT NO. 2020-06 2811921440055 7042 REGENT AVE N 1,556.00$ R1 2811921430025 7043 REGENT AVE N 1,556.00$ R1 2811921430024 7049 REGENT AVE N 1,556.00$ R1 2811921430008 6900 SCOTT AVE N 1,556.00$ R1 2811921430017 6901 SCOTT AVE N 1,556.00$ R1 2811921430009 6906 SCOTT AVE N 1,556.00$ R1 2811921430016 6907 SCOTT AVE N 1,556.00$ R1 2811921430010 6912 SCOTT AVE N 1,556.00$ R1 2811921430015 6913 SCOTT AVE N 1,556.00$ R1 2811921430011 6918 SCOTT AVE N 1,556.00$ R1 2811921430014 6919 SCOTT AVE N 1,556.00$ R1 2811921430012 6924 SCOTT AVE N 1,556.00$ R1 2811921430013 6925 SCOTT AVE N 1,556.00$ R1 2811921430018 6900 TOLEDO AVE N 1,556.00$ R1 2811921430046 6901 TOLEDO AVE N 1,556.00$ R1 2811921430019 6906 TOLEDO AVE N 1,556.00$ R1 2811921430045 6907 TOLEDO AVE N 1,556.00$ R1 2811921430020 6912 TOLEDO AVE N 1,556.00$ R1 2811921430044 6913 TOLEDO AVE N 1,556.00$ R1 2811921430021 6918 TOLEDO AVE N 1,556.00$ R1 2811921430043 6919 TOLEDO AVE N 1,556.00$ R1 2811921430022 6924 TOLEDO AVE N 1,556.00$ R1 2811921430042 6925 TOLEDO AVE N 1,556.00$ R1 2811921430041 6931 TOLEDO AVE N 1,556.00$ R1 2811921430040 6937 TOLEDO AVE N 1,556.00$ R1 Total Assessments 199,168.00$ 3 C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:C ornelius L. Boganey, C ity M anager S U B J E C T:Extens ion of Civil Law S ervices R F P Timeline for O ne Year B ackground: S ec/on 2.81 of C ity C ouncil G eneral Policies s tates that the Council resolves to reques t proposals for L egal Civil and C riminal S ervices on an alterna/ng four year bas is , beginning in 1997 for C riminal L aw and 1999 for C ivil L aw S ervices unles s there is jus /fica/on for an earlier request. Bas ed on the s ubject policy a Civil Legal S ervice R F P s hould have been solicited in 2019 and the Criminal S ervices is due in 2021. Mistakenly, I believed that Civil Legal R F P w as due in 2020 and had planned to proceed with this process in the current year. Unfortunately, the pandemic as s ociated condi/ons s ignificantly disrupted our ability to proceed in the current year. Therefore, I am reques /ng that the Council amend the S chedule so that Reques t For P ropos als for Criminal and C ivil L egal S ervices both occur in 2021. At the /me of s olicita/on the C ouncil may determined if the dates going forw ard s hould remain in the same year or alternate as the current policy pres cribes . B udget I ssues: N A S trategic Priories and Values: O pera/onal Excellence C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran Cote, P.E., D irector of P ublic Works BY:M ike A lbers, P.E., C ity Engineer S U B J E C T:Res olu,on A ccep,ng Feasibility Report, D eclaring Costs to be A s s essed and C alling for I mprovement and A sses s ment P ublic H earings for I mprovement P roject Nos. 2021-08, 09, 10 and 11, Ryan Lake I ndus trial Park A rea S treet and U,lity I mprovements B ackground: The project w as es tablished by the C ity C ouncil on O ctober 2 6 , 2020, by Res olu,on 2020-96, for the area commonly referred to as Ryan L ake I ndus trial Park A rea. This ac,on w as taken in accordance with the Capital I mprov ement P r ogr am (C I P ), w hich iden,fies Ry an L ake I ndus trial Park A rea for improvements during the 2021 construc,on season. The a>ached feasibility report prov ides a summary of the project ev alua,on proces s and preliminary layout of s tr eet and u,lity impr ovements . The report als o includes the res ults of a property ow ner ques,onnaire that was mailed to all pr oper ty ow ners w ithin the project areas . A public informa,onal mee,ng w as conducted on D ecember 2, 2 0 2 0 , to provide proj ect informa,on to pr oper ty ow ners and tenants within the project area and gain addi,onal input from the public. The informa,onal mee,ng w as generally posi,ve in nature with the maj ority of ques,ons and concerns rela,ng to acces s during cons tric,on, impacts to landscaping /boulevards and project s chedule. A formal pres enta,on of the feas ibility for the project is planned at the public hearing. The a>ached res olu,on declares certain proj ect cos ts to be as s essed for the Ryan L ake I ndus trial Par k A rea S treet and U,lity I mprovements and calls for a public hearing on the propos ed s pecial as s es s ments on January 25, 2 0 2 1 , immediately follow ing the impr ovement public hearing. I f approv ed by the C ity C ouncil, legal no,ce w ould be published and all pr oper ty owners who could poten,ally be as s essed for improvements w ould receiv e a N o,ce of P ublic H earings v ia mail. S taff r ecommends that the C ity Council cons ider holding the s pecial as s es s ment public hear ing immediately following the project improvement public hearing. The pur pos e of holding the s pecial asses s ment public hearing pr ior to beginning the pr oject is to assure that any obj ec,ons to or appeals of the as s es s ments are known pr ior to enter ing into a cons truc,on contract or is s uing bonds to finance the as s es s ed por ,on of the project. The establis hed as s essment r ate w ould s et the maximum levy amounts , guaranteeing property ow ners of the final cost they w ill pay for the pr oject. S pecial asses s ments for this project have been calculated in accordance w ith the C ity ’s S pecial A s s essment Policy. B udget I ssues: The total project cost for the Ry an L ake I ndustrial Park A rea S tr eet and U ,lity I mprov ements is es,mated to be $1 ,370,0 0 0 . T he total s pecial as s essments for this proj ect ar e es ,mated to be $267,402.58 for s treet improvements and $96,421.01 for s torm drainage improvements. F unding s ources for the proj ect are pr opos ed from a variety of s ources as described in the feas ibility report. The D r aG S pecial A sses s ment L ev y Roll for I mpr ovement P roject Nos. 2021-08 and 2021-09 are included in A ppendix B of the feasibility report. S trategic Priories and Values: Key Transporta,on I nvestments AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 12/8/2020 Resolu,on Le>er Feas ibility Report 12/8/2020 Backup M aterial Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION ACCEPTING FEASIBILITY REPORT, DECLARING COSTS TO BE ASSESSED AND CALLING FOR IMPROVEMENT AND ASSESSMENT PUBLIC HEARINGS FOR IMPROVEMENT PROJECT NOS. 2021-08, 09, 10 AND 11, RYAN LAKE INDUSTRIAL PARK AREA STREET AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2020-96, directed the preparation of a feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Ryan Lake Industrial Park Area; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the total project cost for the Ryan Lake Industrial Park Area Street and Utility Improvements is estimated to be $1,370,000.00; the total cost of the street and storm drainage improvement portion of said project is estimated to be $363,823.59 and the project funding sources are currently estimated to be: Special Assessments $ 363,823.59 Sanitary Sewer Utility Fund $ 220,000.00 Water Utility Fund $ 310,000.00 Storm Drainage Utility Fund $ 123,578.99 Street Light Utility Fund $ 10,000.00 Street Reconstruction Fund $ 342,597.42 Total $ 1,370,000.00 WHEREAS, the City Clerk and City Engineer have prepared proposed assessment rolls showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer’s Feasibility Report for Ryan Lake Industrial Park Area Street and Utility Improvements is received and accepted. 2. Notice is hereby given that an on-line improvement public hearing will be RESOLUTION NO. _______________ held on the 25th day of January, 2021, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said improvements. The electronic meeting can be accessed by _____________________________________________________ or by dialing ________________ Code: ________________ 3. The City Clerk is directed to cause a notice of the improvement public hearing to be published in the official newspaper at least two weeks prior to the public hearing and shall state in the notice the total cost of the improvement. 4. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2021-08 is declared to be $267,402.58. That portion of the cost to be assessed against benefited property owners for storm drainage improvements included in City Improvement Project No. 2021-09 is declared to be $96,421.01. 5. Notice is hereby given that an on-line assessment public hearing will be held on the 25th day of January, 2021, at 7:00 p.m. or as soon thereafter as part of the regular City Council meeting as the matter may be heard to pass upon said assessment and at such time and place all persons owning property affected by said improvements will be given the opportunity to be heard with reference to said assessment. The electronic meeting can be accessed by _______________________________________________________________ or by dialing ________________ Code: ________________ 6. The City Clerk is directed to cause a notice of the assessment public hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the public hearing and shall state in the notice the total cost of the improvement. 7. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the public hearing. December 14, 2020 Date Mayor ATTEST: City Clerk RESOLUTION NO. _______________ 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. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 1 Public Works Dept Engineering Division Phone: 763-569-3340 FAX: 763-569-3440 FEASIBILITY REPORT FOR RYAN LAKE INDUSTRIAL PARK AREA STREET AND UTILITY IMPROVEMENTS IMPROVEMENT PROJECT NOS. 2021-08, 09, 10 and 11 CITY OF BROOKLYN CENTER, MINNESOTA December 7, 2020 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota _____________________________ Michael J Albers, P.E. Reg. No. 47074 December 7, 2020 Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 2 I. BACKGROUND In 2021, the City of Brooklyn Center will be entering the 28th year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City’s aging streets, water main, sanitary sewer, storm sewers, sidewalks, trails and street lights. The City’s Capital Improvement Program identifies the Ryan Lake Industrial Park Area for reconstruction in 2021. The proposed project includes roadway and utility improvements within the project limits shown on Figure 1. The Ryan Lake Industrial Park Area project includes 48th Avenue and Dusharme Drive from Drew Avenue to the dead end and 47th Avenue from Drew Avenue to the dead end. This report was prepared in response to City Council Resolution No. 2020-96 dated October 26, 2020, directing staff to prepare a feasibility report and collect public input for the proposed project. Staff conducted a public informational meeting with residents and property owners located within the project area on December 2, 2020. A resident questionnaire and letter were also distributed as part of the project evaluation process. A summary of property owner comments is provided in Appendix A. The 2021 project area consists of approximately 1,290 feet of streets and utilities. The area consists of 3 multi-family properties that are zoned “R5”, and 10 properties that are zoned “Industrial”. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 3 Figure 1: Project Area Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 4 II. STREET IMPROVEMENTS A. EXISTING CONDITIONS The majority of the local streets within the proposed project area were most recently improved between 1958 and 1960 resulting in the existing street pavement being in service for approximately 60 years. 47th Avenue is generally 30 feet wide, which is typical for most low volume residential streets in Brooklyn Center. 48th Avenue and Dusharme Drive is approximately 36 feet wide. The roadways within the project area are very flat and do not have concrete curb and gutter. The bituminous asphalt pavement has aged and is showing significant fatigue and distress. The typical service life for bituminous pavement is approximately 30 years. Generally, it is no longer cost-effective to routinely maintain these streets with seal coating or thin overlay procedures. Complete reconstruction is warranted. A geotechnical investigation will be performed within the project area to obtain and analyze soil samples below the street pavement. The geotechnical evaluation report typically contains information regarding the subsurface soil and groundwater conditions and appropriate design and construction recommendations. Soil borings are anticipated to indicate fair to good soils. Traffic within the project area is generally limited to local traffic access to residential multi-family properties on 47th Avenue and commercial properties on 48th Avenue within the area. Traffic counts within the area are not projected to substantially increase in the future because the project is bound by Ryan Lake on the east, the railroad on the north and Highway 100 on the west. B. PROPOSED STREET IMPROVEMENTS Based on the age and condition of the existing bituminous asphalt pavement surfaces and the proposed replacement of underlying utilities in certain locations, complete replacement of the street surface is warranted. Proposed street improvements include full depth reconstruction for the existing streets to a width of 30 feet for 47th Avenue and 36 feet for 48th Avenue and Dusharme Drive. 47th Avenue and Dusharme Drive are both dead-end streets that terminate with a bulb cul-de-sac. These cul-de-sacs will be reviewed for turning movements and for storm water inlet placement during final design. The existing soil material is will be review with the future geotechnical report and are expected to provide a stable foundation to support the proposed street and utility improvements. The roadway subgrade consists of good soils and is planned to be reclaimed (recycled) in place to be reused as the new aggregate base for the proposed street section. Removal of poor soils in isolated areas throughout the project for utility and or roadway construction will be performed as recommended in the geotechnical report and as determined in the field during construction. The installation of concrete curb and gutter is proposed with the reconstruction of the streets within the project area. Concrete curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The street grades will also be designed to provide improved drainage to the storm sewer system. The proposed street reconstruction does not include substantial changes to the roadway width, alignment or elevation. In accordance with the Complete Streets Policy adopted by the City in 2013, all streets and trail projects, including design, planning, reconstruction, rehabilitation, maintenance or operations by the City of Brooklyn Center shall be designed and executed in a responsible, equitable and financially reasonable Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 5 way to accommodate and encourage travel by bicyclists, pedestrians, public transportation, emergency and commercial vehicles in a balanced manner. Implementation of the City’s Complete Streets Policy ensures that the needs and safety of pedestrians, bicyclists, motorists and transit riders of all ages and abilities are taken into account in the design and operation of roads. Additionally, the Safe Routes to School Planning (SRTS) Assistance Memorandum prepared by MnDOT in June 2013 and the Pedestrian & Bicycle Plan (P&BP) adopted in March 2014 are used to plan additional sidewalk and trail routes. The SRTS and the P&BP did not identified missing sidewalk/trail connections and no additional pedestrian or bicycle facilities were identified within the project area. It should also be noted that in-depth property surveys are not performed and when constructing the new driveway aprons, the determined location generally matches existing driveway locations and widths. It is not the intent under this project to verify and fix driveway-property line issues, which sometimes exist. Rather, the construction under this project generally occurs within City right-of-way. Other improvements include the installation of concrete driveway aprons, the replacement of trees that are impacted, replacement of landscaping elements and irrigation systems that are impacted and deficient segments of sidewalk are proposed to be repaired as warranted or impacted. Disturbed boulevard areas will be restored with topsoil and sod. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 6 III. STREET LIGHTING SYSTEM A. EXISTING CONDITIONS The capital improvement program has historically included the replacement of free-standing street lights located within the project areas. Free-standing street lights are defined as lights mounted on poles, which do not contain any other overhead utilities attached to them. There are currently two (2) free-standing street lights within the project area. These lights consist of older style wood utility poles that have been in service for many years, most likely dating back to the original construction of the area. The existing free-standing street lights have overhead power services with a LED cobra-head type light fixtures. Other street lights in the area exist on multiuse-type poles, which are unable to be removed and therefore are not planned to be replaced. There is currently one (1) street light on a multiuse pole within the project area. The City’s Street Light Policy states that street lights may be provided at street intersections and at mid- block locations where the distance between intersections exceeds 700 feet. Street lights are currently located at all intersections and at most of the longer blocks that exceed 700 feet with minor exceptions. B. PROPOSED STREET LIGHTING IMPROVEMENTS The recommended street light improvements include replacement of the two (2) existing free-standing street lights with fiberglass poles, cut-off type LED light fixtures and underground power services. Other street lights that are mounted on multiuse transmission/distribution poles within the area are not proposed to be modified with this project (see Figure 2); however, Xcel Energy has indicated that all Xcel Energy-owned cobra head-style streetlights on multiuse poles in the project area currently have LED fixtures. In accordance with City policy, mid-block street lights may be installed where the block exceeds 700 feet in length upon receipt of a petition signed by a majority of the property owners on the block, including signatures of the property owners adjacent to the specific location where such mid-block light is requested. Staff received an inquiry about adding a street lights at the intersection of 48th Avenue and Dusharme Drive through the public outreach efforts of the project but staff has not received any formal requests/petitions for additional street lights. Adding new street lights will be coordinated and evaluated during the final design stages of the project with the property owners that would be directly affected by adding new street lights. Should the appropriate petitions be received, additional lighting will be included in the project lighting improvements. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 7 Figure 2: Street Light Exhibit Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 8 IV. STORM DRAINAGE AND TREATMENT SYSTEM A. EXISTING CONDITIONS The project area is located within the Shingle Creek Watershed Management Commission area and the majority of the storm water flows to Ryan Lake. The existing storm drainage system in the project area consists of a network of public storm sewer pipes installed in 1960 and is generally undersized by today’s standards (see Figure 3). The surface water within the majority of the area flows to a storm drainage systems on 47th Avenue and 48th Avenue, discharging into Ryan Lake. The storm drainage systems consist of 15-inch reinforced concrete pipe installed in 1960. A televising inspection of the existing storm sewer is currently being conducted and will further be evaluated during final design. A cursory review of the existing underground pipe network in this area found the pipe to be in fair to good condition with some isolated issues identified in several areas that warrant repair. There are some isolated areas within the project area that experience localized flooding due to the flat topography within the project area. A few comments from property owners indicated a lack of adequate drainage facilities within the area and were mostly related to standing water along the edge of the street and at driveways. However, no major flooding issues have been identified. B. PROPOSED DRAINAGE IMPROVEMENTS Storm sewer improvements will be made to the existing system that includes replacing/repairing catch basins and laterals where necessary. As indicated, the storm sewer system is to some extent undersized. A more complete system is proposed to be installed including multiple new trunk and lateral lines and catch basins in several areas. This expansion of the drainage system and installation of additional pipes and catch basin structures will help minimize localized drainage problems. The existing public storm sewer system within the street right-of-way will be reconstructed. Proposed water quality improvements include installing sump catch basins at select discharge locations where feasible. Additionally, infiltration basins (rain gardens) could be incorporated in the project area within the boulevard areas where adjacent property owners volunteer and agree to these gardens. An infiltration basin consists of a relatively small area of plantings within a constructed depression located behind the street curb. Rainwater is routed to the areas from the street gutter and infiltrates naturally by plants and soils in the garden. This infiltration process removes nutrients and pollutants. By acting as a small detention pond, the rain garden plants and soils also provide a natural way of reducing the amount of runoff water that flows from rooftops, lawns, driveways and streets directly into the storm sewer system. The underground treatment chambers and infiltration basins are recommended for this project in certain areas to help meet the City’s storm water treatment goals and requirements. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 9 Figure 3: Storm Sewer Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 10 V. SANITARY SEWER SYSTEM A. EXISTING CONDITIONS The existing sanitary sewer collection system within the project area consists of eight-inch diameter vitrified clay pipe (VCP) sewer mains. The majority of the sanitary sewer system was installed in 1960. Due to the age and materials used in the original construction of the sanitary sewer, almost all of the sanitary sewer mains within the project area are subjected to frequent issues with root intrusion. Public Works crews must perform root sawing and jetting on an annual basis to maintain the system conveyance capacity and avoid sewer back-ups in many locations (see Figure 4). The sanitary sewer flows to a trunk line located west of the project area. During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. These inspections confirmed that portions of the sanitary sewer have moderate to severe problems with root intrusion, sags and sections of cracked and broken pipe along pipe joints and at many services. Surveys received from residents also indicate some occurrences of sewer service line blockage that are often attributed to root penetration of the service pipe joints and connection points. Figure 5 illustrates a typical section of sewer pipe with moderate root intrusion problems. The project contains many segments of sanitary sewer that are in likewise or worse condition. Figure 4: Sanitary Sewer Line, Tree Root Intrusion B. PROPOSED SANITARY SEWER IMPROVEMENTS Complete replacement of the public eight-inch diameter VCP sanitary sewer mains within the project area is recommended due to the extent of root intrusion, sags and cracked pipe within the collection system, see Figure 5. Isolated replacement of the problem areas is not cost effective. In accordance with past City construction practice, individual service lines between the sewer main and the property line would also be replaced. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 11 Figure 5: Sanitary Sewer Root Saw Locations Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 12 VI. WATER SYSTEM A. EXISTING CONDITIONS A majority of the water main within the project area consists of 6-inch and 10-inch cast iron pipe (CIP) installed between 1958 and 1960. The water main pipe velocities in the Ryan Lake Area are all relatively low due to low domestic demands in the residential area as confirmed by water distribution modeling. A majority of the existing water main in the project area is assumed to be unlined CIP. There is no history of water main break within the project area (see Figure 6). No properties were identified to have had frozen service issues. The water main is in fair to good condition and has not approached the end of its life cycle. B. PROPOSED WATER MAIN IMPROVEMENTS Recommended water main improvements include complete replacement of the existing cast iron water main with new ductile iron water main, see Figure 6. The 2017 Water Supply Plan recommends upsize the water main on 47th Avenue east of Drew Avenue to the three story apartments with 10-inch diameter pipes. The proposed improvements include replacement of the water services extending from the water main in the street to the water curb stop located at the front property line. Replacement pipe materials include ductile iron pipe, which is more resistant to corrosion than cast iron pipe, and copper service pipe. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 13 Figure 6: Water Main Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 14 VII. PARK IMPROVEMENTS There are no planned improvements to parks as part of this project. No new parks or other public recreation facilities are planned as part of the project. VIII. RIGHT-OF-WAY AND EASEMENTS Generally, all public infrastructure owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. It is not anticipated that the City will need to obtain any additional easement for any existing or proposed improvement located within the roadway. If necessary, any identified easement needs during final design will be further coordinated with the City Attorney and the identified property owners. IX. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $1,370,000.00. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A. FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $610,000.00. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for street improvements are proposed in accordance with the City’s Special Assessment Policy. The multi-family properties (apartments) located at 3401 47th Avenue, 3501 47th Avenue and 3513 47th Avenue are zoned R5. There are 9 industrial properties located along 48th Avenue and Dusharme Drive. These properties would be assessed based on an area basis. An “A” zone benefit includes the area abutting the street to be improved, extended to the depth of 200-feet and a “B” zone of lesser benefit for the remainder of the property area. The “A” zone rate is based on assessing 70 percent of the total street project cost deemed to benefit the property and the “B” zone rate is based on 30 percent. Based on cost estimates for full street reconstruction, the full unit rate has been determined to be “A” zone rate of $0.5358 per square foot and a “B” zone rate of $0.2296 per square foot. It should be noted that historically the assessments have been levied based on estimated costs rather than actual costs, understanding that the project costs are levied at a reduced percentage (70 and 30 percents as indicated above). City owned properties are not proposed to be assessed. A total estimated special assessment amount of $267,402.58 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund. A summary of the proposed special assessments for street improvements is provided in Appendix B. B. FUNDING FOR STORM DRAINAGE IMPROVEMENTS The total estimated cost for storm drainage improvements within the project area is $220,000.00. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the City’s Special Assessment Policy. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 15 Storm sewer assessments for the R4, R5 & commercial properties have been computed similarly to the street assessments. Based on preliminary cost estimates for the storm sewer improvements, the full unit rate has been determined to be an “A” zone rate of $0.1932 per square foot and a “B” zone rate of $0.0828 per square foot. On this basis, a total estimated special assessment amount of $96,421.01 would be levied for storm sewer improvements. A summary of the proposed special assessments for storm drainage improvements is provided in Appendix B. C. FUNDING FOR UTILITY IMPROVEMENTS The estimated cost of sanitary sewer improvements is $220,000.00; the estimated cost for water main improvements is $310,000.00; and the estimated cost for street light replacement is $10,000.00. As previously noted, these total cost estimates include the costs for project administration, engineering, legal and construction contingency. All costs for water, sanitary sewer and street light improvements will be funded by their respective utility funds in accordance with established policy for such improvements. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 16 Table 1: Cost and Funding Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 17 Figure 7: Assessment Map Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Page 18 X. RECOMMENDED PROJECT SCHEDULE Table 2 is the preliminary schedule for the project. Table 2. Ryan Lake Industrial Park Area Reconstruction Project – Schedule Action Target Date City Council Receives Feasibility Report, Declares Cost to be Assessed and Calls for Public Hearings December 14, 2020 City Council Holds Improvement Public Hearing, Authorizes the Project and Orders Preparation of Plans and Specifications January 25, 2021 City Council Holds Assessment Public Hearing and Certify Assessment Roll January 25, 2021 City Council Approves Plans and Specs, and Authorizes Advertisement for Bids February 2021 City Receives and Opens Project Bids March/April 2021 City Council Considers Award of Contract April 2021 Start Project Construction Summer 2021 Construction Substantially Complete October 2021 XI. CONCLUSIONS AND RECOMMENDATIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare and economic health of the entire community. As a result of the infrastructure needs described and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective and feasible. Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Appendix A Resident Questionnaire Resident Comments (OVER) QUESTIONNAIRE 2021 Ryan Lake Industrial Park Area Reconstruction Project __________________________________________________________________________________________ This questionnaire will help the City of Brooklyn Center Engineering staff to better understand the infrastructure needs and issues in your neighborhood. This survey can be returned in person to our drop box in front of the City Hall entrance, or by mail to: City of Brooklyn Center/Engineering Division, 6301 Shin gle Creek Parkway, Brooklyn Center, MN 55430; by fax at 763-569-3440; or by email at: publicworks@ci.brooklyn-center.mn.us. Please return this survey by November 20, 2020. You may also contact us at 763-569-3340 to discuss these issues. Please be advised we will contact you in the near future via mail regarding a meeting which will be held this fall. At the meeting we will gather additional information and solicit your input. Thank you for your cooperation in providing this important survey! _________________________________________________________________________________________ 1. Contact Information: Name: _________________________________________________________________________ Address: _________________________________________________________________________ Email Address: ___________________________________________________________________ Phone Number: ___________________________________________________________________ 2. Our televised sewer inspections typically identify sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as line plugging or having the service cleaned out to the street? If yes, how often? 3. Typically, improvements to the storm drainage system are needed. Do you have a problem with drainage or flooding in the street, your yard or basement? 4. Do you have a lawn irrigation (or sprinkler) system located within your property? Please circle one: Yes No 5. Do you experience problems relating to the water distribution system such as water pressure, taste, odor or color? 6. Do you have a sump pump in your basement? Please circle one: A. Yes, my sump pump runs frequently (at least once every day) B. Yes, my sump pump runs less frequently C. No, I do not have a sump pump or do not use my sump pump D. Unknown 7. Do you have draintile on you property? Please circle one: A. Yes, it drains to the yard B. Yes, it connects to the storm sewer system C. No, I do not have draintile on my property. D. Unknown 8. A rain garden is simply a "sunken" flowerbed, designed to retain and infiltrate as much storm water as possible. The benefit to the environment is reduction in the amount of storm water entering our ponds, lakes and streams. If it is feasible to do so, do you wish to have a rain garden placed in the boulevard on your property? (If interested, further rain garden information will be provided this winter.) Please circle one: Yes No Maybe 9. The City’s policy pertaining to sidewalk improvements is that sidewalks are not typically installed on local “residential” streets unless the City Council orders the construction of sidewalks when such construction is warranted. Do you feel your neighborhood needs additional sidewalks? Please circle one: Yes No If yes, where? 10. The City’s policy pertaining to spacing of existing street lights is to provide for lighting at intersections and at mid-block locations where spacing exceeds 700-feet. Do you feel your neighborhood needs additional street lighting? Please circle one: Yes No If yes, where? 11. Does anyone in your household have any respiratory illness or concerns including, but not limited to asthma or chronic obstructive pulmonary disease (COPD) that could be affected by dust and air quality issues? If yes, please explain below. 12. What other concerns, comments and/or issues do you have pertaining to the streets, sidewalks, utilities, etc., in your neighborhood? Should you have questions or need more information, please contact the Engineering Division at 763-569-3340. Please return by November 20, 2020 to: Engineering Division City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FAX 763-569-3440 Email: publicworks@ci.brooklyn-center.mn.us Sanitary (2) Storm (3) Sprinkler System (4) Water (5) Sump Pump (6) Draintile (7) Rain Garden (8)Sidewalk (9)If yes, where? (9a) Streetlights (10)If yes, where? (10a)Respiratory illness, health concerns, etc. (11) Comments/Concerns/Issues re: streets, sidewalks, utilities, etc. (12) Yes, but not very often. We have flooding in the street in front of 3401/3413 when we get a bad storm. No We have issues with black sediment, from time to time. Some residents need to run their water before using it. No, I do not have a sump pump or do not use my sump pump No, I do not have draintile on my property. Maybe No No The east side of 47th Ave is in need of resurfacing/repair. No, never had done that I can recall. No storm drains on 48th Ave. Yes Yes, sometimes it is rusty looking. No, I do not have a sump pump or do not use my sump pump No, I do not have draintile on my property. No No Business Park Yes Rather far apart. The street should have been replaced twenty years past. No Yes, the street drains into our driveway/parking. We would like to create permeable paving parking but can't because of city street elevation. No, in future yes.Yes, very hard, bad taste, quality. No, I do not have a sump pump or do not use my sump pump No, I do not have draintile on my property. Maybe No Yes High crime area No The street drains into our front drive and parking. We are planning to build major landscape improvements like permeable paving, rain gardens, etc., but need this fixed by the city. Also, we have no curbs. Sod goes into street. 48th Avenue N Ryan Lake Industrial Park Area Street and Utility Improvements 2021 Survey Summary Results 47th Avenue N Ryan Lake Industrial Park Area Street and Utility Improvements 2021 1 Survey Summary Results Feasibility Report Ryan Lake Industrial Park Area Street and Utility Improvements Appendix B DRAFT Proposed Pending Assessment Roll PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 1011821420038 3401 47th AVE N 39,565.15$ $14,266.49 Multi Family R5 (A) 73,843.13 sf, (B) 0 sf 1011821420030 3501 47th AVE N 13,926.79$ $5,021.75 Multi Family R5 (A) 25,992.52 sf, (B) 0 sf 1011821420029 3513 47th AVE N 13,926.81$ $5,021.76 Multi Family R5 (A) 25,992.55 sf, (B) 0 sf 1011821420019 3400 48th AVE N 16,235.28$ $5,854.15 Industrial (A) 30,301 sf, (B) 0 sf 1011821420015 3401 48th AVE N 14,772.82$ $5,326.86 Industrial (A) 25,787.88 sf, (B) 4,162.32 sf 1011821420018 3410 48th AVE N 12,840.81$ $4,630.17 Industrial (A) 23,961.01 sf, (B) 10.90 sf 1011821420014 3415 48th AVE N 14,569.41$ $5,253.55 Industrial (A) 23,988.10 sf, (B) 7,476.45 sf 1011821420017 3420 48th AVE N 12,841.44$ $4,630.40 Industrial (A) 23,961.11 sf, (B) 13.41 sf 1011821420042 3500 48th AVE N 32,647.50$ $11,772.16 Industrial (A) 58,882.35 sf, (B) 4,783.69 sf 1011821420013 3501 48th AVE N 14,563.09$ $5,251.27 Industrial (A) 23,978.02 sf, (B) 7,472.42 sf 1011821420012 3515 48th AVE N 21,242.33$ $7,659.72 Industrial (A) 34,979.35 sf, (B) 10,890.21sf 1011821410015 Address Unassigned 32,644.18$ $11,770.91 Industrial (A) 60,926.06 sf, (B) 0 sf 1011821420021 4811 Dusharme DR 27,626.97$ $9,961.82 Industrial (A) 50,612.02 sf, (B) 2,217.11 sf Total Assessments 267,402.58$ 96,421.01$ December 7, 2020 2021 RYAN LAKE INDUSTRIAL PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2021-08 AND 09 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL 1 of 1 C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:M ark Ebens teiner, F inance D irector S U B J E C T:C oronavirus Relief F und (C R F ) Local G overnment Expenditure Report B ackground: I n J uly, the city received $2,433,415 of Coronavirus Relief F unds (C R F ). A memo that provides detail of the city's final s ubmission of eligible expenditures through November 15 has been provided. B udget I ssues: Coronavirus Relief F unds were u;lized pursuant to the C A R E S A ct and Treas ury G uidance for expenditures incurred due to the public health emergency. These cos ts w ere not previous ly accounted for in the mos t recently approved budget and were incurred during the period of March 1, 2020 through November 15, 2020. S trategic Priories and Values: Resident Economic S tability, S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip;on U pload D ate Type C A R E A ct F unding Memo 12/8/2020 Cover Memo November 15 - F inal C A R E S S ubmission 12/8/2020 Backup M aterial C A R E S F unding Resolu;on 12/8/2020 Resolu;on Le?er TO: City Council FROM: Mark Ebensteiner, Finance Director Curt Boganey, City Manager SUBJECT: CARES Act Funding DATE: December 14, 2020 On July 29, 2020 the City of Brooklyn Center received $2,433,415 in CARES Act Relief Funding. Summarized information is presented in the table below with more detailed information presented for each allocation. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that – 1. Are necessary expenditures incurred due to public health emergency with respect to the Coronavirus Disease 2019 (COVID19); 2. Were not accounted for in the budget most recently approved as of March 27, 2020; 3. Were or will be incurred during the period that begins on March 1, 2020, and ends on November 15, 2020 As required by the State of Minnesota, the City has completed and submitted monthly reports categorizing the use of the funds. On November 24, the city completed the final report to the state that included eligible expenses incurred through November 15. A resolution approving the final report to the state is included with this item. The next page summarizes CARES expenditures and the information reported to the state and includes additional information on eligible expenditures that also qualify for CARES Act spending. As a requirement of the funding, the city will be required to complete a "Single Audit", which is an additional audit that will be completed by the city's independent audit firm, but will focus solely on compliance with federal funding requirements. Staff has had preliminary discussions with the auditors to ensure required documentation and justification is available. Amounts, descriptions and reference to guidance has been included within the memo on all amounts included in the final report submitted to the State of Minnesota. In consultation with the League of MN Cities, Metro Cities, federal guidance, and our auditors a basis for the allocation of CARES Act Relief Funding is as follows: Personnel Services Substantial different use Personnel Diverted to a Substantially Different Use. City personnel job duties were substantially diverted in response to the pandemic. A subledger was created (W.00002019) and utilized during time entry to identify hours/time spent on impacted job duties. These duties included but were not limited to: ‐ Response coordination ‐ COVID‐19 strategic planning ‐ COVID‐19 policy development ‐ Communication to public and staff ‐ Meetings ‐ Building preparation ‐ Additional cleaning and disinfection Included in this category as well is Emergency paid leave that accounts for employees who were unable to work as a result of Minnesota’s Stay At Home Directive to mitigate the spread of the virus. Primarily employees at the Community Center, Earle Brown Heritage Center and Municipal Liquor stores were impacted. Public Health and Safety Employees – Public Safety Public Safety employees encountered many challenges as they responded to the pandemic. Some time was coded directly to the COVID‐19 subledger based on specific duties and hours they spent on tasks. In addition, a portion of patrol officer payroll was also allocated to CARES funding. A list of COVID related tasks included but is not limited to the following:  Designing and implementing modified schedules for a variety of staff positions.  Identifying equipment to allow some staff to work from home, and then getting it in place.  Troubleshooting new processes / modifying existing processes to keep our business practices as efficient and economical as possible with set of staff working from home while others remained at work.  Evaluating PPE needs, and then ordering and distributing them.  Attending meetings and briefings from “experts” to learn more about COVID and how we should be responding to community members needs and staff needs.  COVID Innovation Meetings  Draft City‐wide ELF leave policy  Craft HC jail booking memo  Zoom meetings with HCSO regarding COVID  North SIT‐Rep Meetings  Commander meetings planning alternative patrol schedules  Finding, ordering and in some circumstances picking up gloves,  Ordering Hand sanitizer (on going for several weeks until the supply chain caught up with demand)  Ordering disinfectant (on going for several weeks until the supply chain caught up with demand)  Evaluating the schedule for potential changes (5 on 14 off or a variance of that)  Informing the department about our response to medicals, and other COVID related issues  Daily briefings from North memorial, to eventual weekly briefings  Educating the Patrol division on COVID symptoms, how it’s transmitted, what is safe, what isn’t  To a limited extent‐filling shifts with vacancies due to COVID 19  Strategic response plan as it relates to Emergency management (3 hours at West fire Sunday night)  Updates to Patrol about COVID‐general education about the spread and safety  Researched ways to sanitized the city and get equipment related to sanitizing  All related to the COVID grant proposal  Researched options to prevent COVID (washing machines at the PD, other sanitizing options).  Monitored the usage of our PPE’s and reordering abilities Eligible under the CRF FAQ dated 9/20/2020. Personal Protective Equipment/Supplies Items include protective shields, sanitizer, disinfectant, wipes, signage, building modifications, gloves and face masks. As eligible in accordance with the Federal CRF Guidance dated June 20, 2020. Grant/Loan Programs Small Business, Local Nonprofit and Loan Program administered by the City and under contract with African Career, Education & Resource (ACER) and Liberian Business Association (LIBA). Small Business Relief Program: The City has invested CARES funding to support small and micro businesses through two different programs being administered by ACER and LIBA. The goal of the program is to support small local businesses, particularly minority‐owned businesses, who may be facing barriers to access other sources of financial relief offered by the state or County. The programs involve technical assistance and one‐on‐one customized relief packages. Local Nonprofit Support for Direct Services The City allocated CARES funding to aid local nonprofits who are directly serving residents who have been impacted by the pandemic. The funds were distributed among five agencies. Four of the organizations will provide direct assistance to residents. Fifteen percent of the funds will go directly to the agencies to cover the administration of the programs. The remaining 85 percent of funds are being provided directly to residents who have experienced financial hardship due to the pandemic through grants up to $3,000. Funds will be used to cover rent/mortgage assistance, private utility payments, internet service, and food assistance. CEAP is receiving CARES funding through the program to assist with converting their distribution center to allow drive‐thru services which will reduce the need for vulnerable populations to exit their vehicles when picking up food. Forgivable Loan Program: Funds were provided to support small business relief though micro loans of $3,000. Over 20 businesses have been served through the program. As eligible under the CFR FAQ dated 7/8/2020. Facility/Technology Improvements Technology expenses incurred to provide employees the ability to work from home, electronic public meetings and teleconferencing. Conference room technology upgrades were necessary to facilitate distance learning, teleconferencing and remote training. The Emergency Operations Center was also upgraded at the west fire station. As eligible in accordance with the Federal CRF Guidance dated June 20, 2020. Facility improvements were completed to update the HVAC systems and include ionization equipment to provide for cleaner air throughout city buildings. Also, touch free upgrades were included in all city buildings to minimize use of high touch surfaces. We have determined that the completed upgrades were necessary to ensure employees and the public are safer as they are within city buildings. As eligible in accordance with Federal CRF Guidance dated October 19, 2020. Resident Economic Stability – City Efforts As a result of the city initiative “Beyond Covid” the city utilized CARES funding to purchase 40 Ipads to be distributed to senior care facility residents. The purpose was to respond to the public health emergency, which included the need for residents to have a means to complete telehealth meetings as well as communicate with family members to support their emotional well‐being. As eligible in accordance with Federal CRF Guidance dated June 20, 2020. Resident Economic Stability – Community Partner Efforts Health on the Go Mobile Services The City of Brooklyn Center partnered with the City of Brooklyn Park and purchased a “Tiny Health House” mobile unit which will be utilized to provide mobile health services. Some of the key activities during this pilot will include: A. Coordination: Use inclusive and equity centered facilitation to bring together SME’s, providers and partners to deliver health resources. B. Training and Partnership Agreements: Build agreement, monitor and ensure community health outreach and customer service is culturally responsive C. Evaluation: Feedback on cultural responsiveness, feedback on what is needed, assess short‐term results and share with the community. D. Mobile Services:  COVID tests  COVID information  COVID prevention supplies  Flu Shots  Mental Health Back to school / class / work family covid‐19 and distance learning packs In partnership with other organizations, funding was utilized for back to School / Class / Work Family COVID‐19 and Distance Learning Packs. Some of the items placed in the packs included portable desks, portable headsets, family size hand sanitizers, school supplies, thermometers, face shields, and family soap size for washing hands. As of mid‐October, there had been over 748 families served by North Hennepin College, City of Brooklyn Park, Brooklyn Center Community Schools, Hennepin Technical College and City of Brooklyn Center. Over 230 families had been served in Brooklyn Center. Public Art Initiative Funding for BCTC PRIDE AND SAFETY PUBLIC ART INITIATIVE. This initiative involves local artists conducting community art‐making workshops. The local artists will be the creative leader for community workshops will be conducted at a safe distance and outdoors. Community art projects could include:  Designing cut paper graphic designs related to community pride and safety. These could would be digitized by the workshop leader/graphic designer to be made into community designed facemasks, as well as, semi‐transparent window clings to be installed in the spring.  Painting a mural or creating a mosaic, predesigned by the artist with the input of community members' input beforehand, and with the theme of community pride and safety. The mural/mosaic would be installed later. The community members and lead artist would paint/mosaic on a large substrate to be fastened to a wall. As eligible in accordance with the Federal CRF Guidance dated June 20, 2020: Also, as eligible in accordance with Federal CRF Guidance dated June 30, 2020: Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Please save your report based on the following example: RochesterCity_August2020 Submit in Excel format to CRAOffice.mmb@state.mn.us seven business days after the end of each reporting period. Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Local Government Expenditure Report Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Name of Local Government (this will auto populate based on your SWIFT Supplier ID) 10 digit SWIFT Supplier ID # (begins with 0000) Select this link for SWIFT ID list Date Submitted (Enter in MM/DD/YYYY Format) Blank Blank Blank Blank Blank Blank Blank Blank BROOKLYN CENTER CITY 0000195663 11/24/2020 Blank Blank Blank Blank Blank Blank Blank Blank Name and Title of Person Filling Out Form DUNS Number (Select this link for more information) Phone Number (enter 10 digits without spaces or dashes) Blank Blank Blank Blank Blank Blank Blank Blank Mark Ebensteiner, Finance Director 071355937 7635693345 Blank Blank Blank Blank Blank Blank Blank Blank Email Address Amount of CRF Received from the Department of Revenue Total Spent to Date (this amount will autofill) Blank Blank Blank Blank Blank Blank Blank Blank mebensteiner@ci.brooklyn‐center.mn.us 2,433,415$ 2,433,415.00$ Blank Blank Blank Blank Blank Blank Blank Blank Use the drop down in cell D14 to select "Interim" if your agency has any unspent funds and "Final" in the box if all available CRF funds have been spent and this will be your final report.Final Blank Blank Blank Blank Blank Blank Blank Blank Blank Please submit this report no later than 7 business days after the end of each month to provide the spend status of allotted Coronavirus Relief Funds (CRF), CFDA Number 21.019 awarded by the State of Minnesota. Amount of CRF Remaining (this amount will autofill) Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank 0.00$ Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank The covered period for these expenses is March 1, 2020 through November 15 (cities and towns) /December 1, 2020 (counties). DO NOT USE CRF FUNDS FOR ANY COST INCURRED OUTSIDE THIS COVERED PERIOD. Blank Blank Blank Blank Blank Blank Blank Blank Blank Coronavirus Relief Fund (CRF) Categories Total July, 2020 August, 2020 September, 2020 October, 2020 November, 2020 December, 2020 Blank Blank Blank Describe expenses (links to expenditure category examples are in the green category boxes to the left)Treasury Guidance FAQs Blank Blank Blank Blank Blank Blank Blank Administrative Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Budgeted Personnel and Services Diverted to a Substantially Different Use 1) Payroll and benefit expenses of public employees whose work duties were substantially dedicated to mitigating or responding to the COVID‐19 public health emergency. 2) Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID‐19 public health emergency are also covered. 3.) Providing paid sick and paid family and medical leave to employees to enable compliance with COVID‐9 public health precautions. 1113671.88 0.00 949179.75 63869.96 64278.70 36343.47 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank COVID‐19 Testing and Contact Tracing 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Economic Support (other than small business, housing, and food assistance) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Expenses Associated with the Issuance of Tax Anticipation Notes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Facilitating Distance Learning 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Food Programs 20000.00 0.00 0.00 0.00 20000.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Housing Support 60000.00 0.00 0.00 0.00 60000.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Improve Telework Capabilities of Public Employees 1.) Improve telework capabilities for public employees to enable compliance with COVID‐19 public health precautions.19246.05 0.00 2931.00 1492.12 68.88 14754.05 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Medical Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Nursing Home Assistance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Payroll for Public Health and Safety Employees 1) Public safety employees whose services are substantially dedicated to mitigating or responding to the COVID‐19 public health emergency.266177.29 0.00 127462.04 2852.10 3572.69 132290.46 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Personal Protective Equipment 1) Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment. 70165.04 0.00 44681.78 371.72 832.28 24279.26 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Public Health Expenses 1) Expenses for disinfection of public areas and other facilities. 2) Expenses for public safety measures undertaken in reponse to COVID‐19. 3) Health on the go 4) Facility safety improvement 581659.39 0.00 44708.19 173091.33 2830.25 361029.62 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Small Business Assistance 1) Grants to small business and nonprofits to reimburse the costs of business interruption caused by required closures 2) Technical assistance consulting fees 267878.55 0.00 5100.00 86600.00 118500.00 57678.55 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Unemployment Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Workers' Compensation 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Items Not Listed Above ‐ to include other eligible expenses that are not captured in the available expenditure categories 1) Other COVID‐19 related expenses reasonbly necessary to the function of government that satisfy the Fund's eligibility criteria. 34616.80 0.00 3740.48 1059.67 15066.65 14750.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Total Spent Blank 2433415.00 0.00 1177803.24 329336.90 285149.45 641125.41 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Cities and Towns Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the Amount of unspent funds distributed to home county 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the name of the home county Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the date funds were returned Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Cities and Towns in Hennepin and Ramsey Counties Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the amount of unspent funds granted to hospitals 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the name(s) of hospitals receiving grants of unspent funds Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Counties Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the amount of unspent funds received from cities and towns 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the amount of unspent funds returned to the State of Minnesota 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Enter the date unspent funds were returned to the State of Minnesota Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Total July, 2020 August, 2020 September, 2020 October, 2020 November, 2020 December, 2020 Blank Blank Blank Enter the amount distributed to cities and towns with a population under 200 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank CRF Fund Spending Confirmations Blank Blank Blank Blank Blank Blank Blank Blank X Use the dropdown menu to place an "X" in the cell B78 to confirm that your CRF funding request meets federal guidance: (1) as a necessary expenditure to respond to the COVID-19 public health emergency, (2) is not accounted for in the current budget, (3) expenses were incurred during the covered period. See box C18 for explanation, and (4) does not include any ineligible expenses as defined in federal guidance. Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Blank Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTNG CARES ACT FUNDING MEMO AND APPROVING FINAL CORONAVIRUS RELIEF FUND LOCAL GOVERNMENT EXPENDITURE REPORT WHEREAS, the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act established the Coronavirus Relief Fund (CRF), providing payments to state, local, and tribal governments navigating the impact of the COVID-19 pandemic; and WHEREAS, the City of Brooklyn Center (City) received a $2,433,415 of allocated CRF funds from the State of Minnesota; and WHEREAS, pursuant to the CARES Act and Treasury Guidance, the City Council has considered how to use its CARES Act funds in a manner that complies with each of the following requirements: 1. Are necessary expenditures incurred due to public health emergency with respect to COVID-19; 2. Were not accounted for in the budget most recently approved as of March 27, 2020; 3. Were or will be incurred during the period that begins on March 1, 2020, and ends on November 15, 2020; and WHEREAS, the City Council has received the CARES Act Funding memo detailing the use of CRF Funds; and WHEREAS, the City is required to submit a final CRF local government expenditure report to the State of Minnesota COVID-19 Response Accountability Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA, hereby accepts the CARES Act funding memo and approves the final CRF local government expenditure report. December 14, 2020 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. C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:D oran Cote, P.E., P ublic Works D irector S U B J E C T:P res enta,on by the H ighway 252 S afety Task Force Regarding Their Community S urvey on H ighway 252 I mprovements B ackground: O n O ctober 26, 2020, the City Council invited the H ighw ay 252 S afety Task Force to present the findings of their community s ur vey to the C ity Council. The H ighway 2 5 2 S afety Task Force was inv ited to the November City C ouncil mee,ngs and the D ecember 1 4 , 2020 City Council mee,ng. The H ighw ay 252 S afety Tas k Force chos e the D ecember 1 4 , 2020 mee,ng to pres ent their findings. A8ached are the Tas k Force’s survey ques ,ons, the responses and a map indica,ng from where the responses came. B udget I ssues: There are no budgetary issues w ith the propos ed ac,on. S trategic Priories and Values: Key Transporta,on I nvestments AT TA C H M E N TS : D escrip,on U pload D ate Type H ighway 252 S afety Task Force - S urvey 12/7/2020 Cover Memo H ighway 252 S afety Task Force - S urvey Res ults 12/7/2020 Cover Memo M ap 12/7/2020 Cover Memo HIGHWAY 252 SURVEY llPage August 21, 2020 The Highway252 Safety Task Force wants your opinion about changes to 252. MnDOT has announced the plans for Highway 252 are under active reconsideration. This gives us a window to provide input on what the plan should include. These changes may affect safety and community functionality. What do you think are the important issues and considerations regarding the reconstruction of Highway 252? You are not restricted to merely answering the survey questions. Any thoughts you have about a question, may be added at the end. You need not answer questions that you do not have an opinion about. To fill out the survey go to the website; highway252.com to answer all survey questions electronically. Instructions will be provided on the website. Make sure you cut and paste or type highway252.com there are similarly named web sites. You can also contact us through the website, or send an email to 252safety@gmail.com. Your name, address and email must be included to assure authenticity. Individual answers will be combined. Who made any particular answer will be Confidential. If you do not have the ability to go to the website, you can manually fill out the questionnaire and we will pick it up, call 612-447-8879 and leave your name and address and phone number. The Survey 2jPage August 21, 2020 1. Do you favor: ~ Converting Highway 252 to an Expressway. An expressway is a road with no traffic lights or stops along its length, it has controlled access with fewer exit and entry points, b. Improving Highway 252 without converting it to an expressway. such as flashing signs warning of red lights, pedestrian overpasses, enforcement of speed limits, dividers to protect left-hand turners at 6fJh and 7J'd, c. Leaving highway 252 as it is. 2. If Highway 252 is converted to an Expressway do you favor (2 answers may apply): a. An Expressway that is a Parkway, for example in St. Paul, 35E south of downtown to the Mississippi River is a parkway with a median area that has trees, bushes and flowers, b. An Expressway that is not a Parkway. This would be similar to I 94 from 252 to downtown. c. A Green Highway. A Highway engineered and constructed to reduce the environmental impact of the highway by the materials used and the manner in which it is constructed 3. What do you believe the speed limit s.hould be for Highway 252? !!.: 45 mph, b. 55 mph, c. 60 mph, d. 70 mph. 3IPage August 21, 2020 4. Several plans called for reopening West River Road at 74th to through traffic. It has been closed for many years due to safety concerns. How do you feel about this? a. Strongly support, !l_. Somewhat support, c. Somewhat oppose, d. Strongly oppose. 5. In planning the new Highway 252, do you support MnDOT safety rules being followed in the design of the new 252, as was done in some, but not other prior plans? a. strongly support, !l_. Somewhat support, c. I do not think it's important. 6 MnDOT safety rules recommend interchanges be at least a mile apart. In, a previous proposal, an interchange was proposed about 1/3 mile from the multiple interchange of Highways 694/94/252/100. Do you think: !!.:_Interchanges should be at least the recommended minimum distance apart, b. Interchanges should substantially comply with the recommended minimum distance, c. This safety rule is not important. 7. MnDOT acknowledges entering a highway is a complicated task. The "absolute minimum" distance for entrance/acceleration lanes is 2000 feet for expressways. An entrance lane of 830 feet was proposed for 252. Do you think: 4JPage August 21, 2020 a. Entrance acceleration lanes must comply with at least the absolute minimum safe distance, !z.. Acceleration lanes should substantially comply with the absolute minimum safe distance, E:. This safety rule is not important 8. MnDOT projects traffic on 252 will increase to 110,000 cars a day, from 60,000, after becoming an expressway. Traffic on Central and University will decrease as traffic diverts to 252. Does this concern you? !!.: very much,!!.: somewhat, E It is a minor concern, fl: not a concern. 9. Should the rebuilding of 252 be coordinated with rebuilding other north-south highways in the area, such as Highway 65(Central) and 47(University), so traffic will not unnecessarily be diverted to 252 from other highways? a. Very important,!!__. Somewhat important, c. Of minor importance, !!: This does not matter. 10. Currently, Metro transit is planning, once 252 is remodeled, to have no express bus stops on 252 in Brooklyn Center. Do you consider express bus stops, in Brooklyn Center: !.: Very important, b. Somewhat Important, c. Not very important, d. Not important at all. SIP age August 21, 2020 11. If there is no express bus service on 252, would, local bus service, using West River Road to go back and forth on, be something you would: --5..:. Strongly support, I!: Support c. Oppose, d. Strongly oppose. 12. if having 1ocal bus service required reopening West River Road at 74 th , to accommodate that bus service, would that change your opinion on the previous question? (Multiple answers may be appropriate to this question.) a. It would increase my support for local bus service. b. It would decrease my support for local bus service. c. It would increase my support for opening up West River Rd. At 14th • d. It would decrease my support for opening up West River Rd. At 14th : e. it would not affect my answer to question 11. 13. Some plans raised 252 about 20 feet in places, which is above the roofs of many houses in the area. Concerns, about noise and waste pollution arose. Would this concern you? a. Very much, b. Somewhat, c. Not much, d. Not at all. 14. Some previous plans, had local vehicles pedestrians, and bikes going beneath 252 to cross it. Some people felt this raised safety issues. In the new plan, would you prefer; !!.· local roads not go under 252 but over it on a bridge, b. 252 be raised up and local roads go under it, 6IPage August 21, 2020 c. This issue is not important to me. 15. The Mississippi river is 110 feet from where a proposed elevated interchange might go. At all other places on 252 the river is multiple blocks from 252. Protecting the river is: a. very important,_E., Somewhat important, E: Not very important, d. Not important. 16. ZIP Code 55430 has, many times the state average of asthma suffers, resulting in many more hospital and emergency room visits than elsewhere. Are you concerned how the traffic increase might affect this: a. Very concerned,!!..-Somewhat concerned, E· Not very concerned, d, Not concerned. 17. How much importance should be given to not increasing, and perhaps reducing, air pollution, noise pollution, and waste pollution along 252 when 252 is redesigned? a. Very important, !!.: Somewhat important, c. of little importance, d. No importance. 18. How important do you believe effective sound barriers are for the new 252? a, very important, b, somewhat important, c. of minor importance, d. It is not important. 71Page August 21, 2020 19. Do you believe an important consideration in the remodel of highway 252 should be improving Brooklyn Center as a community? a. very important, b. somewhat important, c. of minor importance, d. It is not important. 20. Closing entrance/exit to one point to an get on/off 252, means that more traffic will travel north-south on local streets to get to 252. How important is minimizing the additional traffic on residential streets? a, very important, b. somewhat important, c. of minor importance, d. It is not important. 21. There are locations where interchanges could be built largely on land already owned by governmental entities. How important is minimizing the number of homes or businesses that will be destroyed in this project? a. very important, b. somewhat important, c. of minor importance, d. It is not important. 22. Hundreds of millions of dollars is to be spent on 252. How important is making sure Brooklyn Center only pays its fair share of those cost. a. very important, b. somewhat important, c. of minor importance, d. It is not important. . ··- Bl Page August 21 , 2020 23 Some of the previous proposed interchanges, had safe designs, some did not, emphasizing location over safety. How important Is it that the interchange built has a safe and driver friendly design? a. very important, b. somewhat important, c. of minor Importance, d. It is not important. 24. The new 252 is a few years away. What temporary measures, previously, suggested at community meetings, do you support? !!.: large flashing signs, long before traffic lights that warn of light changes, b. Reduce the speed limit on 252, c. Greater police enforcement of speed limits on 252, d. Barriers that protect left turning vehicles from being hit by ongoing traffic, !!: Build one or more pedestrian/bicycle overpasses at 6(Jh,7(!h and/or 7.:fd, !:_ Cleanup debris from accidents promptly so it does not remain on the street. 25. How important is it for plans to be public, regarding alternative locations, types of interchanges, pollution, safety, and other details, for public feedback, before a particular plan is selected to be presented as the final proposal? a. very important, b. somewhat important, E of minor importance, d. It is not important . .. --· 9!Page August 21, 2020 26.Please rank in order of importance, the top 4 priorities that should be central to the rebuilding of 252 and the 2 least important. a. Safety, b. Cost, c. Convenience, d. Traffic from outside to get through Brooklyn Center as quickly as possible, e. Improving Brooklyn Center as a community, I Maintaining or improving the safety/ integrity of • neighborhoods, g . Reducing pollution/or at least not increasing it h. Protecting the Mississippi River, !:. Serving alternative methods of transportation other than automobiles, k. Reducing the traffic on side streets, I. Faster commute times, !:. Other. You have finished the survey! Thank you. Answers to the survey will be combined, your indivi dual answers will be confidenti al. To assure only one survey per person, and that you live in the 252 corridor we need; Your name _____________________ _ •• w ........ 10 I P a g e Au g u st 21, 2020 address ______ _;_ ____________ _ and email ____________________ _ Thank you THE 252 SAFTEY TASK FORCE Replies should return on or before September 1, 2020 . .. ···~·. . .... 11 I P a g e August 21, 2020 L HIGHWAY 252 SURVEY 12 I P a g e A u g u s t 2 1 , 2 O 2 O Page 1/29 QU E S T I ON 02 | M U LTIP LE C H O IC E Do you favor . . . Answered: 164 Skipped: 2 0 20 40 75 ConvertingHighway 252 toan Exp... Impro vingHighway 252without co... Leav ing h igh way252 as it is. A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Converting Highway 252 to an Expressway. A n expressway is a ro ad with no traic ligh ts or stops along its length, it has controlled access with fewer exit and entry points. 60 36.59% Impro ving Highway 252 without converting it to an expressway. such as flashing signs warning of red lights, pedestrian o verpasses, enforcement of speed limits, dividers to protect le-hand turners at 66th and 73rd. 90 54.88% Leaving highway 252 as it is.14 8.54% Page 2/29 QU E S T I ON 03 | M U LTIP LE C H O IC E If Highway 252 is converted to an Expressway do you favor . . . Select up to two choices Answered: 156 Skipped: 9 0 15 30 50 An Expresswaythat is aParkway,... An Expresswaythat is n ot aPark... A GreenHighway. AHighway engin... A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E A n Expressway that is a Parkway, for example in St. Paul , 35E so uth o f downtown to the Mississippi River is a parkway with a median area that h as trees, bushes and fl owers. 80 42.11% A n Expressway that is not a Parkway . T his would be similar to I 94 from 252 to downtown. 25 13.16% A Green Highway. A Highway engineered and constructed to reduce the env iro nmental impact of the highway by the materials used and the manner in which it is constructed. 85 44.74% Page 3/29 QU E S T I ON 04 | M U LTIP LE C H O IC E What do you be lieve the speed limit should be for Highway 252? Answered: 162 Skipped: 4 45 mph 16.67% 55 mph 48.15% 60 mph 30.86% 45 m ph 55 mph 60 mph 70 mph A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E 45 mph 27 16.67% 55 mph 78 48.15% 60 mph 50 30.86% 70 mph 7 4.32% Page 4/29 QU E S T I ON 05 | M U LTIP LE C H O IC E Se veral plans call e d for reopening West River Road at 74th to thru traic. It has be e n closed for many years due to safe ty concerns. How do you feel about this? Answered: 148 Skipped: 18 StronglySupport 9.46% Som ewhatSupport 18.24% So mewhatOppose 14.19% StronglyOppose 58.11% Strongly Support Som ewhat Support Somewhat Oppose Strongl y Oppo se A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Strongly Suppo rt 14 9.46% Somewhat Suppo rt 27 18.24% Somewhat Oppose 21 14.19% Strongly Oppose 86 58.11% Page 5/29 QU E S T I ON 06 | M U LTIP LE C H O IC E In planning the new Highway 252, do you support MnDOT safe ty rules be ing followed in the design of the new 252, as was done in some, but not othe r prior plans? Answered: 153 Skipped: 13 Stronglysupport 74.51% Somewhatsupport 19.61% It's notimportant 5.88% Strongly support Som ewhat support It's not important A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Strongly suppo rt 114 74.51% Somewhat support 30 19.61% It's not impo rtant 9 5.88% Page 6/29 QU E S T I ON 07 | M U LTIP LE C H O IC E MnDOT safe ty rules recommend interc hange s be at le ast a mile apart . In, a previous proposal, an inte rchange was propose d about 1/3 mile from the multiple interchang e of Highways 694/94/252/100. Do you think . . . Answered: 160 Skipped: 5 0 20 40 75 Interchan gesshould be atleast ... Interchan gesshouldsubstantiall... Th is saf ety ruleis no t importan... A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Interchanges should be at least the recom mended minimum distance apart. 84 52.50% Interchanges should substantially com pl y with the recommended minimum distance. 61 38.13% T his safety rule is not important.15 9.38% Page 7/29 QU E S T I ON 08 | M U LTIP LE C H O IC E MnDOT acknowledg e s entering a highway is a complicated task . The “absolute minimum” distance for e ntrance/ac c e leration lanes is 2000 feet for e xpre ssways. An e ntrance lane of 830 fe e t was proposed for 252. Do you think . . . Answered: 161 Skipped: 4 0 20 40 75 En tranceaccelerationlanes mu st... Acceleratio nlanes sho uldsubsta... Th is saf ety ruleis no t importan... A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Entrance acceleration lanes mu st comply with at least the abso lute minimum safe distance. 95 59.01% A cceleratio n l anes shou ld substantially compl y with the absolute minimu m safe distance. 57 35.40% T his safety rule is not important.9 5.59% Page 8/29 QU E S T I ON 09 | M U LTIP LE C H O IC E MnDOT proje cts traic on 252 will increase to 110,000 cars a day, from 60,000, aer becoming an e xpressway. Traic on Ce ntral and University will de crease as traic diverts to 252. Doe s this c onc e rn you? Answered: 164 Skipped: 1 Very much 66.46% Somewh at 18.90% It is no t aconcern 9.76% Very m uch Som ewhat It is a minor co ncern It is not a concern A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very much 109 66.46% Somewhat 31 18.90% It is a minor concern 8 4.88% It is not a concern 16 9.76% Page 9/29 QU E S T I ON 10 | M U LTIP LE C H O IC E Should the rebuilding of 252 be c oordinated with re building other north-south highways in the area, suc h as Highway 65(Ce ntral) and 47(University), so traic will not unne cessarily be dive rted to 252 from other highways? Answered: 163 Skipped: 2 Veryimportant 68.71% Somewhatimportant 17.79% Its a minorconcern 6.75% It is not aconcern 6.75% Very impo rtant Somewhat important Its a mino r concern It is no t a concern A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 112 68.71% Somewhat important 29 17.79% Its a minor concern 11 6.75% It is not a concern 11 6.75% Page 10/29 QU E S T I ON 11 | M U LTIP LE C H O IC E Curre ntl y, Me tro transit is planning, once 252 is re model e d, to have no express bus stops on 252 in Brooklyn Cente r. Do you c onside r e xpress bus stops, in Brooklyn Ce nter . . . Answered: 163 Skipped: 2 Veryimportant 49.08% So mewhatimportant 28.83%It is a minorconcer... 8.59% It is not aconcern 13.50% Very important Somewhat im po rtant It is a minor concern It is not a concern A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 80 49.08% Somewhat important 47 28.83% It is a minor concern 14 8.59% It is not a concern 22 13.50% Page 11/29 QU E S T I ON 12 | M U LTIP LE C H O IC E If there is no expre ss bus ser vice on 252, woul d, local bus ser vice, using W e st River Road to go back and forth on, be some thing you would . . . Answered: 150 Skipped: 15 Stro nglysupport 12.67% Support 28.67% Oppose 23.33% Stro nglyoppose 35.33% Strongly support Support Oppo se Strongly oppose A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Strongly suppo rt 19 12.67% Support 43 28.67% Oppo se 35 23.33% Strongly o ppose 53 35.33% Page 12/29 QU E S T I ON 13 | M U LTIP LE C H O IC E If having l oc al bus ser vice required re ope ning West Rive r Road at 74th, to ac c ommodate that bus ser vic e , would that change your opinion on the pre vious que stion? Select all that ap ply Answered: 140 Skipped: 24 It wou ldincreasemy... 14.47% decreasemy... 22.01% It wouldincreasemy... 11.32% It woulddecreasemy... 23.27%It wou ld no taect ... 28.93% It would increase my support for local bus service.It wou ld decrease my support for local bus service. It would increase my support for opening u p West River Rd. at 74th. It would decrease my suppo rt for opening up West River Rd. at 74th.It would not aect m y answer to question 11. A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E It wou ld increase my support for l ocal bus serv ice. 23 14.47% It wo uld decrease m y support for local bus service. 35 22.01% It wou ld increase my su pport for o pening up West River Rd. at 74th. 18 11.32% It would decrease my suppo rt for opening up West Riv er Rd. at 74th. 37 23.27% It would not aect m y answer to question 11. 46 28.93% Page 13/29 Page 14/29 QU E S T I ON 14 | M U LTIP LE C H O IC E Some plans raise d 252 about 20 feet in places, which is above the roofs of many houses in the area. Concerns, about noise and waste pollution arose . Would this conc e rn you? Answered: 165 Skipped: 0 Very m uch 72.73% Som ewhat 20.61% Very much Somewh at Not m uch Not at all A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very much 120 72.73% Somewhat 34 20.61% No t much 7 4.24% No t at all 4 2.42% Page 15/29 QU E S T I ON 15 | M U LTIP LE C H O IC E Some previous plans, had local ve hic les, pe de strians, and bike s g oing be neath 252 to cross it . Some people fe lt this raised safe ty issues. In the ne w plan, would you prefe r . . . Answered: 156 Skipped: 9 0 20 40 75 Lo cal ro ads no tgo under 252but... 252 be raised u pand localroads... Th is issu e is no timportant to m... A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Local roads not go under 252 but ov er it on a bridge. 117 75.00% 252 be raised up and local ro ads go under it. 22 14.10% T his issue is not im po rtant to me.17 10.90% Page 16/29 QU E S T I ON 16 | M U LTIP LE C H O IC E The Mississippi river is 110 fee t from where a propose d e levated interchange might go. At all othe r plac e s on 252 the river is multiple blocks from 252. Prote cting the river is . . . Answered: 164 Skipped: 1 Veryimportant 78.05% Somewhatimportant 15.24% Very important Somewhat impo rtant Not v ery important Not important A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 128 78.05% Somewhat important 25 15.24% No t v ery important 7 4.27% No t important 4 2.44% Page 17/29 QU E S T I ON 17 | M U LTIP LE C H O IC E ZIP Code 55430 has many time s the state ave rage of asthma suere rs, resulting in many more hospital and e merge ncy room visits than elsewhere. Are you c onc e rned how the traic increase might aec t this? Answered: 162 Skipped: 3 Veryconcerned 55.56% Somewhatconcerned 24.07% Not veryconcerned 11.11% Notconcerned 9.26% Very concerned Som ewhat concerned Not v ery concerned Not concerned A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very concerned 90 55.56% Somewhat concerned 39 24.07% No t v ery concerned 18 11.11% No t concerned 15 9.26% Page 18/29 QU E S T I ON 18 | M U LTIP LE C H O IC E How muc h importance should be give n to not incre asing, and pe rhaps reducing, air pollution, noise pollution, and waste pol lution along 252 whe n 252 is redesigned? Answered: 165 Skipped: 0 Veryimportant 79.39% Somewhatimportant 17.58% Very important Somewh at im portant Of little im po rtance A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 131 79.39% Somewhat important 29 17.58% Of little im po rtance 5 3.03% Page 19/29 QU E S T I ON 19 | M U LTIP LE C H O IC E How important do you belie ve ee c tive sound barrie rs are for the new 252? Answered: 165 Skipped: 0 Veryimportant 90.91% Somewhatimportant 6.06% Very important Som ewhat important Of minor importance It is not impo rtant A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 150 90.91% Somewhat important 10 6.06% Of mino r importance 1 0.61% It is not im portant 4 2.42% Page 20/29 QU E S T I ON 20 | M U LTIP LE C H O IC E Do you believe an important conside ration in the re model of highway 252 should be improving Brooklyn Center as a community? Answered: 160 Skipped: 5 Veryimportant 64.38% So mewhatimportant 21.25% Of minorimportance 10.63% Very important So mewhat important Of minor impo rtance Of no importance A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 103 64.38% Somewhat important 34 21.25% Of mino r importance 17 10.63% Of no importance 6 3.75% Page 21/29 QU E S T I ON 21 | M U LTIP LE C H O IC E Closing e ntrance/exit to one point to ge t on/o 252, me ans that more traic will travel north-south on local stree ts to get to 252. How important is minimizing the additional traic on residential streets? Answered: 165 Skipped: 0 Veryimportant 72.12% Somewh atimportant 21.21% Very important Som ewhat important Of minor important Of no importance A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 119 72.12% Somewhat important 35 21.21% Of mino r important 8 4.85% Of no importance 3 1.82% Page 22/29 QU E S T I ON 22 | M U LTIP LE C H O IC E The re are loc ations where inte rchanges could be built largely on land already owne d by governmental entities. How important is minimizing the number of home s or busine sses that wil l be destroye d in this projec t? Answered: 164 Skipped: 1 Veryimportant 73.78% Som ewhatimportant 16.46% Of mino rimportance 5.49% Very important So mewhat important Of minor impo rtance Of no importance A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 121 73.78% Somewhat important 27 16.46% Of mino r importance 9 5.49% Of no importance 7 4.27% Page 23/29 QU E S T I ON 23 | M U LTIP LE C H O IC E Hundreds of millions of dollars is to be spe nt on 252. How important is making sure Brooklyn Cente r only pays its fair share of those cost . Answered: 161 Skipped: 4 Veryimportant 86.96% Som ewhatimportant 7.45% Very important So mewhat important Of minor impo rtance Of no importance A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 140 86.96% Somewhat important 12 7.45% Of mino r importance 5 3.11% Of no importance 4 2.48% Page 24/29 QU E S T I ON 24 | M U LTIP LE C H O IC E Some of the pre vious proposed inte rchanges had safe de signs, some did not , emphasizing location over safe ty. How important Is it that the interchange built has a safe and drive r friendly de sign? Answered: 162 Skipped: 3 Veryimportant 85.80% Somewhatimportant 10.49% Very important So mewhat important Of minor impo rtance Of no importance A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 139 85.80% Somewhat important 17 10.49% Of mino r importance 2 1.23% Of no importance 4 2.47% Page 25/29 QU E S T I ON 25 | M U LTIP LE C H O IC E The ne w 252 is a fe w years away. What te mporar y measures, previously, sugge sted at community meetings, do you support? Select all that ap ply Answered: 155 Skipped: 10 0 7 14 25 Large f lashingsigns, longbefor... Reduce th espeed limit o n252 Greater po liceenforcement o fsp... Barriers thatprotect leturni... Bu ild on e o rmorepedestrian/b ic... Clean up debrisfrom accidentspr... A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Large flashing signs, l ong before traic ligh ts that warn of light changes 109 20.22% Reduce the speed l im it on 252 61 11.32% Greater pol ice enforcement of speed limits o n 252 84 15.58% Barriers that pro tect l e turning v ehicles from being hit by o ngoing traic 89 16.51% Buil d one o r mo re pedestrian/bicycle o verpasses at 66th ,70th and/or 73rd 100 18.55% Cleanup debris from accidents prom ptly so it does not remain on the street 96 17.81% Page 26/29 Page 27/29 QU E S T I ON 26 | M U LTIP LE C H O IC E How important is it for plans to be public, re garding alte rnative locations, types of interc hange s, pollution, safe ty, and othe r de tails, for public fe edback , before a particular pl an is sel e c ted to be pre sente d as the final proposal? Answered: 164 Skipped: 1 Veryimportant 92.07% Somewh atimportant 7.32% Very important Somewhat important Of minor importance A N S W E R CH OI C E S RE S PON S E S RE S P ON S E P E RC E N T A G E Very important 151 92.07% Somewhat important 12 7.32% Of mino r importance 1 0.61% Page 28/29 QU E S T I ON 27 | R A N K OR DER Please rank in order of importanc e what you think should be c e ntral to the rebuilding of 252. Answered: 142 Skipped: 22 0 7 14 25 Safety Cost Co nvenience Traic f romoutside to getthro... Servingalternativemethods o f t... Impro vingBrooklyn Centeras a c... Main tainin g o rimproving th esaf... Redu cingpollution, or atleast ... Protecting th eMississippi River Reducing th etraic on sidestr... Faster co mmutetimes Other A N S W E R CH OI C E S A V E RA G E RE S P ON S E P E RC E N T A G E Safety 126.92 13.75% Cost 84.12 9.11% Convenience 77.18 8.36% Page 29/29 A N S W E R CH OI C E S A V E RA G E RE S P ON S E P E RC E N T A G E Traic from outside to get through Bro oklyn Center as quickly as possible 60.68 6.57% Serving alternative m ethods of transportation oth er than au to mobiles 68.75 7.45% Impro ving Brookly n Center as a comm unity 81.16 8.79% Maintaining or improving the safety /integrity of neigh bo rhoo ds 107.66 11.66% Reducing poll ution, o r at l east not increasing it 86.70 9.39% Pro tecting the Mississippi Riv er 87.74 9.51% Reducing the traic o n side streets 85.90 9.31% Faster commute times 38.30 4.15% Oth er 17.89 1.94% C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :D oran M. Cote, P.E., D irector of P ublic Works BY:M ike A lbers, P.E., C ity Engineer S U B J E C T:Res olu,on C er,fying S pecial A sses s ments for I mprovement P roject Nos. 2021-01 and 2021-02, G randview S outh A rea S treet and S torm D rainage I mprovements to the H ennepin County Tax Rolls B ackground: A public hearing is s cheduled on D ecember 14, 2020 to consider cer,fica,on of propos ed special asses s ments for s treet and s tor m drainage improvements for I mprov ement P roject Nos . 2021-01 and 2021-02, G randview S outh A rea S tr eet and S tor m D r ainage I mpr ovements . A ll poten,ally affected property ow ner s have been no,fied by mail of the date of the as s essment public hearing and the amount of proposed s pecial asses s ments . I . Explana on of I mprovements The pr opos ed project includes roadway, s torm drainage and u,lity improvements for the res iden,al neighborhood area r eferr ed to as the G randview S outh A rea. The proj ect w as previous ly es tablished by the City Council on May 13, 2019, by Resolu,on 2 0 1 9 -7 4 . O n S eptember 28, 2020, the C ity C ouncil receiv ed a Feasibility Report regarding the pr opos ed improvements . A n I mprovement P ublic H earing to consider ordering the improv ements was held on O ctober 26, 2020 and City Council authorized prepar a,on of project plans and s pecifica,ons. O n Nov ember 9, 2020, the C ity Council declared certain pr oject cos ts to be asses s ed for the G randview S outh A rea S treet and S torm D rainage I mprovements and called for a public hearing on the propos ed special as s essments to be held on D ecember 14, 2020. The proj ect feasibility report provides a descrip,on of recommended impr ovements for the neighborhood and an es,mated project budget. The proposed improvements are as follow s : 1. S treet I mprovements – Full street reconstruc,on of all streets including regrading, base prepara,on, installa,on of concrete driveway aprons, bituminous paving, installa,on of concrete curb and guAer, replacement of street signs, replacement of free-standing street lights with L E D light fixtures and boulevard restora,on. T he exis,ng concrete sidewalks within the project area will be repaired/replaced as needed. N ew 6 foot wide sidewalks are proposed along the south side of 59th Avenue from Knox Avenue to Dupont Avenue, along the east side of I rving Avenue from 59th Avenue to 200’ south of 59th Avenue and along the northern por,on of the Grandview Park parking lot. 2. S torm Drainage I mprovements – I ncludes the installa,on of new storm sewers and installa,on of concrete curb and guAer on all streets, and repair and replacement of exis,ng storm sewers, installa,on of new and repair and replacement of exis,ng catch basins and manholes. Proposed water quality improvements include installing sump catch basins at select neighborhood discharge loca,ons where feasible. 3. Water M ain I mprovements – I ncludes the replacement of approximately 40 percent of exis,ng water main pipes and installa,on of new valves, hydrants and water services to the shut off valve where impacted. T he 16-inch and 24-inch steel water main on E merson Avenue and 59th Avenue from E merson Avenue to C olfax Avenue will be replaced in its en,rety. 4. S anitary S ewer M ain I mprovements – I ncludes complete replacement of sanitary sewer pipe, access structures and residen,al sewer services to the property lines. T he sanitary sewer trunk lines within easements that run from L ogan Avenue to D upont Avenue is proposed to be lined with a cured in-place pipe liner. I I . S ummary of A ssessments S pecial asses s ments are pr opos ed as one of s ev eral funding s ources for the impr ovements located within the G randview S outh A rea. O n N ovember 9, 2020, the C ity C ouncil adopted the 2021 s pecial as s essment rates for s treet and s torm drainage improvements for res iden,al zoned proper,es. The 2021 rates w ere establis hed in accordance with the City ’s S pecial A sses s ment Policy. The feas ibility r epor t included a preliminary as s es s ment roll iden,fying approximately 179 res iden,al proper,es that are z oned "R1", 1 s ub-dividable school property that is z oned "R 1 ", 2 s ub-div idable church proper,es that are zoned “R1”, 8 mul,-family proper,es that are z oned “R3”, 1 mul,-family property that is z oned “R 4 ”, 1 mul,-family property that is z oned “R5”, 1 church property that is zoned “C 1”, and 3 commercial proper,es that are z oned “C2”. S ee aAached revis ed A ppendix D –F inal A sses s ment Roll and F igure 8–A s s essment M ap from the project feasibility report. A s s essments for F ull S treet Recons truc,on S pecial as s essments for non-s ubdividable s ingle-family res iden,al proper,es that are z oned R1 w ere calculated at full unit as s essment r ates of $4,7 3 0 for s treet improv ements and $1,419 for s tor m drainage improvements . O ther R 1 z oned pr oper ,es that are larger than the standard s ingle-family lot including 1500 59th Av enue, 5818 E merson Avenue, 5827 H umboldt Av enue, 5840 H umboldt Avenue, P I D 02-118-21-14- 0007 (X cel Energy) and P I D 0 1 -1 1 8 -2 1 -2 3 -0 1 0 6 (X cel Energy) w ere asses s ed bas ed on compu,ng a maximum number of s ubdividable lots ,mes full R1 unit as s essment amount for street and s torm drainage improvements . The mul,-family proper,es located along Logan Avenue (twin homes addres s es 5716-5744) that are z oned R3 were as s essed bas ed on unit as s essments pror ated per total lot frontage for s tr eet and s torm drainage improv ements. The mul,-family proper,es located at 5 8 4 3 F remont Avenue and 5800 Logan Avenue that are zoned R4 and R5 were as s es s ed bas ed on an acr eage bas is for s treet and storm drainage improvements . T he commercial pr oper ,es located at 5840 L ilac D rive, 5 7 2 1 L ogan Av enue, 5801 Logan Avenue and P I D 02-118-21-13-0033 that are zoned C1 and C2 were as s es s ed bas ed on an acreage basis for s treet and s torm drainage improvements. Public C omments P ublic comments were included in the Feas ibility Report (A ppendix B). S taff has not r eceived any addi,onal comments. A property ow ner may choos e to appeal or object to a s pecial asses s ment. I f an ow ner files an appeal with the City C lerk prior to public hear ing, or s hould any pers on appear at the public hearing and obj ect to an asses s ment, staff recommends that the City Council refer any substan,ve objec,ons to s taff for a report back to the City C ouncil at a con,nued public hearing for that property. A n example might be an is s ue w hereby s taff would need to res earch the his tory of a par ,cular complaint and assemble documenta,on. The City Council s hould cons ider removing the objec,on related asses s ment from the proposed lev y roll and adop,ng the remaining proposed asses s ments . I f an appeal for a specific property is actually filed w ith dis trict court, the C ity AAor ney w ill advis e the C ity Council of op,ons for handling the dis pute and poten,al li,ga,on is s ues . Currently, staff is not aw are of any s ubs tan,ve objec,on and recommends approval accordingly. Payment O pons Available to Property O wners O nce an as s essment roll is adopted by the C ity C ouncil, the ow ner of each property has the follow ing payment op,ons: 1. Pay the en,re amount of the s pecial asses s ment, without interes t, betw een March 1 and S eptember 30, 2021. 2. F rom O ctober 1, 2021, to the end of the busines s day on November 21, 2021, a property owner may pay the total asses s ment, with interes t calculated from O ctober 1, 2021, to the date of payment. 3. A property ow ner may pay the asses s ment over a 10-year period. The first payment will be due with taxes in 2022. The total principle will be payable in annual ins tallments. I nteres t at 3.0 percent is paid on the unpaid balance. 4. Par,al prepayments (s uch as paying half now and cer,fying the balance) are not allowed under the City ’s current A s s essment Policy. I I I . Recommended C ouncil Procedure Public H earing for S pecial A ssessments: Staff recommends that a presenta,on be provided to the C ity C ouncil prior to holding the assessment public hearing. Following the presenta,on, a public hearing to consider cer,fica,on of proposed special assessments for street and storm drainage improvements should be conducted to receive public comments. T he aAached resolu,on cer,fying special assessments for street and storm drainage improvements for I mprovement Project N os. 2021-01 and 2021-02 to the Hennepin C ounty tax rolls is provided for C ity C ouncil considera,on upon closing of the public hearing. B udget I ssues: The pr opos ed s treet and u,lity impr ovements are included in the 2021 C apital I mprov ement P rogram. The total proj ect cos t is es ,mated to be $11,800,000. F unding s ources for the project are budgeted from s ources as described in the proj ect feas ibility r epor t prev ious ly accepted by the C ity C ouncil on S eptember 28, 2020. T he s pecial asses s ment rates were adopted by the C ity C ouncil on Nov ember 9, 2020, and funding s ource amounts that are included in the feas ibility r epor t are amended as follow s as a r es ult of minor s pecial asses s ment revisions: Feasibility Report (9/28/20) A mended (11/2/20) S pecial A sses s ments $1,556,783.81 $1,550,162.69 S anitary S ew er U,lity F und $1,640,000.00 $1,640,000.00 Water U ,lity F und $2,090,000.00 $2,090,000.00 S torm D rainage U ,lity F und $1,786,742.96 $1,788,287.88 S treet Light U,lity F und $60,000.00 $60,000.00 S treet Reconstruc,on F und $3,156,473.23 $3,161,549.43 M unicipal S tate A id F und $1,510,000.00 $1,510,000.00 Total $11,800,000.00 $11,800,000.00 S trategic Priories and Values: Key Transporta,on I nvestments AT TA C H M E N TS : D escrip,on U pload D ate Type Res olu,on 12/7/2020 Cover Memo A sses s ment Map 12/7/2020 Cover Memo F inal Levy Roll 12/7/2020 Cover Memo P res enta,on 12/7/2020 Cover Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO._____________ RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2021-01 AND 2021-02, GRANDVIEW SOUTH AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed Special Assessment Levy Nos. 21001 and 21002; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy No. 21001 for street improvements and Special Assessment Levy No. 21002 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute special assessments against lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2022, and shall bear interest on the entire assessment at the rate of 3.0 percent per annum from October 1, 2021, through December 31, 2022. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of assessment to the County Auditor pay the whole assessment, to the City Treasurer, without interest, if entire assessment is paid on or before September 30, 2021. After September 30, 2021, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2021, through the date of payment. Such payment must be made by the close-of- business November 21, 2021, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO._______________ 4. The City Clerk shall forthwith transmit a certified duplicate 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. December 14, 2020 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. LOGAN AVE N DUPONT AVE N FREMONT AVE N E A R L E B ROWNDR £¤100 59TH AVE N COLFAX AVE N KNOX AVE N H IL L S V I E W R D IRVING AVE N HUMBOLDT AVE N LIL A C D R N EMERSON AVE N 57TH AVE N 61ST AVE N JAMES AVE N 58TH AVE N GIRARD AVE N 60TH AVE N SUMMIT DR 1500 5900 22 5840 5721 5827 5800 22 222222222222 5801 5840 5818 22 5843 5800 5850 5700 5821 5800 5808 5814 5801 5807 5815 5818 5812 5801580058011210 580658075808 58155814 5820 5823 58295828 58355834 5824 5830 5840 5843 583758405836 5826 1108 5711 5801 5700 5800 57015700 5733 1703 5743 5701 57555742 5801 5700 5800 5857 5801 5727 5721 5842 5843 5800 5901 5738 5739 5732 5733 5726 5727 5712571357165713 57065707 5712 57065707 5856 5706 5900 1300 570112085700 5707 5706570657075706 5742 5743 5724 572557255724 58195818 5731573057305731 5813 573657375736 5812 57375736 5813 5730 5819 5725 5831 5701 5746 5733 57275728 1400 5707 5712 5731 5706 5707 5900 1800 573757365737 5730 5731 5724 5725 5903 5801 1808 5713 5707 5825 5831 5732 5900 5836 5837 5830 5831 5824 5825 5818 5819 5812 5813 5806 5807 5748 5901 5738 57435754 5825 5813 5819 5801 5807 5740 5734 5712 5724 5715 5743 5714 5742 5715 5806 5743 5712 5742 5812 5715 5721 580758065807 5720 5715 5807 5815 5823 5743 5837 5834 5706 5712 22 5720 5724 5732 57405736 5716 5744 Assessment Map Grandview South Area Street and Utility Improvements Ü Dece mber 2020 Legend Pro pose d Sing le R1 Assessm ent Pro pose d Mu ltip le R1 Assessm ents Pro pose d R3 Assessm ent Pro pose d R4 Assessm ent Pro pose d R5 Assessm ent Pro pose d Commercial Assessm ent City Own ed Property Pre viou sly Assessed 1 of 4 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES 0111821230026 1108 57th AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230020 1208 57th AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230007 1400 57th AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140003 1800 57th AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140004 1808 57th AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230077 1210 58th AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821110012 1500 59th AVE N 21001 56,484.00$ 21002 16,944.00$ Subdividable R1 = 12 equivalent parcels 0211821140097 1703 59th AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821130033 Address Pending 21001 27,819.28$ 21002 11,972.58$ Commerical C2 Brooklyn Center EDA Property (A) 46,740.52 sf, (B) 20,143.26 sf 0211821140007 Address Unassigned 21001 18,828.00$ 21002 5,648.00$ Subdividable R1 = 4 equivalent parcels 0111821230106 Address Unassigned 21001 32,949.00$ 21002 9,884.00$ Subdividable R1 = 7 equivalent parcels 0111821230027 5706 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230018 5707 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230028 5712 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230017 5715 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230066 5724 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230032 5725 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230067 5730 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230031 5731 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230068 5736 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230030 5737 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230069 5742 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230029 5743 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230098 5800 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230076 5801 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230099 5806 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230075 5807 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230074 5815 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230100 5818 EMERSON AVE N 21001 9,414.00$ 21002 2,824.00$ Subdividable R1 = 2 equivalent parcels 0111821230073 5823 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230101 5824 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230072 5829 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230102 5830 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230071 5835 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230103 5836 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230070 5843 EMERSON AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230021 5706 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230012 5707 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230022 5714 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230011 5715 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230033 5724 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230040 5725 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230034 5730 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230039 5731 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230035 5736 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230038 5737 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230036 5742 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230037 5743 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230048 5801 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230047 5807 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230078 5808 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230046 5813 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230079 5814 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230045 5819 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230080 5820 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 December 14, 2020 2021 GRANDVIEW SOUTH AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2021-01 AND 02 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL 2 of 4 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES December 14, 2020 2021 GRANDVIEW SOUTH AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2021-01 AND 02 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL 0111821230061 5825 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230081 5828 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230060 5831 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230082 5834 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230083 5840 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230059 5843 FREMONT AVE N 21001 9,947.52$ 21002 4,280.76$ Multi Family R4 (A) 19,800.00 sf, (B) 0 sf 0111821220024 5900 FREMONT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 - Corner Property 0111821230015 5706 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230006 5707 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230016 5712 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230005 5715 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230041 5724 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230090 5725 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230042 5730 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230089 5731 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230043 5736 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230088 5737 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230044 5742 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230087 5743 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230049 5800 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230056 5801 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230050 5806 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230055 5807 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230051 5812 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230054 5813 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230052 5818 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230053 5819 GIRARD AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230009 5700 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140073 5701 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230008 5706 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140072 5707 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230010 5712 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140071 5713 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140092 5727 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230003 5732 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140091 5733 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230084 5738 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140090 5743 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230085 5748 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230086 5754 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140089 5755 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230002 5800 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140067 5801 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140066 5807 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230057 5812 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140065 5815 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230058 5818 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140110 5821 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0111821230105 5826 HUMBOLDT AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140109 5827 HUMBOLDT AVE N 21001 32,949.00$ 21002 9,884.00$ Subdividable R1 = 7 equivalent parcels 0111821230104 5840 HUMBOLDT AVE N 21001 28,242.00$ 21002 8,472.00$ Subdividable R1 = 6 equivalent parcels 0211821140074 5700 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140079 5701 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140075 5706 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140078 5707 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140076 5712 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140077 5713 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 3 of 4 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES December 14, 2020 2021 GRANDVIEW SOUTH AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2021-01 AND 02 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL 0211821140060 5725 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140093 5728 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140059 5731 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140094 5734 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140058 5737 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140095 5740 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140057 5743 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140096 5746 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140068 5800 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140048 5801 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140069 5806 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140047 5807 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140070 5812 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140046 5813 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140045 5819 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140044 5825 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140043 5831 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140042 5837 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140041 5843 IRVING AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140080 5700 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140085 5701 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140081 5706 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140084 5707 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140083 5713 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140082 5716 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140036 5721 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140061 5724 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140035 5727 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140062 5730 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140034 5733 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140063 5736 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140033 5739 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140064 5742 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140049 5800 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140031 5801 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140050 5806 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140030 5807 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140051 5812 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140029 5815 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140052 5818 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140013 5823 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140053 5824 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140054 5830 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140014 5831 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140055 5836 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140098 5837 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140056 5842 JAMES AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140086 5700 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140087 5706 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140001 5707 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140005 5711 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140088 5712 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140008 5715 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140037 5720 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140009 5721 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140038 5726 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140012 5727 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140039 5732 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140011 5733 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 4 of 4 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY #STORM NOTES December 14, 2020 2021 GRANDVIEW SOUTH AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2021-01 AND 02 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL 0211821140040 5738 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140028 5800 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140020 5801 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140021 5807 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140027 5808 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140022 5813 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140026 5814 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140023 5819 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140024 5825 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140017 5834 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140018 5840 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140016 5850 KNOX AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140019 5840 LILAC DRIVE 21001 16,235.96$ 21002 6,986.89$ Commerical C1 (A) 32,316.80 sf, (B) 0 sf 0211821140002 5706 LOGAN AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140006 5712 LOGAN AVE N 21001 4,707.00$ 21002 1,412.00$ R1 0211821140107 5716 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821140106 5720 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821130032 5721 LOGAN AVE N 21001 40,778.44$ 21002 17,551.12$ Commerical C2 (A) 57,172.28 sf, (B) 55,92.08 sf 0211821140105 5724 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821140104 5728 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821140103 5732 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821140102 5736 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821140101 5740 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821140100 5744 LOGAN AVE N 21001 3,355.23$ 21002 1,006.50$ Multi Family R3, Unit Rate 0211821140025 5800 LOGAN AVE N 21001 26,802.25$ 21002 11,533.93$ Multi Family R5 (A) 53,348.43 sf, (B) 0 sf 0211821130031 5801 LOGAN AVE N 21001 18,020.28$ 21002 7,754.84$ Commerical C2 Brooklyn Center EDA Property (A) 35,064.43 sf, (B) 1,876.05 sf Total Assessments 1,178,450.57$ 371,712.12$ Public Hearing on Special Assessments Grandview South Area Street and Storm Drainage Improvements (2021) City Council Meeting, December 14, 2020 Mike Albers, City Engineer Public Hearing on Special Assessments •Grandview South Area Street and Storm Drainage Improvements, Improvement Project Nos. 2021‐01 and 02 •Local public improvements to the City’s infrastructure based on State of Minnesota Statute Chapter 429 2 Grandview South Area Street and Storm Drainage Improvements 3 Summary of Recommended Improvements •Sanitary Sewer •Complete replacement of sanitary sewer pipes and access structures within streets •Line trunk sanitary sewer pipes within easement areas •Replace service lines up to property line within streets •Water Main •Partial replacement of water main: approx. 40‐60% (where adjacent to deep sanitary sewer replacement and steel line on 59th Ave/Emerson Ave) •Replace valves and hydrants throughout project area •Replace service lines up to property line and new curb stops •Storm Drainage •Remove and replace storm structures and pipe as needed •Extend new catch basins and storm sewer pipe where feasible •Water quality treatment: sump catch basins, rain gardens, other improvements where feasible •Street Lighting •Existing Street Lights on Multi‐Use Poles to Remain •Replace 3 Free‐Standing Street Lights with Fiberglass Poles and LED light fixtures •Street Improvements •Reconstruction 30 feet wide for all streets except 32 feet wide on Humboldt Ave, 59th Ave & Lilac Dr and except 37 feet wide on Logan Ave •Full Depth Pavement and Aggregate Base •Full Curb and Gutter Replacement •Sidewalk Improvements •New 6’ concrete sidewalk on south side of 59th Ave from Dupont Ave to Knox Ave •New 6’ concrete sidewalk on east side of Irving Ave from 59th Ave to first driveway 200’ south of 59th Ave •New 6’ concrete sidewalk along the northern portion of the Grandview Park parking loop •Sidewalk replacement/repairs as needed/impacted •Pedestrian Curb Ramps will be reconstructed at all cross streets with the Project •Restoration •Driveways that are disturbed due to the street reconstruction will be replaced. •Disturbed boulevard areas will be restored with topsoil and sod. •Tree replacement on 1:1 ratio in fall 4 Preliminary Project Budget CIP –Est. Percent Project Amount Total Special Assessments $ 1,550,162.69 13.2% Sanitary Sewer Utility $ 1,640,000.00 13.9% Water Utility $ 2,090,000.00 17.7% Storm Drainage Utility $ 1,788,287.88 15.1% Street Light Utility $ 60,000.00 0.5% Street Reconstruction Fund $ 3,161,549.43 26.8% Municipal State Aid Fund $ 1,510,000.00 12.8% Total $ 11,800,000.00 100% Note: These are only preliminary estimated amounts –these amounts will change. Costs and funding will be further updated and revised in the final design stage and bidding of the project. 5 6 Preliminary Assessment Area Special Assessments - Estimated Amounts & Payment Options The City has an Assessment Policy that outlines how street improvement projects are funded. The proposed assessments were calculated in accordance with the City’s Special Assessment Policy. The assessment and interest rates were adopted by the City Council at the November 9, 2020 Council Meeting. Payment Options: 1. Pay in full ‐No interest between March & Sept. 30, 2021 2. Pay in full from Oct. 1 to Nov. 21, 2021 with interest from Oct. 1 3. Pay in installments with property taxes over a 10‐year period starting in 2022 •Partial prepayments cannot be accepted •If the assessments are approved an Assessment Reminder Letter will be sent to property owners •Deferment Questions: Contact Engineering at 763‐569‐3340 7 Assessment Rate for Street and Storm Improvements: •2021 Assessment Rates for R1 properties: Street assessment =$4,707 Per Property* Storm assessment = $1,412 Per Property* Total assessment = $6,119 Per Property •2021 Assessment Rates for R3 properties: based on front foot basis, divided by total number of units •2021 Assessment Rates for R4/R5/C properties: based on acreage with a “A” zone rate and a “B” zone rate •2021 Interest Rate: 3.0% (0.5% decrease from 2020) *For properties which may be legally subdivable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unit R1 assessment. Estimated Payment Amount Note: These are only preliminary estimated amounts – these amounts will change dependent on when interest starts accruing. Approximate monthly payment ranges from $53 ‐$70. 8 Preliminary Project Schedule •Neighborhood Informational Meeting September 10, 2020 •City Council Received Feasibility Report September 28, 2020 •Held Improvement Public Hearing/Order Plans October 26, 2020 •Established 2020 Assessment Rates November 9, 2020 •Assessment Public Hearing/Certify Assessment Roll December 14, 2020 •Approve Plans/Advertise for Bids January 2021 •Accept Bids/Award Project February/March 2021 •Begin Construction April 2021 •Substantial Completion October 2021 9 Recommended Action Public Hearing on Special Assessments –Simple Majority •Motion to open Public Hearing on Special Assessments •Take public input on the special assessments •Motion to close Public Hearing •Consideration of comments and motion to adopt resolution Certifying Special Assessments for Improvement Project Nos. 2021‐01 and 2021‐ 02, Grandview South Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls 10 C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY:M ark Ebens teiner, F inance D irector S U B J E C T:A n O rdinance A mending O rdinance No. 2018-08 Regarding C ouncil S alaries for 2021- 2022 B ackground: Every two years the F inancial Commission is required by the C ity C ouncil Code of Policies to review the s alaries for the Mayor and C ity C ouncil and recommend any changes that may seem appropriate. The F inancial Commission has review ed the s alaries in comparison to a s pecified group of comparison ci6es as outlined by policy. The data on comparison with those ci6es for the years 2016 through 2020 is a8ached. The F inancial C ommis s ion met on Thursday, November 16, 2020 to review the a8ached informa6on and make their recommenda6on. Follow ing a dis cus s ion the C ommis s ion unanimous ly recommended that the Mayor and C ity C ouncil s alaries increase by two percent for 2021 and 2022. The Commission cited that the tw o percent increas es were cons is tent with recent s taff w age adjustments. The C ommis s ion also sugges ted an increas e would show apprecia6on to the C ity C ouncil for the 6me spent a8ending mee6ngs and their belief that the City has func6oned well over the past two years. The firs t reading of the a8ached ordinance was approved on November 23, 2020. S ubs equently, no6ce of a public hearing on the ordinance w as published in the S un Post new s paper on D ecember 3, 2020 as required by law. Following input from the public, it is requested that the Council vote on the new ordinance es tablishing 2021 and 2022 salaries. The ordinance w ill become effec6ve J anuary 1, 2021. This item w as firs t read on November 23, 2020; published in the official new s paper on D ecember 3, 2020; and is offered this evening for a second reading and P ublic H earing. Requested Council A con: - Mo6on to open P ublic H earing - Take public input - Mo6on to clos e P ublic H earing - Mo6on to adopt O rdinance B udget I ssues: Under the recommended proposal, the w age adjustments for the M ayor and City Council will increas e in total by $1,042 for 2021 and an addi6onal $1,063 for 2022. I f approved, these amounts w ill be incorporated in the 2021 and 2022 budgets . S trategic Priories and Values: O pera6onal Excellence AT TA C H M E N TS : D escrip6on U pload D ate Type C ouncil Wage Comparis on 12/8/2020 Backup M aterial C ouncil Wage Considera6on 12/8/2020 Backup M aterial M N S tatute 415.11 12/8/2020 Backup M aterial O rdinance - Council S alaries 2021-2022 12/8/2020 O rdinance City of Brooklyn Center Comparative Mayor and Council Wages 2010 Census City Population Mayor Council Mayor Council Mayor Council Mayor Council Mayor Council Maplewood 38,018 13,618$ 11,986$ 13,479$ 11,864$ 13,958$ 12,286$ 13,958$ 12,286$ 13,958$ 12,286$ Richfield 35,228 10,379 8,070 11,350 8,809 12,012 9,323 12,012 9,323 12,372 9,603 Roseville 33,660 9,300 7,020 9,300 7,020 9,300 7,020 9,300 7,020 9,300 7,020 Brooklyn Center 30,104 11,846 9,070 12,083 9,251 12,325 9,436 12,572 9,625 12,823 9,817 Fridley 27,208 10,689 8,270 10,689 8,779 10,689 8,779 10,689 8,779 10,689 8,779 Shoreview 25,043 9,348 6,936 9,540 7,080 9,540 7,080 9,828 7,296 9,828 7,296 White Bear Lake 23,797 9,600 7,500 9,600 7,500 9,600 7,500 9,600 7,500 9,600 7,500 Crystal 22,151 10,620 8,170 10,620 8,170 10,620 8,170 10,885 8,374 10,885 8,374 Golden Valley 20,371 12,207 9,136 12,207 9,136 12,825 9,598 12,825 9,598 13,530 10,126 New Hope 20,339 12,037 8,791 12,338 9,011 12,646 9,236 13,025 9,513 13,416 9,798 Average 27,592 10,964$ 8,495$ 11,121$ 8,662$ 11,352$ 8,843$ 11,469$ 8,931$ 11,640$ 9,060$ Median 26,126 10,655$ 8,220$ 11,019$ 8,794$ 11,351$ 9,008$ 11,449$ 9,051$ 11,629$ 9,191$ Brooklyn Center as a % of: Average 109% 108% 107% 109% 107% 109% 107% 110% 108% 110% 108% Median 115% 111% 110% 110% 105% 109% 105% 110% 106% 110% 107% Notes: Golden Valley: Pays per diem of $50 per extra meeting, which is capped at a maximum of $150 per month. Also provides city-owned tablet for Mayor/Council member use, which eliminated paper packets. New Hope Members also receive $25 per EDA meeting and have a city issued iPad with data plan Maplewood:Members are provided a city iPad if needed. Fridley:Members are provided a City issued laptop. Members are eligible for health insurance, with the same contributions as full-time employees. Council wage is the blended rate of: At Large ($8,779) and Council ($7,761). Crystal:Members are provided a technology allowance, which will not exceed $250 annually. 2019 20202017 20182016 VIII.a - Council Wage Comparison 11/17/2020 Current 1% 2% 3% 1% 2% 3% Compensation Increase 2021 Increase 2021 Increase 2021 Increase 2022 Increase 2022 Increase 2022 Mayor 12,823$ 12,951$ 13,079$ 13,208$ 13,081$ 13,341$ 13,604$ Council Member 9,817$ 9,915$ 10,013$ 10,112$ 10,014$ 10,214$ 10,415$ Total Cost 52,091$ 52,612$ 53,133$ 53,654$ 53,138$ 54,195$ 55,263$ Difference Year 521$ 1,042$ 1,563$ 526$ 1,063$ 1,610$ Total Difference 1,047$ 2,104$ 3,172$ Proposed 2021 Proposed 2022 Proposed Mayor and City Council Compensation for 2021-22 City of Brooklyn Center 415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. Subdivision 1.Set by ordinance.Notwithstanding the provisions of any general or special law, charter, or ordinance, the governing body of any statutory or home rule charter city of the second, third or fourth class may by ordinance fix their own salaries as members of such governing body, and the salary of the chief elected executive officer of such city, in such amount as they deem reasonable. Subd. 2.After next election.No change in salary shall take effect until after the next succeeding municipal election. Subd. 3.Temporary reductions.Notwithstanding subdivision 2 or a charter provision to the contrary, the governing body may enact an ordinance to take effect before the next succeeding municipal election that reduces the salaries of the members of the governing body. The ordinance shall be in effect for 12 months, unless another period of time is specified in the ordinance, after which the salary of the members reverts to the salary in effect immediately before the ordinance was enacted. History: Ex1967 c 42 s 1,2; 1976 c 44 s 34; 2009 c 152 s 17 Official Publication of the State of Minnesota Revisor of Statutes 415.11MINNESOTA STATUTES 20201 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of December 2020, at 7 p.m. or as soon thereafter as part of the regular City Council meeting. The WebEx meeting can be accessed electronically by https://logis.webex.com/logis/j.php?MTID=m4e2521c99a845acbd144c753f56caf69 or by calling 1- 312-535-8110 Access Code: 133 791 1584 As City Hall is currently closed due to the COVID-19 pandemic, we strongly encourage you to forward your comments and questions to the City Clerk at bsuciu@ci.brooklyn-center.mn.us or by phone at 763-569-3306. ORDINANCE NO. ____________________ AN ORDINANCE AMENDING ORDINANCE NO. 2018-08 REGARDING COUNCIL SALARIES FOR 2021-2022. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 2018-08 which amended the amount of the annual compensation to be paid to the Mayor and Council Members to become effective January 1, 2019, is hereby amended. Section 2. Effective January 1, 2021, the annual salary for the Mayor shall be $13,079 and the annual salary for Council Members shall be $10,013. Section 3. Effective January 1, 2022, the annual salary for the Mayor shall be $13,341 and the annual salary for Council Members shall be $10,214. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2020. Mayor ATTEST: City Clerk Date of Publication Effective Date (Underline indicates new matter.) C ouncil R egular M eeng DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :M eg Beekman, C ommunity D evelopment D irector BY: S U B J E C T:A n O rdinance A mending C hapter 27 of the City Code of O rdinances Regarding the O pera.on of S nowmobiles, A ll-Terrain Vehicles, O ff-H ighway M otorcycles and O ther Recrea.onal Vehicles w ithin the C ity B ackground: T he C ity of B rooklyn C enter has previously adopted C hapter 27-901 to 27-909 (a6ached) regarding the use of snowmobiles within city limits. C urrently the ordinance does not allow for the use of snowmobiles on public streets, roadway, shoulders, inside the bank or slope of any state trunk, county state aid, or county highway. T he current ordinance however does not prevent the use of a snowmobile on individual property or on private property with the owner’s consent. I n addi.on, the C ity C ode is silent on the use of other recrea.onal or all terrain vehicles both on private or public property. T he C ity C ouncil reviewed this topic at their September 24 work session. T hey directed the item to the Housing C ommission for review and a recommenda.on. This topic w as brought to the H ousing Commission for review at their O ctober 20, 2020, mee.ng. The H ousing Commission discussed the ordinances and had s everal concerns about the propos ed ordinance. A s ummary of their discussion and recommenda.on is as follow s : 1. H ousing Commission sugges ted that recrea.onal vehicles s hould be a permi6ed us e on residen.al proper.es 2. I t was also sugges ted that if recrea.onal vehicles are prohibited on private property, then an exemp.on s hould be stated to allow res idents who have direct lake acces s be allow ed to operate their recrea.onal vehicles on their property. 3. The H ous ing C ommis s ion approved of the overall changes to the ordinance as they help to clarify and clean up the ordinance. 4. The H ous ing C ommis s ion recommenda.on was to adopt the proposed ordinance with adding an exemp.on under 27-902 to allow for the use on private property from the hours of 7am to 10pm. 5. The H ous ing C ommis s ion s uggested that any unusually noisy us e would be res tricted by sec.on 27- 903, while s .ll allow ing use in s ec.on 27-902. The language in 27-903 states that nois es that are annoying or cause a disturbance are prohibited. This w ould place the burden on a neighbor to not only call in the complaint, but provide tes .mony that the use of the recrea.onal vehicle caus ed dis turbance or annoyed if the ma6er w ere to go to court. At the November 9, 2020 C ity C ouncil Work S es s ion the C ity C ouncil provided direc.on on the ordinance regarding the opera.on of snowmobiles, all-terrain vehicles , and off-highw ay motorcycles . The City Council directed staff to prepare an ordinance that aligned w ith the H ous ing C ommis s ion's recommenda.ons. The ordinance has been updated w ith the recommenda.ons from the H ous ing C ommis s ion and the City Council's direc.on. The ordinance has been draAed to prohibit the us e on public streets and allow for uses on private property. F urther modifica.on w as made to require s now mobiles to have property noise preven.on equipment (mufflers ). B udget I ssues: There are no budget is s ue to consider with this ac.on. S trategic Priories and Values: S afe, S ecure, S table C ommunity AT TA C H M E N TS : D escrip.on U pload D ate Type O rdinance 12/1/2020 O rdinance Res olu.on for S ummary P ublica.on 12/8/2020 Resolu.on Le6er 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11 day of January, 2021, at 7:00 p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting to consider an ordinance related to the operation of all-terrain vehicles and snowmobiles in the City. City Council meetings are being conducted by electronic means under Minnesota Statutes, section 13D.021 and information on how to connect to the meeting is provided on the City’s website. Please notify the City Clerk at 763-569-3306 if there are any questions about how to connect to the meeting. ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY CODE OF ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES, ALL- TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER RECREATIONAL VEHICLES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: ARTICLE I. Section 27-901 of the Brooklyn Center City Code is hereby amended as follows: SNOWMOBILES, ALL-TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER RECREATIONAL VEHICLES Section 27-901. DEFINITIONS. For the purposes of this ordinance Sections 27-901 through 27-908, the terms used herein shall have the following meanings ascribed to them: Person - includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. Snowmobile - means a self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners. Owner - means a person, other than a lien holder, having the property ownership in or title to snowmobile a recreational vehicle and entitled to the use or possession thereof. Operate - means to ride in or on and control the operation of a snowmobile recreational vehicle. Operator - means every person who operates or is in actual physical control of a snowmobile recreational vehicle. 2 Roadway - means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder. Street or highway - means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. All-Terrain Vehicle or ATV - means a motorized vehicle with (1) not less than three but not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. An all-terrain vehicle includes Class 1 all-terrain vehicles and Class 2 all- terrain vehicles. An all-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart, or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes. All ATV’s must be registered with the Minnesota Department of Natural Resources, unless exempted. ATV’s must also be registered with Hennepin County. Off-Highway Motorcycle - means a motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under Minnesota Statutes Chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain. Recreational Vehicle - means a self-propelled vehicle, including an ATV, off-highway motorcycle, snowmobile, motorized golf cart, utility task vehicle, or any other vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners, or a vehicle designed for operation on a paved surface that is not licensed by the Minnesota Department of Public Safety or equivalent agency in another state for operation on public roads. A recreational vehicle does not include a mini truck, a wheelchair, or a electronic personal assistive mobility device, as defined in Minnesota Statutes, section 169.011. This term is a general reference to all of the types of vehicles regulated under Sections 27-901 through 27-908. Utility Task Vehicle – means a side-by-side, four-wheel drive, off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds. ARTICLE II. Section 27-902 and 27-903 of the Brooklyn Center City Code regarding the operation of snowmobiles within the City are hereby deleted and replaced with the following: Section 27-902. UNLAWFUL OPERATION. It shall be unlawful for any person to operate a recreational vehicle within the limits of the City, unless such operation is within one of the following exemptions: 1. On public streets or highways in an emergency, but only when travel by automobile 3 is rendered practically impossible because of the depth of snow on streets and highways. Any such operation may only be on the righthand side of such street or highway and in the same direction as the regular flow of traffic; 2. On public streets or highways when operated in a parade or other civic function authorized by the city council or chief of police; 3. On a public street or highway which has been closed by lawful order to vehicular traffic for the purpose of allowing use by a recreational vehicle; 4. Entirely within an enclosed building when the use of a recreational vehicle is part of a commercial use authorized under the City’s zoning regulations; 5. The operation of recreational vehicles by police, fire, ambulance, or other emergency services as part of providing services within the City; 6. The operation of recreational vehicles by City public works staff as part of their official duties; 7. For the immediate loading or unloading of a recreational vehicle onto or from a trailer or other vehicle; 8. For snow removal by the property owner; 9. The operation of recreational vehicles by a public utility company as part of its construction or maintenance activities; 10. The operation of a snowmobile for direct access to adjoining public land or public water on which the operation of snowmobiles is permitted; or 11. The operation of a recreational vehicle on private property between the hours of 7 a.m. and 10 p.m. with the express consent of the property owner. All references to the operation of a recreational vehicle within the City under Sections 27-901 through 27-908 are limited to operations occurring under the one of the above exceptions. All other operations of recreational vehicles within the City including, but not limited to, operations on private property, streets, or highways, are prohibited and constitute a violation of this City Code. Section 27-903. OPERATION RESTRICTIONS AND LIMITATIONS. To the extent the operation of a recreational vehicle is allowed under Section 27-902, it is unlawful for any person to operate such recreational vehicle: 1. In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; 2. In a manner so as to create an unreasonably loud, disturbing, unnecessary, or 4 unusual noise which is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a reasonable person of ordinary sensibilities who might be in its vicinity; 3. For more than five hours out of any continuous six-hour period; 4. While under the influence of intoxicating liquor or narcotics or habit-forming drugs; 5. So as to tow any person or thing on a highway except through the use of rigid tow bar attached to the rear of the snowmobile, all-terrain vehicle, off-highway motorcycle or recreational vehicle; 6. At a rate of speed greater than reasonable or proper under all the surrounding circumstances; or 7. If it does not contain all of the equipment required by state law or Section 27-904. Nothing in this section prohibits a person from bringing a suit against the owner of a recreational vehicle alleging the operation of the recreational vehicle constitutes a prohibited nuisance. ARTICLE III. Section 27-904 of the Brooklyn Center City Code is hereby amended as follows: Section 27-904. EQUIPMENT. 1. To the extent the operation of a snowmobile (recreational vehicle) is allowed under Section 27-902, it It is unlawful for any person to operate a snowmobile any place within the limits of the City of Brooklyn Center unless it is equipped with the following: 1.a. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulation NR57 which is hereby adopted by reference. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. Mufflers shall comply with Minnesota Rules, Part 6100.5700. 2.b. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. 3.c. A safety or so-called “deadman” throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. 4.d. At least one clear lamp attached to the front with sufficient intensity to 5 reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment shall be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility. 5.e. Reflective material at least 16 square inches on each side, forward of the handlebars so as to reflect or beam light at a 90-degree angle. 2. No recreational vehicle shall be operated within the limits of the City unless it is equipped with the equipment required by Minnesota Rules, Part 6102.0040. 3. A recreational vehicle may not be modified by any person in any manner that will amplify or otherwise increase total noise emissions to a level greater than that emitted by the recreational vehicle as originally constructed, regardless of the date of manufacture. ARTICLE IV. Section 27-905 of the Brooklyn Center City Code is hereby deleted and replaced with the following: Section 27-905. PROHIBITION ON PERSON IN LAWFUL CONTROL. It shall be unlawful for any person who is in lawful control of a recreational vehicle to permit it to be operated contrary to Sections 27-901 through 27-908. ARTICLE V. Section 27-906 of the Brooklyn Center City Code is hereby amended as follows: Section 27-906. LEAVING SNOWMOBILE, ALL-TERRAIN VEHICLE, OFF- HIGHWAY MOTORCYCLE OR RECREATIONAL VEHICLE UNATTENDED. Every person leaving a snowmobile recreational vehicle in a public place shall lock the ignition, remove the key, and take same with him them. ARTICLE VI. Section 27-907 of the Brooklyn Center City Code is hereby amended as follows: Section 27-907. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile recreational vehicle. ARTICLE VII. Section 27-908 of the Brooklyn Center City Code is hereby amended as follows: Section 27-908. VIOLATIONS. Every person convicted of a violation of any of the provisions of this ordinance Sections 27-901 through 27-907 shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than ninety 6 (90) days, or both, but in either case the costs of prosecution may be added. As an alternative to issuing a criminal citation, the City may issue an administrative citation and impose a civil penalty under Chapter 18 of the City Code for a violation of any provision of Sections 27-901 through 27-907. ARTICLE VIII. Section 27-909 of the Brooklyn Center City Code is hereby amended by deleting it as follows: Section 27-909. SEVERABILITY. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the part held to be invalid. ARTICLE IX. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ___ day of __________, 2020. ____________________________ Mike Elliott, Mayor ATTEST: _________________________ City Clerk Date of Publication _________________________ Effective Date _____________________________ (Strikeout indicates material to be deleted, double underline indicates new material.) Member introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER HENNEPIN COUNTY RESOLUTION NO. 2020-___ RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2020-___ WHEREAS, the City Council of the City of Brooklyn Center is considering the adoption of the above-referenced ordinance concerning the operation of snowmobiles and recreational vehicles within the City (“Ordinance”); and WHEREAS, City Charter, Section 3.05 requires the publication of a proposed ordinance in the City’s official newspaper at least one week prior to the final passage; and WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication of adopted ordinances by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council determines publishing the entire text of the Ordinance is not in the best interests of the City as the Ordinance is readily available to the public on the City’s website; and WHEREAS, the City Council determines the following summary clearly informs the public of the intent of Ordinance and where to obtain a copy of the full text. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center as follows: 1. The summary language of the Ordinance provided below is hereby approved for publication in the City’s official newspaper prior to final approval as required by City Charter, Section 3.05, and for publication after adoption as required by Minnesota Statutes, section 412.191, subdivision 4. 2. The City Clerk is authorized to modify the language of the summary as needed to identify whether the Ordinance is being considered or was adopted by the City Council, to make any other corrections as may be needed, or to not publish the summary if the City Council determines not to proceed to a second reading. If the City Council substantially changes the text of the Ordinance so that the summary is no longer accurate, the City Clerk is authorized to correct the summary as needed to reflect the changes. 3. The City Clerk is hereby authorized and directed to publish the summary language and to complete all other ordinance formalities required by Minnesota Statutes, section 412.191, subdivision 4 if the City Council adopts the Ordinance. 4. The following summary language is approved for publication in lieu of publishing the entire text of the Ordinance: CITY OF BROOKLYN CENTER SUMMARY PUBLICATION OF PROPOSED ORDINANCE AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY CODE OF ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES, ALL-TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER RECREATIONAL VEHICLES WITHIN THE CITY Ordinance No. 2020-____ Notice is hereby given that a public hearing will be held on the ____ day of __________, 2020, at 7:00 p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting to consider an ordinance related to the operation of all-terrain vehicles and snowmobiles in the City. City Council meetings are being conducted by electronic means under Minnesota Statutes, section 13D.021 and information on how to connect to the meeting is provided on the City’s website. Please notify the City Clerk at 763-569-3306 if there are any questions about how to connect to the meeting. The ordinance amends Sections 27-901 through 27-908 regarding snowmobiles, adds the regulation of recreational vehicles, modifies definitions, makes it unlawful to operate snowmobiles and recreational vehicles in the City unless such use is consistent with one of the stated exemptions, regulates the operations of such vehicles, requires certain equipment, and provides that administrative citations may be issued for violations. The full text of the ordinance is available on the City’s website and paper copies are available at the City Hall. 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. Council/E D A Work S ession V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection by dialing 1-312-535-8110 A ccess Code: 133 791 1584 December 14, 2020 AGE NDA AC T I V E D I S C US S IO N I T E M S 1.A Concept Development P roposal for 6221 Shingle Creek Parkway (T he Crest A partments) 2.Community Celebration Name P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS 1.Pending I tems Council Retreat Follow-up Council P olicy for City Charter requirement of Mayor's signature on all contracts Strategic P lans for years 2018-2020 and 2021-2023 NOAH Preservation Program Review Special Assessment Policy Opportunity S ite Update Earle Brown Name Tobacco Ordinance F ire Truck Acquisition MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, C ity Manager T HR O UG H:N/A BY:Meg Beekman, C ommunity Development Director S UBJ EC T:A C oncept Development P roposal for 6221 S hingle C reek P arkway (T he C rest Apartments) Recommendation: - C onsider a concept development proposal for 6221 S hingle C reek P arkway (T he C rest Apartments) Background: T he c onc ept review proc es s is an opportunity for the C ity C ounc il to review a development c onc ept prior to a formal proposal from an applic ant, and provide comments, ask ques tions , and indic ate whether or not the C ity would be open to the projec t. C oncept reviews are helpful for projec ts that would involve EDA-owned land or public subs idy, as it provides ins ight to s taff and the developer as to the C ity C ouncil’s level of interest, and any spec ific concerns , related to a projec t. A concept review is c onsidered advisory and is nonbinding to the C ity and the applic ant. No formal action can be taken at a work session, and the C ounc il is not being as ked to vote on the propos al. If the developer choos es to submit a formal application to the C ity to proceed, it would be subject to the full review proc es s , as with any other development application. C oncept P roposal Aeon is the owner and operator of the C rest Apartments, whic h purc hased the building in 2012 and completed a renovation in 2014. T he C rest is a 122-unit affordable muli-family apartment in the c ommunity on 4.37 acres of land. T he property abuts the Hennepin C ounty library and service center to the north and C entennial P ark to the east. Aeon is preparing a C onduit R evenue Bond application to the state for $17,000,000 to c omplete nec es s ary renovations to the existing building and to c onstruc t an additional 47 units of affordable hous ing on the existing s ite. T hey have provided a projec t overview detailing their c onc ept which is attached to this report. T he rehabilitation component of the proposal would provide $5,000,000 of funds for needed improvements to the exis ting building, whic h cons is ts of 78 one-bedroom units and 44 two-bedroom units. T he units are all currently res tric ted at 50% area median inc ome (AMI). T here are an additional eleven units that are s et as ide to s erve pers ons with dis abilities. T he new cons truction component would allow a sec ond multi-family building on the site whic h would provide 47 units of predominantly two and three-bedroom units . T he rents would average roughly 60 percent AMI. T he new building would be s ix s tories in height and include amenities s uc h as a community room, fitnes s spac e and homework room. Due to the presence of floodplains on the s ite, Aeon has not yet determined where the building will be loc ated and has provided s everal pos s ible loc ations . T hey are c urrently proposing 59 parking stalls for the new building. S taff has met with Aeon to disc uss the site lay out and development plan; however, staff has not done a complete review of the propos al, which would occ ur at the time that a full land use application was s ubmitted. Detailed items s uc h as setbacks , s tormwater, grading, traffic circ ulation, etc will all need to be carefully reviewed. Adjus tments to the site plan may be nec es s ary as more detailed plans are developed. F i nanci ng T he developer has submitted a preliminary proforma and s ourc es and us es . T he primary source of financ ing for the development would be 4% Low Income Housing Tax C redits (LI HT C ). T he total projec t costs are es timated to be $36,703,812. T he project would als o include a Tax Inc rement F inanc ing (T I F ) request. At pres ent the developer is antic ipating a reques t of $1,400,000 in T I F ; however a public s ubsidy applic ation has not yet been s ubmitted. It should be noted that any public subsidy request would undergo a thorough review by the City's public finance consultant and would be required to meet the standards set forth in State Statute, which include demonstrating that without the subsidy the project could not go forward on its own. P rocess Aeon is requesting city approval to submit a preliminary application for C onduit Revenue B onds to the state. If approved, the City Council will be asked to hold a public hearing and consider providing authority to issue conduit debt to the project. Aeon will also need to submit to the city for land use entitlements for the project itself along with any application for public subsidy for a full and complete city review. Policy Issues: T he C ity C ouncil is being as ked to cons ider the concept proposal from Aeon and provide feedback on the development plan, site layout, and public subs idy request. Issues for the C ounc il to c onsider: Is the development plan in keeping with the C ity's 2040 future land use plan and long range vision for the area? Are there as pects of concept or overall project that are concerning to the C ouncil? Is the us e of public subs idy appropriate to catalyze the redevelopment of this site? Does the propos ed us e the the site forward the C ity's strategic priorities? S trategic Priorities and Values: Targeted R edevelopment AT TAC HME N T S: Desc ription Upload Date Type P rojec t O verview 12/7/2020 Bac kup Material C oncept Layout 12/7/2020 Bac kup Material The Crest Rehabilitation and Expansion Prepared by Aeon Project Summary Aeon purchased The Crest Apartments in 2012 and initial renovations were completed in 2014. The Crest offers 122 affordable, spacious homes to individuals and families in the Brooklyn Center community with access to the green space at the adjacent Garden City Park. Aeon is proposing a project that would allow for necessary updates to The Crest’s 122 homes as well as add 47 homes on the existing underutilized land. We request that City Council support a submission to Minnesota Management and Budget by the City of Brooklyn Center for Housing Revenue Bonds on behalf of Aeon. Community Need The Twin Cities has a severe need for more affordable homes. There are currently only 37 affordable homes available for every 100 extremely low-income families in need (MN Housing). And without stable housing, people cannot properly address their health, education, employment, and social needs. Given the unusual time we face with the COVID-19 pandemic, there is an even greater need for affordable housing. Renters have lost income, childcare, and social supports. Significant disruptions to the pipeline of new affordable housing could mean fewer new units coming online in the upcoming months or years. Aeon is confident we can navigate this uncertainty. Together, we can ensure our community’s most vulnerable families have access to stability during this national crisis. Rehabilitation of Phase 1 The Crest Phase 1 consists of 122 units, including 78 one- bedroom apartment homes and 44 two-bedroom apartment homes. The units are currently restricted to households at or below 50% of area median income or $36,200 for a single- member household. Additionally, there are eleven units that have Section 811 rental assistance and serve individuals with disabilities. The proposed project will inject approximately $5,000,000 (or $41,000 per unit) in renovations into the 13- story tower. The renovation dollars will allow the existing property to complete necessary improvements to building systems, including plumbing, HVAC, and elevators, to keep the project in good repair for the years to come. These dollars will also allow upgrades to the apartment homes. New Construction of Phase 2 The project is proposing an additional 47-unit building will focus on two- and three-bedroom units for families. The new building will have approximately 4 one-bedroom, 25 two-bedroom and 18 three-bedroom apartment homes. The new units would have a mix of affordability averaging roughly 60% of area median income. The new building is proposed to be a six-story structure with parking occupying the first floor. The building would stand alone with its own community room, management office, fitness space and homework room. The property currently sits in a flood plain, so several building placement options need to be considered. Parking The existing Crest (122 units) would be allocated 117 surface parking stalls. Based on current use, this would be more than adequate to support the existing property. The proposed project would repair the existing parking lot and restripe it to achieve more efficiency in parking. The new construction of 47 units will support 28 surface parking stalls and 31 covered stalls, for a total of 59 stalls. Due to limitations of the site, the covered stalls would occupy the first floor of the new construction building. Financing The Crest currently has an existing HUD Risk Share mortgage on it, with additional funds from Hennepin County and Minnesota Housing. The total existing funding equates to about $2,440,000 – some of which will remain with the project in a new limited partnership and some of which will be replaced with new financing. Property Lender Program Principal Maturity Crest, The Hennepin Co NSP $995,645 10/01/44 Assumed Crest, The MN Housing FFCC $575,000 09/01/44 Repaid Crest, The MN Housing First Mortgage, HRS $872,245 02/01/45 Repaid Total $2,442,890 In partnership with the City of Brooklyn Center, the project aims to request approximately 16,500,000 in tax exempt bonds in January 2021. The project will also secure a first mortgage and anticipates requesting TIF from the City of Brooklyn Center. The general partner is expected to make a contribution to round out the capital stack for the project. The anticipated total development cost for this project is roughly $36,700,000. Uses Sources Acquisition/Existing Debt $12,664,890 First Mortgage $9,686,000 Construction $16,421,619 Low Income Housing Tax Credit $11,577,249 Environmental $75,000 Seller Loan $10,222,000 Professional Fee $1,376,398 Hennepin County (assumed) $995,645 Developer Fee/Consultants $3,300,000 Interim Income $300,000 Financing Costs $1,561,750 Return of Forward Commitment $400,000 Reserves $1,304,156 General Partner Contribution $2,122,918 TIF Request $1,400,000 Total $36,703,812 Total $36,703,812 ** Sources and Uses are subject to change during underwriting. Construction Financing: Construction Sources Tax Exempt Bonds $16,301,571 Taxable Bonds $2,646,228 18,947,799 Timeline Jan 2021 Bond Application Submission July 2021 Project Close July 2021 Construction Begins December 2022 Rehab Complete* December 2022 New Construction Complete* * Due to COVID, timing for construction and renovation will be closely monitored to ensure resident health and safety throughout construction. Contact Information: Leslie Roering, Senior Real Estate Developer lroering@aeon.org 612-746-4853 BKV GROUPENRICHING LIVES AND STRENGTHENING COMMUNITIES BKV GROUPENRICHING LIVES AND STRENGTHENING COMMUNITIES BKV GROUPENRICHING LIVES AND STRENGTHENING COMMUNITIES T R A C T A SH I N G L E C R E E K P A R K W A Y FLOOD ZONE X FLOOD ZONE AE FLOOD ZONE X Client Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved: Book / Page: Phase: Initial Issued: AEON THE CREST APARTMENTS 6221 SHINGLE CREEK PARKWAY, BROOKLYN CENTER, MN JCB MFH 360/74 8/29/12 C AEO19333 I hereby certify to Hennepin County, Minnesota Housing Finance Agency, Aeon, a Minnesota non-profitcorporation; The Crest Apartments LLC, a Minnesota limited liability company; and Commonwealth LandTitle Insurance Company, and to their heirs, successors and assigns, that I have surveyed the propertylegally described hereon; that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/Acsm Land Title Surveys,jointly established and adopted by ALTA and NSPS, and includes 1, 2, 3, 4, 6(a), 7a, 8, 9, 10(a), 11(b), 19 and 20(a) of Table A thereof. The field work was completed on July 7, 2012. Dated this 21st day of October, 2013. MFRA, Inc. Marcus F. Hampton, LSMinnesota License No. 47481 This certification is not valid unless wet signed in blue ink. 1. The bearing system is based on Registered Land Survey No. 1359. 2. Subject property's address is 6221 Shingle Creek Parkway, its property identification number is35-119-21-34-0004. 3. Field work was completed on 7/10/12. FOUND MONUMENT SET MONUMENTMARKED LS 47481 ELECTRIC METER LIGHT POLE SANITARY SEWER STORM SEWER WATERMAIN FLARED END SECTION ELECTRIC TRANSFORMER AIR CONDITIONER GUY ANCHOR HANDICAP STALL UTILITY POLE BOLLARD SIGN TELEPHONE PEDESTAL GAS METER OVERHEAD WIRE WOOD FENCE EASEMENT LINE SETBACK LINE RESTRICTED ACCESS BUILDING LINE BUILDING CANOPY CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE LANDSCAPE SURFACE DECIDUOUS TREE CONIFEROUS TREE 0 SCALE IN FEET 30 60 VICINITY MAP LEGEND SURVEY NOTES Description from title commitment: Tract A, Registered Land Survey No. 1359, Hennepin County, Minnesota. Together with common driveway and pedestrian use easements contained in Document Nos. 1429165and 1098796. Torrens Property (Certificate No. 1374120) Referencing Title Commitment No. 234930, dated September 12, 2013, that Commonwealth Land TitleInsurance Company has provided us, the following comments on easements etc., that the property issubject to in Schedule B, Section 2 thereof using the same numbering system as in said Section 2.Exception Items No's. 1-10, 12-13, 19-22, and 24 are not Survey related items. 11. Private reservation of mineral and mineral rights, as set forth in prior deeds by the Regents of the University of Minnesota. Blanket in Nature. 14. Easement for storm sewer, sanitary sewer and water main purposes in favor of the City of Brooklyn Center, a Minnesota municipal corporation, as contained in Easement Grant dated June 7, 1971, filedof record June 23, 1973, as Document No. 1000599. Easement is shown on survey. 15. Easement for water main purposes in favor of the City of Brooklyn Center, a Minnesota municipalcorporation, as contained in Easement Grant dated April 3, 1973, filed of record May 23, 1974, asDocument No. 1071235. Easement is shown on survey. 16. Easement for ingress and egress driveway and pedestrian purposes in favor of of the owner of Tract B, Registered Land Survey No. 1359 as contained in Agreement between adjoining owners creatingCommon Easement for Driveway Purposes and Pedestrian Use dated November 30, 1973, filed ofrecord February 11, 1974, as Document No. 1098796. Easements are shown on survey. 17. Easement for installation of paving, curb and gutter and sidewalk purposes in favor of the City ofBrooklyn Center, a Minnesota municipal corporation, as contained in Easement Grant andMaintenance Agreement dated May 1, 1986, filed of record May 15, 1986, as Document No. 1723923. Easement is shown on survey. 18. Easement for electrical purposes in favor of Northern States Power Company, a Minnesotacorporation, as contained in Underground Easement dated September 28, 1971, filed of recordOctober 1, 1971, as Document No. 1011148. Easement is blanket in nature. 23. Terms and conditions of Easement for ingress and egress and driveway purposes, dated March 19,1981, recorded June 19, 1991 as Document No.1429165, by and between the County of Hennepinand Shingle Creek Tower. Easement is shown on survey. SUBJECT PROPERTY 3. The subject property lies within Flood Plain Zones X(other areas), X(other flood areas) and AE, per FEMA, FIRM Map No. 27053C0208E dated 9/2/04. Per Letter of Map Amendment DeterminationDocument (Removal), dated October 15, 2002, the structure on the subject property has beenremoved from the Special Flood Hazard Area. 4. The gross area of the subject property is 4.376 Acres or 190,629 Square Feet. 6a. Per Zoning Letter dated May 31, 2013, prepared by the City of Brooklyn Center, the subject property iscurrently zoned R-7 (Multiple Family Residence), and is subject to the following setbacks: Building:Parking:Front yard: 50 feet From street right of way:15 feetRear yard: 40 feetSide yard: 20 feet 7a. The building and exterior dimensions of the outside wall at ground level are shown on the survey. Itmay not be the foundation wall. 9. The parking areas and striping on the subject property are shown. There are 7 handicapped parkingstalls, and there are 130 regular parking stalls for a total of 137 parking stalls. 10a. The client has designated no division or party walls with respect to adjoining properties. 11. Underground utilities are per a combination of the following:a. Observed evidenceb. As located for us by Gopher State One-Call, Ticket No. 121802419, dated 7/6/2012. A Gopher State One Call (GSOC) request was placed on 6/28/2012 for utility locates on this site. Theunderground utility locations, shown hereon, if any, are based upon locates from those utilityproviders that actually performed a locate as a result of this request. Utility suppliers often do not respond to these requests but may provide ambiguous maps, plans, and drawings in lieu of physicallocation. The surveyor makes no guarantees that the underground utilities shown comprise all suchutilities in the area, either in service or abandoned. Utility information shown hereon, if any, is acompilation of this map information and those visible utilities that were located during the survey field work. The surveyor further does not warrant that the underground utilities shown hereon, if any, arein the exact location as indicated, although he does certify that they are located as accurately aspossible from information available. The surveyor has not physically located the underground utilities.Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 19. Wetlands were delineated by MFRA, Inc., on July 10, 2012, and are shown hereon. "TABLE A" NOTES CERTIFICATION SITE Oct 21, 2013 - 10:57am - User:249 L:\PROJECTS\AEO19333\dwg\19333-ALTA.dwg 1/1 ALTA/ACSM LAND TITLE SURVEY SUMMIT DR N SHI N G L E C R E E K PAR K W A Y 94 DETAIL GROUND LIGHT FIRE HOOKUP WATERVALVE MH ELECTRIC OUTLET TRAFFIC LIGHT A 2/4/13 MFH 2nd Amended Commitment; Exception Documents B 9/25/13 MFH 3rd Amended Commitment C 10/21/13MFH Updated Commitment 12,447.21 sf 1,446.98 sf 5 LEVELS 1 LEVEL VIGNETTE 1 T R A C T A SH I N G L E C R E E K P A R K W A Y FLOOD ZONE X FLOOD ZONE AE FLOOD ZONE X Client Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved: Book / Page: Phase: Initial Issued: AEON THE CREST APARTMENTS 6221 SHINGLE CREEK PARKWAY, BROOKLYN CENTER, MN JCB MFH 360/74 8/29/12 C AEO19333 I hereby certify to Hennepin County, Minnesota Housing Finance Agency, Aeon, a Minnesota non-profitcorporation; The Crest Apartments LLC, a Minnesota limited liability company; and Commonwealth LandTitle Insurance Company, and to their heirs, successors and assigns, that I have surveyed the propertylegally described hereon; that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/Acsm Land Title Surveys,jointly established and adopted by ALTA and NSPS, and includes 1, 2, 3, 4, 6(a), 7a, 8, 9, 10(a), 11(b), 19 and 20(a) of Table A thereof. The field work was completed on July 7, 2012. Dated this 21st day of October, 2013. MFRA, Inc. Marcus F. Hampton, LSMinnesota License No. 47481 This certification is not valid unless wet signed in blue ink. 1. The bearing system is based on Registered Land Survey No. 1359. 2. Subject property's address is 6221 Shingle Creek Parkway, its property identification number is35-119-21-34-0004. 3. Field work was completed on 7/10/12. FOUND MONUMENT SET MONUMENTMARKED LS 47481 ELECTRIC METER LIGHT POLE SANITARY SEWER STORM SEWER WATERMAIN FLARED END SECTION ELECTRIC TRANSFORMER AIR CONDITIONER GUY ANCHOR HANDICAP STALL UTILITY POLE BOLLARD SIGN TELEPHONE PEDESTAL GAS METER OVERHEAD WIRE WOOD FENCE EASEMENT LINE SETBACK LINE RESTRICTED ACCESS BUILDING LINE BUILDING CANOPY CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE LANDSCAPE SURFACE DECIDUOUS TREE CONIFEROUS TREE 0 SCALE IN FEET 30 60 VICINITY MAP LEGEND SURVEY NOTES Description from title commitment: Tract A, Registered Land Survey No. 1359, Hennepin County, Minnesota. Together with common driveway and pedestrian use easements contained in Document Nos. 1429165and 1098796. Torrens Property (Certificate No. 1374120) Referencing Title Commitment No. 234930, dated September 12, 2013, that Commonwealth Land TitleInsurance Company has provided us, the following comments on easements etc., that the property issubject to in Schedule B, Section 2 thereof using the same numbering system as in said Section 2.Exception Items No's. 1-10, 12-13, 19-22, and 24 are not Survey related items. 11. Private reservation of mineral and mineral rights, as set forth in prior deeds by the Regents of the University of Minnesota. Blanket in Nature. 14. Easement for storm sewer, sanitary sewer and water main purposes in favor of the City of Brooklyn Center, a Minnesota municipal corporation, as contained in Easement Grant dated June 7, 1971, filedof record June 23, 1973, as Document No. 1000599. Easement is shown on survey. 15. Easement for water main purposes in favor of the City of Brooklyn Center, a Minnesota municipalcorporation, as contained in Easement Grant dated April 3, 1973, filed of record May 23, 1974, asDocument No. 1071235. Easement is shown on survey. 16. Easement for ingress and egress driveway and pedestrian purposes in favor of of the owner of Tract B, Registered Land Survey No. 1359 as contained in Agreement between adjoining owners creatingCommon Easement for Driveway Purposes and Pedestrian Use dated November 30, 1973, filed ofrecord February 11, 1974, as Document No. 1098796. Easements are shown on survey. 17. Easement for installation of paving, curb and gutter and sidewalk purposes in favor of the City ofBrooklyn Center, a Minnesota municipal corporation, as contained in Easement Grant andMaintenance Agreement dated May 1, 1986, filed of record May 15, 1986, as Document No. 1723923. Easement is shown on survey. 18. Easement for electrical purposes in favor of Northern States Power Company, a Minnesotacorporation, as contained in Underground Easement dated September 28, 1971, filed of recordOctober 1, 1971, as Document No. 1011148. Easement is blanket in nature. 23. Terms and conditions of Easement for ingress and egress and driveway purposes, dated March 19,1981, recorded June 19, 1991 as Document No.1429165, by and between the County of Hennepinand Shingle Creek Tower. Easement is shown on survey. SUBJECT PROPERTY 3. The subject property lies within Flood Plain Zones X(other areas), X(other flood areas) and AE, per FEMA, FIRM Map No. 27053C0208E dated 9/2/04. Per Letter of Map Amendment DeterminationDocument (Removal), dated October 15, 2002, the structure on the subject property has beenremoved from the Special Flood Hazard Area. 4. The gross area of the subject property is 4.376 Acres or 190,629 Square Feet. 6a. Per Zoning Letter dated May 31, 2013, prepared by the City of Brooklyn Center, the subject property iscurrently zoned R-7 (Multiple Family Residence), and is subject to the following setbacks: Building:Parking:Front yard: 50 feet From street right of way:15 feetRear yard: 40 feetSide yard: 20 feet 7a. The building and exterior dimensions of the outside wall at ground level are shown on the survey. Itmay not be the foundation wall. 9. The parking areas and striping on the subject property are shown. There are 7 handicapped parkingstalls, and there are 130 regular parking stalls for a total of 137 parking stalls. 10a. The client has designated no division or party walls with respect to adjoining properties. 11. Underground utilities are per a combination of the following:a. Observed evidenceb. As located for us by Gopher State One-Call, Ticket No. 121802419, dated 7/6/2012. A Gopher State One Call (GSOC) request was placed on 6/28/2012 for utility locates on this site. Theunderground utility locations, shown hereon, if any, are based upon locates from those utilityproviders that actually performed a locate as a result of this request. Utility suppliers often do not respond to these requests but may provide ambiguous maps, plans, and drawings in lieu of physicallocation. The surveyor makes no guarantees that the underground utilities shown comprise all suchutilities in the area, either in service or abandoned. Utility information shown hereon, if any, is acompilation of this map information and those visible utilities that were located during the survey field work. The surveyor further does not warrant that the underground utilities shown hereon, if any, arein the exact location as indicated, although he does certify that they are located as accurately aspossible from information available. The surveyor has not physically located the underground utilities.Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 19. Wetlands were delineated by MFRA, Inc., on July 10, 2012, and are shown hereon. "TABLE A" NOTES CERTIFICATION SITE Oct 21, 2013 - 10:57am - User:249 L:\PROJECTS\AEO19333\dwg\19333-ALTA.dwg 1/1 ALTA/ACSM LAND TITLE SURVEY SUMMIT DR N SHI N G L E C R E E K PAR K W A Y 94 DETAIL GROUND LIGHT FIRE HOOKUP WATERVALVE MH ELECTRIC OUTLET TRAFFIC LIGHT A 2/4/13 MFH 2nd Amended Commitment; Exception Documents B 9/25/13 MFH 3rd Amended Commitment C 10/21/13MFH Updated Commitment 10,936.92 sf 6 LEVELS VIGNETTE 3 T R A C T A SH I N G L E C R E E K P A R K W A Y FLOOD ZONE X FLOOD ZONE AE FLOOD ZONE X Client Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved: Book / Page: Phase: Initial Issued: AEON THE CREST APARTMENTS 6221 SHINGLE CREEK PARKWAY, BROOKLYN CENTER, MN JCB MFH 360/74 8/29/12 C AEO19333 I hereby certify to Hennepin County, Minnesota Housing Finance Agency, Aeon, a Minnesota non-profitcorporation; The Crest Apartments LLC, a Minnesota limited liability company; and Commonwealth LandTitle Insurance Company, and to their heirs, successors and assigns, that I have surveyed the propertylegally described hereon; that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/Acsm Land Title Surveys,jointly established and adopted by ALTA and NSPS, and includes 1, 2, 3, 4, 6(a), 7a, 8, 9, 10(a), 11(b), 19and 20(a) of Table A thereof. The field work was completed on July 7, 2012. Dated this 21st day of October, 2013. MFRA, Inc. Marcus F. Hampton, LSMinnesota License No. 47481 This certification is not valid unless wet signed in blue ink. 1. The bearing system is based on Registered Land Survey No. 1359. 2. Subject property's address is 6221 Shingle Creek Parkway, its property identification number is35-119-21-34-0004. 3. Field work was completed on 7/10/12. FOUND MONUMENT SET MONUMENTMARKED LS 47481 ELECTRIC METER LIGHT POLE SANITARY SEWER STORM SEWER WATERMAIN FLARED END SECTION ELECTRIC TRANSFORMER AIR CONDITIONER GUY ANCHOR HANDICAP STALL UTILITY POLE BOLLARD SIGN TELEPHONE PEDESTAL GAS METER OVERHEAD WIRE WOOD FENCE EASEMENT LINE SETBACK LINE RESTRICTED ACCESS BUILDING LINE BUILDING CANOPY CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE LANDSCAPE SURFACE DECIDUOUS TREE CONIFEROUS TREE 0 SCALE IN FEET 30 60 VICINITY MAP LEGEND SURVEY NOTES Description from title commitment: Tract A, Registered Land Survey No. 1359, Hennepin County, Minnesota. Together with common driveway and pedestrian use easements contained in Document Nos. 1429165and 1098796. Torrens Property (Certificate No. 1374120) Referencing Title Commitment No. 234930, dated September 12, 2013, that Commonwealth Land TitleInsurance Company has provided us, the following comments on easements etc., that the property issubject to in Schedule B, Section 2 thereof using the same numbering system as in said Section 2.Exception Items No's. 1-10, 12-13, 19-22, and 24 are not Survey related items. 11. Private reservation of mineral and mineral rights, as set forth in prior deeds by the Regents of theUniversity of Minnesota. Blanket in Nature. 14. Easement for storm sewer, sanitary sewer and water main purposes in favor of the City of BrooklynCenter, a Minnesota municipal corporation, as contained in Easement Grant dated June 7, 1971, filed of record June 23, 1973, as Document No. 1000599. Easement is shown on survey. 15. Easement for water main purposes in favor of the City of Brooklyn Center, a Minnesota municipalcorporation, as contained in Easement Grant dated April 3, 1973, filed of record May 23, 1974, asDocument No. 1071235. Easement is shown on survey. 16. Easement for ingress and egress driveway and pedestrian purposes in favor of of the owner of TractB, Registered Land Survey No. 1359 as contained in Agreement between adjoining owners creating Common Easement for Driveway Purposes and Pedestrian Use dated November 30, 1973, filed ofrecord February 11, 1974, as Document No. 1098796. Easements are shown on survey. 17. Easement for installation of paving, curb and gutter and sidewalk purposes in favor of the City ofBrooklyn Center, a Minnesota municipal corporation, as contained in Easement Grant andMaintenance Agreement dated May 1, 1986, filed of record May 15, 1986, as Document No.1723923. Easement is shown on survey. 18. Easement for electrical purposes in favor of Northern States Power Company, a Minnesota corporation, as contained in Underground Easement dated September 28, 1971, filed of recordOctober 1, 1971, as Document No. 1011148. Easement is blanket in nature. 23. Terms and conditions of Easement for ingress and egress and driveway purposes, dated March 19,1981, recorded June 19, 1991 as Document No.1429165, by and between the County of Hennepinand Shingle Creek Tower. Easement is shown on survey. SUBJECT PROPERTY 3. The subject property lies within Flood Plain Zones X(other areas), X(other flood areas) and AE, perFEMA, FIRM Map No. 27053C0208E dated 9/2/04. Per Letter of Map Amendment Determination Document (Removal), dated October 15, 2002, the structure on the subject property has beenremoved from the Special Flood Hazard Area. 4. The gross area of the subject property is 4.376 Acres or 190,629 Square Feet. 6a. Per Zoning Letter dated May 31, 2013, prepared by the City of Brooklyn Center, the subject property is currently zoned R-7 (Multiple Family Residence), and is subject to the following setbacks: Building:Parking:Front yard: 50 feet From street right of way:15 feetRear yard: 40 feetSide yard: 20 feet 7a. The building and exterior dimensions of the outside wall at ground level are shown on the survey. Itmay not be the foundation wall. 9. The parking areas and striping on the subject property are shown. There are 7 handicapped parkingstalls, and there are 130 regular parking stalls for a total of 137 parking stalls. 10a. The client has designated no division or party walls with respect to adjoining properties. 11. Underground utilities are per a combination of the following: a. Observed evidenceb. As located for us by Gopher State One-Call, Ticket No. 121802419, dated 7/6/2012. A Gopher State One Call (GSOC) request was placed on 6/28/2012 for utility locates on this site. The underground utility locations, shown hereon, if any, are based upon locates from those utilityproviders that actually performed a locate as a result of this request. Utility suppliers often do notrespond to these requests but may provide ambiguous maps, plans, and drawings in lieu of physical location. The surveyor makes no guarantees that the underground utilities shown comprise all suchutilities in the area, either in service or abandoned. Utility information shown hereon, if any, is acompilation of this map information and those visible utilities that were located during the survey fieldwork. The surveyor further does not warrant that the underground utilities shown hereon, if any, are in the exact location as indicated, although he does certify that they are located as accurately aspossible from information available. The surveyor has not physically located the underground utilities.Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 19. Wetlands were delineated by MFRA, Inc., on July 10, 2012, and are shown hereon. "TABLE A" NOTES CERTIFICATION SITE Oct 21, 2013 - 10:57am - User:249 L:\PROJECTS\AEO19333\dwg\19333-ALTA.dwg 1/1 ALTA/ACSM LAND TITLE SURVEY SUMMIT DR N SHI N G L E C R E E K PAR K W A Y 94 DETAIL GROUND LIGHT FIRE HOOKUP WATERVALVE MH ELECTRIC OUTLET TRAFFIC LIGHT A 2/4/13 MFH 2nd Amended Commitment; Exception Documents B 9/25/13 MFH 3rd Amended Commitment C 10/21/13MFH Updated Commitment 12,226.63 sf 64'-0" 11,148.26 sf 1,495 sf 5 LEVELS 1LEVEL VIGNETTE 2 T R A C T A SH I N G L E C R E E K P A R K W A Y FLOOD ZONE X FLOOD ZONE AE FLOOD ZONE X Client Project Location Certification Sheet Title Summary Revision History Sheet No.Revision Project No. Date Submittal / RevisionNo.By Designed:Drawn: Approved: Book / Page: Phase: Initial Issued: AEON THE CREST APARTMENTS 6221 SHINGLE CREEK PARKWAY, BROOKLYN CENTER, MN JCB MFH 360/74 8/29/12 C AEO19333 I hereby certify to Hennepin County, Minnesota Housing Finance Agency, Aeon, a Minnesota non-profitcorporation; The Crest Apartments LLC, a Minnesota limited liability company; and Commonwealth LandTitle Insurance Company, and to their heirs, successors and assigns, that I have surveyed the propertylegally described hereon; that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/Acsm Land Title Surveys,jointly established and adopted by ALTA and NSPS, and includes 1, 2, 3, 4, 6(a), 7a, 8, 9, 10(a), 11(b), 19and 20(a) of Table A thereof. The field work was completed on July 7, 2012. Dated this 21st day of October, 2013. MFRA, Inc. Marcus F. Hampton, LSMinnesota License No. 47481 This certification is not valid unless wet signed in blue ink. 1. The bearing system is based on Registered Land Survey No. 1359. 2. Subject property's address is 6221 Shingle Creek Parkway, its property identification number is35-119-21-34-0004. 3. Field work was completed on 7/10/12. FOUND MONUMENT SET MONUMENTMARKED LS 47481 ELECTRIC METER LIGHT POLE SANITARY SEWER STORM SEWER WATERMAIN FLARED END SECTION ELECTRIC TRANSFORMER AIR CONDITIONER GUY ANCHOR HANDICAP STALL UTILITY POLE BOLLARD SIGN TELEPHONE PEDESTAL GAS METER OVERHEAD WIRE WOOD FENCE EASEMENT LINE SETBACK LINE RESTRICTED ACCESS BUILDING LINE BUILDING CANOPY CONCRETE CURB BITUMINOUS SURFACE CONCRETE SURFACE LANDSCAPE SURFACE DECIDUOUS TREE CONIFEROUS TREE 0 SCALE IN FEET 30 60 VICINITY MAP LEGEND SURVEY NOTES Description from title commitment: Tract A, Registered Land Survey No. 1359, Hennepin County, Minnesota. Together with common driveway and pedestrian use easements contained in Document Nos. 1429165and 1098796. Torrens Property (Certificate No. 1374120) Referencing Title Commitment No. 234930, dated September 12, 2013, that Commonwealth Land TitleInsurance Company has provided us, the following comments on easements etc., that the property issubject to in Schedule B, Section 2 thereof using the same numbering system as in said Section 2.Exception Items No's. 1-10, 12-13, 19-22, and 24 are not Survey related items. 11. Private reservation of mineral and mineral rights, as set forth in prior deeds by the Regents of theUniversity of Minnesota. Blanket in Nature. 14. Easement for storm sewer, sanitary sewer and water main purposes in favor of the City of BrooklynCenter, a Minnesota municipal corporation, as contained in Easement Grant dated June 7, 1971, filed of record June 23, 1973, as Document No. 1000599. Easement is shown on survey. 15. Easement for water main purposes in favor of the City of Brooklyn Center, a Minnesota municipalcorporation, as contained in Easement Grant dated April 3, 1973, filed of record May 23, 1974, asDocument No. 1071235. Easement is shown on survey. 16. Easement for ingress and egress driveway and pedestrian purposes in favor of of the owner of TractB, Registered Land Survey No. 1359 as contained in Agreement between adjoining owners creating Common Easement for Driveway Purposes and Pedestrian Use dated November 30, 1973, filed ofrecord February 11, 1974, as Document No. 1098796. Easements are shown on survey. 17. Easement for installation of paving, curb and gutter and sidewalk purposes in favor of the City ofBrooklyn Center, a Minnesota municipal corporation, as contained in Easement Grant andMaintenance Agreement dated May 1, 1986, filed of record May 15, 1986, as Document No.1723923. Easement is shown on survey. 18. Easement for electrical purposes in favor of Northern States Power Company, a Minnesota corporation, as contained in Underground Easement dated September 28, 1971, filed of recordOctober 1, 1971, as Document No. 1011148. Easement is blanket in nature. 23. Terms and conditions of Easement for ingress and egress and driveway purposes, dated March 19,1981, recorded June 19, 1991 as Document No.1429165, by and between the County of Hennepinand Shingle Creek Tower. Easement is shown on survey. SUBJECT PROPERTY 3. The subject property lies within Flood Plain Zones X(other areas), X(other flood areas) and AE, perFEMA, FIRM Map No. 27053C0208E dated 9/2/04. Per Letter of Map Amendment Determination Document (Removal), dated October 15, 2002, the structure on the subject property has beenremoved from the Special Flood Hazard Area. 4. The gross area of the subject property is 4.376 Acres or 190,629 Square Feet. 6a. Per Zoning Letter dated May 31, 2013, prepared by the City of Brooklyn Center, the subject property is currently zoned R-7 (Multiple Family Residence), and is subject to the following setbacks: Building:Parking:Front yard: 50 feet From street right of way:15 feetRear yard: 40 feetSide yard: 20 feet 7a. The building and exterior dimensions of the outside wall at ground level are shown on the survey. Itmay not be the foundation wall. 9. The parking areas and striping on the subject property are shown. There are 7 handicapped parkingstalls, and there are 130 regular parking stalls for a total of 137 parking stalls. 10a. The client has designated no division or party walls with respect to adjoining properties. 11. Underground utilities are per a combination of the following: a. Observed evidenceb. As located for us by Gopher State One-Call, Ticket No. 121802419, dated 7/6/2012. A Gopher State One Call (GSOC) request was placed on 6/28/2012 for utility locates on this site. The underground utility locations, shown hereon, if any, are based upon locates from those utilityproviders that actually performed a locate as a result of this request. Utility suppliers often do notrespond to these requests but may provide ambiguous maps, plans, and drawings in lieu of physical location. The surveyor makes no guarantees that the underground utilities shown comprise all suchutilities in the area, either in service or abandoned. Utility information shown hereon, if any, is acompilation of this map information and those visible utilities that were located during the survey fieldwork. The surveyor further does not warrant that the underground utilities shown hereon, if any, are in the exact location as indicated, although he does certify that they are located as accurately aspossible from information available. The surveyor has not physically located the underground utilities.Pursuant to MS 216.D contact Gopher State One Call at (651-454-0002) prior to any excavation. 19. Wetlands were delineated by MFRA, Inc., on July 10, 2012, and are shown hereon. "TABLE A" NOTES CERTIFICATION SITE Oct 21, 2013 - 10:57am - User:249 L:\PROJECTS\AEO19333\dwg\19333-ALTA.dwg 1/1 ALTA/ACSM LAND TITLE SURVEY SUMMIT DR N SHI N G L E C R E E K PAR K W A Y 94 DETAIL GROUND LIGHT FIRE HOOKUP WATERVALVE MH ELECTRIC OUTLET TRAFFIC LIGHT A 2/4/13 MFH 2nd Amended Commitment; Exception Documents B 9/25/13 MFH 3rd Amended Commitment C 10/21/13MFH Updated Commitment 12,226.63 sf 64'-0" 25 5 5 7 7 9 19 11 11 10 9 9 2 5 11,578.54 sf 1,630.07 sf 5 LEVELS 1 LEVEL 24 ' - 0 " VIGNETTE 4 MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, C ity Manager T HR O UG H:N/A BY:C ornelius L. Boganey, C ity Manager S UBJ EC T:C ommunity C elebration Name Recommendation: - C ouncil direction regarding a potential change in the name of the Annual C ity C elebration. Background: F or several years staff has disc ussed ways to improve public partic ipation in the annual C ity C elebration known as Earle Brown Days . In it's earlier s tages the Earle Brown Days C ommittee composed of resident volunteers with staff support as s umed the primary role for planning this multi-day event. T he C ity made relatively s mall direc t financial contributions and relied upon c ommittee fundraising to cover much of costs , inc luding fire works expens e. O ver the years, the level of volunteer partic ipation has dec lined and the C ity role for planning and funding has inc reas ed. T hroughout this time, s taff has tried a variety of approaches to broaden c ommunity participation in events and in planning for the event. O ne of the ways to enc ourage c ommunity involvement that has been frequently dis cus s ed has been a change in the name of the event. It has been staffs belief for some time that the Earle Brown Days brand does not immediately resonate with the c hanging community of Brooklyn C enter. W hile we don't assume that a name change will automatically result in inc reas ed c ommunity involvement and participation. We do believe it could be an important first step toward re-creating a C ommunity C elebration that will be encouraging to res idents who feel little c onnection to the agricultural past of the C ity. F urthermore, the current c ontroversy regarding the alleged Ku Klux Klan assoc iation by S heriff Brown c an only exacerbate the branding problem for a c elebration that is intended to bring the community together. It is impos s ible to imagine how c ontinuing the use of Earle Brown Days, will help build c ommunity, whic h is the purpose of an annual c elebration. My limited researc h of the s ubjec t s uggests that a s mall perc entage of c ommunity c elebrations are named after individuals. T his may be true becaus e it is difficult to identify a who is flawles s or s omeone who c learly pers onifies or c aptures the es s enc e of the c ommunity. S taff does not have a recommended new name for an annual c ommunity c elebration at this time. But we are prepared to c ame bac k to the C ounc il if s uggestions if you would like. T hes e sugges tions c ould be easily informed by solic iting input from the community through a variety of s urvey methods . We could easily spons ors a contest for the naming of the event. T he C ouncil could dec ide. O bviously, there are numerous approac hes that could be used. We could elec t to use a generic name i.e. "Brooklyn C enter Days " for the c urrent year and let the c ommunity decide over next s everal months. At this stage, we are s eeking C ouncil direction s tric tly related to this one event. Unlike the Heritage C enter, the community celebration has no direct c onnection to S herriff Brown or to the founding his tory of the c ommunity, fac tors that you may c hoose to cons ider as a dec is ion is made regarding the naming of other public ly owned assets . Policy Issues: Does the C ouncil have sufficient information to provide direction? Will a change in the name of annual c ommunity c elebration best serve the interes t of Brooklyn C enter residents and s takeholders? If a c hange in name is warrant, how should a new name be establis hed? MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:12/14/2020 TO :C ity C ouncil F R O M:C urt Boganey, C ity Manager T HR O UG H:N/A BY:C ornelius L. Boganey, C ity Manager S UBJ EC T:P ending Items Recommendation: Council R etreat F ollow-up C ouncil P olicy for C ity C harter requirement of Mayor's s ignature on all contrac ts S trategic P lans for years 2018-2020 and 2021-2023 N O AH P reservation P rogram R eview S pec ial As s es s ment P olic y O pportunity S ite Update Earle Brown Name Tobac co O rdinanc e F ire Truck Acquis ition Background: