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HomeMy WebLinkAbout2009 05-11 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION May 11, 2009 6:00 P.M. City Council Chambers Public Copy A copy of-the- full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. I . City Council Discussion of Agenda Items and Questions i 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • • • CITY COUNCIL MEETING City of Brooklyn Center May 11, 2009 AGENDA 1. Informal Open Forum with City Council - 6:45 p.m. -provides all opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather; for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. • 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers meeting. A copy of the full City Council packet is available to the public. - ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call i 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda during the The packet -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. April 20, 2009 - Board of Appeal and Equalization 2. April 27, 2009 - Study Session 3.:1 April 27, 2009 - Regular Session 4. April 27, 2009 - Work Session 5. May 4, 2009 - Board of Appeal and Equalization b. Licenses 0 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Robert A Over 18 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: -Motion to adopt resolution. O'Konek for CITY COUNCIL AGENDA -2- May 11, 2009 • b. Proclamation Declaring May 17-23, 2009, Public Works Week in Brooklyn Center Requested Council Action: -Motion to adopt proclamation c. Resolution Recognizing May 10 through May 16, 2009, as Police Week and May 15, 2009, as Peace Officers Memorial Day Requested Council Action: -Motion to adopt resolution. 8. Public Hearings -None 9. Planning Commission Items -None 10. Council Consideration Items a. Mayoral Appointment to Planning Commission Requested Council Action: -Motion to ratify Mayoral appointment. • b. Consideration of Liquor License for Chilitos Mexican Grill, 2101 Freeway Bo ilevard Re quested Council Action: -Motion to open hearing. -Receive staff report. -Receive testimony from applicant. -Motion to continue hearing. C. Consideration of Renewal Rental License for 5301 Dupont Avenue North Requested Council Action: -Motion to open hearing. -Receive staff report. -Receive testimony from applicant. -Motion to close hearing. -Take action on renewal rental license application. d. Resolution Approving Subrecipient Agreement for Hemiepin County Neighborhood Stabilization Program Requested Council Action: -Motion to adopt resolution. CITY COUNCIL AGENDA -3- May 11, 2009 • 'I e. Resolution Declaring Earle Brown Days as a Civic Event from June 25 through June 28, 2009 Requested Council Action: -Motion to adopt resolution. f. Resolution Authorizing the Execution of Agreement for the Safe and Sober Communities Grant Requested Council Action: -Motion to adopt resolution. g. Resolution Proclaiming Brooklyn Center a 2010 Census Partner Requested Council Action: -Motion to adopt resolution. h. Resolution Amending Special Assessment Levy Nos. 17348 and 17349 to Rescind Certain Assessments for Weed Removal and Nuisance Abatements Requested Council Action: -Motion to adopt resolution. 11. Council Report • 12. Adjournment • • City Council'Agenda Item No. 6a • 0 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION APRIL 20, 2009 CITY HALL - COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and the meeting was called to order by Mayor Tim Willson at 7:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Appraiser Jill Brenna, Appraiser Technician Karen Casto, Hennepin County Appraisal Manager Jim Atchinson, and Dputy City Clerk Maria Rosenbaum. 2. LOCAL BOARD OF APPEAL AND EQUALIZATION (LBAE) CERTIFICATION FORM City Assessor Nancy Wojcik introduced the Local Board of Appeal and Equalization and discussed the Certification form. 3. THE PURPOSE OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION Ms. Wojcik explained the purpose of the Local Board of Appeal and Equalization. 4. QUESTIONS REGARDING THE LOCAL BOARD OF APPEAL AND EQUALIZATION DUTIES There were no questions regarding the Local Board of Appeal and Equalization duties. 5. THE ASSESSOR'S REPORT Ms. Wojcik reported that during the summer of 2008 her office conducted re-inspections for the 2009 assessment of residential properties located within a triangular area located south of 694, east of Highway ;100 and north of 53rd Avenue. In addition to all single-family homes located in the review area, all commercial/industrial and apartment properties located within this area were reviewed. The 'inspection area also included townhomes and condominiums located in the eastern portion of the City. The summer inspections began on May 6, 2008, and included approximately 1,800 parcels. 04/20/09 -1- DRAFT Following the review of the scheduled quintile, the focus switched to residential properties with new improvements, commercial/industrial, and apartment properties. The review of new improvements added an additional 331 permit reviews to the inspection total in the fall due to inspection's of foreclosed and vacant homes. The overall value changes made to the 2009 assessments were as follows: Citywide (including all property types) -8.77 percent Citywide (excluding new construction) -9.18 percent Citywide (residential single-family detached only) -12.34 percent Citywide (excluding new construction) -12.40 percent Commercial 0.21 percent Industrial -1.18 percent Apartments 1.10 percent Condominiums -27.84 percent Townhouses -11.66 percent Double Bungalows -18.38 percent Residential Neighborhoods: #50-#56 All Residential -12.40 percent #50-#55 Residential Off Water -12.50 percent • #56 Residential Waterfront -10.50 percent 6. QUESTIONS REGARDING THE ASSESSMENT REPORT There were no questions regarding the Assessment Report. 7. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS The following addressed the Board to appeal their 2009 estimated market values: William Kenney', 7036 Willow Lane, addressed the Board to express that he believes the comparable sales included in the Assessor's Report were not comparable and that an honest market value would be more in the range of $250,000. Ms. Wojcik read her report and explained staff's recommendations for the property located at 7036 Willow Lame as included in the packet. Councilmember Lasman moved and Councilmember Roche seconded to sustain the 2009 estimated market value of $319,800 for taxes payable in 2010. Motion passed unanimously. Mayor Willson informed those who were not satisfied with the Board's approval this evening, could appeal their estimated market values with the County Board. 04/20/09 -2- DRAFT Nedim Frlj, 7230 "West River Road, was not present to address the Board. Ms. Wojcik read her report and is recommending a reduction in the 2009 estimated market value from $255,000 to $210,000 for taxes payable in 2010. • Councilmember Lasman moved and Councilmember Yelich seconded to reduce the 2009 estimated market value from $255,000 to $210,000 for taxes payable in 2010. Motion passed unanimously. Jason Quilling, 7015 Brooklyn Boulevard, was not present to address the Board. Ms. Wojcik read her report and explained staff's recommendations as included in the packet. Councilmember Roche moved and Councilmember Ryan seconded to sustain the 2009 estimated market value of ''$3,047,000, $52,500 per unit, for taxes payable in 2010. Motion passed unanimously. Eugene Wright, 4416 69th Avenue North, was not present and his appeal will be discussed as part of the written appeals. Leo Schultz, 3318 63'd Avenue North, was not present to address the Board. Ms. Wojcik read her report and explained staff s recommendations as included in the packet. Councilmember Lasman moved and Councilmember Yelich seconded to have the Assessor's Office contact Mr. Schultz for a review of the exterior and interior of the home for a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. Steve Sines, 3600 Woodbine Lane, addressed the Board to express that he believes his estimated market value is too high compared to other sales and homes on the market. Ms. Wojcik informed the Board that the last interior review was done in July 2002 and that she would like to review the exterior and interior characteristics of the home. Councilmember Lasman moved and Councilmember Ryan seconded to have the City Assessor's Office review the exterior and interior characteristics of Mr. Sines home for a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. Michael Symons, 6407 Orchard Avenue North, addressed the Board and discussed that he had misread the materials provided by the Assessor's Office and inquired if a review could be done on his home for a recommendation to be made at the May 4, 2009, Continuation Board of Appeal and Equalization. Ms. Wojcik read her report and explained staff's recommendation as included in the packet. 04/20/09 -3- DRAFT Councilmember Yelich moved and Councilmember Ryan seconded to have the City Assessor's Office review the exterior and interior characteristics of Mr. Symon's home for a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. 8. APPEARANCES BY TAXPAYERS WITHOUT AN APPOINTMENT The following wished to address the Board: Monte Hanson, 3715 and 3721 50`h Avenue North, addressed the Board and expressed that he believes the estimated taxes are too high and suggested that an appraisal be done on these two parcels. Councilmember Lasman moved and Councilmember Ryan seconded to have the City Assessor's Office review Mr. Hanson's building for a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. Lauren Tollefson 6131 Regent Avenue North, and her Father addressed the Board to discuss Lauren's home appraised for $119,000. Ms. Tollefson's home was purchased with a bank assisted loan. -Ms. Wojcik suggested that this -home- be reviewed and brought_ back for recommendation at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. . Councilmember Roche moved and Councilmember Ryan seconded to have the City Assessor's Office review Ms. Tollefson's home for a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. Jason Elliott, representing 9816 Palm Street LLC for property located at 6300 France Avenue North, addressed the Board to express that he believes the property is being assessed too high for the value of the area. Mr. Elliott informed that the property is currently being rented and that he would be able to 'provide income and expense data. Ms. Wojcik suggested that this property be reviewed along with the income and expense data before a recommendation be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Councilmember Lasman moved and Councilmember Ryan seconded to have the City Assessor's Office review the property at 6300 France Avenue for a recommendation to be made the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. 9. CONSIDERATION OF WRITTEN APPEALS The following provided written appeals and were not present. • 04/20/09 -4- DRAFT Eugene and Diane Wright, 4416 69`' Avenue North. Ms. Wojcik informed that Mr. Wright provided additional materials regarding his property and suggested that this-property be reviewed by her office for' a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Councilmember Lasman moved and Councilmember Ryan seconded to have Mr. Wright's property reviewed for a recommendation to be made at the Continuation Board of Appeal,, and Equalization on May 4, 2009. Motion passed unanimously. My Bui Le, 6100! Brooklyn Boulevard. Ms. Wojcik read her report and is recommending that additional contact with the owner and attorney be made to review the property and market information they may have to support the appeal of the 2009 valuation. A recommendation would then be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Councilmember Lasman moved and Councilmember Roche seconded to have the City Assessor's Office review Mr. Le's property for a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. Som LLC, 5810-' Xerxes Avenue-=North. - Ms. -Wojcik read her report and is recommending.- reducing the 2009, estimated market value of $1,410,000 with a $15,000 improvement amount to $1,300,000, with an improvement of $15,000, for taxes payable in 2010. • Councilmember Lasman moved and Councilmember Ryan seconded to accept the City Assessor's recommendation and reduce the 2009 estimated market value of $1,410,000 with a $15,000 improverent amount to $1,300,000, with an improvement of $15,000, for taxes payable in 2010. Motion passed unanimously. There was some discussion regarding the parking lot and the recent graffiti on this property. Ms. Wojcik informed that the owners are aware their parking lot needs repairs and that the graffiti had been reported to the City's Code Enforcement Department. Garden City Court Apartments, 3407 65`h Avenue North. Ms. Wojcik read her report and is recommending that her office contact the owner to complete a physical inspection of the property and time to review the documentation provided to support the appeal of the 2009 valuation. A recommendation would then be presented at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Councilmember Lasman moved and Councilmember Ryan seconded to have the City Assessor's Office review the property for a recommendation to be made at the Continuation Board of Appeal and Equalization Meeting on May 4, 2009. Motion passed unanimously. 10. SET DATE OF LOCAL BOARD OF APPEAL AND EQUALIZATION RECONVENE MEETING i 04/20/09 -5- DRAFT Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Board of • Appeal and Equalization meeting on May 4, 2009, at 5:30 p.m. Motion passed unanimously. 11. ADJOURN Councilmember Ryan moved and Councilmember Lasman seconded to recess the meeting at - 5:25 p.m. Motion passed -unanimously._ = - • 04/20/09 -6- 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 APRIL 27, 2009 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson 'and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITE' COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson asked if the Council wished to discuss any agenda items. There were no requests. • ROBBINSDALE SCHOOL DISTRICT Mr. Boganey noted the attendance of representatives from the Robbinsdale School District to discuss pending plans and potential changes in the District that may affect Brooklyn Center's elementary school. Stan Mack, Robbinsdale School Superintendent, provided a review of the School District's feasibility study to analyze the remaining schools that had not been remodeled. While the schools were identified as being adequate for operations, additional reinvestment was needed. Mr. Mack explained that the Department of Education had given the School District the authority to use alternative facilities funding to remodel and renovate buildings at taxpayer's expense with approval by State. However, the cost differential between building new and remodeling was too close to approach a full scale remodeling. The facilities study also looked at the number of schools needed. In January, the Board of Education undertook the massive task of closing two elementary schools, repurposing one, and closing one middle school because space was not needed. In the long term, this does not answer the issue of needing an adequate facility. Mr. Mack explained their work with the District 3 and District 5 Congressmen to look at how the federal stimulus effort could benefit the District. He asked for Council input on the potential effort underway to identify a single school site that would serve the student population of Lakeview, Robbinsdale, and Northport. It is hoped that if they can locate a school in the border area, they could. gain the cooperation from both cities to have an east side school funded by the federal stimulus package. He advised that the Board of Education took steps last winter to recognize the need to 04/27/09 -1- DRAFT locate schools by the school population and they are committed to represent the entire District by using a balanced approach to assure children and parents have the closest possible access to schools. • Patsy Green, School Board Member, provided the Council with copies of their Strategic Plan, the summary press release adopted by the Board of Education about right sizing the District, the letter sent to elected State officials, the Minnesota Department of Education letter recommending the District not remodel the remaining three elementary schools, the Facilities Study addressing where students live in the District and existing District buildings, the current and new boundary map for 2009-10, and architectural information for-new "shovel ready" schools. Mayor Willson mentioned that it was contentious when schools were closed in the past and the City heard clearly on the Northport issue. Mr. Mack stated if the project can move quickly once funding is available, the school could operate until the day the new school opens and the land could then be traded. He stated the Northport location is a beautiful site next to parkland but they need to find a compromise with Robbinsdale as well. He advised the minimum project cost is $20 million and he believed a shared location between the two cities would' be an ideal compromise. He offered the suggestion that Brooklyn Center and Robbinsdale agree to, shift its borders 150 feet so the school can be located in both municipalities. Ms. Gr en stated Senator Klobuchar's staff is aware of the issues with closing schools in Robbinsdale and thTnced to--find funding to build one school. She advised that the Robbinsdale City_Council felt one new school was better than remodeled schools, even if located across their border. Councilmember Lasman asked about the size of the student body. Mr. Mack stated they try to build for 900 to 1,000 students for elementary schools. Based on enrollment, the District has seen a leveling in elementary numbers that could remain for the next ten years based on'projections. Councilmember Lasman asked if Northport would be sold or retained. Mr. Mack stated if traded it would be in the City's hands and the City's decision to make. He suggested the best fit may be to expand the park area. Councilmember Ryan stated he had attended numerous District planning sessions and was struck by the daunting complexity of this decision process given declining enrollment. He agreed it was always difficult to close schools but that is the definition of "leadership" if it needs to be done. Councilmember Ryan stated he appreciates being able to see the process in action and believed the City could have a high level of confidence in the District's decisions. Mr. Mack stated he appreciates that Brooklyn Center is divided among four school districts, which creates a different dynamic. He also appreciated the Council's consideration of this difficult and complicated issue. ' Councilmember Yelich asked about "right sizing" schools around financials, whether academic outcomes are also part of the question, and if there is evidence it does not compromise educational outcomes. Ms. Green presented statistics on the declining enrollment in Robbinsdale due to the aging of communities and their effort to right size the District so more money could be put into educational 04/27/09 -2- DRAFT services for students versus running partially empty school buildings. She explained that with right sizing, they can return programming that was cut from the budget in past years. Mr. Mack described their efforts to eliminate overhead costs and why the Northport school was the most vulnerable and not cost effective to remodel. The Council discussed building efficiencies, whether it would be LEED certified, and of green construction methods. Councilmember Roche noted the property under discussion is located on the corner of a freeway and he had envisioned a corporate tower with at least eight stories. Mr. Mack agreed that it is not necessarily the best location but, in an effort to find common ground with the two cities, the site is a compromise location that is vacant and potentially available immediately. Ms. Green stated shy would also love to see an eight-story office tower along Highway 100 but the District wanted to start the conversation about locations. She advised the second part of the facility study was a recommendation to get rid of excess property. Ms. Green stated they will form a divesture committee: and would like a Councilmember or representative from Brooklyn Center appointed to sit on that committee in addition to a resident from the Northport area. Mayor Willson thanked Mr. Mack and Ms. Green for their presentation and commented on the importance of doing what is best for the students. • ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Counclmember Last, na.n moved and Councilmember Ryan seconded to adjourn the Study Session at 6:48 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Laslnan moved and Councilmember Roche seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. Discussion continued on the potential closing of elementary schools in Brooklyn Center. The Council agreed with;' the need to work out preliminaty details, determine the potential cost to the City since it does not cogently own the land under consideration, and that it would be better to get an elementary school in Brooklyn Center than to redraw the boundary line. Councilmember La$man commented that the idea of losing another elementary school would be disastrous because elementary schools are important to tax values and attracting families. • 04/27/09 -3- ' DRAFT Councilmember Roche stated this is a wonderful opportunity for this part of Brooklyn Center and asked if the City would have to purchase private property for this project to go forward. • Mayor Willson stated that would be one route, but is premature at this point. He suggested staff determine what would be the most beneficial action for Brooklyn Center. Mr. Boganey stated staff will provide a report to the City Council within 60 days that outlines the issues, pros and cons,' from the City's perspective and identifies options. AD40URN STUDY SESSION TO CITY COUNCIL SESSION Councilmember Lasman moved and Councilmember Yeiich seconded to adjourn the Study Session at 7:00 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Yelilch moved and Councilmember Roche seconded to reconvene the Study Session at 8:37 p.m. Motion passed unani rnously. MISCELLANEOUS Councilmember Yeli ch advised that a resident has indicated more information should be available to the public about Police Department activities, and information in the Sun Post was not adequate. He explained that Fridley posts a weekly status report to its website and asked if Brooklyn Center should post a similar reportto be more transparent to what City government is doing. The Council discussed the cost for staff time to post weekly reports, what information is given to the Sun Post and who decides what to publish, and the need for input from the Police Chief. Mr. Boganey advised of staff discussions with the Police Chief about posting crime data on the website. The Polio Chief is investigating that option, what is a good use of staff resources, and determining what datta to make available to the public to keep them informed. It was the majority!! consensus of the City Council for staff to conduct research and report their findings at a future meeting. Councilmember Laslma.n raised the option of writing a history book to cover the ten years between the writing of The Broo, lyns and the upcoming Centennial. She advised that Roseville had such a history book and suggested they be contacted about the process they used. The Council discussed how this work would be delegated, whether to the City, Historical Society, or Centennial Committee. • 04/27/09 -4- DRAFT Councilmember Lasman stated the City did not fund the writing of The Brooklyn and it is not the intent for the City to fund this book. It was noted the history book could be funded by sales of the book. It was the majority j consensus of the City Council that Councilmember Lasman would contact Roseville and see how they wrote their history book and to ask the Historical Society if they would like to prepare such a book. ADJOURNMENT Councilmember Las man moved and Councilmember Roche seconded to close the Study Session at 8:58 p.m. Motion passed unanimously. • 04/27/09 -5- 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 APRIL 27, 2009 - CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:48 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve _T,illehaug,' Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Assistant City Manager/Director of Building and Community- Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, • Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Allan Hancock, 5,520 Fremont Ave N, asked the Council to consider the creation of a community garden, possibly involving the Brooklyn Center Centennial Committee to expand activities to include all citizens. lie suggested the creation of a community garden is too daunting for private residents to undertake and City support is needed to bring such a resource to Brooklyn Center. No one else wished to address the City Council. Councilmember tasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:53 p.mmn. Motion passed unanimously. 2. INVOCATION Rev. Dr. Jerry O'Neill, Cross of Glory Lutheran Church, provided the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING • The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 04/27/09 -1- DRAFT • 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Scott Bechthold, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 13, 2009 - Study Session 2. April 13, 2009 - Regular Session 3. April 13, 2009 - Work Session • 6b. LICENSES MOTOR VEHICLE DEALERSHIP Cars with Heart 6121 Brooklyn Blvd Brookdale', Metro Mitsubishi 7231 Brooklyn Blvd R.L. Brookdale Motors 6801 Brooklyn Blvd MECHANICAL Air Corps LLC 3700 Annapolis Lane, Plymouth Knitht Heating & Cooling 13535 89th Avenue NE, Otsego Louis Deg0io Services 21033 Heron Way, Lakeville M & D Plumbing & Heating 11050 26th Street NE, St. Michael Major Mechanical 11201 86th Avenue N, Maple Grove Schadeeg Mechanical 225 Bridgepoint Dr., So. St. Paul RENTAL. INITIAL 4701 Eleanor Lane Charles Bright 6412 Lee Avenue N Rebecca Merdan 6906 Newton Avenue N Eric Syrstad RENEWAL 350147 1h ;Avenue N Richard Grommes 04/27/09 -2- DRAFT 3513 47t" Avenue N Richard Grommes Willow Lane Apts. Jason Quilling 7015 Brooklyn Blvd - 4700 Lakeview Avenue Nancy Dahlquist 292$ 67`" Lane N Benjamin and Nicole Tramm 3913 France Place Betty Nelson 6007 Girard Avenue N Ben Dossman 5636 Irving Avenue N Bruce Goldberg 5307 Penn, Avenue N Ben Dossman SIGN HANGER Signation Sign Group 6840 Shingle Creek Parkway Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION REGARDING DISTRICT COURT BUDGET Police Chief Bechthold introduced Hennepin County Chief Judge James Swenson and Hennepin County Attorney Michael Freemen. • Chief Judge James Swenson, 4t' Judicial District of Hennepin County, advised of the high number of cases'! handled by the 4 h Judicial District and described the Statewide budget reductions to the judicial branch. Councilmember Yelich asked what is being done to eliminate redundant paperwork and increase productivity in processing case loads. Judge Swenson described how the courts are beginning to use technology to electronically file and process cases. However, to bring that same efficiency to out-state Minnesota, additional bandwidth is needed so application has been made for TARP funds. Hennepin Count; Attorney Michael Freemen described the high case load of his office and advised that while real gains have been realized in Brooklyn Center to reduce crime, some challenges remain. Mr. Freemen emphasized the importance of getting out the message that courts cannot do its job without an adequate number of judges on the bench and support staff. He commended Brooklyn Center for recognizing and making a difference in the last three years. Police Chief Bechthold stated for the past two years, the community has been working aggressively to fight crime, and crime in Brooklyn Center was down last year for the first time in five years. To date, crime is down 15% and Part I crime is down 13%. Police Chief Bechthold gave credit to groat and proactive police work and collaboration with neighborhood groups that have resulted in the arrest of criminals. He stated this could not have been done without the support of the City Council and City Manager. Police Chief Bechthold urged the Council's support of the judicial branch to assure adequate funding of courts to preserve the law and that enforcement efforts are carried out to their completion. 04/27/09 -3- DRAFT Mayor Willson stated the Council's appreciation to Judge Swenson and Attorney Freemen for their presentations !and stated the City would need to look at the resulting impacts to Brooklyn - Center. Councihnember Ryan moved and Councilmember Roche seconded to communicate to the Governor and Legislature that the court system of the State and County must be properly supported by proper funding. Councilmember Ryan stated these presentations have brought awareness to the serious impact of not financially supporting the court system and the need for a budget that assures a fully functioning court system. Councilmember L4sman surged residents who have listened to this presentation to also respond and speak as a unified voice on behalf of court funding. Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2009-04 RELATING TO ZONING AND THE REGULATION OF ADULT EST'ABLISHMENT'S: AMENDING SECTION 35-2182 TO THE BROOKLYN CENTER CODE OF ORDINANCES Mr. Boganey introduced the item and discussed the history of the proposed Ordinance related to • zoning and the regulation of adult establishments and that it would allow the City to opt out of the State law governing these establishments. The ordinance is being considered tonight for second reading and Public Hearing. Councilmember Lasman moved and Councilmember Yelich seconded to open the Public Hearing at 7:50 p.m. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Councilmember Lasman explained the federal district court found the Statute may violate first amendment rights' and serious questions were raised about its constitutionality so the Council is considering opting out to protect the City. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2009-04 Amending Chapter 35-2182 to the City Code of Ordinances Regarding Zoning and the Regulation of ;Adult Establishments. 04/27/09 -4- DRAFT Councilmember Roche thanked the Planning Commission for its diligent work on this matter. Motion passed unanimously. 9. PLANNI?gG COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009-60 RECEIVING AND ACCEPTING THE DECISION RESOURCES, LTD SUMMARY OF FINDINGS FOR THE 2009 CITY OF BROOKLYN CENTER RESIDENTIAL SURVEY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution is to receive and accept the 2009 Brooklyn Center residential citizen survey. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-60 Receiving and Accepting the Decision Resources, LTD Summary of Findings for the 2009 City of Brooklyn Center Residential Survey. Mayor Willson asked that the summary of findings be posted on the City's website. Motion passed unanimously. 10b. RESOLUTION NO. 2009-61 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2009-01, 02, 03, 04, 09, 11 & 129 FOR THE 2009 NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS (ALDRICH AREA), JAMES CIRCLE WATERMAIN RELOCATION, CENTERBROOK GOLF COURSE WATERMAIN IMPROVEMENTS, AND EMERGENCY BYPASS FOR LIFT STATION NO. 6. Mr. Lillehaug introduced the item and presented the bids, noting they are favorable and recommended the City Council approve the resolution to accept the lowest responsible bid and award the contract. Councilmember Ryan stated the Council is oftentimes asked why the City is doing the project now during hard economic times; however, the projects are budgeted separately from the General Fund. Mr. Lillehaug reviewed the funding sources detailed in the draft resolution and explained which would be assessed to benefiting property owners. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-61 Accepting Bid and Awarding a Contract, Improvement Project Nos. 2009-1, -0:2, -03, -04, -09, -11 & -12, for the 2009 Neighborhood Street and Utility Improvements (Aldrich Area), James Circle Watermain Relocation, Centerbrook Golf Course Watermain Improvements, and Emergency Bypass for Lift Station No. 6. 04/27/09 -5- DRAFT Motion passed unanimously. 10c. 2009 BUDGET AMENDMENTS 1. RESOLUTION NO. 2009-62 AMENDING THE 2009 GENERAL FUND BUDGET' Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He stated the amendments are recommended in response to the anticipated reduction in LGA money available to the general fund. Mr. Boganey advised that staff believed the suggested reductions are sustainable. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-62 Amending the 2009 General Fund Budget. Motion passed unanimously. 2. RESOLUTION NO. 2009-63 AMENDING THE SPECIAL REVENUE FUND BUDGETS Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-63 Amending the 2009 Special Revenue Fund Budgets. • Motion passed unanimously. 3. RESOLUTION NO. 2009-64 AMENDING THE 2009 PUBLIC UTILITY FUND BUDGETS Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-64 Amending the 2009 Public Utility Fund Budgets. Mayor Willson expressed his regret that this decision would impact seven employees. Councilmember Ryan concurred with that sentiment and described the Council's detailed review of the 2009 budget. He noted that senior staff has indicated the recommended adjustments are sustainable and still provides funding for essential services. Motion passed unanimously. Mr. Boganey advised that because of the budget cuts, the Police Station will no longer provide extended hours. 11. COUNCIL, REPORT Councilmember Yelich reported on his attendance at the following events: . • April 15, 1009, Police and Citizen Recognition Ceremony at the Civic Center. 04/27/09 -6- DRAFT . April 16, 2009, 57th and Logan Environmental Remediation Update. • April 17, 2009, Brooklyn Center Fire Fighters Appreciation Dinner. • April 22, 2009, participated in the ISAIAH Town Hall Meeting to provide information on the City's foreclosure strategy. • April 25, 2009, Brooklyn Center Earth Day activities to pick up litter at Marlin Park and clean up Central Park. • April 21, 2009, Park and Recreation meeting to plan the April 29, 2009, Evergreen Park Neighborhood Meeting. Councilmember L4sman reported on her attendance at the following events: • April 15, 21009, Annual Crime Prevention Award Ceremony. • April 16, 2,009, MPCA Public Meeting and Open House on the 57th and Logan site. • April 17, 2,009, Brooklyn Center Fire Department Awards Dinner. • April 19, 21009, Fire Department Annual Pancake Breakfast. • April 20, 21009, Board of Equalization. • April 21, 2009, Vacant Property and Property Maintenance Workshop. • April 22, 1009, ISAIAH meeting to participate in a roundtable discussion about how to improve the community. • April 25, 2009, Annual Riverwood Neighborhood Breakfast, Shingle Creek Cleanup, and Lioness Luncheon. • April 26, 2009, Lions Pancake Breakfast. R Councilmember oche reported on the following: • He congratulated the elementary students from Garden City and Odyssey Academy who won awaris from the US Postal Service in its letter writing contest and announced the award ceremonies will be on Tuesday, April 28, 2009. • He announced, the May 5, 2009, Cinco De Mayo "BC Reads" celebration at the Brookdale Mall food court. • He announced the April 29, 2009, Senior Forum at the Community Center. • He thanke'd all who participated in the Great Shingle Creek Watershed Cleanup event. • His attendance at the April 22, 2009, ISAIAH meeting and commended Councilmember Yelich on his talk about housing. • His attendance at the April 21, 2009, Workshop at the Police Department to address Vacant Housing Code Enforcement and thanked the Housing Commission for attending. • He encouraged residents who notice garbage, unkempt yards, or abandoned cars to call City Hall :and request code enforcement, advising calls are anonymous. • His attendance at the April 25, 2009, Earle Brown Days Board of Directors meeting. • His attendance at the April 19, 2009, Pancake Breakfast and Tour at the Police Department. • His attendance at the April 17, 2009, Firefighter's Appreciation Dinner. • His atterAance at the April 16, 2009, Pilgrim Cleaners Pollution Vapor Remediation meeting. • • His attendance at the April 15, 2009, Police and Citizen Awards Ceremony. His attendance at the April 24 Embassy Suites soft opening 2009 . , , 04/27/09 -7- DRAFT • Councilmember Roche stated the Convention Center has never looked better and will make residents proud. Councilmember Ryan reported that he had attended all the meetings detailed by Councilmember Lasman except for the Lioness luncheon. Mayor Willson stated he also ,attended_ the meetings detailed by Councilmember Lasman as well as the Lioness luncheon. Mayor Willson reported on his attendance at the Brooklyn Center Crime Prevention Awards for the unsung heroes of the Brooklyn Center Police Department and others in the northwest region. This award ceremony was also attended by the Brooklyn Park Police Chief and Hennepin County Sheriff's Deputies who recognized their efforts in Brooklyn Center. Mayor Willson stated the Council just heard a presentation about the consequences of an unfunded judicial system. He noted the City's Police Officers are just as busy and asked the Police Chief to relay the Council's appreciation to the Police Department for its work. Mayor Willson also asked staff to post the names of the people and why they were recognized on the City's website. 12. ADJOURNMENT Councilmember Lasman in and _Councilmember Roach seconded adjournment of the City Council meeting at 8:25 p.m. . Motion passed unanimously. • 04/27/09 -8- 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 APRIL 27, 2009 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:59 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City -Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. HOUSING PROGRAM UPDATE - CITY MANAGER • Mr. Eitel reviewed accomplishments in the Housing Program over the last month and advised the acquisition program has fallen short in acquiring additional properties because the real estate market has turned around. Multiple offers are now being made and the City is not able to respond quickly enough with purchase agreements. Mr. Eitel explained a funding program that is targeted for thesoutheast area. There is $300,000 of loan assistance in the preliminary budget, $500,000 for rehab projects, and $1.1 million for acquisitions. The Council discussed assistance opportunities with CDBG rehab funding, a volunteer group that assists with rehab carpentry, and the option of leveraging private loan programs. Mr. Boganey stated that based on his experience, the City would never have enough dollars to fund direct loan demands for rehab. He described programs that assured the applicant was properly income qualified and assisted with interest write down or loan guarantees. It was noted that in some cases, declining home values have resulted in loss of equity so the bank would not approve a loan, even for income-qualified homeowners, because they have no collateral. Should the City be the guarantor for a certain period of time, the City could back out when the value increased to create equity and a guarantee was no longer needed. Council discussion continued on the ability of the City to assist with rehab funding through the Neighborhood Stabilization Program and the redevelopment of Brooklyn Boulevard properties. The majority consensus of the City Council was to entertain options for rehab assistance that do not create liability for the City. 04/27/09 -1- DRAFT 0 BANNER INSTALLATION POLICY - CITY MANAGER Mr. Lillehaug presented the banner program and policy that was developed in response to completion of the street improvement projects and answered questions of the Council. He recommended an ad hoc advisory committee be created to review and provide recommendations of all banners to the City Manager, who would be authorized as the approving authority for banner policy determinations. Staff would supervise and coordinate the installation and removal of all banners. The only appeal option would be with a sponsored banner that the ad hoc committee recommends against. The Council discussed the banner policy and material specifications required to assure the banners are long lasting. It was noted that Centennial Celebration banners create an anomaly because they would be displayed for six months to one year. Councilmember Roche raised the option of permanent banners for the Earle Brown Heritage Center and a banner promenade along Shingle Creek Parkway from I-694 to Bass Lake Road tying in the Heritage Center and Embassy Suites. Mr. Boganey recommended the City first start with this policy in a limited context. Once locations are expanded, or used for way finding, then staff would look at, expanding the policy. With regard to the banner fee, Mr. Boganey stated it would be intended to cover the City's cost of issuance and to oversee the installation by a private group. • The City Council asked staff to research options for lower cost, yet durable, banner material for use in short-term special event banners. EMBASSY SUITES LINK UPDATE - CITY MANAGER Mr. Boganey informed the Council that Seth Oliver, representing the owners of the Embassy Suites Hotel, had indicated they are unable to continue the lease of the D Barn for a Spa or complete the link due to cost overruns. He advised that staff met with Mr. Oliver and engaged Springsted to review factual financial data with respect to the project cost and overruns. The result of that analysis indicated if the developer was required to build the link, it would reduce their return on investment by 1/10 of a percent over the life of the project but would not bankrupt the partnership. Given that information, staff did not believe it could recommend a three-year delay, as being requested. Mr. Boganey advised that staff felt there needed to be some commitment based on the ten-year lease since the City lost a tenant and spent $50,000 to improve a building to relocate a tenant. Mr. Boganey advised that staff developed a counter proposal to not build the link if the developer relinquishes rights to Phase 2 land which staff believes has equal or greater value to the EDA than the 'tax abatement should the developer be found in default of building the link. He stated once the developer analyzes the counter proposal, they may decide they can afford to build the link. • 04/27/09 -2- DRAFT i The majority consensus of the City Council was that the EDA had negotiated in good faith and the link was an important element of that discussion. It was noted that the development agreement requires building the link and if not, the City can withhold the tax abatement and collect full taxes, which could be used to build the link. The Council expressed concern with a change in the project at this point. • • Mr. Boganey stated staff will report back on the developer's response to the counter proposal in the next few weeks; STRATEGIC GOALS / DESIRED OUTCOMES - CITY MANAGER Mr. Boganey provided an overview and answered questions of the Council on the 2009 Strategic Goals. Following discussion, the majority consensus of the City Council was for the following Goal Outcomes: Goal 1: "Ensure a `safe and secure communitv." 1. The threat and fear of real or perceived crime among citizens and others will be reduced. a. Part I crime ranking will be reduced compared to other cities. 2. Citizens will feel and be safe in all areas of the City and in their homes. Goal 2: "Aearessively proceed with implementation of the Citv's redevelopment plans." 1. Privately funded redevelopment will be expanded and improved. 2. The City tax base will be expanded and improved. a. Citizens will benefit from the optimal redevelopment of Brookdale Mall. b. Redevelopment of the "Opportunity Site" will commence. c. Redevelopment of all EDA owned property will proceed expeditiously. Goal 3: "Stabilize and Improve Residential Neiahborhoods." 1. Citizens will benefit from a diverse stock of housing types and styles. a. Promote adaptation of existing homes. 2. Owners and occupants of housing in residential neighborhoods will comply with City codes and regulations, which will be adequate to assure a safe well maintained and attractive community. 3. Owner occupied housing will increase as a percentage of total housing. 4. The problems associated with foreclosed residential properties will be dramatically reduced or eliminated. 5. Residential property values will improve and citizens will have pride in their neighborhood. Due to the late hour, the majority consensus of the City Council was to postpone consideration of the remaining goals and outcomes to the next Council Work Session. 04/27/09 -3- DRAFT 0 ADJOURNMENT Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Lasman seconded adjourn rnent of the City Council/Economic Development Authority Work Session at 10:59 p.m. Motion passed unanimously. • • 04/27/09 -4- 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 BOARD OF APPEAL AND EQUALIZATION MAY 04, 2009 - - - CITY HALL - COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal and Equalization. The meeting was called to order by Mayor Tim Willson at 5:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Assessor Nancy Wojcik, Hennepin County Appraisal. Manager Jim Atchinson, and Deputy City Clerk Maria Rosenbaum. 2. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS City Assessor Nancy Wojcik summarized the history of the following appeals and read staff recommendations for each property as outlined in her reports included in the packet. Eugene and Diane Wright, 4416 69"' Avenue North. Reduce the 2009 estimated market value of $128,900 to $127,600 for taxes payable in 2010. Councilmember Lasman moved and Councilmember Ryan seconded to reduce the 2009 estimated market value of $128,900 to $127,600 for taxes payable in 2010. Motion passed unanimously. Leo Schultz, 3318 6P Avenue North contacted the Assessor's office to verbally withdraw his appeal. City Assessor had recommended sustaining the estimated market value of $150,000. Councilmember Lasman moved and Councilmember Ryan seconded to sustain estimated market value of $150,000. Motion passed unanimously. Steve Sines, 3600 Woodbine Lane. Reduce estimated market value of $171,100 to $170,800 for taxes payable in 2010. Councilmember Roche moved and Councilmember Lasman seconded to reduce estimated market value of $171,100 to $170,800 for taxes payable in 2010. Motion passed unanimously. 05/04/09 -1- DRAFT Micheal Symons, 6407 Orchard Avenue North. Sustain the 2009 estimated market value of $182,300 for taxes payable in 2010 due to the small areas of water damage, assuming these will be repaired. The updated characteristics will be used to calculate all future assessments. Councilmember Yelich moved and Councilmember Lasman seconded to sustain the 2009 estimated market value of $182,300 for taxes payable in 2010. Motion passed unanimously. My Bui Le, 6100 Brooklyn Boulevard. Reduce the 2009 combined estimated market value of $425,000 to $385,000. Councilmember Roche moved and Councilmember Lasman seconded to reduce the 2009 combined estimated market value of $425,000 to $385,000. Motion passed unanimously. Garden City Apartments, 3407-3417 65th Avenue North. Reduce the total 2009 estimated market value of $3,697,000 to $3,050,000 or $42,000 per unit for taxes payable in 2010. Councilmember Lasman moved and Councilmember Ryan seconded to reduce the total 2009 estimated market value of $3,697,000 to $3,050,000 or $42x000 per unit for taxes payable in 2010. Motion passed unanimously. Monte Hanson, 3715-3721 50th Avenue North. Sustain the 2009 estimated market value of • $1,205,000 or $59.44 per square foot for taxes payable in 2010. The City Assessor will provide documentation regarding a combination of the parcels. Councilmember Roche moved and Councilmember Ryan seconded to sustain the 2009 estimated market value of $1,205,000 or $59.44 per square foot for taxes payable in 2010. Motion passed unanimously. Lauren Tollefson, 6131 Regent Avenue North. Reduce the 2009 estimated market value of $193,400 to $175;800 for taxes payable in 2010. Councilmember Lasman moved and Councilmember Ryan seconded to reduce the 2009 estimated market value of $193,400 to $175,800 for taxes payable in 2010. Motion passed unanimously. 9816 Palm Street LLC, 6300 France Avenue North. Reduce the 2009 estimated market value of $171,500 to $168,100 for taxes payable in 2010. Councilmember Roche moved and Councilmember Ryan seconded to reduce the 2009 estimated market value of $171,500 to $168,100 for taxes payable in 2010. Motion passed unanimously. 05/04/09 -2- DRAFT 3. ADJOURN Councilmember Yelich moved and Councilmember Lasman seconded to adjourn the meeting at 6:12 p.m. Motion passed unanimously. • 05/04/09 -3- DRAFT • City Council Agenda Item No. 6b • 0 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager 48 FROM: Maria Rosenbaum, Deputy City Clerk RATE: - May 5, 2009 t/_e SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its May 11, 2009, meeting. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate --applications, and paid proper-fees. Applicants for rental --dwelling licenses are_ in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. FIREWORKS - PERMANENT Big Lots Target Corp. Walgreen Company MOTOR VEHICLE DEALERSHIP Luther Brookdale Buick Pontiac GMC Luther Brookdale Chevrolet MECHANICAL Midland Heating and Air St. Paul Plumbing and Htg. Co United Heating and Air RENTAL See attached report. SIGN HANGER Leroy Signs, Inc. 5930 Earle Brown Drive 6100 Shingle Creek Pkwy 6390 Brooklyn Blvd 4301 68th Avenue 6701 Brooklyn Blvd 413 West 6& Street, Minneapolis 640 Grand Avenue, St. Paul 1295 Hackmore Road, Medina 6325 Welcome Avenue N, Brooklyn Park 0 Rental Licenses for Council Approval on May 11, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid Property AddressOwnerCalls for Service Typeor InitialUtilitiesTaxes 5329-33 Brooklyn BlvdTwo Family - 2InitialTech UngNone per 12-911 OrdinanceOKOK 910 55th Ave NSingle FamilyInitialFrancis McLain1 Disturbing Peace per 12-911 OrdinanceOKOK 707 58th Ave NSingle FamilyInitialNeng YangNone per 12-911 OrdinanceOKOK 5317 72nd CirSingle FamilyInitialAlkis MichaelidesNone per 12-911 OrdinanceOKOK 5857 Colfax Ave NSingle FamilyInitialDoug WahlNone per 12-911 OrdinanceOKOK 3 Disturances per 12-911 Ordinnace Had lengthy prior history--old tenants removed 5856 Dupont Ave NSingle FamilyInitialJack FroelkeOKOK and home sold, no 12-911 violations since 11/17/08 6807 Dupont Ave NSingle FamilyInitialJorge SanchezNone per 12-911 OrdinanceOKOK 6401 Emerson Ave NSingle FamilyInitialJennifer & Leif RonkenNone per 12-911 OrdinanceOKOK 6819 Humboldt Ave N A304Single FamilyInitialLee StewartNone per 12-911 OrdinanceOKOK 6324 Indiana Ave NSingle FamilyInitialJared LundgrenNone per 12-911 OrdinanceOKOK 7124 Indiana Ave NSingle FamilyInitialWeyu BekutoNone per 12-911 OrdinanceOKOK 5924 June Ave NSingle FamilyInitialTou VueNone per 12-911 OrdinanceOKOK 6413 June Ave NSingle FamilyInitialDoug WahlNone per 12-911 OrdinanceOKOK 4210 Lakebreeze Ave1 Bldg 4 UnitsRenewal James & Bobbie SimonsNone per 12-911 OrdinanceOKOK 507 69th Ave NSingle FamilyRenewalOutreach Six Acres Inc.None per 12-911 OrdinanceOKOK 6018 Admiral PlSingle FamilyRenewalLutheran Social Service of MNNone per 12-911 OrdinanceOKOK 3806 Eckberg DrSingle FamilyRenewalJesus PreciadoNone per 12-911 OrdinanceOKOK • City Council Agenda Item No. 7a 0 . COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: May 5, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Robert A. O'Konek for Over 18 Years of Dedicated Service to the City of Brooklyn Center Recommendation: Staff recommends that the City Council adopts the attached resolution expressing recognition and appreciation of Bob O'Konek for his dedicated service to the City of Brooklyn Center. Background: Bob began his employment with the Brooklyn Center Public Works Department in September of 1990. He passed away on April 3, 2009 after more than 18 years of dedicated service to the City of • Brooklyn Center. The attached resolution is in appreciation of the high degree of professionalism and proficiency that Bob provided to the City. Budget Issues: None 0 • Member its adoption: RESOLUTION NO. introduced the following resolution and moved RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT A. O'KONEK FOR OVER 18 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Bob O'Konek joined the Brooklyn Center Public Works Department as a member of the Utility Division on the twenty-fourth day of September, 1990, and served until he passed away on April 3, 2009; and WHEREAS, Bob provided years of dedicated service to the City of Brooklyn Center, including serving on-call duty and responding to numerous emergency issues during nights and weekends; and WHEREAS, Bob spent eleven consecutive years coordinating utility operations issues as part of the City's Neighborhood Reconstruction Projects while consistently demonstrating good judgment, a high level of competency and professionalism; and WHEREAS, Bob was a role model for having a strong work ethic and dedication to • service and earned a high level of respect from his fellow employees as well as many contractors both public and private; and WHEREAS, Bob's unique sense of humor contributed to the morale of the work place; and . WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Bob O'Konek, a dedicated employee, father, and proud grandfather, has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Bob O'Konek is hereby recognized and appreciated by the City of Brooklyn Center, and be it further resolved that the City of Brooklyn Center extends its condolences to Bob's family on his recent death, which is a loss to his family, many friends and coworkers, and also to the community of Brooklyn Center. 0 • RESOLUTION NO. May 11, 2009 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. • 0 City Council Agenda Item No. 7b 0 • MEMORANDUM DATE: May 2, 2009 TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works 70 SUBJECT Proclamation Declaring May 17-23, 2009 Public Works Week in Brooklyn Center National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. The 2009 theme, Revitalize, Reinvest, Renew Public Works, reflects the • all-encompassing nature of public works. The Public Works Department employees 37 full time and 15 seasonal employees in the five divisions of the Department Engineering, Street Maintenance, Parks Maintenance, Public Utilities, and the Central Garage. All divisions work together as a team to provide high-quality service for people who live, work, and visit Brooklyn Center. Many of the tasks like plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment, and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that many of the efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or watermain break. Our Public Works employees take great pride in their work. Attached for Council Consideration is a Proclamation Declaring May 17-23, 2009, Public Works Week in Brooklyn Center. 0 • PROCLAMATION DECLARING MAY 17-23,2009 PUBLIC WORKS WEEK IN BROOKLYN CENTER WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, wastewater, storm drainage, streets and highways, parks, and central vehicle fleet maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of public works personnel; NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim . May 17-23, 2009 as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works personnel make every day to our health, safety, comfort, and quality of life. Mav 11.2009 Date ATTEST.- City Clerk Mayor Council Members 0 • City Council Agenda Item No. 7c • 0 COUNCIL ITEM MEMORANDUM To: Curt BoganeY, City Manager From: Scott Bechthold, Chief of Police Dater May 4, 2009 Subject: Law Enforcement Memorial Week Recommendation: It is recommended that the Council resolve to observe May 15, 2009 as Peace Officers Memorial Day; and the week of May 10 through May 16, 2009 as Police Week. Background: Congress and the President of the United States has designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week. Observance of Police Week and Peace Officers Memorial Day help will recognize our Brooklyn Center Police Department and other law enforcement agencies, as well as officers who died or were disabled in the line of duty. Budget Issues: None involved. Attachment: Resolution draft 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING MAY 10 THROUGH MAY 16, 2009, AS POLICE WEEK AND MAY 15, 2009, AS PEACE OFFICERS MEMORIAL DAY WHEREAS, the Congress- and President of the United- States has designated _ May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the members of the law enforcement agency of Brooklyn Center play an essential role in safeguarding the rights and freedoms of the citizens of Brooklyn Center; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the police department of Brooklyn Center has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the citizens of Brooklyn Center and all patriotic, civil and educational organizations be called upon to observe the week of May 10 through 16, 2009, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. FURTHER, be it resolved that all citizens of Brooklyn Center be called upon to observe Friday, May 15, 2009, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. Mav 11.2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerkj DATE: May 4, 2009 SUBJECT: Mayoral Appointment - Planning Commission ecommendation It is recommended that the City Council consider ratification of the Mayoral appointment of JoAnn Campbell-Sudduth to the Planning Commission with term expiring December 31, 2009. Background: The Planning Commission is composed of a chairperson and six members. There is one vacancy on the Commission. As outlined in Subdivision 6, Resignations-Removal from Office-Vacancies, of the Resolution Defining Duties and Responsibilities of the Brooklyn Center Planning Commission, the following procedures for filling Commission vacancies were followed. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 beginning January 9, 2009, through May 1; 2009. Announcement was made in the January 22, 2009, Brooklyn Center Sun-Post. A letter was sent to -those--persons who- previously had submitted an application for_appointmcnt_tc a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the _ City Clerk if they are interested in applying for the Commission. They were given the choice of either • submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members on May 1, 2009. Attached for City Council Members only is a copy of the application received for consideration: JoAnn Cambell-Sudduth 6125 N Lilac Dr #305 Mayor Willson has communicated with the applicant and recommends appointment A letter was sent to the applicant notifying her that her application for appointment would be considered at the May 11, 2009, City Council meeting. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's web site at www.citvofbrooklvncenter.orp and clicking on Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. 0 • City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) - Current Members May 4, 2009 Neighborhoods A > >licants ' Current Members Southeast JoAnn Campbell-Sudduth Kara Kuykendall Della Young I Northeast Sean Rahn, Chair Northwest n Stan Lei o _ West Central Central Michael Parks Southwest Carlos Morgan One vacancy. 0 • City Council Agenda Item No. lOb • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk awAeMZ6~ DATE: May 7, 2009 SUBJECT: Consideration of Liquor License for Chilitos Mexican Grill 2101 Freeway Boulevard Recommendation: It is recommended that the City Council continue the hearing to a later date (to be determined) as requested by the applicant's attorney. Background: On January 27, 2009, Gemstone Nuggets Inc. submitted an application for on-sale intoxicating liquor license for Chilitos Mexican Grill, 2101 Freeway Boulevard. A background investigation was conducted by the Police Department to verify the information in the application. . City Attorney Charlie LeFevere drafted a letter to Robert Cardinal, Gemstone Nuggets Inc., informing that the City Council would meet on May 1 lth to discuss the matter and inviting Mr. Cardinal to address the Council if he wished. On May 6, 2009, Attorney Patrick J. Kelly, representing the applicant, e-mailed the City Attorney requesting the hearing being continued to a later date and requesting a meeting to discuss the findings in the background investigation. City Attorney LeFevere indicates there is no harm to the City to continue the hearing as requested by the applicant. Budget Issues: There are no budget issues to consider. 0 0 City Council Agenda Item No. lOc 0 • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: May 5, 2009 SUBJECT: Consideration of Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, then close the hearing, and then take action on rental license application. Should the Council wish to not renew the license, it is recommended that the motion be to direct Staff to prepare proposed findings for non-renewal of the rental license and draft said resolution for the next Council meeting. Background: Section 12-901(1) requires rental dwellings to be licensed. There are two types of licenses, regular and provisional. The property located at 5301 Dupont Avenue North is a six-unit multifamily complex owned by Spencer Ung. Mr. Ung applied for a renewal rental license on February 6, 2009, as the regular rental license will expire on May 31, 2009. • In a memo dated March 10, 2009, Commander Benner notified City Manager Boganey that the six-unit rental property located at 5301 Dupont Avenue North exceeded the .65 calls for service per unit. Section 12-913(1) states, "Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit. On March 11, 2009, Mr. Ung attended a neighborhood meeting to discuss the concerns raised in the area as a result of his property. On March 12, 2009, Mr. Ung evicted the problem tenant (see Commander Benner's memorandum dated May 5, 2009). On April 2, 2009, a notice of intent not to renew the rental license for 5301 Dupont Avenue North was mailed to Mr. Spencer Ung. He was given the option of applying for a provisional rental license or requesting a hearing before the City Council before final action is taken. A fax from Mr. Ung requesting a hearing was received by the City on April 16, 2009. City Attorney Charlie LeFevere reviewed the request and notified Mr. Ung of the date and time of the hearing, which is scheduled for Monday, May 11, 2009. Budget Issues: There are no budget issues to consider. 0 0 BROOKLYN CENTER POLICE DEPARTMENT TO: Sharon Knutson, City Clerk FROM: Kevin Benner, Commander DATE: May 5, 2009 LI GiSY Op ~R6°~11F C.N~~I. MN MEMORANDUM SUBJECT: Excessive Calls for Service at 5301 Dupont Avenue North- Update A review of all the six calls for service to 5301 Dupont Avenue North was completed to see if any of the calls were one continuous call or categorized incorrectly. All calls were confirmed independent from the other and accurately categorized. (These are the calls which are countable under the 12-913 ordinance.) During this review, a seventh call was identified within the last 12 months. This was a drug possession call that occurred on March 4, 2009. (This information was included in the memo sent on March 9, 2009, but had not yet been counted in the total.) This call places the six unit property at 1.17 calls for service annual average per unit. The average to this property will not fall below the ordinance set limit of .65 until February 2010, if no additional calls are received. The owner (Spencer Ung) attended a neighborhood meeting on March 11, 2009 to discuss the concerns raised in the area as a result of his property and shared with neighbors his plan to evict. The owner reported, and it was confirmed by police, that all but two of the calls for service directly involved the same tenant that the owner evicted on March 12, 2009. After this eviction Crime Prevention Specialist Becky Boie suggested to the owner to complete the Crime Free Multi-Housing (CFMH) program. On May 2, 2009 the owner reported attending the classroom training on CFMH, which would satisfy the first phase of the three phases of the CFMH program. It was recommended to the owner that all three phases be complete and be a part of his written mitigation plan with a timeline schedule for completion included. This plan has not yet been received by the police department, but actions taken by the owner suggest a working progress to this plan. However, this plan still needs to be submitted in written form. Since the March 12, 2009 eviction, there have not been any calls for service to 5301 Dupont Avenue North, that would be counted under the 12-913 ordinance. 0 Kennedy v C H A R T E R E D Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com April 30, 2009 Mr. Spencer Ung 6019 - 68th Avenue North Brooklyn Park, MN 55429 Re: Rental Property at 5301 Dupont Avenue North, Brooklyn Center, MN Dear Mr. Ung: - - - - I represent the City of Brooklyn Center, Minnesota as legal counsel. By letter of April 2, 2009, • from City Clerk Sharon Knutson (a copy of which is attached), you were advised that the above- referenced property would no longer be eligible for a regular license because of the number of police or fire calls occurring at that property from April 1, 2008 to March 31, 2009. By letter dated April 16, 2009, from you to the City Manager, you requested a hearing on the non-renewal of the regular license for the subject property. The purpose of this notice is to advise you that the requested hearing will be held at the regular meeting of the Brooklyn Center City Council on May 11, 2009. The meeting begins at 7:00 p.m. The City Council meets in the Council Chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the City Council on this matter at that time if you wish. Very truly yours,. 0_~ r_ a_Q J Charles L. LeFevere CLL:peb Enclosure cc: Curt Boganey (w/enc.) • Sharon Knutson (w/enc.) Scott Bechthold (w/enc.) Kevin Benner, Commander (w/enc.) 351123v1 CLLBR291-4 Rpr 18 09 12:308 • April 16, 2004 P .2 Ung Properties, LLP Spencer Ung 6019 6E`" Ave N Brooklyn Park, MN 55429 City of Brooklyn Center Alice; of the City Clerk 6301 Shingle Creek Parkway Brooklyn Center., MN 55430 Re: NOTICF, OF IN'1'fi'NT NUT TO RENEW LICENSE Dear City Manager, - Ung Properties, LLP would like to object to the non-renewal of the regular rental_ liccrusq and have this matter reconsidered on a future date and time set forth by the city clerk. . Thu exceeding; of the .65 number of calls per unit was isolated to one unit on the property. Ung Properties takes an active role in managing the property. In fact, even prior to the notice of the .65 call violations, Ung Properties had notified the one isolated unit that they would be evicted if they did not voluntary move out. The number of violations occurred between the notice of eviction and eviction court date. Ung Properties, LLP would like to keep the regular rental license it currently holds. Thank you, Spencer Ung Landlord 012.532.7816 0 Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk NOTICE OF INTENT NOT TO RENEW LICENSE April 2, 2009 Mr. Spencer Ung 6019 68" Ave N Brooklyn Park, MN 55429 RE: Rental Property At: 5301 Dupont Ave N, Brooklyn Center, MN Dear Mr. Ung: The regular rental license for the property described above will expire on May 31, 2009. You are hereby notified that the Brooklyn Center City Manager will recommend to the City Council that the regular rental license for the above address not be renewed. The licensing of rental dwellings in the City of Brooklyn Center is governed by Brooklyn Center City Code Sections 12-900 through 12-1401. Under City Code, there are two kinds of rental housing licenses - regular and provisional. At the time of license renewal, and each six months during the license term, an evaluation is made to determine whether a licensee is eligible for a regular license. The City's records show that the licensed premises listed above had an average of 1.00 police or fire calls per dwelling unit in the one-year period from April 1, 2008, to March 31, 2009. Because the average number of calls per unit exceeds .65 in the one-year period noted above, the City Manager has determined that the premises are eligible only for a provisional license. Accordingly, the City Manager will make his recommendation not to renew the regular license at a regular City Council meeting of May 11, 2009. City Code provides that no fmal decision may be made not to renew a license until the licensee has had an opportunity for a hearing before the City Council. If you were to have the City Council consider the question whether to renew your regular license, you must give written notice requesting a hearing to the City Manager. Notice must be received in the City Manager's office at the address listed in the letterhead of this letter, no later than 4:30 p.m. on Monday, April 20, 2009. If such notice is received by the City Manager, the matter will be removed from the City Council agenda and you will be given notice of the date, time, and place of the hearing. The hearing will be held to consider the non-renewal of the regular rental license at the above noted address on the grounds that it is eligible only for a provisional license because the premises generated an average • of .65 or more police or fire calls per dwelling unit as noted above. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyn,center.org • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: May 5, 2009 SUBJECT: Consideration of Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council open the hearing to receive staff report and applicant testimony, then close the hearing, and then take action on rental license application. Should the Council wish to not renew the license, it is recommended that the motion be to direct Staff to prepare proposed findings for non-renewal of the rental license and draft said resolution for the next Council meeting. Background: Section 12-901(1) requires rental dwellings to be licensed. There are two types of licenses, regular and provisional. The property located at 5301 Dupont Avenue North is a six-unit multifamily complex owned by Spencer Ung. Mr. Ung applied for a renewal rental license on February 6, 2009, as the regular rental license will expire on May 31, 2009. • In a memo dated March 10, 2009, Commander Benner notified City Manager Boganey that the six-unit rental property located at 5301 Dupont Avenue North exceeded the .65 calls for service per unit. Section 12-913(1) states, "Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular license only after a one year period with fewer than .65 police or fire calls per dwelling unit. On March 11, 2009, Mr. Ung attended a neighborhood meeting to discuss the concerns raised in the area as a result of his property. On March 12, 2009, Mr. Ung evicted the problem tenant (see Commander Benner's memorandum dated May 5, 2009). On April 2, 2009, a notice of intent not to renew the rental license for 5301 Dupont Avenue North was mailed to Mr. Spencer Ung. He was given the option of applying for a provisional rental license or requesting a hearing before the City Council before final action is taken. A fax from Mr. Ung requesting a hearing was received by the City on April 16, 2009. City Attorney Charlie LeFevere reviewed the request and notified Mr. Ung of the date and time of the hearing, which is scheduled for Monday, May 11, 2009. Budget Issues: There are no budget issues to consider. 0 0 BROOKLYN CENTER POLICE DEPARTMENT TO: Sharon Knutson, City Clerk FROM: Kevin Benner, Commander DATE: May 5, 2009 LI GiSY Op ~R6°~11F C.N~~I. MN MEMORANDUM SUBJECT: Excessive Calls for Service at 5301 Dupont Avenue North- Update A review of all the six calls for service to 5301 Dupont Avenue North was completed to see if any of the calls were one continuous call or categorized incorrectly. All calls were confirmed independent from the other and accurately categorized. (These are the calls which are countable under the 12-913 ordinance.) During this review, a seventh call was identified within the last 12 months. This was a drug possession call that occurred on March 4, 2009. (This information was included in the memo sent on March 9, 2009, but had not yet been counted in the total.) This call places the six unit property at 1.17 calls for service annual average per unit. The average to this property will not fall below the ordinance set limit of .65 until February 2010, if no additional calls are received. The owner (Spencer Ung) attended a neighborhood meeting on March 11, 2009 to discuss the concerns raised in the area as a result of his property and shared with neighbors his plan to evict. The owner reported, and it was confirmed by police, that all but two of the calls for service directly involved the same tenant that the owner evicted on March 12, 2009. After this eviction Crime Prevention Specialist Becky Boie suggested to the owner to complete the Crime Free Multi-Housing (CFMH) program. On May 2, 2009 the owner reported attending the classroom training on CFMH, which would satisfy the first phase of the three phases of the CFMH program. It was recommended to the owner that all three phases be complete and be a part of his written mitigation plan with a timeline schedule for completion included. This plan has not yet been received by the police department, but actions taken by the owner suggest a working progress to this plan. However, this plan still needs to be submitted in written form. Since the March 12, 2009 eviction, there have not been any calls for service to 5301 Dupont Avenue North, that would be counted under the 12-913 ordinance. 0 Kennedy v C H A R T E R E D Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com April 30, 2009 Mr. Spencer Ung 6019 - 68th Avenue North Brooklyn Park, MN 55429 Re: Rental Property at 5301 Dupont Avenue North, Brooklyn Center, MN Dear Mr. Ung: - - - - I represent the City of Brooklyn Center, Minnesota as legal counsel. By letter of April 2, 2009, • from City Clerk Sharon Knutson (a copy of which is attached), you were advised that the above- referenced property would no longer be eligible for a regular license because of the number of police or fire calls occurring at that property from April 1, 2008 to March 31, 2009. By letter dated April 16, 2009, from you to the City Manager, you requested a hearing on the non-renewal of the regular license for the subject property. The purpose of this notice is to advise you that the requested hearing will be held at the regular meeting of the Brooklyn Center City Council on May 11, 2009. The meeting begins at 7:00 p.m. The City Council meets in the Council Chambers at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN. You may address the City Council on this matter at that time if you wish. Very truly yours,. 0_~ r_ a_Q J Charles L. LeFevere CLL:peb Enclosure cc: Curt Boganey (w/enc.) • Sharon Knutson (w/enc.) Scott Bechthold (w/enc.) Kevin Benner, Commander (w/enc.) 351123v1 CLLBR291-4 Rpr 18 09 12:308 • April 16, 2004 P .2 Ung Properties, LLP Spencer Ung 6019 6E`" Ave N Brooklyn Park, MN 55429 City of Brooklyn Center Alice; of the City Clerk 6301 Shingle Creek Parkway Brooklyn Center., MN 55430 Re: NOTICF, OF IN'1'fi'NT NUT TO RENEW LICENSE Dear City Manager, - Ung Properties, LLP would like to object to the non-renewal of the regular rental_ liccrusq and have this matter reconsidered on a future date and time set forth by the city clerk. . Thu exceeding; of the .65 number of calls per unit was isolated to one unit on the property. Ung Properties takes an active role in managing the property. In fact, even prior to the notice of the .65 call violations, Ung Properties had notified the one isolated unit that they would be evicted if they did not voluntary move out. The number of violations occurred between the notice of eviction and eviction court date. Ung Properties, LLP would like to keep the regular rental license it currently holds. Thank you, Spencer Ung Landlord 012.532.7816 0 Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk NOTICE OF INTENT NOT TO RENEW LICENSE April 2, 2009 Mr. Spencer Ung 6019 68" Ave N Brooklyn Park, MN 55429 RE: Rental Property At: 5301 Dupont Ave N, Brooklyn Center, MN Dear Mr. Ung: The regular rental license for the property described above will expire on May 31, 2009. You are hereby notified that the Brooklyn Center City Manager will recommend to the City Council that the regular rental license for the above address not be renewed. The licensing of rental dwellings in the City of Brooklyn Center is governed by Brooklyn Center City Code Sections 12-900 through 12-1401. Under City Code, there are two kinds of rental housing licenses - regular and provisional. At the time of license renewal, and each six months during the license term, an evaluation is made to determine whether a licensee is eligible for a regular license. The City's records show that the licensed premises listed above had an average of 1.00 police or fire calls per dwelling unit in the one-year period from April 1, 2008, to March 31, 2009. Because the average number of calls per unit exceeds .65 in the one-year period noted above, the City Manager has determined that the premises are eligible only for a provisional license. Accordingly, the City Manager will make his recommendation not to renew the regular license at a regular City Council meeting of May 11, 2009. City Code provides that no fmal decision may be made not to renew a license until the licensee has had an opportunity for a hearing before the City Council. If you were to have the City Council consider the question whether to renew your regular license, you must give written notice requesting a hearing to the City Manager. Notice must be received in the City Manager's office at the address listed in the letterhead of this letter, no later than 4:30 p.m. on Monday, April 20, 2009. If such notice is received by the City Manager, the matter will be removed from the City Council agenda and you will be given notice of the date, time, and place of the hearing. The hearing will be held to consider the non-renewal of the regular rental license at the above noted address on the grounds that it is eligible only for a provisional license because the premises generated an average • of .65 or more police or fire calls per dwelling unit as noted above. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyn,center.org Mr. Spencer Ung Page 2 April 2, 2009 At the hearing, you may be represented by legal counsel at your expense if you wish, and you may present oral or written evidence, arguments, and information. If you do not wish to contest the non-renewal of your regular rental license at a hearing before the City Council, you may apply for a provisional license. Under City Code Section 12-913.3, you must submit a mitigation plan together with your application for a provisional license along with the required fee of $157.50 for such license. The mitigation plan must describe steps proposed by the applicant to reduce the number of police and fire calls. The Brooklyn Center Police Department is available to answer your questions and assist you in the preparation of your mitigation plan; please contact Becky Boie at 763-503-3272 for assistance. Questions regarding license requirements should be directed to me at 763-569-3306. Sincerely, j WC Sharon Knutson, MMC City Clerk Enclosures • 0 BROOKLYN CENTER POLICE DEPARTMENT YpLI CSTY ~F' ~ °pntrrctixtc~. MN MEMORANDUM TO: Curt Boganey, City Manager FROM: Kevin Benner, Commander DATE: March 10, 2009 SUBJECT: Excessive Calls for Service at 5301 Dupont Avenue North The six unit property located at 5301 Dupont Ave. N. had a notable spike in violent calls for service starting in imid February 2009. Since that time we have been in contact with the property owner, Spencer Ung, to address the issue of the increase in calls. As of the end of February 2009, the calls for service to the 5301 Dupont Ave N. property exceeded the .65 calls for service per unit as defined in the 12-913 ordinance. During the past twelve months (3/1/08 to 2/28/09) there have been a total of 18 calls for service to this property, six (6) of which have been 12-913 violations, placing this property at 1.00 calls for service per unit as of 2/28/09. Because these calls for service have just occurred and the 12-913 ordinance tracks the previous 12 months calls for service, the average will not be below .65 until February 2010, if no additional calls are received. The following are the violations along with brief note of police actions taken: 8126108 Unit #5 Disturbance call citation issued First letter sent to owner 918108 12-911 & 12913 violation 1213108 Burglary-Unit #S No arrests 12-913 violation 2112109 Fight outside complex No arrests or unit identified 12-913 violation 2116109 Robbery/assault/drugs Unit #1 ?Tennant of #1 arrested for robbery 12-911 & 12-913 violation • Statement of Facts hand delivered to owner 2120109 Mr. Spencer Ung Page 2 April 2, 2009 At the hearing, you may be represented by legal counsel at your expense if you wish, and you may present oral or written evidence, arguments, and information. If you do not wish to contest the non-renewal of your regular rental license at a hearing before the City Council, you may apply for a provisional license. Under City Code Section 12-913.3, you must submit a mitigation plan together with your application for a provisional license along with the required fee of $157.50 for such license. The mitigation plan must describe steps proposed by the applicant to reduce the number of police and fire calls. The Brooklyn Center Police Department is available to answer your questions and assist you in the preparation of your mitigation plan; please contact Becky Boie at 763-503-3272 for assistance. Questions regarding license requirements should be directed to me at 763-569-3306. Sincerely, j WC Sharon Knutson, MMC City Clerk Enclosures • 0 BROOKLYN CENTER POLICE DEPARTMENT YpLI CSTY ~F' ~ °pntrrctixtc~. MN MEMORANDUM TO: Curt Boganey, City Manager FROM: Kevin Benner, Commander DATE: March 10, 2009 SUBJECT: Excessive Calls for Service at 5301 Dupont Avenue North The six unit property located at 5301 Dupont Ave. N. had a notable spike in violent calls for service starting in imid February 2009. Since that time we have been in contact with the property owner, Spencer Ung, to address the issue of the increase in calls. As of the end of February 2009, the calls for service to the 5301 Dupont Ave N. property exceeded the .65 calls for service per unit as defined in the 12-913 ordinance. During the past twelve months (3/1/08 to 2/28/09) there have been a total of 18 calls for service to this property, six (6) of which have been 12-913 violations, placing this property at 1.00 calls for service per unit as of 2/28/09. Because these calls for service have just occurred and the 12-913 ordinance tracks the previous 12 months calls for service, the average will not be below .65 until February 2010, if no additional calls are received. The following are the violations along with brief note of police actions taken: 8126108 Unit #5 Disturbance call citation issued First letter sent to owner 918108 12-911 & 12913 violation 1213108 Burglary-Unit #S No arrests 12-913 violation 2112109 Fight outside complex No arrests or unit identified 12-913 violation 2116109 Robbery/assault/drugs Unit #1 ?Tennant of #1 arrested for robbery 12-911 & 12-913 violation • Statement of Facts hand delivered to owner 2120109 • • • 2118109 CPS Boie spoke with owner. Owner attempted a mutual termination of lease with unit #1, tenant declined. 2124109 Burglary Unit #4 No arrests 12-913 violation 2125109 -Disturbance call unit #1, second violation Letter and call mailed on 314109. 2126109 Owner contacted CPS Boie stating that the tenant would be willingly moving out 2128/09. 312109 Owner contacted CPS Boie and informed that the tenant did not move out. Owner proceeded to file for an eviction on this date as well (court date 3112109 at 1000). 314109 CPS Boie contacted owner to let him know of the second violation as well as the calls to his property exceeding the. 65 threshold. Owner has been very cooperative with us to date. 314109 Renter from-Unit #1 arrested for outstanding warrant. While officers were on _ scene, renter had drug paraphernalia in the unit. 315109 CPS Boie contacted the owner to apprise him of the warrant and drug paraphernalia arrest that occurred on 03104109 and provide a statement offacts to assist in eviction proceeding. There is a neighborhood meeting scheduled for 3/11/09 at 1830 at the request of the neighbors due to the increase in police cars at the 5301 Dupont Ave. N. building. Mr. Ung has also agreed to attend the meeting. In review of all the calls for service, all the identified nuisance calls have a direct relation to unit # 1, except for one call. Cc: Scott Bechthold, Chief of Police • City Council Agenda Item No. lOd • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Tom=Bublitz EDA/HRA-Specialist THROUGH: Gary Eitel, Director of business and Development DATE: May 6, 2009 SUBJECT: Resolution Approving Subrecipient Agreement for Hennepin County Neighborhood Stabilization Program Recommendation: Approval of Resolution Approving Subrecipient Agreement for Hennepin County Neighborhood Stabilization Program Background: In July 2008, Congress passed and the President signed the Housing and Economic Recovery • Act (HERA), intended to help cities, individuals and families affected by the national foreclosure crisis. The Act included funding for the Neighborhood Stabilization Program (NSP), a one time $3.92 billion source of funding for cities and states to address the problems created by abandoned and foreclosed homes. The Department of Housing and Urban Development (HUD) administers the program. HUD awarded $3,885,729 in NSP funding to Hennepin County and the Minnesota Housing Finance Agency (MHFA), from their $38.5 million allocation from HUD, awarded $4,715,298 to Hennepin County. Hennepin County has awarded $1,905,500 to the City of Brooklyn Center from its combined HUD and MHFA allocations. Grant recipients must direct NSP funds to areas with the greatest need as demonstrated by: • The number and percentage of home foreclosures in each state or unit of general local government. • The number and percentage of homes financed by sub-prime mortgage related loans in each state or unit of general local government. • The number and percentage of homes in default or delinquent in each state or unit of • general local government. Eligible NSP Fund Uses • Establish financing mechanisms for purchase and redevelopment of foreclosed homes and residential properties. • Purchase and rehabilitate homes and residential properties that have been abandoned or _ foreclosed, in-order-to sell,rent, or-redevelop. Establish 'land banks for homes that have been foreclosed. • Demolish blighted structures. • Redevelop demolished or vacant properties. Ineligible Activities • Generally, if an activity is ineligible under Community Development Block Grant (CDBG) it is ineligible under NSP. • Foreclosure prevention. • Demolition of non-blighted structures. • Purchase of properties not abandoned or foreclosed upon. • Redevelopment for commercial purposes. Uses of NSP funds-must conform to Community Development Block Grant (CDBG) standards except as waived or modified by the NSP program. One exception to CDBG guidelines is that the upper income limit for assisted households is increased from 80 to 120 percent of area . median income. HERA and its implementing regulations place many other restrictions on the NSP funds: • Funds must be committed within 18 months of receipt (March 2009) and spent within four years. • At least 25 percent of the funds must be used to assist households below 50 percent area median income. • When properties are purchased using NSP funds, the purchase price must be at minimum 5 percent below current market appraised value (based on a 60 day appraisal from the date of acquisition) with an overall 15 percent average discount. Effectively, this means homes must be purchased at 15 percent below the appraised value. • The sales price for homes assisted with NSP funds cannot exceed the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe and habitable condition. • NSP requires a defined geographic area designated to receive NSP funding. The area designated by the City is the city's southeast neighborhood, which contains the city's oldest housing stock and which has some of the highest concentrations of foreclosed properties. The NSP activities approved in the Subrecipient Agreement include the following: • $300,000 in down payment assistance to homebuyers (buyer driven). This activity would be administered by Hennepin County. . • $500,000 in rehabilitation assistance to homebuyers (buyer driven). This activity would be administered by Hennepin County • $1,105,500 for demolition of foreclosed, blighted and vacant/abandoned homes. The property would then be land banked. The land bank approach essentially provides for th demolition of blighted/foreclosed/vacant and or abandoned properties and development of the land at some future date. This activity would be administered by the EDA. Amendments to program activities are likely to occur if proposed activities are determined not t be meeting the goals of the NSP program or the funds are not being utilized in a timely manner A copy of the Subrecipient Agreement prepared by Hennepin County including attachments is included with this memorandum. Budget Issues: There are no budget issues. e to • Member and moved its adoption: RESOLUTION NO. introduced the following resolution RESOLUTION APPROVING SUBRECIPIENT AGREEMENT FOR HENNEPIN COUNTY NEIGHBORHOOD STABILIZATION PROGRAM WHEREAS, Hennepin County (Recipient) has received a grant from the Federal Department of Housing and Urban Development (HUD) and is a sub-grantee to the Minnesota Housing Finance Agency under Title III of Division B of the Housing Economic Development Authority Recovery Act, 2008 (Public Law 110-289) (the Act), as amended, for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties commonly referred to as the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP); and WHEREAS, pursuant to the requirements of the Housing and Economic Development Authority Recovery Act of 2008, Hennepin County has proposed a Subrecipient Agreement Hennepin County Neighborhood Stabilization Program for execution by the City of Brooklyn Center and; and WHEREAS, Recipient has approved use of $1,905,500 of NSP funds by the City of Brooklyn Center (Subrecipient) for the implementation of eligible and fundable NSP Activitiy • (ies) as set forth in the Subrecipient Agreement; and WHEREAS, the City of Brooklyn Center's proposed activities under the NSP include the following: 1. Financing Mechanism - Down Payment Assistance in the amount of $300,000 2. Financing Mechanism - Rehab Assistance in the amount of $500,000 3. Demolition - Blighted properties in the amount of $1,105,500 WHEREAS, pursuant to the Subrecipient Agreement between the City of Brooklyn Center and Hennepin County, the City agrees to assume certain responsibilities for the utilization of NSF funds; and WHEREAS, approval of the Subrecipient Agreement by the City of Brooklyn Center is required to receive NSP funds from Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, that it approves the Subrecipient Agreement Hennepin County Neighborhood Stabilization Program and authorizes the Mayor and City Manager to execute the Agreement. 0 0 RESOLUTION NO. BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and City Manager to execute any required third party agreement(s) on behalf of the city, if such an agreement is required. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor and City Manager to 'approve any revisions to the Subrecipient Agreement required by Hennepin County, said revisions shall not constitute a revision that will substantially affect the nature or intent of the Subrecipient Agreement. Mav 11.2009 Date ATTEST City Clerk Mayor 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. 0 • SUBRECIPIENT AGREEMENT HENNEPIN COUNTY NEIGHBORHOOD STABILIZATION PROGRAM THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as "RECIPIENT," A-2400 Government Center, Minneapolis, Minnesota 55487, and the CITY OF BROOKLYN CENTER, hereinafter referred to as "SUBRECIPIENT," said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59: WITNESSETH WHEREAS, RECIPIENT has received a grant from the Federal Department of Housing and Urban Development (HUD) and is a subgrantee to the Minnesota Housing Finance Agency under Title III of Division B of the Housing and Economic Recovery Act, 2008 (Public Law 110- 289) (the Act), as amended, for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties. (Catalog of Federal Domestic Assistance (CFDA) numbers 14.218, 14.225; and 14.228.) Unless the Act states otherwise, such grants are to be considered Community Development Block Grant (CDBG) funds according to the implementing regulations at 24 CFR Part 570. The grant program under Title III is commonly referred to as the CDBG Neighborhood Stabilization Program (NSP): and - - ` { WHEREAS, RECIPIENT has approved use of $1,905,500 of NSP funds by the . SUBRECIPIENT for the implementation of eligible and fundable NSP activity/ies as set forth in Exhibit 1 to this Agreement; and WHEREAS, the SUBRECIPIENT agrees to assume certain responsibilities for the implementation of the approved activities described in Exhibit 1, said responsibilities being specified in part in the Joint Cooperation Agreement effective October 1, 2008, executed between RECIPIENT and SUBRECIPIENT, and in the Hennepin County Consortium 2008 Consolidated Plan, as amended, and the Certifications contained herein as Exhibit 3, and WHEREAS, except as otherwise provided in Title III and the October 6, 2008 Federal Register Noticereferred to as the "Notice" and statutory and regulatory provisions governing the CDBG Program, as applicable, shall apply to the use of NSP funds. NOW, THEREFORE, the parties do hereby agree as follows: SCOPE OF SERVICES A. Except as described in HUD Notice published in the Federal Register on October 6, 2008 and attached as Exhibit 2, statutory and regulatory provisions governing the CDBG Program, including those at 24 CFR Part 570 Subparts A, C, D, J, K, and O, as appropriate, shall apply to the use of NSP funds. The SUBRECIPIENT shall expend all or any part of its NSP allocation only on those activities identified in Exhibit 1, subject to the requirements of this Agreement and the stipulations and requirements set forth in Exhibits 1 and 3 to this Agreement. B. The SUBRECIPIENT shall take all necessary actions, not only to comply with the stipulations as set out in Exhibit 1, but to comply with any requests by the RECIPIENT in that connection; it being understood that the RECIPIENT is responsible to the Department of Housing and Urban Development (HUD) for ensuring compliance with such requirements. The SUBRECIPIENT also will promptly notify the RECIPIENT of any changes in the scope or character of the activitylies which it is implementing. C. At the request of the RECIPIENT, on a form to be provided, the SUBRECIPIENT shall submit a schedule, corresponding to the term of this Agreement, showing milestones for activity implementation and timely expenditure of funds and will provide other information as requested to assure compliance with HUD timeliness requirements. 2. TERM OF AGREEMENT The effective date of this Agreement is March 20, 2009. The Agreement will remain in effect until the NSP funds and program income received are expended and the funded activities completed. Upon expiration, the SUBRECIPIENT shall relinquish to the RECIPIENT all program funds unexpended and uncommitted, and all accounts receivable attributable to the use of CDBG funds for the activities described in Exhibit 1, as may be amended. 3. TIMELINESS OF USE OF AND EXPENDITURE OF NSP FUNDS SUBRECIPIENT must use (obligate) NSP funds within eighteen (18) months of the effective date of this Agreement. 'Use' for the purposes of the ACT section 2301(c)(1) is when funds are used for a specific NSP activity; for example, for acquisition of a specific property. Funds are obligated for an activity when orders are placed, contracts awarded, services are received, and similar transactions have occurred that require payment by the RECIPIENT or SUBRECIPIENT during the same or a future period. Funds are not obligated for an activity when subawards are made. The 18-month expenditure period applies to any program income earned under this Agreement except that a 'use test' shall apply based on whether the SUBRECIPIENT has expended or obligated NSP funds in an aggregate amount at least equal to its NSP allocation. Refer to section 17 of this Agreement for other program income requirements. 4. REPORTING On a form to be provided by the RECIPIENT, SUBRECIPIENT shall submit a quarterly performance report no later than 30 days following the end of each quarter, beginning 30 days after the completion of the first full calendar quarter after the effective date of this Agreement and continuing until the end of the 15 month following the date of this Agreement. SUBRECIPIENT shall report monthly on its NSP obligations and expenditures beginning 30 days after the end of the 15 month and continuing until reported total obligations are equal to or greater than the total NSP grant. After HUD has accepted a report from the RECIPIENT showing such obligation of funds, the monthly reporting requirement will end and quarterly reports will continue until all NSP funds (including program income) have been expended and those expenditures are included in a report to HUD. • 2 • 5. THIRD PARTY AGREEMENTS The SUBRECIPIENT may subcontract this Agreement and/or the services to be performed hereunder, whether in whole or in part, only with the prior consent of the RECIPIENT and only through a written Third Party Agreement acceptable to the RECIPIENT. The SUBRECIPIENT shall not otherwise assign, transfer, or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in -part, without the prior consent of the RECIPIENT. 6. AMENDMENTS TO AGREEMENT Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an amendment to this Agreement signed, approved, and properly executed by the authorized representatives of the parties. An exception to this process will be in amending Exhibit 1 to this Agreement. Exhibit 1 shall be deemed amended to conform to any amendments to the Consolidated Plan, as such amendments occur. Any amendments to the Consolidated Plan, which constitute substantial changes, require public notice by the SUBRECIPIENT and an opportunity for public comment for 30 days prior to action on the proposed amendmentby the Hennepin County Board of Commissioners. A substantial change amendment must follow the process described in the 2005-2009 Consolidated Plan for the Hennepin County Consortium. i Substantial change is defined Substantial change is defined as a change that changes the purpose, scope or intended beneficiaries of a project. In order to ensure that all NSP funds are obligated as required, any changes to the Exhibit 1A budget will not be considered a substantial change amendment as defined in the Consolidated Plan. Reallocations, if any, will be coordinated by County staff subject to the review and approval of the Manager of Housing Development and Finance and the Director of Housing, Community Works and Transit. 7. PAYMENT OF NSP FUNDS The RECIPIENT agrees to provide the SUBRECIPIENT with NSP funds not to exceed the Hennepin County authorized budget to enable the SUBRECIPIENT to carry out its CDBG- eligible activity/ies as described in Exhibit 1. It is understood that the RECIPIENT shall be held accountable to HUD for the lawful expenditure of NSP funds under this Agreement. The RECIPIENT shall therefore make no payment of NSP funds to the SUBRECIPIENT and draw no funds from HUD/U.S. Treasury on behalf of a SUBRECIPIENT activity/ies, prior to having received a request for reimbursement for expenses incurred from the SUBRECIPIENT on a form to be provided by the RECIPIENT. In addition to the request form, SUBRECIPIENT shall provide copies of all documents and records needed to ensure that the SUBRECIPIENT has complied with the appropriate regulations and requirements. The RECIPIENT will provide reimbursement within 30 days of receipt and approval of all documents required under this section. • 3 • 8. INDEMNITY AND INSURANCE A. The SUBRECIPIENT does hereby agree to defend, indemnify, and hold harmless the RECIPIENT, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, - including employees of UBRECtPIENT--and property of SUBRECIPIENT, which.- are caused by or sustained in connection with the tasks carried out by the SUBRECIPIENT under this Agreement. B. In order to protect SUBRECIPIENT and RECIPIENT from liability and to effectuate the indemnification provisions hereinabove, each SUBRECIPIENT that is not self- insured agrees that during the term of this Agreement it will carry a single limit or combined limit or excess umbrella commercial general liability policy in an amount equal to, but shall not be required to carry coverage in excess of, claim limits specified in Minnesota Statutes Section 466.04, as amended. C. This section shall in no way be intended by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 9. CONFLICT OF INTEREST A. In the procurement of supplies, equipment, construction, and services by the SUBRECIPIENT, the conflict of interest provisions in 24 CFR 85.36 and OMB • Circular A-110 shall apply. B. In all other cases, the SUBRECIPIENT shall comply with the conflict of interest provisions of Minnesota Statutes Sections 471.87-471.88, and subpart K of 24 CFR 570.611. 10. DATA PRIVACY The SUBRECIPIENT agrees to abide by the provisions of the Minnesota Government Data Practices Act and all other applicable State and Federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. The SUBRECIPIENT agrees to defend, indemnify and hold the RECIPIENT, its elected officials, officers, agents, volunteers and employees harmless from any claims resulting from the'SUBRECIPIENT'S unlawful disclosure and/or use of such protected data. 11. SUSPENSION OR TERMINATION • A. If the SUBRECIPIENT materially fails to comply with any term of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute noncompliance and default. Unless the SUBRECIPIENT'S default is excused by the RECIPIENT, the RECIPIENT may take one or more of the actions prescribed in 24 CFR 85.43, including the option of immediately canceling this Agreement in its entirety. B. The RECIPIENT'S failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same. Such consent shall not constitute a general waiver or 4 • relinquishment throughout the entire term of the Agreement. C. This Agreement may not be terminated or withdrawn without cause by either party while this Agreement remains in effect. D. NSP funds allocated to the SUBRECIPIENT under this Agreement may not be obligated-or expended--by_the-SUBREZIPfENT following such date of termination.- - Any funds allocated to the SUBRECIPIENT under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the RECIPIENT. 12. REVERSION OF ASSETS Upon expiration or termination of this Agreement, the SUBRECIPIENT shall transfer to the RECIPIENT any NSP funds on hand or in the accounts receivable attributable to the use of NSP funds, including NSP funds provided to the SUBRECIPIENT in the form of a loan. Any real property under the control of the SUBRECIPIENT or its designee that was acquired or improved, in whole or in part, using NSP funds that will be held (land banked) for future, redevelopment shall comply with the applicable affordability period. New financing' documents and/or a new covenant will be filed at the close of the financing on the redevelopment of the real property. At a minimum, the loan term will be based on periods of affordability in the table below. yRental andHomeoeinership assistance N~ amount er-unit Under $15,000 $15,000 to $40,000 Over $40,000 New Construction Rental 13. PROCUREMENT NSP Loan Term ~1 a 10 15 20 The SUBRECIPIENT shall be responsible for procurement of all supplies, equipment, services,and construction necessary for implementation of its activity/ies. Procurement shall be carried out in accordance with the "Common Rule" Administrative Requirements in 24 CFR 85 and all provisions of the CDBG Regulations in 24 CFR 570 (the most restrictive of which will take precedence). The SUBRECIPIENT shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents, enter into all contracts, and conduct all meetings, conferences, and interviews as necessary to ensure compliance with the above described procurement requirements. The RECIPIENT shall provide advice and staff assistance to the SUBRECIPIENT to carry out its NSP-funded activity/ies. 14. ACQUISITION. RELOCATION. AND DISPLACEMENT • A. The SUBRECIPIENT shall be responsible for carrying out all acquisitions of real 5 • property necessary for implementation of the activitylies. The SUBRECIPIENT shall conduct all such acquisitions in its name, or in the name of any of its public, governmental, nonprofit agencies as authorized by its governing body, which shall hold title to all real property purchased. The SUBRECIPIENT shall comply with requirements under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (URA) (49 CFR Part 24), except where it conflicts with section 2301#d)(1yor any other section of -THE ACT, in which case THE ACT requirements shall prevail over the URA for purposes of NSP-assisted acquisitions of foreclosed-upon homes or residential properties. The RECIPIENT shall provide advice and staff assistance to the SUBRECIPIENT to carry out its NSP-funded activity/ies. B. The SUBRECIPIENT shall comply with the acquisition and relocation requirements of the URA as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR 42; the requirements in 24 CFR 570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) (note exception in next paragraph) of the Housing and Community Development Act of 1974; the relocation requirements of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional relocation assistance under section 105(a)(11) of the Act. As an exception under THE ACT to URA requirements set forth in 42 U.S.C. 5304(d)(2), as implemented at 24 CFR42.375, the SUBRECIPIENT will not be • required to meet the requirements for one-for-one replacement of low and moderate income dwelling units demolished or converted in connection with activities assisted with NSP funds. 15. ENVIRONMENTAL REVIEW The RECIPIENT shall determine the level of environmental review required under 24 CFR Part 58 and maintain the environmental review record on all activities. The SUBRECIPIENT shall be responsible for providing necessary information, relevant documents, and public notices to the RECIPIENT to accomplish this task. 16. LABOR STANDARDS. EMPLOYMENT. AND CONTRACTING The RECIPIENT shall be responsible for the preparation of all requests for HUD for wage rate determinations on NSP activities undertaken by the SUBRECIPIENT. The SUBRECIPIENT shall notify the RECIPIENT prior to initiating any activity, including advertising for contractual services which will include costs likely to be subject to the provisions on Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. The RECIPIENT will provide technical assistance to the SUBRECIPIENT to ensure compliance with these requirements. No NSP funds shall be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or SUBRECIPIENT during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. Prior to awarding a contract the SUBRECIPIENT shall promptly notify the RECIPIENT. The RECIPIENT shall be responsible for determining the status of the contractor under this requirement, and shall notify SUBRECIPIENT if the contractor is or 6 • is not prohibited from doing business with the Federal government as a result of debarment or suspension proceedings. 17. PROGRAM INCOME If the SUBRECIPIENT generated any program income, as defined in 24 CFR 570.500(a), as a result of the-expenditure-of-NSP funds; the-provisions of 24 CFR=570.504 shall apply,_ - . except as modified under Title III Division B of THE ACT and any subsequent amendments or in guidance provided by HUD or RECIPIENT, as well as the following specific stipulations: A. The SUBRECIPIENT will notify the RECIPIENT of any program income within ten (10) days of the date such program income is generated. When program income is generated by an activity only partially assisted with NSP funds, the income shall be prorated to reflect the percentage of NSP funds used. B. On a form to be provided by the RECIPIENT, the SUBRECIPIENT will document amounts received as program income are properly determined, calculated and supported. The RECIPIENT will subsequently review and verify documentation to assure Federal requirements are met. C. Any such program income must be paid to the RECIPIENT by the SUBRECIPIENT as soon as practicable after such program income is generated unless the SUBRECIPIENT is permitted to retain program income. • D. Program income returned to the RECIPIENT shall be credited to the grant authority of SUBRECIPIENT, whose project generated the program income, and shall be used for fundable and eligible NSP activities consistent with this Agreement. E. The SUBRECIPIENT further recognizes that the RECIPIENT has the responsibility for monitoring and reporting to HUD on the use of any such program income. The responsibility for appropriate record keeping by the SUBRECIPIENT and reporting to the RECIPIENT by the SUBRECIPIENT on the use of such program income is hereby recognized by the SUBRECIPIENT. The RECIPIENT agrees to provide technical assistance to the SUBRECIPIENT in establishing an appropriate and proper record-keeping and reporting system, as required by HUD. F. In the event of close-out or change in status of the SUBRECIPIENT, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to RECIPIENT as soon as practicable after the income is received. The RECIPIENT agrees to notify the SUBRECIPIENT, should closeout or change in status of the SUBRECIPIENT occur. 18. USE OF REAL PROPERTY The following standards shall apply to real property under the control of the SUBRECIPIENT that was acquired or improved, in whole or in part, using NSP funds: A. The SUBRECIPIENT shall inform the RECIPIENT at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. The SUBRECIPIENT will 7 comply with the requirements of 24 CFR 570.505 to provide affected citizens the opportunity to comment on any proposed change and to consult with affected citizens. B. The SUBRECIPIENT shall reimburse the RECIPIENT in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of - non-NSP--funds) of -property acquired or improved with NSP funds that is sold or-, transferred for a use which does not qualify under NSP requirements. Said reimbursement shall be provided to the RECIPIENT at the time of sale or transfer of the property referenced herein. Such reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i) (Reversion of Assets) are met and satisfied. Fair market value shall be established by a current written appraisal by a qualified appraiser. The RECIPIENT will have the option of requiring a second appraisal after review of the initial appraisal. C. Any program income generated from the disposition or transfer of real property prior to or subsequent to the close-out, change of status or termination of the Agreement between the RECIPIENT and the SUBRECIPIENT shall be repaid to the RECIPIENT at the time of disposition or transfer of the property. 19. ADMINISTRATIVE REQUIREMENTS The uniform administrative requirements delineated in 24 CFR 570.502 and any and all administrative requirements or guidelines promulgated by the RECIPIENT shall apply to • all activities undertaken by the SUBRECIPIENT provided for in this Agreement and to any program income generated therefrom. 20. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY A. During the performance of this Agreement, the SUBRECIPIENT agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the Hennepin County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. B. The SUBRECIPIENT will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable State and Federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 21. NON-DISCRIMINATION BASED ON DISABILITY A. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the SUBRECIPIENT receiving assistance from the RECIPIENT under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 8 • B. When and where applicable, the SUBRECIPIENT shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated By Private Entities" and all ensuing Federal regulations implementing said Act. 22. LEAD-BASED PAINT The SUBRECIPIENT shall comply with the Lead-Based Paint notification, inspection, testing and abatement procedures established in 24 CFR Part 35 as referenced in 24 CFR Part 570.608. 23. FAIR HOUSING To assure compliance with requirements of section 104(b) and section 109 of Title I of the .Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and other applicable laws, by signing the certification in Exhibit 3 SUBRECIPIENT certifies that it will affirmatively further fair housing within its jurisdiction. Should HUD make a determination that the SUBRECIPIENT has not affirmatively furthered fair housing or has impeded action by the RECIPIENT to comply with its-fair-housing certification, the RECIPIENT shall exerciselts - authority, as contained in the Joint Cooperation Agreement, to prohibit the SUBRECIPIENT from receiving NSP funding for any activities until the violation has been . remedied. 24. LOBBYING A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement SUBRECIPIENT will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 25. USE OF EXCESSIVE FORCE BY LAW ENFORCEMENT AGENCIES SUBRECIPIENT has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is 9 9 the subject of such non-violent civil rights demonstrations within its jurisdiction. 26. OTHERC;DBG and NSP POLICIES The SUBRECIPIENT shall comply with the applicable section of 24 CFR 570.200, particularly sections (b) (Special Policies Governing Facilities); (c) (Special Assessments); (f) (Means of Carrying Out Eligible Activities); and 0) (Constitutional prohibitions - - - Concerning Church/State Activities) and Title III Division B of the Housing and Economic Recovery Act of 2008 (NSP). 27. TECHNICAL ASSISTANCE The RECIPIENT agrees to provide technical assistance to the SUBRECIPIENT in the form of oral and/or written guidance and on-site assistance regarding NSP procedures and project management. This assistance will be provided as requested by the SUBRECIPIENT and at other times at the initiative of the RECIPIENT when new or updated information concerning the NSP Program is received by the RECIPIENT and deemed necessary to be provided to the SUBRECIPIENT. 28. RECORD-KEEPING - - - - The SUBRE-GIP-lENT shall maintain records of the receipt and expenditure of all NSF' - funds, such records to be maintained in accordance with OMB Circulars A-87 and the "Common Rule" Administrative Requirements in 24 CFR 85 and in accordance with OMB . Circular A-110 and A-122, as applicable. All records shall be made available upon request of the RECIPIENT for inspection/s and audit/s by the RECIPIENT or its representatives. If a financial audit/s determines that the SUBRECIPIENT has improperly expended NSP funds, resulting in the U.S. Department of Housing and Urban Development (HUD) disallowing such expenditures, the RECIPIENT reserves the right to recover from the SUBRECIPIENT such disallowed expenditures from non-NSP sources. Audit procedures are specified below in Section 30 of this Agreement. 29. ACCESS TO RECORDS The RECIPIENT shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the SUBRECIPIENT in implementation of this Agreement, and the SUBRECIPIENT agrees to provide all information required by any person authorized by the RECIPIENT to request such information from the SUBRECIPIENT for the purpose of reviewing the same. 30. AUDIT The SUBRECIPIENT agrees to provide RECIPIENT with an annual audit consistent with the Single Audit Act of 1996, and the implementing requirements of OMB Circular A-133 "Audits of States, Local Governments and Non-Profit Institutions." A. The SUBRECIPIENT agrees to provide RECIPIENT with an annual audit consistent with the requirements as stated in the first paragraph of this section above. The audit shall be completed and submitted to RECIPIENT within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit • period. 10 • B. RECIPIENT will issue a management decision on audit findings within six months after receipt of the audit report and ensure that the RECIPIENT takes appropriate and timely corrective action. C. In those instances where less than $500,000 in assistance is received from all Federal-sources in-any one fiscal year, and a--single audit is not required, the - RECIPIENT requests the following information within the same timeframe as in A., above: (1) annual financial statements, (2) independent auditor's report on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards, and (3) the Management Letter. D. The cost of the audit is not reimbursable from NSP funds. E. The RECIPIENT reserves the right to recover from the SUBRECIPIENT'S non-NSP funds any NSP expenses which are disallowed by an audit. 31. CERTIFICATIONS To conform with changes under Title III of Division B of the Housing and Economic Recovery Act of 2008 an alternative set of certifications to those contained in the current Consolidated Action-Plan; as amended,-is required. The alternative certifications are - tailored to NSP grants and remove certifications and references that are appropriate only to the annual CDBG formula program. By signing Exhibit 3 the SUBRECIPIENT certifies it will utilize NSP funds provided by RECIPIENT in compliance with these requirements identified. 32. WITHHOLDING For State NSP funding awarded to the RECIPIENT and passed-through to the SUBRECIPIENT, the SUBRECIPIENT must comply with Minnesota Statutes, Section 290.9705 by either: A. Depositing with the State, 8 percent of every payment made to non-Minnesota construction contractors, where the contract exceeds $100,000; or B. Receiving a waiver from this requirement from the Minnesota Department of Revenue. 33. SPECIAL ASSESSMENTS NSP funds may not be used to pay any part of special assessments, except as authorized by the Act and ANY subsequent notice from HUD, and approved by the RECIPIENT. 34. WORKERS COMPENSATION For State NSP funding awarded to the RECIPIENT and passed-through to the SUBRECIPIENT, the SUBRECIPIENT certifies that it is in compliance with Minnesota Statute 176.181 Subd.02, pertaining to worker's compensation insurance coverage. The SUBRECIPIENT'S employers and agents will not be considered state employees. Any claims that may arise under the Minnesota Worker's Compensation Act on behalf of 11 • these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 35. GOVERNING LAW. JURISDICTION AND VENUE For State NSP funding awarded to the RECIPIENT and passed-through to the SUBRECIPIENT; Minnesota law, without regard to its choice for law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate State or Federal court with competent jurisdiction in Ramsey County, Minnesota. 36. TENANT' PROTECTIONS SUBRECIPIENT shall ensure that it and its subrecipients comply with tenant protections specified in Division A, Title XII of the American Recovery and Reinvestment Act of 2009 (PL 111-5) under the heading "Community Planning and Development Community Development Fund." 37. OPINION' OF COUNSEL The undersigned, on behalf of_ the..Hennepio -.Counbj,.Attorney,._.having -reviewed _this Agreement, hereby opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the SUBRECIPIENT has full legal authority to undertake or assist in undertaking essential community development and housing assistance activities, • specifically urban renewal and publicly-assisted housing. Assistant County Attorney • 12 • RECIPIENT EXECUTION The Hennepin County Board of Commissioners having duly approved this Agreement on 2009 pursuant to Resolutions 08-0518 and 09-4115, and the proper County officials having signed this Agreement, the RECIPIENT agrees to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN and execution STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: Date: ATTEST: Deputy/Clerk of County Board And: Assistant/Deputy/County Administrator Date: And: Assistant County Administrator Public Works Date: Recommended for Approval: Department Director, Housing, Community Works and Transit Date : • 13 • SUBRECIPIENT EXECUTION S UBRECIPI ENT; having-signed thisAgreement and the SUBRECIPIENTS governing body having authorized such approval and the proper city official having signed this Agreement, SUBRECIPIENT agrees to be bound by the provisions of this Agreement. By entering into this Agreement the SUBRECIPIENT certifies that it is not prohibited from doing business with either the Federal government or the State of Minnesota as a result of debarment or suspension proceedings. CITY OF (Place city seal here) By: Its: And: Its: Attest: Title: Date: CITY MUST CHECK ONE: The City is organized pursuant to: ❑ Plan A ❑ Plan B ❑ Charter • 14 • Exhibit 1 Activitv Name: City of Brooklyn Center Neighborhood Stabilization Program Activitv Administration: °City ofiBrooklvn Center Name/ Organization 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 Address 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 Contact Person Address 763-569-3433 Contact Person Telephone Number Tom Bublitz Contact Person tbublitz@ci.brooklyn-center.mn.us Contact Person E-Mail 763-569-3360 Contact Person Fax Number Activitv Descriotion/ NSP Eligible Uses: . (A) Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties: 1.) Homeownershio Assistance Centrally administered loan pool(s) for downpayment, closing cost, and/or contract for deed assistance (loan pool programs will be administered by County staff or by contracted nonprofit organizations with experience and capacity to deliver such loan programs). All homeownership assistance programs funded with NSP funds will serve households at or below 120 percent AMI. An appraisal and inspection is required within 60 days of closing. The final purchase price must be a minimum of 15% below the current appraised value. Offers submitted before an appraisal is complete will require an addendum. Hennepin County will coordinate appraisals; appraisal costs will be paid from the Project Activity Budget. NSP funds will be structured as zero percent interest loans due and payable if the property is sold, transferred or no longer owner occupied before the end of the loan term. Depending upon the NSP funding level, loans may be payable or forgivable; the loan term will be based on the HOME required periods of affordability as shown in the following table: Homeownershlp asistart-e amount per unit„$=} Under $15,000 $15,000 to $40,000 . Over $40,000 P Loan Term 5 10 15 • Prospective buyers will be required to attend a minimum of one eight-hour pre- acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership training. Eligible homebuyers must obtain a prime, fixed-rate, first mortgage. The homebuyer's principal, interest;-taxes, insurance and (if applicable) homeowner association fees-shall to the greatest extent feasible, not exceed 30 percent of the family's adjusted gross income. NSP funds will primarily serve to reduce the gap between the sales price-based mortgage and 30 percent of the family's income. In cases where a foreclosed home requires minimal rehabilitation, homebuyers may also seek NSP funding through the Purchase Rehabilitation Loan Programs. Homebuyers will be required to provide a minimum of fifty percent (50%) of any lender required downpayment. 2.) Purchase Rehabilitation Loan Proaram Centrally administered loan pool(s) for homebuyer rehabilitation of foreclosed properties (loan pool programs will be administered by County staff or by contracted nonprofit organizations with experience and capacity to deliver such loan programs). All purchase rehabilitation loan programs receiving NSP funds will serve households at • or below 120 percent AMI. Hennepin County will require an appraisal and inspections of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraisal value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. NSP funds will be structured as zero percent interest loans due and payable if the property is sold, transferred or no longer owner-occupied before the end of the loan term. Depending upon the NSP funding level, loans may be payable or forgivable; the loan term will be based on the HOME required periods of affordability as shown in the table below: Homeownership assistance NSP Amount per unit Under $15,000 $15,000 to $40,000 Over $40,000 NSP' Loan Term 5 10 15 Prospective buyers will be required to attend a minimum of one eight hour pre- acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership training. Eligible homebuyers must obtain a prime, a fixed-rate first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees shall to the greatest extent feasible not exceed 30 percent of the family's adjusted gross income. Should a gap exist between the sales price-based mortgage and 30 percent of • the family's income, homebuyers may also seek NSP funding through Homeownership Assistance Programs. • Homebuyers will be required to make a minimum investment of $1,000. 3.) Affordable Housino Acquisition/Rehabilitation Centrally administered gap funding loan pool for public and/or nonprofit acquisition, rehabilitation, and resale of foreclosed vacant single-family homes and/or multi-family property to provide homeownership or rental opportunities serving low income (<50 percent AM[) and/or homeless persons. NSP Affordable Housing Acquisition/Rehabilitation will provide NSP funding to cities, for- profit developers, and nonprofit developers for the provision of affordable housing. The County will seek opportunities to utilize properties acquired through this activity to meet its affordable rental housing goals and goals under its Continuum of Care and Heading Home Hennepin Plan to End Homeless. Eligible properties may be purchased directly by Hennepin County, the Hennepin County Housing and Redevelopment Authority, the city the property is located in, or a nonprofit organization with experience and capacity providing-hausing to low-income households. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. The resale price for homeownership activities will be no greater than the total investment including; acquisition, rehabilitation and associated program delivery costs for homeownership activities. The resale price for rental activities will be based on the market value of the property. To assist in meeting occupant affordability requirements, some or all of the original NSP investment may remain in the property as a deferred loan (rental) or soft-second affordability loan (homeownership). NSP assistance will be provided in the form of a deferred, forgivable loan or grant. The loan term will be based on the HOME required periods of affordability as shown in the table below: Rental and Homeownership assist-an" NSP ISISp :Loan 7 erm ~t . el amount per ,l1~Tlt _ T ` r r"yr, r F _ h' Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 New Construction Rental 20 Prospective buyers will be required to attend a minimum of one eight-hour pre- acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will' also encourage post-acquisition homeownership training. Eligible homebuyers must obtain a prime, fixed-rate first mortgage. The homebuyer's • principal, interest, taxes, insurance and (if applicable) homeowner association fees shall to the greatest extent feasible not exceed 30 percent of the family's adjusted gross • income. Should a gap exist between the sales price-based mortgage and 30 percent of the family's income, homebuyers may also seek funding through NSP Homeownership Assistance Programs. Homebuyers will be required to make a minimum investment of $1,000. (B) Purchase and rehabilitate-homes and residential properties that have-been- _ - abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. 1.) Acquisition/Rehabilitation Revolvina Loan Program City administered loan pool(s) to support private sector foreclosure rehabilitation. Funds will be available on a competitive basis to nonprofit and private organizations or individuals who demonstrate the capacity to acquire and rehabilitate foreclosed and vacant properties. Developers must demonstrate the ability to undertake projects in a timely fashion. Hennepin County will monitor outcomes at six month, nine month, and 12 month intervals. Timely expenditure requirements with a provision for recapture/redistribution will be included in all Developer agreements. To the extent private activity fails to meet projections, Hennepin County and/or local municipalities may undertake direct acquisition/rehabilitation/resale under this activity. All acquisition/rehabilitation revolving loan programs receiving NSP funds will serve households at or below 120 percent AMI. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. Amount of assistance will be determined based on the cost of acquisition/rehabilitation. NSP funds may be used for up to 100 percent of the acquisition/rehabilitation cost. NSP funds will be structured as five (5) year, low-interest or zero percent-interest loans due and payable when the property is sold. The affordability period, as shown in the table below, will be based on the amount of NSP funds, if any, not repaid when the property is sold. NSP assistance perur~f .a„ Under $15,000 $15,000 to $40,000 Over $40,000 The minimum affordability period is five (5) years. 5 10 15 ADDITIONALLY, UPON RESALE, prospective buyers will be required to attend a minimum of one eight-hour pre-acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership • training. • NSP restricts the resale price of any NSP-assisted property to the cost of acquisition, rehabilitation and transaction. Properties that are sold at a maximum NSP resale price, but less than the fair market value, provide direct assistance to the homebuyer equal to the difference between the NSP resale price and the fair market value. This assistance will be structured in the form of a zero percent (0%) deferred loan for at least the term of the--required affordabitity-period-; -or-an equity sharing-agreement for at least the-term-of--.-- the required affordability period, or a resale restriction filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Properties that are sold for fair market value, but less than the cost of acquisition, rehabilitation and transaction, do not cover the cost of the development. In this case, there is no direct assistance to the homebuyer and a resale restriction will be filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Eligible homebuyers must obtain a prime, a fixed-rate first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees shall, to the greatest extent feasible, not exceed 30 percent of the family's adjusted gross income. Should a gap exist between the sales price-based mortgage and 30 percent of the family's; income, homebuyers-may also-seek NSP funding through Homeownership Assistance Programs. The affordability period will be based on the amount of assistance provided as shown in the table below. Homebuyers will be required to make a minimum investment of $1,000. 2.) FHA Rehabilitation City administered loan pool(s) to support for-profit and nonprofit developers for acquisition, rehabilitation and resale of single family foreclosed properties. Rehabilitation work will qualify the properties for FHA financing. Developers must demonstrate the ability to undertake projects in a timely fashion. Hennepin County will monitor outcomes at six month, nine month, and 12 month intervals. Timely expenditure requirements with a provision for recapture/redistribution will be included in all Developer agreements. Developers may access NSP funds to acquire, rehabilitate and resell foreclosed single family properties to FHA qualified buyers. NSP FHA Rehabilitation funding will be repaid by permanent financing and recycled within this activity for more FHA rehabilitation. To the extent private activity fails to meet projections, Hennepin County and/or local municipalities may undertake direct acquisition/rehabilitation/resale under this activity. All acquisition/rehabilitation revolving loan programs receiving NSP funds will serve households at or below 120 percent AMI. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, :Hennepin County will achieve a minimum discount rate of 15 percent for all • NSP properties acquired. Amount of assistance will be determined based on the cost of acquisition/rehabilitation. NSP funds may be used for up to 100% of the acquisition/rehabilitation cost. NSP funds will be structured as five (5) year, low-interest or zero percent-interest loans due and payable when the property is sold. The affordability period, as shown in the table below, will be based on the amount of NSP funds, if any, not repaid when the property is sold. NSP assistance per-unit NSP Affordability Term Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 The minimum affordability period is five (5) years. ADDITIONALLY, UPON RESALE, prospective buyers will be required to attend a minimum of one eight-hour pre-acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership training. NSP restricts the resale price of any NSP-assisted property to the cost of acquisition, rehabilitation and transaction. Properties that are sold at a maximum NSP resale price, but less than the fair market value, provide direct assistance to the homebuyer equal to • the difference between the NSP resale price and the fair market value. This assistance will be structured in the form of a zero percent (0%) deferred loan for at least the term of the required affordability period, or an equity sharing agreement for at least the term of the required affordability period, or a resale restriction filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Properties that are sold for fair market value, but less than the cost of acquisition, rehabilitation and transaction, do not cover the cost of the development. In this case, there is no direct assistance to the homebuyer and a resale restriction will be filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Eligible homebuyers must obtain a FHA fixed-rate first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees shall to the greatest extent feasible not exceed 30 percent of the family's adjusted gross income. Should a gap exist between the sales price-based mortgage and 30 percent of the family's income, homebuyers may also seek NSP funding through Homeownership Assistance Programs. The affordability period will be based on the amount of assistance provided as shown in the table below. Homebuyers will be required to make a minimum investment of $1,000. (C) Establish land banks for homes that have been foreclosed upon (D) Demolish blighted structures (E) Redevelop demolished or vacant properties 1.) Acauisition. Demolition. Redevelooment or Land Bankina Public acquisition and demolition of foreclosed vacant single-family homes that meet the local definition of a blighted structure. The final blight determination will be made by the Building Official for the municipality the property is located in. Demolition and land banking activities will be limited to Hennepin County, the Hennepin County Housing and Redeveiopment Authori#y or a-municipality, and title to any such properties will be held. by one of these entities. Subrecipients must demonstrate the ability to undertake projects in a timely fashion. Hennepin County will monitor outcomes at six month, nine month and 12 month intervals. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, Hennepin County will achieve a minimum discount of 15 percent for all NSP properties acquired. The resale price, if required, will be no greater than the total investment, including acquisition, rehabilitation and associated program delivery costs. A restrictive covenant will be filed on the land to ensure that future property uses will comply with NSP eligible activities. Following demolition, the property will be offered for sale to a nonprofit or for-profit for redevelopment and construction of new housing units as soon as feasible. Redevelopment options include, but are not limitedto: resale to Twin Cities Habitat for Humanity (TCHFH) for new construction homeownership opportunities; or resale to a nonprofit for special needs rental housing. • If redevelopment within a reasonable time period is not feasible, the land will be held (land banked) by the acquiring agency or its designee. Redevelopment may include the sale of the property at current fair market value, or below current fair market value based on the degree of benefit to households below 120 percent AMI. New financing documents and/or a new covenant will be filed at the close of the financing on the redevelopment activity. At a minimum, the loan term will be based on the HOME required periods of affordability as shown in the table below: Rental and Homeownership assistance. NSP 1' r b ~i NSP Laan Term her .Y amount per-unit i, . Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 New Construction Rental 20 The rate and term of these loans are not known at this time and would be based on the future activity (rental, homeownership, public facility) and what other funding sources are used for the activity. Activity Location: As identified in the attached map (Exhibit 1 B), the neighborhood targeted for NSP funds in Brooklyn Center is the City's Southeast Neighborhood. The Southeast Neighborhood in Brooklyn Center is the oldest of the city's six neighborhoods. The neighborhood is • situated directly north of Minneapolis along the west bank of the Mississippi River. The boundaries of the Southeast Neighborhood are: 53rd Avenue North (the border with Minneapolis) on the south, Hwy 100 on the west, 1-94/1-694 on the north and the Mississippi River on the east. NSP targeted to Households earnina 50% or less of Area Median Income: The City will pursue two options- 1) acquisition and removal of distressed multi- family buildings and coordinating the redevelopment of a phased senior housing project that would provide for a variety of independent and assisted care senior housing opportunities, including units for households at or below 50% of area median income, or 2) acquire, demolish and redevelop five (5) single family properties for new housing for households at or below 50% of area median income. Activitv Budget: Attached as Exhibit 1A. • 0 0 • • Exhibit I Activitv Name: City of Brooklyn Center Neighborhood Stabilization Program Activity Administration: City of Brooklyn Center Name/ Organization 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 Address 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 Contact Person Address 763-569-3433 Contact Person Telephone Number Tom Bublitz Contact Person tbublitz@ci.brooklyn-center.mn.us Contact Person E-Mail 763-569-3360 Contact Person Fax Number Activitv Description/ NSP Ellaible Uses: (A) Establish financing mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties: 1.) Homeownership Assistance Centrally administered loan pool(s) for downpayment, closing cost, and/or contract for deed assistance (loan pool programs will be administered by County staff or by contracted nonprofit organizations with experience and capacity to deliver such loan programs). All homeownership assistance programs funded with NSP funds will serve households at or below 120 percent AMI. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraisal value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. NSP funds will be structured as zero percent interest loans due and payable if the property is sold, transferred or no longer owner occupied before the end of the loan term. Depending upon the NSP funding level, loans may be payable or forgivable; the loan term will be based on the HOME required periods of affordability as shown in the following table: Homeownership assistance:NSPNSP. Loan Term amount per-unit Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 • Prospective buyers will be required to attend a minimum of one eight-hour pre- acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership training. Eligible homebuyers must obtain a prime, fixed-rate, first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees-shall, to the greatest extent feasible, not exceed 30 percent of the family's adjusted gross income. NSP funds will primarily serve to reduce the gap between the sales price-based mortgage and 30 percent of the family's income. In cases where a foreclosed home requires minimal rehabilitation, homebuyers may also seek NSP funding through the Purchase Rehabilitation Loan Programs. Homebuyers will be required to provide a minimum of fifty percent (50%) of any lender required downpayment. 2.) Purchase Rehabilitation Loan Proaram Centrally administered loan pool(s) for homebuyer rehabilitation of foreclosed properties (loan pool programs will be administered by County staff or by contracted nonprofit organizations with experience and capacity to deliver such loan programs). a-- w All purchase rehabilitation loan programs receiving NSP funds will serve households at • or below 120 percent AMI. Hennepin County will require. an appraisal and inspections of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraisal value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. NSP funds will be structured as zero percent interest loans due and payable if the property is sold, transferred or no longer owner-occupied before the end of the loan term. Depending upon the NSP funding level, loans may be payable or forgivable; the loan term will be based on the HOME required periods of affordability as shown in the table below: Homeownership assistance NSF~~~'i ` amount per-unit NSP. Loan Term Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 Prospective buyers will be required to attend a minimum of one eight hour pre acquisition !HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership training. Eligible homebuyers must obtain a prime, a fixed-rate first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees shall to the greatest extent feasible not exceed 30 percent of the family's adjusted gross income. Should a gap exist between the sales price-based mortgage and 30 percent of 0 • the family's income, homebuyers may also seek NSP funding through Homeownership Assistance Programs. Homebuyers will be required to make a minimum investment of $1,000. 3.) Affordable Housina Acquisition/Rehabilitation Centrally administered gap funding loan pool for public and/or nonprofit acquisition, rehabilitation, and resale of foreclosed vacant single-family homes and/or multi-family property to provide homeownership or rental opportunities serving low income (<50 percent AMI) and/or homeless persons. NSP Affordable Housing Acquisition/Rehabilitation will provide NSP funding to cities, for- profit developers, and nonprofit developers for the provision of affordable housing. The County will seek opportunities to utilize properties acquired through this activity to meet its affordable rental housing goals and goals under its Continuum of Care and Heading Home Hennepin Plan to End Homeless. Eligible properties may be purchased directly by Hennepin County, the Hennepin County Housing and Redevelopment Authority, the city the property is located in, or a nonprofit organization with experience and-capacity providing -housing to +ow-income households: 4- Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. al investment The resale price for homeownership activities will be no greater than the tot including; acquisition, rehabilitation and associated program delivery costs for homeownership activities. The resale price for rental activities will be based on the market value of the property. To assist in meeting occupant affordability requirements, some or all of the original NSP investment may remain in the property as a deferred loan NSP assistance will be (rental) or soft-.second affordability loan (homeownership). provided in the form of a deferred, forgivable loan or grant. The loan term will be based on the HOME required periods of affordability as shown in the table below: Rental and Homeownership assistance NSP NSPLoan Term amount per=unit Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 New Construction Rental 20 Prospective buyers will be required to attend a minimum of one eight-hour pre- acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership training. Eligible homebuyers must obtain a prime, fixed-rate first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees shall to the greatest extent feasible not exceed 30 percent of the family's adjusted gross • income. Should a gap exist between the sales price-based mortgage and 30 percent of the family's income, homebuyers may also seek funding through NSP Homeownership Assistance Programs. Homebuyers will be required to make a minimum investment of $1,000. (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. 1.) Acauisition/Rehabilitation Revolvina Loan Proaram City administered loan pool(s) to support private sector foreclosure rehabilitation. Funds will be available on a competitive basis to nonprofit and private organizations or individuals who demonstrate the capacity to acquire and rehabilitate foreclosed and vacant properties. Developers must demonstrate the ability to undertake projects in a timely fashion. Hennepin County will monitor outcomes at six month, nine month, and 12 month intervals. Timely expenditure requirements with a provision for recapture/redistribution will be included in all Developer agreements. To the extent private activity fails to meet projections, Hennepin County and/or local munici Palities°maYundertake direct-acquisition/rehabilitaton/resale under-this activity, All acquisition/rehabilitation revolving loan programs receiving NSP funds will serve • households at or below 120 percent AMI. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. Amount of assistance will be determined based on the cost of acquisition/rehabilitation. NSP funds may be used for up to 100 percent of the acquisition/rehabilitation cost. NSP funds will be structured as five (5) year, low-interest or zero percent-interest loans due and payable when the property is sold. The affordability period, as shown in the table below, will be based on the amount of NSP funds, if any, not repaid when the property is sold. NSP assistance per-unit; f NSP Affordability Term Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 The minimum affordability period is five (5) years. ADDITIONALLY, UPON RESALE, prospective buyers will be required to attend a minimum of one eight-hour pre-acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership . training. NSP restricts the resale price of any NSP-assisted property to the cost of acquisition, rehabilitation and transaction. Properties that are sold at a maximum NSP resale price, but less than the fair market value, provide direct assistance to the homebuyer equal to the difference between the NSP resale price and the fair market value. This assistance will be structured in the form of a zero percent (0%) deferred loan for at least the term of ..,zs the_required.affordability period, or.an..equity sba ring-agreemer t for at least the term- of, the required affordability period, or a resale restriction filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Properties that are sold for fair market value, but less than the cost of acquisition, rehabilitation and transaction, do not cover the cost of the development. In this case, there is no direct assistance to the homebuyer and a resale restriction will be filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Eligible homebuyers must obtain a prime, a fixed-rate first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees shall, to the greatest extent feasible, not exceed 30 percent of the family's adjusted gross income. Should a gap exist between the sales price-based mortgage and 30 percent of -----the family's incofne,-hombryers-may-also seek NSP-funding through Homeownership- Assistance Programs. The affordability period will be based on the amount of assistance provided as shown in the table below. Homebuyers will be required to make a minimum investment of $1,000. 2.) FHA Rehabilitation City administered loan pool(s) to support for-profit and nonprofit developers for acquisition, rehabilitation and resale of single family foreclosed properties. Rehabilitation work will qualify the properties for FHA financing. Developers must demonstrate the ability to undertake projects in a timely fashion. Hennepin County will monitor outcomes at six month, nine month, and 12 month intervals. Timely expenditure requirements with a provision for recapture/redistribution will be included in all Developer agreements. Developers may access NSP funds to acquire, rehabilitate and resell foreclosed single family properties to FHA qualified buyers. NSP FHA Rehabilitation funding will be repaid by permanent financing and recycled within this activity for more FHA rehabilitation. To the extent private activity fails to meet projections, Hennepin County and/or local municipalities may undertake direct acquisition/rehabilitation/resale under this activity. All acquisition/rehabilitation revolving loan programs receiving NSP funds will serve households at or below 120 percent AMI. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, Hennepin County will achieve a minimum discount rate of 15 percent for all NSP properties acquired. Amount of assistance will be determined based on the cost of acquisition/rehabilitation. NSP funds may be used for up to 100% of the acquisition/rehabilitation cost. NSP funds will be structured as five (5) year, low-interest or zero percent-interest loans due and payable when the property is sold. The affordability period, as shown in the table below, will be based on the amount of NSP funds, if any, not repaid when the property is sold. sistance per-unit NSP Affordability Term NSP as Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 The minimum affordability period is five (5) years. ADDITIONALLY, UPON RESALE, prospective buyers will be required to attend a minimum of one eight-hour pre-acquisition HUD-certified homebuyer counseling session; where available, Hennepin County will also encourage post-acquisition homeownership training. NSP restricts the resale price of any NSP-assisted property to the cost of acquisition, rehabilitation and transaction. f roperties that are sold a a maximum NSP resale price; but less than the fair market value, provide direct assistance to the homebuyer equal to the difference between the NSP resale price and the fair market value. This assistance will be structured in the form of a zero percent (0%) deferred loan for at least the term of the required affordability period, or an equity sharing agreement for at least the term of the required affordability period, or a resale restriction filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Properties that are sold for fair market value, but less than the cost of acquisition, rehabilitation and transaction, do not cover the cost of the development. In this case, there is no direct assistance to the homebuyer and a resale restriction will be filed on the property requiring that the property be resold to another eligible buyer for at least the term of the required affordability period. Eligible homebuyers must obtain a FHA fixed-rate first mortgage. The homebuyer's principal, interest, taxes, insurance and (if applicable) homeowner association fees shall to the greatest extent feasible not exceed 30 percent of the family's adjusted gross income. Should a gap exist between the sales price-based mortgage and 30 percent of the family's Income, homebuyers may also seek NSP funding through Homeownership Assistance Programs. The affordability period will be based on the amount of assistance provided as shown in the table below. Homebuyers will be required to make a minimum investment of $1,000. (C) Establish land banks for homes that have been foreclosed upon (D) Demolish blighted structures (E) Redevelop demolished or vacant properties 1.) Acauisition. Demolition. Redevelopment or Land Bankinq Public acquisition and demolition of foreclosed vacant single-family homes that meet the local definition of a blighted structure. The final blight determination will be made by the Building Official for the municipality the property is located in. Demolition and land banking activities will be limited to Hennepin County, the Hennepin County Housing and Redevelopment Authority or -a-municipality, and title.to_any suciToperties will be held by one of these entities. Subrecipients must demonstrate the ability to undertake projects in a!timely fashion. Hennepin County will monitor outcomes at six month, nine month and 12 month intervals. Hennepin County will require an appraisal and inspection of each property considered for acquisition; based on this information, any submitted offers will be at least 5 percent below the current appraised value. In aggregate, Hennepin County will achieve a minimum discount of 15 percent for all NSP properties acquired. The resale price, if required, will be no greater than the total investment, including acquisition, rehabilitation and associated program delivery costs. A restrictive covenant will be filed on the land to ensure that future property uses will comply with NSP eligible activities. Following demolition, the property will be offered for sale to a nonprofit or for-profit for redevelopment and construction of new housing units as soon as feasible. Redevelopment options include, but are not limited-to resale to Twin Cities Habi#at-#or Humanity (TCHFH) for new construction homeownership opportunities; or resale to a nonprofit for special needs rental housing. • If redevelopment within a reasonable time period is not feasible, the land will be held (land banked) by the acquiring agency or its designee. Redevelopment may include the sale of the property at current fair market value, or below current fair market value based on the degree of benefit to households below 120 percent AMI. New financing documents and/or a new covenant will be filed at the close of the financing on the redevelopment activity. At a minimum, the loan term will be based on the HOME required periods of affordability as shown in the table below: Rental and Homeownership assistan , a>.. NSp r~ amount er-unit... Under $15,000 $15,000 to $40,000 Over $40,000 New Construction Rental The rate and term of these loans are not known at this time and would be based on the future activity (rental, homeownership, public facility) and what other funding sources are used for the activity. Activitv Location: As identified in the attached map (Exhibit 1B)„ the neighborhood targeted for NSP funds in Brooklyn Center is the City's Southeast Neighborhood. The Southeast Neighborhood in Brooklyn Center is the oldest of the city's six neighborhoods. The neighborhood is • situated directly north of Minneapolis. along the west bank of the Mississippi River. The boundaries of the Southeast Neighborhood are: 53rd Avenue North (the border with Minneapolis) on the south, Hwy 100 on the west, 1-94/1-694 on the north and the Mississippi River on the east. NSP taraeted to Households earnina 50% or less of Area Median Income: The City will pursue two options- 1) acquisition and removal of distressed multi- family buildings and coordinating the redevelopment of a phased senior housing project that would provide for a variety of independent and assisted care senior housing opportunities, including units for households at or below 50% of area median income, or 2) acquire, demolish and redevelop five (5) single family properties for new housing for households' at or below 50% of area median income. Activitv Budget: Attached as Exhibit 1A. • • - _ N CENTER program CI'T'E of BROQ Stabilization Hennepin County Neighb Total # of Total Funds Units -A 7-MI-I Units and ►Aousaholds Served P home and residential proP"~r~ Hup DIRECT NS Foreclosed echanisms 0, A,Finsnan9 m buyer dfWe Down a ment assisOyer d * an oseo or aaan one Rehab assistance' even ore or evaloper Interim F►nanGn a cqursr on l ope6es g and residentia p, Grant omes only Contract f°r Deed hand Foreclosed - C C.l and o artras D O• pernolitwn - RedevE~ent ~ tesiden.„ des E E tiai Vacant properties, not li 5 and~ grope nt ands ode eb-total $15,000 ' eed Prop ~ies total ti► h N G n S'w PRpisms: Foteo►os ho cin9 met` buy ve A A• Frnan lssistanca " ome' Down payrnent, buyer driven ora an rxbseo Rehab assistance' veioper onven Finanrnnkv- Vrty or de tnterim ~Fiiaa rove c4u sraon re ert1es g and residentia► pr - - Grant for Dead ad Homes onl Contra Fols ct t,and bank►rr~,- roperfres C C. htad p D D. Den?oCrtwn - gt,~. to res da tial properites E F- - Redavelonmet not 1►med roes, es and res Vacant f0 foreclosed horn Vacant and total) _ . vinh Head County (sub- ~t NSp Acu... less than atin 7s Income # of Total home" ownership units, $136,~~ 11 $227 273 I g5 0°I $0 ~otiv~n! #pIV, 14 0 #DNIO~ #GfJ #pIV10! #DIV 101 #ON 101 Priority Neighbor. hood Stabilization Program Areas 0 Brooklyn Center Legend "'W4 =Zip Code a f*mdosum_ AN_8EPM satecfilon BC FoieclosuEeSM? - HC Roads., M No* NeVbahood$ Hennepin County Housing Community Woft and Transit /2312009 • City Council Agenda Item No. 10e • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 25 THROUGH JUNE 28, 2009 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents, the City, community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City-issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 25 through June 28, 2009. • May I I , 2009 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. 0 • City Council Agenda Item No. lOf • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police DATE: May 6, 2009 SUBJECT: Safe & Sober Grant Resolution Recommendation: It is recommended that the City Council approve the attached resolution to continue the application process for the Safe & Sober Communities Grant. Background: The police departments of Brooklyn Center and Brooklyn Park are applying to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled Safe and Sober Communities. The grant period runs from October 1, 2009, through September 30, 2010. If awarded, the grant monies would be dedicated to pay officers' overtime for traffic safety initiatives. Budget Issues: None involved. Attachments: Resolution draft. 0 • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE SAFE & SOBER COMMUNITIES GRANT WHEREAS, be it resolved that the Brooklyn Center Police Department will enter into a cooperative grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2009, through September 30, 2010; and WHEREAS, the Hennepin County Sheriffs Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Brooklyn Center Police Department; and WHEREAS, the Brooklyn Park Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Brooklyn Center Police Department; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Police Department is authorized to execute the Safe & is Sober Communities Grant. Mav 11.2009 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. 0 0 City Council Agenda Item No. lOg • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, `assistant City Manager/Director of Building & Community Standards DATE: May 11, 2009 SUBJECT: 2010 Census Partner Proclamation Recommendation: It is recommended that the City Council consider approval/adoption of the resolution proclaiming the City of Brooklyn Center a 2010 Census Partner. Background: The 2010 Census is a just a year away. Achieving an accurate and complete count of city residents is important to the City of Brooklyn Center in order to receive its share of more than $300 billion federal and state dollars that are distributed annually based on Census counts. - According to the State Demographer, Minnesota loses an estimated $10,000 per missed person in the 2010 Census, equating to $1 million in lost funding over the next decade for 100 uncounted . people. Further, the State of Minnesota has a potential of losing seats in the U.S. House of Representatives as well as have a redistricting of state legislatures. Census information is also used by private business, government, non-profit groups and researchers. The 2010 Census will affect Brooklyn Center for ten years and beyond. The Census 2000 self-response mail return rate for Brooklyn Center was 78% compared to the Minnesota rate of 75%. For nonresponsive households, Census workers have to personally count households, increasing the chance of error. The U.S. Census Bureau considers Brooklyn Center a high priority area for maintaining or improving response rates, especially because of the transition of residents the past ten years and demographics. In 2008, the City participated in the Local Update of Census Addresses (LUCA) program, updating the Census file of residential addresses and submitting corrections. Approximately 120 address locations were added, with 40 of those related to new construction and redevelopment activities. The 2010 Census is designed to be simple and safe. The "short form" will be used. It consists of ten questions and will take ten minutes to complete. Questions will pertain to age, gender, Hispanic origin, race, relationship, tenure and administrative questions (how many, telephone number, etc.). The longer form will not be used since the detailed information is now collected annually through the American Community Survey. • The City of Brooklyn Center would be a partner for the 2010 Census by forming a Complete Count Committee. The Complete Count Committee would meet a couple of times to review strategies for encouraging participation of all Brooklyn Center residents. Because staff resources are limited, existing networks would be used for disseminating information and encouraging participation in the Census. Marketing materials are available through the Census Bureau. Some limited funds are available upon approval of the Census Bureau to promote the 2010 Census. The goal would be to maximize the self-response mail return rate. Budget Issues: None • Member moved its adoption: 0 RESOLUTION NO. introduced the following resolution and RESOLUTION PROCLAIMING BROOKLYN CENTER A 2010 - CENSUS PARTNER WHEREAS, an accurate census count is vital to our community and residents' well-being by helping planners determine where to locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; and WHEREAS, more than $300 billion per year in federal and state funding is allocated to states and communities based on census data; and WHEREAS, census data ensure fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; and WHEREAS, the 2010 Census creates jobs that stimulate economic growth and increase employment opportunities in our community; and WHEREAS, the information collected by the census is protected by law _and remains confidential for 72 years; and NOW, THEREFORE, BE IT RESOLVED we proclaim that the City of Brooklyn Center is committed to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010. As a 2010 Census partner, we will: 1. Support the goals and ideals for the 2010 Census and will disseminate 2010 Census Information to encourage those in our community to participate. 2. Encourage people in the City of Brooklyn Center to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness of the 2010 Census and ensure a full and accurate census. 3. Create or seek opportunities to collaborate with other like-minded groups in our community, such as Complete Count Committees, to utilize trusted voices to advocate on behalf of the 2010 Census. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this resolution shall be effective May 11, 2009. Mav 11. 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. lOh • COUNCIL AGENDA ITEM MEMORANDUM • TO: Curt BoganeY, City Manager J4~ FROM: Vickie Schleuning, Assistant City Manager/Director of Building & Community Standards 9 DACE: May 1t5-2009-- SUBJECT: Resolution Amending Special Assessment Levy No. 17348 and 17349 to Rescind Certain Assessments for Weed Removal and Nuisance Abatements Recommendation: Attached for consideration is a City Council Resolution amending Special Assessment Levy No. 17348 and 17349 to rescind the special assessment of delinquent weed removal cost and nuisance abatements for properties that were previously levied for special assessment for certification to the Hennepin County tax roll. The special assessments are forwarded to Hennepin County at the end of the year in November. Staff is recommending the City Council rescind certain special assessments. _ Background: On April 13, 20109 the City Council levied special assessment for Delinquent Weed Removal and Nuisance Abatement, which will be certified to the Hennepin County Tax roll. The following properties are recommended to be removed from the special assessment levy as follows: • The property paid the weed removal costs the day of the public hearing. 6107 France Ave N $183.78 34-119-21-34-0035 • Nuisance abatements were conducted after the cutoff date for the spring special assessment levy, which did not allow enough time for the payment process. 5433 Dupont Ave N $532.00 01-118-21-33-0077 5420 Emerson Ave N $530.00 01-118-21-33-0085 7001 Drew Ave N $532.00 27-119-21-43-0020 Budget Issues: If outstanding nuisance abatement costs are not paid, they will be scheduled for the fall certification to the tax roll. 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY NO. 17348 AND 17349 TO RESCIND CERTAIN ASSESSMENTS FOR WEED REMOVAL AND NUISANCE ABATEMENTS WHEREAS, Special Assessments for NuisanceAbatement Costs were certified by-the City Council on April 13, 2009; and WHEREAS, a payment was received in Finance on April 13, 2009 for 6107 France Avenue North prior to the Amended Special Assessment Certified Roll being approved by the City Council and should be removed from Levy No. 17348; and WHEREAS, three property owners were still within the allowable payment period and should be removed from the Levy No. 17349 and if unpaid should be placed on the levy rolls in the Fall of 2009. Center that: 1. • 2. • ATTEST: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn The following special assessments are hereby removed from Levy No. 17348. Address Amount PID 6107 France Ave $183.78 34-119-21-34-0035 The following special assessments are hereby removed from Levy No. 17349. Address Amount 5433 Dupont Ave N $532.00 5420 Emerson Ave N $530.00 7001 Drew Ave N $532.00 Date PID 01-118-21-33-0077 01-118-21-33-0085 27-119-21-43-0020 City Clerk Tim Willson, Mayor 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • May 11, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Update on Comprehensive Plan 2. Continuation of Strategic Goals Review PENDING LIST FOR FUTURE WORK SESSIONS 1. Center Pointe Apartments Update - City Manager 2. TIF Districts Update - City Manager a. Brookdale Mall 3. 2011 Brooklyn Center Celebration - Status Report 4. Legislative Update 0 • Fork Session Agenda Item No. I • 0 • MEMORANDUM DATE: May 5, 2009 - CITY COUNCIL WORK SESSION TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development 44-1 SUBJECT: Update on the Comprehensive Plan Review Process and submittal to the Metropolitan Council for their review and comment. COUNCIL ACTION REQUESTED: On May 26, 200;9, the City Council will be requested to authorize the submittal of the draft comprehensive', plan to the Metropolitan Council for their review and comment. There is no action required at this time. BACKGROUND: On November 25, 2008, the draft comprehensive plan was submitted to adjoining Cities, • Hennepin County, School Districts, Watershed Districts, and other Governmental Agencies and Districts for their review and comment. The City requested that comments be received on or before May 1, 2009. Additionally, the draft plan was placed on the City's Web Site as part of the review and comment process. The Planning Commission, Housing Commission, and Park & Recreation Commission have discussed the draft comprehensive plan update at several meetings during this planning process. On January 29, 2009 and March 26, 2009 joint meetings were held by the Planning Commission and Housing Commission to coordinate their review and comments. The Planning Commission conducted two public hearings on the comprehensive plan update on February 26, 2009 and on April 30, 2009. The review process provides for a recommendation by the Planning Commission at their May 14th meeting with City Council authorization to submit the draft plan to the Metropolitan Council scheduled tentatively scheduled for May 26th. The City Council will consider the adoption of the Comprehensive Plan this summer upon receipt of the Metropolitan Council's review and comments. 0 • Work Session Agenda Item No. 2 0 0 . MEMORANDUM - COUNCIL WORK SESSION DATE: May 7, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manager 1 . SUBJECT: 2009 Strategic Plan Desired Outcome Statements COUNCIL ACTION REQUIRED Staff is seeking council consensus regarding revised Strategic Plan Desired Outcome Statements BACKGROUND The Staff and City Council met on Saturday February 28`l' in a team building and planning retreat. During the retreat there were several exercises completed. One exercise was the development of a draft set of Strategic Goal Outcome (Key Result Area) Statements.- I have enclosed a copy of the budgeting for outcomes process that we reviewed at the last • meeting and an excerpt of the minutes from the meeting. Monday we will continue with review of the Strategic Goal Outcome Statements. I would recommend that we devote approximately 30-45 minutes to this discussion. COUNCIL POLICY ISSUES Do the draft policies enclosed, accurately reflect Council policy direction? 042709.2009strategiiepl an. wrk. mem. doc 0 2009 Strategic Goals GOAL l Ensure a safe and secure community Goal Desired Outcomes he_threat:ahd fear of crime among citizens -and others will be reduced 2. The threat and fear of property or life loss from fire, among citizens and property owners will be reduced 3. The threat and fear among citizens and others of life loss or personal injury due to accidents, roman-made or natural disaster will be minimized . hethreat ©t~ _ damp e, per-O al - ~ry L property 1 or life loss along our travel ways will be minimized 5 Citizens will feel and be safe in all public areas 2009 Strategic Goals GOAL 2 Aggressively proceed with implementation of the City's redevelopment plans Goal Desired Outcomes iv ate redeve.0p'ff0htW4I-be--e_xpanded -and improved 2. Redevelopment of the "Opportunity Site" will commence 3. Redevelopment of all EDA owned properties will proceed expeditiously 4. Citizens will benefit from the identification and marketing of potential redevelopment sites in the 5. Citizens will benefit from the optimal redevelopment of the Brookdaie Mall area for the community 6. Citizens and visitors to Brooklyn Center will benefit from the enhanced value and aesthetic appeal of right of way and common areas of the City 2009 Strategic Goals Goai!3 Stabilize and Improve Residential - Neighborhoods Goal Desired Outcomes 1. Citize:ns=wilf-benefit from. iff uy le housing _ opportunities and a diverse stock of housing types and styles 2. The housing stock will be well maintained, healthy, safer and attractive 3. Owners and occupants of housing in residential neighborhoods will comply with City codes and regulations which will be adequate to assure a safe well' maintained -and-arid-We co- rhmdbit: 4.Owner occupied housing will increase as a percentage of total housing 5. The problems associated with foreclosed residential properties will be dramatically reduced or eliminated 6. There will be attractive and desired amenities within all neighborhoods 7. Citizens will identify with and have pride in their neighborhood 8. Residential property values will improve W 41~- 2009 Strategic Goals GOAL 4 Positively address the community's demographic makeup and increasing - cult ra1:~d iv€-rsit Goal Desired Outcomes 1. All demographic groups will be represented and participate in civic, governmental, community organizations and activities 2. Youth will be adequately served by recreation and education programs and activities 3. Unclerser 'po lations-w-ll"be-' served: :by and participate in programs/activities available to the community at large 4. The social, health and housing needs of the aging population will be met 5. The social, health care and housing concerns of low and moderate Income persons will be met 2009 Strategic Goals GOAL S. Continue to maintain and upgrade City Infrastructure Goal Desired Outcomes i. Citizens will benefit from the annual update and implementation of the City Capital Improvement Plan (CIP) 2. Citizens will benefit from an ongoing or accelerated neighborhood reconstruction program as outlined in the CIP 3. Travelers and citizens will benefit from - Improvements o-. regional roaalways- completed in a.- timely manner 4. Citizens will benefit from a reduced tax burden for infrastructure projects due to the use of alternative funding sources for these projects 5. Citizens will benefit from the expedited completion of needed infrastructure projects 6. The traveling public will benefit from multi-modal transportation options fostered and provided by the city 7. Citizens will benefit from the expansion and improvement of needed technology infrastructure as viable options become available 1 2009 Strategic Goals GOAL 6 Respond to increased public awareness and interest in environmental sustainability and green community issues - Goal Desired-00tc6mos 1. Citizen and City government recycling will improve 2. Citizen and the City government energy conservation will improve 3. Citizens and the City government will use alte# nat;ve energy -sources when viable 4. The purchasing power of the City will support the goals of an environmentally sustainable environment 5Appreciation of the environment will be enhanced and expanded 6 Harmful emissions into the air, water and soil j will be reduced 7 Development and redevelopment in the City will be sensitive to the environment impact Strategic Planning Process Outline 1. City Mission jointly developed - - a. City Council Approved 2. Values Statement Jointly Developed a. City Council Approved 3. Strategic Goals a. Established and approved by City Council b. Prioritized by City Council Desi.red-Ot.-tcom.es a. Established and approved by City Council b. Prioritized by City Council 5. Desired Outcome Success Indicators a. Staff developed/prepared b. Council reviewed/revised c. Council approved 6 Department and Program Mission a. Staff developed b. City Manager approved 7. Program Strategies/Tactics/Performance Measures a. Staff developed b. City Manager approved 8. 'Budget Proposals a. Staff developed b. City Manager recommended c. Financial Commission Reviewed d. City Council Approved 4 Perfornaance Reports a. Reviewed by staff-ongoing b. Reviewed by City Manager-monthly 10. Desired Outcome Reports 11. Reviewed by City Council-quarterly j strategic ptanning',process outiine.dom 2009 Ongoing Goals AS AMENDED APRIL 13TH 2009 GOAL 1 To continue to provide quality cost effective services with limited resources Goad Desired Outcome 1. The quality of service delivered by the City will consistently meet or exceed customer expectations 2. We will meet or exceed appropriate benchmark measurements of efficiency and effectiveness I Service, delivery processes will be improved on an going basis 4. We will provide effective service for a multi-lingual population 5. The Citu will improve the cost effectiveness of service delivery on an ongoing basis .r.a. Coordinated. utilization of staff resources GOAL 2 To';ensure the City's financial stability0 Goal Desired Outcome 1. The City's funds will be secured and protected against loss 2. The City administration will provide meaningful short, intermediate and long term fiscal planning 3. The City will take appropriate actions to buffer essential government services against the effects of significant economic downturns 4. The City will position itself for economic growth 0 2009 Ongoing Goals As AMENDED APRIL 13.. 2009 GOAL 3 To move towards maintaining or lowering, the level of the City's Ptoperty taxes Goal Desired Outcome 1. Except in extraordinary circumstances the property tax levy will not increase faster than the rate of inflation 2. The City will expand the proportion of the industrial and commercial tax base to relieve the residential property tax burden 3. The inf ation adjusted property taxes paid by the median family household will be stabilized or reduced over time • GOAL 4 To 'ensure the city's influence at the legislature by maintaining a positive partnership with.5tate and Federal Legislators 1. State and Federal legislators will be informed regarding City needs that may be affected by legislation 2. We will maintain positive ongoing relationships with State and Federal legislators 3. City will receive direct suoport for city needs from State, County and Federal legislators 0 2009 Ongoing Goals is As AMENDED APRIL 13' 2009 GOAL 5 To.improve the Citv's image with citizens and others outside of the City's borders Goal Desired Outcome 1. Citizens and others throughout the State will recognize Brooklyn Center as a safe, quality, attractive community in which to live, work, and play - U 13. Z0G9 d :.i--90 ig gL 1S"t~C: lm cries. ocx • The majority consensus of the City Council was that the EDA had negotiated in good faith and • the link was an 'important element of that discussion. It was noted that the development agreement requires building the link and if not, the City can withhold the tax abatement and collect full taxes, which could be used to build the link. The Council expressed concern with a change in the project at this point. Mr. Boganey stated staff will report back on the developer's response to the counter proposal in the next few weeks. / STRATEGIC GOALS / DESIRED OUTCOMES - CITY MANAGER Mr. Boganey provided an overview and answered questions of the Council on the 2009 Strategic Goals. Following discussion, the majority consensus of the City Council was for the following Goal Outcomes: Goal 1: "Ensure a safe and secure community." 1. The threat and fear of real or perceived crime among citizens and others will be reduced. a. Part I crime ranking will be reduced compared to other cities. 2. Citizens will feel and be safe in all areas of the City and in their homes. 'ively proceed with implementation of the Citv's redevelopment plans." Goal 2: Aggress 1. Privately funded redevelopment will be expanded and improved. 2. The City tax base will be expanded and improved. . a. Citizens will benefit from the optimal redevelopment of Brookdale Mall. b. Redevelopment of the "Opportunity Site" will commence. c. Redevelopment of all EDA owned property will proceed expeditiously. Goal 3: "Stabilize and Improve Residential Neighborhoods." 1. Citizens will benefit from a diverse stock of housing types and styles. a. Promote adaptation of existing homes. 2. Owners and occupants of housing in residential neighborhoods will comply with City codes and regulations, which will be adequate to assure a safe well maintained and attractive community. 3. Owner occupied housing will increase as a percentage of total housing. 4. The problems associated with foreclosed residential properties will be dramatically reduced or eliminated. 5. Residential property values will improve and citizens will have pride in their neighborhood. s Due to the late hour, the majority consensus of the City Council was to postpone consideration of the remaining goals and outcomes to the next Council Work Session. ADJOURNMENT is 04/27/09 -3- DRAFT