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2009 06-22 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION June 22, 2009 6:00 P.M. City Council Chambers 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. 1. .City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center June 22, 2009 1. Informal Open Forum with City Council 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 4. Roll Call 5. Pledge of Allegiance AGENDA 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a 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. June 8, 2009 Study Session 2. June 8, 2009 Regular Session 3. June 8, 2009 Work Session b. Licenses c. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees d. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2008 -13, Contract 2008 -G, Reforestation of 2007 Street Improvement Project Area IIII 7. Presentations Proclamations /Recognitions/Donations a. Northwest Hennepin Human Services Council Susan Blood Requested Council Action: —None. CITY COUNCIL AGENDA b. CenterPoint Energy Grant Faith Pederson Resolution Expressing Appreciation for the Donation of CenterPoint Energy Community Partnership for a $2,500 Grant to Purchase Emergency Response and Safety Equipment Requested Council Action: Motion to remove from the table. Motion to adopt resolution. S. Public Hearings None -2- June 22, 2009 9. Planning Commission Items a. Planning Commission Application No. 2009 -003 Submitted by Holiday Station Store. Request for a Special Use Permit and Site and Building Plan Approval to Redevelop a New Convenience Store /Gasoline Station at the Southeast Corner of County Road 10 and Xerxes Avenue North. The Planning Commission recommended approval of this application at its June 11, 2009, meeting. Requested Council Action: Motion to approve Planning Commission Application No. 2009 -003 subject to the Planning Commission recommendations. 10. Council Consideration Items a. Resolution Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North Requested Council Action: Motion to adopt resolution. 11. Council Report 11 11 12. Adjournment b. Resolution Authorizing the Replacement of the City Telephone and Voice Mail System by Joining the LOGIS IP Telephony Service and Acquiring Hardware and Software Off the State of Minnesota Contract at a Cost Not to Exceed the Budgeted Amount of $223,200 Requested Council Action: Motion to adopt resolution. c. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2009 -05, 15, and 16, Contract 2009 -B, Shingle Creek Parkway and 69 Avenue Street Improvements, Central Park Trails (West) Improvements and 2009 Miscellaneous Trail Improvements Requested Council Action: Motion to adopt resolution. City C ou ncil ?SL genda item No. 6a 06/08/09 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. Councilmember Roche arrived at 6:07 p.m. STUDY SESSION JUNE 8, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche (arrived at 6:07 p.m.), 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, Planning and Zoning Specialist Ron Warren, Assistant to the City Manager/Director of Building Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested discussion on agenda item 9a, specifically in relation to whether it would be appropriate to recommend that the property owner conduct an environmental safety design review offered through the Police Department. City Manager Curt Boganey advised that the City Council can recommend this; however, he would seek legal advice on whether the City Council can condition approval of the application on this requirement. Councilmember Ryan inquired about architectural standards for the exterior remodel. Mr. Boganey replied that standards for materials are included in the Building Code. The standards deal with durability and performance. Mr. Boganey noted the staff report on agenda item 10b should be corrected to state that 24 banner poles were included on the installed decorative street lights as part of the Xerxes streetscape project. MISCELLANEOUS Councilmember Lasman stated a member of the Charter Commission has inquired about the status on implementing administrative fines for code violations. The Commission member asked if a full report will be available when the Commission meets in the fall. Mr. Boganey indicated that a report should be available no later than August. He noted an administrative fine update is scheduled as a July /August work session agenda item. -1- DRAFT Councilmember Lasman informed Council and staff that she was contacted by a gentleman expressing his interest in purchasing the property located at 5601 Logan Avenue North; he believes the house is salvageable. She suggested he come to open forum to address the City Council. Director of Business and Development Gary Eitel provided Council with general information on the condition of the 5601 Logan Avenue North property. Mr. Boganey informed Council that based on the initial assessment of the property the plumbing, electrical, and mechanical systems need to be replaced. It is estimated that in excess of $100,000 would be needed to put the house in a quality condition for the neighborhood. The house can likely be rehabilitated, but the question is whether someone that acquires the property will make the necessary investment in the property and whether it would be cost beneficial for them to do so. Staff's concern would be if someone were to acquire the property and put in the minimal amount of work resulting in a house that looks as it does today, rather than a totally renovated property. A fundamental question is if the City Council opts to go in a different direction than the demolition of this property, the City may be legally bound to do it on an open basis rather than on an individualized basis. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS BROOKLYN BLVD TREE DEPLETION REPORT CITY MANAGER Public Works Director /City Engineer Steve Lillehaug reviewed that at the March 23, 2009 City Council meeting, Councilmember Roche inquired about the replacement of several trees along Brooklyn Boulevard north of 69 Avenue in the proximity of Culvers. Mr. Lillehaug informed Council that staff evaluated the area's trees to determine which trees were missing and needed to be replaced. It was discovered that a significant amount of trees no longer exist in the area. An inventory has been conducted of trees planted in 2000 as part of the County and City streetscape project along Brooklyn Boulevard. It has been determined that approximately 25% of the 270 trees that were planted are missing due to several factors including mortality, damage due to vehicles and snow plows. Some trees may never have been planted due to sight line issues, other conflicts, and other unknown factors. Mr. Lillehaug reviewed the following options for consideration by the Council: 1) irrigation system; 2) replacement of missing trees; 3) replacement of existing trees in poor health; 4) other uncontrollable elements. There was discussion on the above options. It was noted that while there is support of reforestation, there are current budget constraints and a reforestation project should not impact the General Fund. It was suggested that staff research possible funding sources from other levels of government. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 06/08/09 -2- DRAFT 06/08/09 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 JUNE 8, 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 6:45 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, Planning and Zoning Specialist Ron Warren, Assistant to the City Manager/Director of Building Community Standards Vicki Schleuning, Police Chief Scott Bechtold, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Scott William Holthus, 1821 55 Avenue North, addressed the City Council and stated he is present tonight to speak about the property located at 5601 Logan Avenue North. Mr. Holthus informed the Council about his father's previous employment with the City of Brooklyn Center. He stated his roots are deep in Brooklyn Center and provided information about his family's ties to the property and the neighborhood. Mr. Holthus stated he has taken note of all the flaws of this property. He expressed concern that there will be a large vacant lot in this location if the City tears the house down, and stated there are a couple of extraordinary people that would like to purchase this home. He presented the Council with a contract for deed proposal to purchase the property. He stated he will work with anyone to make this happen. He has restored three houses and is used to this work. Ms. Carol Klevin, 5845 Zenith Avenue North, addressed the City Council and stated her concern regarding the City taking down her garage sale signs. She expressed her position that she was providing a good service to new homeowners with her sale. She provided information on garage sale signs that were not removed while her signs were taken down and returned to her. Ms. Klevin stated the cities of Maple Grove, Osseo, Edina, Richfield and Fridley informed her they only pick up signs if someone calls in with a protest. In these cities signs can be placed on the boulevard but cannot block the sight of drivers, and the only requirement is to ask the homeowners permission. She expressed concern that the sign code is not being equally enforced. She stated she contacted the Police Department about real estate signs and was told there are no laws about these signs. These signs are up for weeks and months, while the longest garage sale signs can be up is three days. Ms. Klevin requested assurance that after she goes through the time and effort required for the preparation of her Memorial Day garage sale next year that her signs will not be taken down, and that she can put the signs on the boulevard in locations that do not block sight lines. -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:02 p.m. Motion passed unanimously. 2. INVOCATION Mike Meyer, Brooklyn Center Lions Club, 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 7:04 p.m. 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, Planning and Zoning Specialist Ron Warren, Assistant to the City Manager/Director of Building Community Standards Vicki Schleuning, Police Chief Scott Bechtold, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 6a. APPROVAL OF MINUTES 1. May 26, 2009 Study Session 2. May 26, 2009 Regular Session 3. May 26, 2009 Work Session 4. June 1, 2009 Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL Hanzen Heating, Inc. Hertz Mechanical Inc. High Road Heating and Cooling McChesney Heating and Air Conditioning Northern Plumbing 16218 Eveleth St NE, Ham Lake 19561 Vernon St, Elk River 6650 Winfield Circle N, Rockford 8201 175 Avenue SE, Becker 7401 Central Avenue, Fridley 06/08/09 -2- DRAFT 06/08/09 RENTAL INITIAL 4106 62 Ave N 4824 71 Ave N 6117 Beard Ave N 7142 France Ave N 5306 Irving Ave N 5443 Irving Ave N 6400 Quail Ave N 4318 Winchester Ln 6662 Xerxes PIN RENEWAL 5415 69 Ave N Maranatha Place 3701 47 Ave N Ryan Creek Manor 1107 57 Ave N 1100 69 Ave N 3612 55 Ave N 6777 Humboldt Ave N 2812 O'Henry Rd Motion passed unanimously. Motion passed unanimously. 8. PUBLIC HEARING -None. Scott Egan Danny Angell Cynthia Grant Deepak Nath Jason Cramer Doug Wahl Pavel Sakurets Deepak Nath Matthew Barnes Center Park Senior Apts Drew Kabanuk Bob Robson Evangelical Lutheran Church of the Master Lutheran Social Service of MN Andrey Ryvlin Mains'l Properties 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. CENTERPOINT ENERGY GRANT FAITH PEDERSON RESOLUTION EXPRESSING APPRECATION FOR THE DONATION OF CENTERPOINT ENERGY COMMUNITY PARTNERSHIP FOR A $2,500 GRANT TO PURCHASE EMERGENCY RESPONSE AND SAFETY EQUIPMENT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. CenterPoint Energy had requested the opportunity to present the City with this grant; however there is not a representative present tonight. It is at the Council's discretion whether they would like to adopt the proposed resolution or table the item to allow for CenterPoint Energy to make the presentation. Councilmember Lasman moved and Councilmember Ryan seconded to table a RESOLUTION Expressing Appreciation for the Donation of CenterPoint Energy Community Partnership for a $2,500 Grant to Purchase Emergency Response and Safety Equipment, in order to allow the opportunity for the donor to be present. -3- DRAFT 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2009 -002 SUBMITTED BY BKV GROUP. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A NEW COMMUNITY BUILDING /CLUBHOUSE AND THE RENOVATION/ REDEVELOPMENT OF THE EWING SQUARE TOWNHOUSES LOCATED AT 6130 THROUGH 6242 FRANCE AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 28, 2009 MEETING. Mr. Warren provided an overview of Planning Commission Application No. 2009 -002 and advised the Planning Commission recommended approval of the application at its May 28, 2009 meeting. Mr. Warren answered questions of the City Council regarding the site and building plan for a new community building/clubhouse and the renovation/redevelopment of the Ewing Square Townhouses located at 6130 through 5242 France Avenue North. It was noted that the renovation will be completed on a building -by- building basis. Councilmember Roche suggested the landscape plan be amended in the northeast corner next to Brooklyn Boulevard to include more sustainable trees for this area, such as black hill spruce and/or Colorado blue spruce. Mr. Gary Vogal of BKV Architects, representing the applicant, indicated he will inform the landscape architect about the suggestion for the trees. He provided information on the exterior materials to be included in the renovation. Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2009 -002 subject to the following conditions of the Planning Commission: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. All outside trash disposal facilities and roof top or on- ground mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 6. B -612 curb and gutter shall be provided around all parking and driving areas as approved by the City Engineer. 7. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 8. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current Standard Specifications and Details. 10. All site lighting shall be consistent with Section 35 -712 of the City Ordinances. 06/08/09 -4- DRAFT Councilmember Yelich suggested the applicant take advantage of the environmental safety design review the Police Department provides for local businesses. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item and provided background information on the renewal of a rental license for 5301 Dupont Avenue North. Police Chief Scott Bechtold provided an overview of the Calls for Service Report for 5301 Dupont Avenue North. He advised on staff's recommendation to deny the rental license for 5301 Dupont Avenue North. There was discussion on the pricing difference relative to regular and provisional licenses. Mr. Boganey indicated that a provisional carries a higher fee than a regular license and must be renewed every 6 months as opposed to every 2 years. Councilmember Lasman moved and Councilmember Yelich seconded to open the hearing. Motion passed unanimously. Mr. Spencer Ung, 5301 Dupont Avenue North, addressed the City Council and stated he and his brother are landlords of the subject property. They purchased the property 4 '/2 years ago. They are there every week to check on the property and are aware of what is going on inside and outside of the property. They have made a significant improvement on the property by paving the strip of alley that has been gravel since the building was built, and they have moved the trash towards the street away from the neighbors as requested. He stated the incident in February is the worst they have seen in the four years of their ownership. The problems are due to one tenant. The original tenant was her boyfriend and he moved out; she stayed there and that is when the problems started. Mr. Ung stated his position that the tenant could not be removed sooner due to the slow eviction and court process, and that the second and third violations occurred while waiting for the court process. He stated they are responsible landlords and have worked proactively with Crime Prevention Specialist Becky Boie in trying to take care of this. They are requesting a regular license, not a provisional license. Mr. Ung stated they attended the neighborhood community meeting on March 11, 2009 and they have talked with residents at the complex to look out for suspicious activities. They have been more careful in screening applicants and they have added a resident caretaker on the property. All the sliding windows on the lower level of the building now have anti sliding devices for security measures. He completed the Minnesota Crime Free Housing Program training on May 2 and is committed to attending any future neighborhood community meetings concerning the properties. Mr. Ung stated they are taking proactive steps; the provisional license should not be applied to them because the problems were caused by one single tenant that has been evicted. He expressed concern that the .65 calls per unit is not fair to a small apartment building such as this in comparison to a 100 -unit apartment building. In addition, the property location is across from Minneapolis on a comer lot next to a bus stop. They have had break -ins in the parking lot and have had illegal dumping of furniture on the property they have had to take care of. When they purchased this apartment 4 '/2 years ago they did not look at the financials. They have not made a dime off this property; they have had to put 06/08/09 -5- DRAFT in $14,000 to $18,000 per year to cover additional expenses on the property. They have responded in taking care of the situation the best they can and believe they should not be subject to this provisional license. They are responsible landlords and are trying to resolve this issue. In response to questions of the City Council, Mr. Ung stated a background check was not completed on the problem tenant, that she signed the lease with her boyfriend and signed a new lease when he moved out. The lease included a crime free addendum. He informed the Council his concern about having a provisional license is with bothering his tenants with random checks by the City, the paperwork involved, and taking time off work to meet with the City. City Attorney Charlie LeFevere answered questions of the City Council regarding the rental license ordinance. He advised that the property either qualifies or does not qualify for a regular license. It is not a violation of the ordinance that results in a mitigation plan; rather it is a state of circumstances under which one qualifies under one or another type of license. The question is whether there have been a sufficient number of properly accountable calls for service so that the property no longer qualifies for a regular license. He explained under the ordinance, each property carries a one -year trail of history so that whether the property can qualify again in six months will depend on how many violations occurred in the prior one -year period. In this case there have been enough violations so that the property likely cannot qualify for a regular license in one year; there will need to be at least two provisional license cycles. Mr. LeFevere advised that the Police Department acknowledges that the landlord has acted responsibly to the problem. A property not qualifying for a regular license is not a violation. There will be bad property managers who still qualify for a regular license and good property owners that do not. Depending on the property and the nature of the facility, a property owner could have a provisional license indefinitely, which is satisfactory as long as they keep up with an approved mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Mr. Boganey advised that the applicant has appealed the determination by the City Manager that the subject property does not qualify for a regular license. The two options for the City Council are to approve the renewal rental license or not renew the regular rental license. He recommended the Council direct that findings of fact and a resolution be prepared for either option. Councilmember Roche moved and Councilmember Lasman seconded to uphold the determination of the City Manager that the property at 5301 Dupont Avenue North is not eligible for a regular rental license, with a follow up of findings of fact to be presented to Council. Councilmember Yelich complimented Mr. Ung for responding to the problems he encountered and stated he is an example of the kind of responsible management the City wants to encourage. He stated his position that the error in judgment of not screening the new tenant is the finding of fact that persuades him to support this motion. He encouraged Mr. Ung to seek out the provisional license and continue his operation in a responsible manner. Councilmember Ryan concurred. Motion passed unanimously. 10b. RESOLUTION NO. 2009 -75 AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR STREET LIGHT BANNERS 06/08/09 -6- DRAFT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-76 Amending the City Council Code of Policies; Adding Policy for Street Light Banners. Motion passed unanimously. 10c. AN ORDINANCE AMENDING SECTION 1 -265 OF THE CITY CODE OF ORDINANCES RELATING TO REGISTRATION OF DANGEROUS DOGS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Yelich moved and Councilmember Ryan seconded to approve the first reading of an Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs, and setting second reading and Public Hearing for July 13, 2009. Motion passed unanimously. 10d. RESOLUTION NO. 2009 -76 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2008 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Director of Fiscal Support Services Dan Jordet provided highlights on the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2008. He reported on the Unqualified or "Clean" Opinion and stated this is due in large part to the oversight and preparations of Assistant Finance Director Clara Hilger. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009 -76 Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2008. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the June 3, 2009 Eleanor Lane Neighborhood Safety Meeting. Compliments to Police Commander Benner and Crime Prevention Specialist Boie for their work and a thank you to resident Chris Lawrence Anderson for her coordination of the meeting. Councilmember Lasman reported on her attendance at the following events: May 28, 2009 Garden City Neighborhood Meeting. Residents are encouraged to attend these meetings that will be held in the four quadrants of the City. Dates for upcoming meetings are posted on the City website and in the City newsletter. 06/08/09 -7- DRAFT June 1, 2009 joint work session with the Financial Commission and Auditor. The City received a clean auditors report and retained its Moody's Al bond rating. June 3, 2009 Eleanor Lane Neighborhood Safety Meeting. A reminder to parents that slingshots, bb guns and fireworks are not to be used in the City by young people. School is out; a reminder to be careful to watch for young people out playing. Councilmember Roche commented on the recent bad circumstances with a five year old in the City and thanked the Fire and Police Departments for looking out for young children. He reported on the Earle Brown Days meeting tomorrow, June 9 Earle Brown Days is scheduled for June 25 28 The parade will be on Dupont Avenue from 59 69 and there will be events Friday, Saturday and Sunday. He reported on his attendance at the following events: May 28 2009 Garden City Neighborhood Meeting. Compliments to Director of Business and Development Gary Eitel for his response to questions on economic development in the City. June 1, 2009 joint work session with the Financial Commission and Auditor Walking tour of the Earle Brown Heritage Center this weekend with the Cub Scouts Councilmember Ryan reported on his attendance at the following events and the upcoming events: May 28, 2009 Garden City Neighborhood Meeting, the first of four neighborhood area meetings. The focus of the meeting was public safety. The next neighborhood meeting is scheduled for Thursday, July 23 at Grandview Park. June 1, 2009 joint work session with the Financial Commission on the auditor's report. The City received an "Unqualified Opinion" that detailed the City is in good financial condition and performing to best practices and standards of financial reporting. There was also a favorable mention of the City's low debt level and Al bond rating. June 3, 2009 Eleanor Lane Neighborhood Meeting. Compliments to Chris Lawrence- Anderson for getting the neighbors involved in being very aware of public safety issues. There was discussion that fireworks, slingshots and bb guns are not allowed in the City. June 9, 2009 Brooklyn Center High School Alumni Dinner June 11, 2009 reception for the grand opening of the new Embassy Suites June 12, 2009 he will do his annual ride -along with the Brooklyn Center Police Department. Mayor Willson recited a letter received from a citizen commending employee Tom Leonhardt for his guidance of the street project in their area, his people skills and know -how, and his excellent representation of the City of Brooklyn Center. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City Council meeting at 8:37 p.m. Motion passed unanimously. 06/08/09 -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 JUNE 8 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 8:47 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 to the City Manager/Director of Building Community Standards Vicki Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Discussion continued on the Brooklyn Blvd Tree Depletion Report in the following areas: Importance of ensuring that trees planted in the City are maintained and sustainable in the long term Budget constraints Request to include trees in landscape plans of businesses locating on Brooklyn Blvd Possible partnership with the County; possible funding sources from other levels of government Stabilizing the current trees Wise implementation design in the future The majority consensus of the City Council was that the trees along Brooklyn Boulevard should not be allowed to continue to deteriorate over time. Staff is to present Council with a vision plan for a reforestation project along Brooklyn Boulevard for consideration. The plan is to include costs and a potential funding mechanism. Funding should not impact the General Fund. City Manager Curt Boganey stated Council will be provided with a phasing plan for re- implementation of the trees. The first phase of the plan could be part of Council's 2010 budget deliberations. There was discussion on the anticipated impact of the Emerald Ash Borer on trees within the City. Public Works Director /City Engineer Lillehaug stated at this time there is not an inventory of ash trees in the City. He would expect this to impact Brooklyn Center sooner, rather than later. The first step would be to report diseased trees to the Department of Agriculture. Mr. Boganey indicated that staff will report to Council on diseased trees as they are identified. 06/08/09 BROOKLYN BLVD TREE DEPLETION REPORT -1- DRAFT CODE ENFORCEMENT UPDATE Assistant to the City Manager/Director of Building Community Standards Vickie Schleuning provided an overview of the status of neighborhood preservation initiatives. Mr. Boganey explained that a different approach is being used with neighborhood code enforcement sweeps. Previously staff devoted a certain amount of resources in getting through the entire City without as much focus put into ensuring that the issues were resolved before moving to the next neighborhood. The schedule is now designed to devote enough time to each neighborhood so that the issues are resolved prior to moving on to the next neighborhood. There was discussion on the expectation to analyze and establish systems supportive of funding mechanisms. Mr. Boganey explained that staff must document and verify that the work being done is properly being charged to the foreclosure levy or the CDBG levy. There was discussion on the funding source for open staffing positions. Mr. Boganey explained that currently a significant amount of revenue is being generated through the foreclosure levy; however staff is not certain how long they will be able to use this levy because it is tied to the number of vacant foreclosed homes. The hope is that revenue generated from the vacant property registration and the implementation of administrative fines will provide funding for these positions in the future. Councilmember Yelich inquired about summer interns working in code enforcement. Ms. Schleuning provided information on the job description and duties and the training/guidance provided to the interns. Staff was commended for the code enforcement efforts in the City. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:58 p.m. Motion passed unanimously. 06/08/09 -2- DRAFT City Council Agenda Item No. 6b TO: COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk Ol DATE: June 16, 2009 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its June 22, 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. AMUSEMENT DEVICES Metro Coin of Minnesota Theisen Vending Compnay Family Dollar Theisen Vending Company Family Dollar GARBAGE HAULER Allied Waste Services Aspen Waste Systems Darling International Sanimax T L Sanitation Service Walters Recycling and Refuse Walz Brothers Sanitation MECHANICAL Air Tech Heating and A/C American Appliance Anderson Heating and A/C Dependable Indoor Air Genz -Ryan Plumbing and Htg. Heating Cooling Design Liberty Comfort Systems Modern Heating and A/C Sabre Plumbing and Heating 14940 -B 28 Avenue N, Plymouth 2105 57 Avenue N 6211 Brooklyn Blvd P.O. Box 39, Circle Pines 2951 Weeks Avenue SE, Minneapolis 9000 382 Avenue, Blue Earth 505 Hardman Avenue, South St. Paul P.O. Box 49695, Blaine P.O. Box 67, Circle Pines P.O. Box 627, Maple Grove 24456 Old Mill Road, Merrifield 10519 Nassau Street NE, Blaine 4347 Central Avenue NE, Columbia Heights 2619 Coon Rapids Blvd, Coon Rapids 2200 W Highway 13, Burnsville 10830 Able Street NE, Blaine 627 East River Road, Anoka 2318 First Street NE, Minneapolis 3062 Ranchview Lane, Plymouth Page 2 Licenses for Council Approval June 22, 2009 RENTAL See attached report. SIGN HANGER Collins Electrical Systems 4990 North Highway 169, New Hope Rental Licenses for Council Approval on June 22, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid Property AddressOwnerCalls for Service Typeor InitialUtilitiesTaxes 6207 Colfax Ave NSingle FamilyInitialLong YangNone per 12-911 OrdinanceOKOK 6114 Dupont Ave NSingle FamilyInitialDoug WahlNone per 12-911 OrdinanceOKOK 7131 Halifax Ave NSingle FamilyInitialWillie OverstreetNone per 12-911 OrdinanceOKOK 6901 Quail Ave NSingle FamilyInitialShuang LinNone per 12-911 OrdinanceOKOK Earle Brown Farm Apts4 Bldgs1 Assault, 3 Burglary, 11 Disturbing Peace (.13 RenewalEarle Brown Farm AptsOKOK 1701 69th Ave N120 Unitscalls for service per unit per 12-913 Ordinance 5001 Ewing Ave N1 Bldg 4 UnitsRenewal Bartholomew DabrowskiNone per 12-911 OrdinanceOKOK 3000 62nd Ave NSingle FamilyRenewalDan SoffaNone per 12-911 OrdinanceOKOK 5118 66th Ave NSingle FamilyRenewalScott HansonNone per 12-911 OrdinanceOKOK 1336 68th Ln NSingle FamilyRenewalSoye ChalteNone per 12-911 OrdinanceOKOK 1300 72nd Ave NSingle FamilyRenewalMarinela & Scott SelsethNone per 12-911 OrdinanceOKOK 501 Bellvue LnSingle FamilyRenewalDragon Property MgmtNone per 12-911 OrdinanceOKOK 5439 Colfax Ave NSingle FamilyRenewalRoger Kadlec1 Disturbing Peace per 12-911 OrdinanceOKOK 5825 Colfax Ave NSingle FamilyRenewalBeulah HillNone per 12-911 OrdinanceOKOK 6824 Fremont Pl NSingle FamilyRenewalDavid OiumNone per 12-911 OrdinanceOKOK 5421 Lyndale Ave NSingle FamilyRenewalDragon Property MgmtNone per 12-911 OrdinanceOKOK Cif' C Agenda Item 6c TO: FROM: DATE: SUBJECT: Recommendation: Background: Budget Issues: June 22, 2009 COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager 'I Vickie Schleuning, ssistant City Manager/Director of Building Community Standards Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the city tree inspector, in accordance with approval procedures. The City of Brooklyn Center has maintained a policy of removing diseased trees and enforcing proper disposal in order to prevent tree diseases from spreading in the community. The City's share of the cost of removal for diseased trees within the public right -of -way and City property is included in the 2009 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Center that: Property Owner Timothy McLaughlin Roxanne Shkaberin Countrywide Home Loans Gary Sibben M. Donald Blom Dennis Jasicki Househelpers Inc James Burton Gerald Weedman Anna Domah Daniel Yerks Sandra Mejia Abrego ATTEST: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. June 22, 2009 Date Property Address 3129 49 Ave N 5701 James Ave N 5327 Colfax Ave N 7025 Girard Ave N 6301 Brooklyn Boulevard 2718 63'" Ave N 6943 Drew Ave N 6400 Girard Ave N 6401 Girard Ave N 6224 Dupont Ave N 2618 64 Ave N 6418 Brooklyn Dr Tree No. 2. After (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. Mayor 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. 5 and 6 7 1 2 9 10 12 13 18 14 15 16 City Council Agenda Item No. 6d TO: FROM: DATE: SUBJECT: Reforestation of 2007 Street Improvement Project COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager Steve Lillehaug, Director of Public Works 0 June 15, 2009 Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2008 -13, Contract 2008 -G, Reforestation of 2007 Street Improvement Project Areas Recommendation: Public Works staff recommends that the Brooklyn Center City Council accept the work performed and authorize final payment for Improvement Project No. 2008 -13, Reforestation of 2007 Street Improvement Project Areas. Background: On May 25, 2008, the City Council awarded Contract 2008 -G to Fair's Garden Center for planting of new trees to replace trees removed from the boulevards of properties during construction of the 2007 Area Neighborhood Street and Utility Improvement project. The City's reforestation program allows property owners to replace one tree for every mature tree lost. Fair's Garden Center has completed the tree installation work and is now requesting final payment for the project. Budget Issues: The original contract amount for the reforestation work was $20,155.00. There are no proposed change orders for the project. The total final contract payment amount is $20,155.00. Funding for reforestation is budgeted from the Street Reconstruction Fund. 411 its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2008-13, CONTRACT 2008 G, REFORESTATION OF 2007 STREET IMPROVEMENT PROJECT AREAS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Fair's Garden Center has completed the following improvement in accordance with Contract 2008 -G, Improvement Project No. 2008 -13, Reforestation of 2007 Street Improvement Project Areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: ATTEST: 1. Final payment shall be made on Improvement Project No. 2008 -13, Contract 2008 -G, Reforestation of 2007 Street Improvement Project Areas, taking the contractor's receipt in full. The total estimated amount to be paid for said improvements under said contract shall be $20,155.00. 2. Funding for Improvement Project No. 2008 -13 shall be derived from the Street Reconstruction Fund. June 22. 2009 Date Mayor 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. 7a 4 SI NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL RESEARCH Foreclosures Report updates for Suburban Hennepin Asian, African, Latino, and foreign -born population data summaries Document unmet needs by collecting data of people turned away and /or referred at food shelves Community Profile Collect and disseminate secondary data MN Data Center Affiliate to provide local public access to Census Bureau reports /data NEW NW Guide to Human Services, searchable website, used by Police Diversity Calendar with local events Research, Planning, and Coordination of Human Services Research, Planning, and Coordination of Human Services 2008 NWHHSC Contributions to the City Of Brooklyn Center MISSION: Research, Planning, and Coordination of Human Services Networks for the Northwest Hennepin member cities in the Joint Powers Agreement: Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Golden Valley, Hanover, Maple Grove, New Hope, Osseo, and Rogers. NWHHSC creates connections between government, non profit, education, faith and business sectors and residents, as well as across systems and cultures, to: Develop local research data and give the big picture regionally Connect people to resources to focus on prevention and early intervention Improve delivery of and access to services regionally Increase community engagement and outreach to improve appropriate referrals Build community and organizational capacity to maximize resources Help develop cost- effective solutions to avoid duplication of services Pilot new ways to deliver culturally affirming community -based services Provide inter agency professional development on key issues and trends Engage in cross sector dialogue and joint planning to develop collaborative strategies Increase regional knowledge of services through searchable website at www.nwhhsc.ora NWHHSC Total Funding for 2008: $1,612,981 2008 Funding NWHHSC received from Hennepin County Contracts: $605,158 2008 Funding NWHHSC received from State Contracts: $490,316 2008 Funding NWHHSC received from Federal Contracts: $325,668 2008 Funding NWHHSC received from Member Municipalities: $108,058 2008 Funding NWHHSC received from Grants and Contributions: $83,781 NWHHSC received funding from Brooklyn Center: $12,182 2008 Emergency Services used by Brooklyn Center residents: $16,254 114 people rec'd gas cards TOTAL Assistance Brooklyn Center received through all programs was $174,135 $14.29 for every $1 PLANNING COORDINATION Citizen Advisory Commission helped revise new Guide to Human Services and plan and beta tested new website Senior Leadership Committee Emergency Services Network Emergency Resource Folders for residents affected by foreclosure Early Childhood /Parent Education with new immigrants Community resource brochures in multiple languages New Neighbors Network Northwest Healthy Communities Partnership New Neighbors Network with West Africans HealthyTogether Northwest diverse community visioning Capacity- building tools for nonprofit organizations Youth leadership opportunities Liberian Community Dialogues Emergency Services Program Domestic Violence Prevention Network Car Care Saturday Regional Senior Forum Senior Services Network Success by Six® Northwest Working Toward Success resources for area businesses Tobacco -Free Youth Nonprofit Capacity Building trainings for youth- serving organizations NW Faith Collaborative Network 4 Youth Northwest SE Asians Living Chemically Free Joint Community Police Partnership and Multicultural Advisory Committee Widowed Persons Services NW newsletter Regional Resource Development for NW Hennepin County regional services hub site on Brooklyn Boulevard, and area satellites 411, NORTHWEST HENNEPIN Hu N SERVICES COUNCI Research, 'Planning, and Coordination of Human Services Research, Planning and Coordination NWHHSC M Brooklyn Center membersh Brookl Total of $174,135 in emergent community program For every $1 Brooklyn Center contribute Chemical Health Diverse Populations Emergency Services Nonprofit Capacity Building NW Faith Collaborative Research Seniors Success By 6 Northwest Tobacco -Free Youth Brooklyn Center 2008 U) c 0 .O 0 "C o �C y N '5 m U O 0 c 0 L O co c6 CD m N C to (B a) 0 3 .Q cZ c m= 0 as O O O O C O O Q cc .c O c a O U= m a� t/) g o c i E °m CC aoc �o 0 ca co Q: =wc .CoO -o U N o rL CO 0 m m ;a 0 a- co c C- N IS w 0 0 c c c o C Z 0 c 41.1 U c6 c 'a m 0 IL F0- O d c a s c j cci w tom 5 U m c CP O c c z -aw m e t0 c� d E rn aci Ca 0 =0 u) m o R av o C c c ca i o o-'� co C� RI a .c a CO W U y mm c o CO E ti= RI 0 y m O a) y N O :'i i m E-2 7 y W RI) 0 0 0 o 0) 8 L. 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NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research, Planning, and Coordination of Human Services Brooklyn Center Community Profile 2008 The information in this report is the most recent data available and comes from a variety of sources, including the U.S. Census 2000, the Minnesota Department of Employment and Economic Development, Hennepin County's Human Services and Public Health Department and the Metropolitan Council. A complete list of sources is included at the end of the publication. *Brooklyn Park 72,724 2 1 Plymouth I 71,147 *Maple Grove I 59,458 1 6 7 8 9 10 11 12 13 14 15 *Champlin *Crystal *New Hope *Golden Valley Robbinsdale *Rogers *Corcoran Dayton Hassan *Osseo *Hanover 23,990 22,138 20,824 20,362 13,551 6,971 5,791 4,966 2,692 2,479 (Henn. Co.) 586 *Member city of Northwest Hennepin Human Services Council Source: Metropolitan Council Table of Contents Population 2 Natality 3 Children and Youth 4 Seniors 6 Race, Ethnicity and Language 7 Poverty and Economic Assistance 8 Employment 10 Housing 11 Sources 13 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 29,500 2 9,000 28,500 os c 28,000 0 27,500 27,000 Source: Metropolitan Council 31,000 os m 30,500 0 LL c 30,000 w 29,500 o. o. 29,000 Source: Metropolitan Council 11,500 na00 11,300 2200 2'00 2000 10,900 Source: Metropolitan Council Brooklyn Center Population Estimates 2000 -2007 2000 2001 2002 2003 2004 2005 2006 2007 Year Brooklyn Center Population Forecasts 2010 -2030 2010 2020 Year Brooklyn Center Household Estimates 2000 -2007 2030 2000 2001 2002 2003 2004 2005 2006 2007 Year I NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Rowan* Planning. and Goadlnalmr of Human Smacn Brooklyn Center 2008 Profile The most recent estimated population of Brooklyn Center (2007) was 27,907, a 4% decrease since 2005. Brooklyn Center is the fourth largest city in the northwest Hennepin region. The population in Brooklyn Center is projected to increase to 29,500 by 2010, or about 6% since 2000. The population is projected to hit a peak of 30,500 by 2020 and then to decrease back to 29,500 by 2030. There were an estimated 11,207 households in Brooklyn Center in 2007, a 2% decrease since 2000. 2 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 600 500 400 300 200 100 0 Total Births in Brooklyn Center 2000 -2005 2000 2001 2002 2003 2004 2005 Year Source: Hennepin County Human Services and Public Health Department 80 70 60 50 40 30 20 10 0 Teenage Births in Brooklyn Center 2000 -2005 2000 2001 2002 2003 2004 2005 Year Source: Hennepin County Human Services and Public Health Department Jois NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL i Roam* Aannt g. and Co... Coord.orion of Human 5erwee Brooklyn Center 2008 Profile There was a total of 553 births in Brooklyn Center in 2005, an increase of 31 since 2000. There was an average of 492 births per year in Brooklyn Center between 2000 and 2005. In Brooklyn Center, 67 teenagers gave birth in 2005, representing 12% of the total births in the city. This marked a 31% increase in births to teenage mothers since 2000. An average of 58 teenagers per year gave birth in Brooklyn Center between 2000 and 2005. 3 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Percentage of Children and Youth in Brooklyn Center in 2000 Children and Youth 26% Source: US Census Bureau, 2000 Census Rest of the Population 74% Licensed Childcare Provided in Brooklyn Center in January 2008 5 Childcare Centers 56 Family Childcare Homes 3 Pre school Programs Source: MN Childcare Resource and Referral Network IIIS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL illaAll Rewarch. Planning. owl Coordination of Human Services Brooklyn Center 2008 Profile In 2000, there were 7,310 children and youth age 17 and under in Brooklyn Center. Over one -fourth (26 of the population of Brooklyn Center was under the age of 18 in 2000. To serve the needs of children under 5 years old, as of January 2008 Brooklyn. Center had 5 childcare centers, 3 pre- school programs and 56 family childcare homes. 4 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research. Planning. a d Coordination (Homan Serwre. In 2000, according to the Census, the population of children 17 years old and under in Brooklyn Center was just over half White (51.2 Almost a quarter (22.6 of children and youth were Black or African American, and 15.2% were Asian or Pacific Islander. In 2006 -2007, according to a different measure, the Brooklyn Center School District observed drastically different populations in the four elementary schools located in Brooklyn Center (Earle Brown, Evergreen, Garden City and Northport Elementary Schools) and Brooklyn Center Junior /Senior High School. In these schools during the 2006 -2007 school year, almost three quarters (73 of the students were identified as non White /Latino. The school data does not observe children younger than school -age, so cannot be used as a direct comparison to Census data, but it still represents significant increases in diversity in Brooklyn Center Race and Ethnicity of Children and Youth in Brooklyn Center from 2000 to 2006/2007 White 51.2% 27% Black or African American 22.6% 38% Asian or Pacific Islander 15.2% 19% Two or more races 7.8% n/a I Hispanic or Latino 4.2 14% Other races 2.2% n/a American Indian I 1.0% 2% 1 Brooklyn Center Public Schools, does not include charter schools 2 In this Census measure, Hispanic/Latino ethnicity includes people of all races, therefore the total percentage exceeds 100 Includes black racial groups from Africa Source: US Census Bureau, 2000 Census and Brooklyn Center School District Brooklyn Center 2008 Profile 5 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Seniors in Brooklyn Center in 2000 Seniors (65 Total Population Source: U.S. Census Bureau, 2000 Census White Asian Black or African American Two or more races Hispanic or Latino American Indian Other races Hispanic/Latino ethnicity includes people percentage exceeds 100 Includes black racial groups from Africa Source: US Census Bureau, 2000 Census c 0 0. 0 Race and Ethnicity of Seniors 65 and Older in Brooklyn Center in 2000 4,180 4,160 4,140 4,120 4,100 4,080 4,060 4,040 4,020 4,000 2010 Source: Metropolitan Council of all races, therefore the total Brooklyn Center Senior Population Forecast 2010 -2030 2020 Year 29,172 4,308 (95.6 82 (1.8 81 (1.8 22 (0.5 19 (0.4 11 (0.2 3 (<.01%) 2030 I NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Reward. Manning. oral Coordination of Meow, sown Brooklyn Center 2008 Profile In 2000, there were 4,507 people 65 years 4,507 of age and older in Brooklyn Center, or 15% of the total population in that year. In 2000, seniors in Brooklyn Center were primarily White (95.6 and the largest minority populations were of seniors who were Asian (1.8 and Black or African American (1.8 The population of seniors in Brooklyn Center in the year 2010 is projected to be 4,160, a decrease of almost 10% from the year 2000. The population of seniors is projected to decrease to 4,094 in 2020 and to 4,063 in 2030. 6 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Race and Ethnicity of Brooklyn Center in 2000 White Black** or African American Asian or Pacific Islander Two or more races Hispanic or Latino Other races American Indian Hispanic/Latino ethnicity includes people of all races, therefore the total percentage exceeds 100 Includes black racial groups from Africa Source: US Census Bureau, 2000 Census While primary home language data cannot provide an exact count of immigrants because many members of these communities were born in the U.S. and are native English, speakers, it does provide a tool to estimate the size of immigrant communities and help locate these communities geographically. Brooklyn Center is served by four school districts speaking a total of 71 languages. Four public, non charter elementary schools are located in Brooklyn Center. In those schools (Earle Brown, Evergreen Park, Garden City and Northport), more than one -third (35 of the students reported speaking a language other than English at home during the 2006 -2007 school year. Brooklyn Center Primary Home Languages Other Than English in Public Hem e ntary Schools* 2006 -2007 Creole /Other Liberian Other Non- 9% English 16% Hmong 33% Laotian 4% 20,825 (71.4 4,110 (14.1 2,569 (8.8 981 (3.3 823 (2.8 434 (1.5 253 (0.9 Spanish 38% d NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Reuarch. Running. and Coonitnalion of Human Sewioas Non- English Speaking Students 35% Brooklyn Center is home to many people from diverse backgrounds, including immigrants and refugees. It is difficult to accurately estimate these populations by Census data because race /ethnicity categories are so limited. In 2000, Brooklyn Center residents were primarily White (71.4 and the largest minority population was of people who were Black or African American (14.1 Brooklyn Center Primary Home Language in Public Elementary Schools* 2006 -2007 Brooklyn Center 2008 Profile English Speaking Students 65% Does not include Charter Schools Source: Anoka Hennepin, Brooklyn Center, Osseo, and Robbinsdale school districts In Brooklyn Center during the 2006 -2007 school year, most elementary school students who did not speak English at home reported speaking either Spanish or Hmong, followed by Creole /other Liberian languages and Laotian. Other languages spoken in Brooklyn Center included Oromo, Somali and Vietnamese. *Does not include Charter Schools Source: Anoka Hennepin, Brooklyn Center, Osseo, and Robbinsdale school districts 7 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Population Below the Poverty Level in Brooklyn Center in 2000 Above the poverty level 93% Age 5-17 26% Under 10% Age 65+ 11% Source: US Census Bureau, 2000 Census Below the poverty level 7% Individuals Below the Poverty Level by Age in Brooklyn Center in 2000 Source: US Census Bureau, 2000 Census Age 18-64 53% PIS SI4n. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Resevrth. Romans. and CooNlnnan of Hwnon Senxes Brooklyn Center 2008 Profile According to the 2000 Census, 2,143 people lived below the poverty level in Brooklyn Center, or 7% of the total population. The federal poverty level in 2000 was $17,604 for a family of four, and is currently $21,200 for a family of four. Of those living below the poverty level in Brooklyn Center in 2000, more than half (53 were adults between the ages of 18 and 64, just over a quarter (26 were between the ages of 5 and 17, 11% were seniors (65 years and older), and 10% were under the age of 5. 8 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Brooklyn Center Percent of Students Bigible for Free /Reduced Price Meals Program in Public Hementary Schools* 2006 -2007 Garden (Sty Northport Earle Brow n Evergreen Park 0% November 2007 20% 40% 60% 80% *Does not include Charter Schools Source: Anoka Hennepin, Brooklyn Center, Osseo, and Robbinsdale school districts ISI NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research. A ,,,O .and Coonhn Obn of Human Sercn Brooklyn Center 2008 Profile Eligibility for the Free and Reduced Price Meals Program is based on income. A student's household income must be below 185% of the federal poverty level, currently $21,200 for a family of four, to qualify for reduced -price meals and below 130% of the poverty level for free meals. Among the 4 public elementary schools in Brooklyn Center, Northport and Garden City had the highest proportions (72% and 70 of students eligible for free or reduced price meals in the 2006 -2007 school year. Economic Assistance in Brooklyn Center As of November 2007, 3,359 households received economic assistance in Brooklyn Center. The majority of those cases (95 were families receiving health care. About 34% received food support (food stamps). 3,359 35 540 3,202 1,150 138 DWP- Diversionary Work Program MFIP Minnesota Family Investment Program *Program counts may be duplicated case counts. A household may receive benefits from more than one program during the month. *Counts of less than 10 are not available because of data privacy Source: Hennepin County Human Services and Public Health Department 9 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Employment statistics from the Minnesota Department of Employment and Economic Development are based on results from monthly surveys of households around the state conducted by the Bureau of Labor Statistics and the Census Bureau. Average employment is the average number of city residents who are employed for pay or who did 15 or more hours unpaid work for a family business during the survey week. 16,000 15,500 15,000 14,500 14,000 13,500 5 4 3 2 1 0 Brooklyn Center Average Annual Employment 2000 -2007 2000 2001 2002 2003 2004 2005 2006 2007 Year Source: Minnesota Department of Employment and Economic Development, Local Area Unemployment Statistics The unemployment rate of a city is the percent of the city's labor force who do not have a job, have actively looked for work in the prior four weeks and are currently available for work. It does not include people who had looked for a job sometime in the past year, but not in the past four weeks. The average annual unemployment rate (not seasonally adjusted) in Brooklyn Center was 5% in 2007, an increase of 80% since 2000. Hennepin County Average Annual Unemployment rtes 2000 -2007 2000 2001 2002 2003 2004 2005 2006 2007 Year 6.0 5.0 4.0 3.0 2.0 1.0 0.0 Kilo NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL A.,.ar d. Flaming. and Coordination of Hunan Anon Brooklyn Center 2008 Profile Average annual employment (not seasonally adjusted) for 2007 in Brooklyn Center was 14,335, a decrease of 9% since 2000. Brooklyn Center Average Annual Unemployment Rates 2000 -2007 2000 2001 2002 2003 2004 2005 2006 2007 Year Source: Minnesota Department of Employment and Economic Development, Local Area Unemployment Statistics In comparison to Brooklyn Center's unemployment rate, the average annual unemployment rate (not seasonally adjusted) in Hennepin County was 4% in 2007, an increase of 48% since 2000. Source: Minnesota Department of Employment and Economic Development 10 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Total Housing Units in Brooklyn Center in 2000 Single Family Units Multi Family Units Percent Owner Occupied Source: US Census Bureau, 2000 Census Rental Housing in Brooklyn Center 2006 -2007 Number of Rental Units Average Rent Vacancy Rate Source: GVA Marquette Adviser n/a $692 3.4% n/a $681 4.4% Housing Sales in Brooklyn Center 2006 -2007 Total Sales Average Price Source: Minneapolis Star Tribune 8,139 3,460 63.9% 436 266 -38.9% $191,925 $173,130 -9.8% 4160% NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 1 rilL Research. Aammng. and CoorJUwNan of Hamm Serum Brooklyn Center 2008 Profile Brooklyn Center had 8,139 single family homes and 3,260 multi family homes in 2000. Of the total housing units, 63.9% were owner occupied. Average rents in Brooklyn Center decreased by 1.6% between 2006 and 2007. The vacancy rate increased slightly. Housing sales in Brooklyn Center decreased by almost 40% between 2006 and 2007, and average housing prices by almost 10 11 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Brooklyn Center has been impacted by the sub -prime mortgage crisis. Brooklyn Center ranks 2nd for the number of foreclosures in the northwest Hennepin County region, and 3rd in Hennepin County. Brooklyn Center also ranks in the top 10 of suburban Hennepin cities for foreclosure density (foreclosures per square mile), and foreclosure breadth (percentage of housing stock under foreclosure). 50 40 30 20 10 0 2007 2008 Monthly Housing Foreclosures in Brooklyn Center Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar '07 Source: Hennepin South Services Collaborative, Hennepin County Sheriffs Office Rank of Cities in Northwest Hennepin County in Number of Foreclosures in 2007 Brooklyn Park 602 3 Maple Grove 4 Crystal 5 Plymouth 6 Robbinsdale 7 Champlin 8 New Hope 9 Golden Valley 10 Rogers 11 Dayton 9 12 Osseo 7 13 Corcoran 7 14 Hanover 4 15 Hassan 3 Source: Hennepin South Services Collaborative, Hennepin County Sheriff's Foreclosure List 164 121 113 86 84 50 46 31 Month NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL itt ddi Research. Planning. and Coordination of Hunan Seneca '08 Brooklyn Center 2008 Profile Cities in Hennepin County With Most Foreclosures in 2007 Minneapolis *Brooklyn Park Bloomington *Maple Grove Eden Prairie *Crystal Richfield Plymouth 2,891 602 199 164 149 121 118 113 Source: Hennepin South Services Collaborative, Hennepin County Sheriff's Foreclosure List *Member city of Northwest Hennepin Human Services Council 12 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers This report is a periodical publication of the Northwest Hennepin Human Services Council. It contains the latest statistics on demography, housing, income /poverty, economic assistance and community services. Data were collected from the following sources: Anoka Hennepin School District Brooklyn Center School District City of Brooklyn Center GVA Marquette Advisors Hennepin County Assessor's Office Hennepin County Human Services and Public Health Department Hennepin County Sheriffs Foreclosure List Hennepin South Services Collaborative Metropolitan Council Minneapolis Star Tribune Minnesota Childcare Resource and Referral Network Minnesota Department of Education Minnesota Department of Employment and Economic Development Minnesota State Demographer Osseo School District Robbinsdale School District U.S. Census Bureau Please note: Some data cannot be updated due to the frequency of their data collection, particularly demographic data from the Census. Questions about Community Profiles should be addressed to: Northwest Hennepin Human Services Council 6120 Earle Brown Drive, Suite 230 Brooklyn Center, Minnesota 55430 Phone: (763) 503 -2520 Fax: (763) 503 -2510 Email: info @nwhhsc.org A l NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research. Planning. and Coordination of Hunan Seat Brooklyn Center 2008 Profile 13 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers let dS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL et A Research, Planning, and Coordination of Human Services Hanover Northwest Hennepin County Regional Profile 2008 Hassan Dayton Corcoran Maple Grove Plymouth Crystal New Hope Golden Valley Brooklyn Cente f Robbins( ale Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Population Natality Children and Youth Seniors Race, Ethnicity and Language Poverty and Economic Assistance Employment Housing Sources d i SII NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research. Planning, and Coordination of Human Services Northwest Hennepin County Regional Profile 2008 4 5 6 7 8 10 12 13 14 2 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Northwest Hennepin County Regional Profile 2008 L A Research, Planning, and Coordination of Homan Services The Northwest Hennepin region includes fifteen geographically and socio- economically diverse cities. The Metropolitan Council estimated the population of the Northwest Hennepin Region in 2007 at 355,586, or about 30% of the total population of Hennepin County (1,167,400) in 2007. This profile outlines the social and economic characteristics of the Northwest Hennepin Region, and highlights its uniqueness by contrasting Northwest Hennepin with the rest of Hennepin County. More in -depth data and analysis of specific cities, human service topics and services in Northwest Hennepin are available from Northwest Hennepin Human Services Council. *Brooklyn Park 72,724 2 1 Plymouth 71,147 3 1 *Maple Grove 59,458 4 1 *Brooklyn Center 27,907 5 1 *Champlin 23,990 6 1 *Crystal 22,138 7 1 *New Hope 20,824 8 1 *Golden Valley 20,362 9 Robbinsdale 13,551 10 1 *Rogers 6,971 11 *Corcoran 5,791 12 1 Dayton 4,966 13 1 Hassan 2,692 14 1 *Osseo 2,479 15 1 *Hanover (Henn. Co.) 586 Member city of Northwest Hennepin Human Services Council Source: Metropolitan Council NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 3 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 360,000 o a; 350,000 E 340,000 a uj 330,000 320,000 Source: Metropolitan Council 500,000 400,000 300,000 200,000 100,000 0 Source: Metropolitan Council 140,000 135,000 130,000 125,000 120,000 Source: Metropolitan Council Northwest Hennepin Region Population Estimates 2001 -2007 2001 2002 2003 2004 2005 2006 2007 Year Northwest Hennepin Region Population Forecast 2000 -2030 2000 2010 2020 Year Northwest Hennepin Region Household Estimates 2001 -2007 2001 2002 2003 2004 2005 2006 2007 Year 2030 1414 1 i NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL MA Research, Panning, and Coordination of Human Services Northwest Hennepin County Regional Profile 2008 The most recent estimated population of the Northwest Hennepin region (2007) was 355,586, a 6% increase since 2001. In 2000, the Metropolitan Council projected the population of the Northwest Hennepin region in 2010 to increase to 348,010, but the region's growth surpassed that expectation in 2004. The regional population is projected to continue increasing at a fast pace through the next decades. There were an estimated 137,136 households in the Northwest Hennepin region in 2007, an increase of 8% since 2001. 4 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 5,400 5,300 5,200 5,100 5,000 4,900 4,800 o 400 w 300 m w o 2 200 d 100 Ei- z 0 Northwest Hennepin Region Total Births 2000 -2005 2000 2001 2002 2003 2004 2005 Year Source: Hennepin County Human Services and Public Health Department Northwest Hennepin Region Births to Teenage Mothers 2000 -2005 2000 2001 2002 2003 2004 2005 Year Source: Hennepin County Human Services and Public Health Department 04$ 11 1, 4. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL IOLA Research, Planning. and Coordination of Homan Services Northwest Hennepin County Regional Profile 2008 There was a total of 5,231 births in the Northwest Hennepin region in 2005, an increase of 2% since 2000. There was an average of 5,133 births per year in the Northwest Hennepin region between 2000 and 2005. An average of 289 teenagers per year gave birth in the Northwest Hennepin region between 2000 and 2005. In the Northwest Hennepin region, 316 teenagers gave birth in 2005, representing 6% of the total births in the region. The teen birth rate of 2005 marked an 8% increase in births to teenage mothers in the region since 2000. This increase is comparable to the increase in the state's teen birth rate of 7% between 2005 and 2006, and twice the increase in the national teen birth rate (3 between 2005 and 2006. 5 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Location of Children and Youth Ages 17 and Under in Hennepin County in 2000 Rest of Hennepin County 76% Source: U.S. Census Bureau, 2000 Census NW Hennepin County 34% Race and Ethnicity of Children and Youth Ages 17 and Under in the Northwest Hennepin Region in 2000 White Black or African American Asian or Pacific Islander Two or more races Hispanic or Latino Other races American Indian 72,381 (78.8 7501 (8.3 5442 (6.0 3616 (4.0 2648 (2.9 1137 (1.3 473 (0.5 Hispanic/Latino ethnicity includes people of all races, therefore the total percentage exceeds 100 Includes black racial groups from Africa Source: US Census Bureau, 2000 Census Kt NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Renting, Planning, and Coordination of Human Smoke Northwest Hennepin County Regional Profile 2008 In 2000, there were 90,550 children and youth 17 years old and under in the Northwest Hennepin region, representing more than a quarter (27 of the Northwest Hennepin region population. A third (34 of all children 17 years old and younger in Hennepin County lived in the Northwest Hennepin region. In the Northwest Hennepin region in 2000, almost 4 out of 5 children and youth ages 17 and under were White (78.8 and the largest minority populations were children and youth who were Black or African American (8.3 and Asian or Pacific Islander (6.0 6 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Percentage of Seniors (65 in Hennepin County in 2000 NW Hennepin County 25% Source: U.S. Census Bureau, 2000 Census Race and Ethnicity of Seniors in the Northwest Hennepin Re ion in 2000 Rest of Hennepin County 75% White Asian or Pacific Islander Black or African American Hispanic or Latino American Indian Other races Two or more races 29,655 (96.5 509 (1.7 468 (1.5 151 (0.5 40 (0.1%) 28 (<0.1%) 17 (<0.1%) Hispanic/Latino ethnicity includes people of all races, therefore the total percentage exceeds 100 Includes black racial groups from Africa Source: US Census Bureau, 2000 Census MA NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research, Planning, and Coordination of Human &Mao Northwest Hennepin County Regional Profile 2008 In 2000, there were an estimated 30,717 seniors (65 years and older) in the Northwest Hennepin region, constituting 9% of the Northwest Hennepin region population. A quarter (25 of all seniors in Hennepin County lived in the Northwest Hennepin region. In the Northwest Hennepin region in 2000, seniors were largely White (96.5 and the largest minority populations were seniors who were Asian or Pacific Islander (1.7 and Black or African American (1.5 7 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers The Northwest Hennepin region is home to many people from diverse backgrounds, including immigrants and refugees. For this report, we utilize data from local school districts to measure population diversity. The 2000 Census shows that 21% of children and youth were Black or African American, Asian or Pacific Islander, American Indian, Hispanic /Latino and "other races but primary home language data from schools can provide more detailed and current information. While data on primary home languages cannot provide an exact count of the number of immigrants in an area —in part because many members of these communities were born in the U.S. and are native English speakers —it does provide a tool to estimate the size of immigrant communities and to help locate these communities geographically. Anoka Hennepin Brooklyn Center Buffalo Delano Elk River Hopkins Osseo Robbinsdale Wayzata Region Concentrations of Students of Color in School Districts in the Northwest Hennepin Region 2006 -2007 (Concentrations higher than the region emphasized) 40,657 1,696 5,562 2,169 11,803 7,898 21,700 13,044 1,605 106,134 3% 25.24% NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL j Resacuth, Planning, and Coordination of Hu an Semites 3% Northwest Hennepin County Regional Profile 2008 6% 2% 1% 1% 2% 3% 1% 8% 5% 71% 59% 57% 2% 2% 1% 4% 1 7% I 13% 75% Of any race Includes black racial groups from Africa Source: Minnesota Department of Education, 2006 -2007 Report Cards One out of four students (25.1%) in the school districts serving the Northwest Hennepin region were of communities of color. The school district with the greatest student of color enrollment was Brooklyn Center, where almost three quarters (72 of students were of communities of color. The most commonly represented racial /ethnic groups were Black/African Americans and Asian /Pacific Islanders. 8 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Primary Home Language Among K-12 Students in Northwest Hennepin Region School Districts* 2006 -2007 Language other than English 20% Does not include charter schools Source: Anoka Hennepin, Brooklyn Center, Buffalo, Delano, Elk River, Hopkins, Osseo, Robbinsdale, Rockford and Wayzata School Districts Northwest Hennepin Region Primary Home Languages Other Than English in Public Bern entary Schools* 2006- 2007 Creo1e/Krio/ Bassa/Other Liberian 8% Other Non English 25% Vietnamese 7% Spanish 29% Does not include charter schools Source: Anoka Hennepin, Brooklyn Center, Buffalo, Delano, Elk River, Hopkins, I NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Re.m,c Planning, and 6. of Human Services Northwest Hennepin County Regional Profile 2008 In the Northwest Hennepin region in 2006 -2007, 1 of out every 5 children and youth spoke a language other than English at home. In the Northwest Hennepin region, most elementary school students who did not speak English at home reported speaking either Spanish (29 or Hmong (22 About 80 other languages or dialects were spoken. 9 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Population Below Poverty in Hennepin County 2000 Non -MN Hennepin 86% Source: U.S. Census Bureau, 2000 Census Individuals Below the Poverty Level by Age in NW Hennepin County in 2000 Age 5-17 Age 65 and over 10% Source: U.S. Census Bureau, 2000 Census NW Hennepin County 14% Age 18-64 58% IS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research. Banning, and Coordination of Humes, Services Northwest Hennepin County Regional Profile 2008 According to the 2000 Census, 12,359 people in the Northwest Hennepin region (3.7 lived below the federal poverty level, currently $21,200 for a family of four. Fourteen percent of people living below the poverty level in Hennepin County lived in the Northwest Hennepin region. Out of those living below the poverty level in the Northwest Hennepin region, 58% were adults between the ages 18 and 64, 24% were children and youth between 5 and 17 years old, 10% were seniors 65 years and older, and 8% were children under the age of 5. 10 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Two other common indicators of poverty are the Public Schools' Free and Reduced Price Meals Program, and utilization of economic assistance. The Free and Reduced Price Meals Program measures not only populations under the poverty level, but also populations near poverty. A student's household income must be below 185% of the federal poverty level to qualify for reduced -price meals, and below 130% of poverty for free meals. Percent of Students Bigible for Free or Reduced Price Meals in Public Bementary Schools* in the Northwest Hennepin Region 2006 -2007 Ineligible Students 70% of Cases Bigble Students 30% *Does not include charter schools Source: Minnesota Department of Education: Report Cards 2006 -2007 1 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Rmnir, Planning, and Coordination of Human Seraicet Northwest Hennepin County Regional Profile 2008 Among the 47 public elementary schools (not including charter schools) in the Northwest Hennepin region, 30% of students were eligible for either free or reduced price meals. Individual elementary schools ranged from 3% eligibility (Rush Creek and Plymouth Creek) to 86% eligibility (Fair Oaks). Economic Assistance in the Northwest Hennepin Region as of November 2007 19,460 176 2301 18,789 6,091 576 Program counts may be duplicated case counts as a case (a household) may get assistance from more than one program. Diversionary Work Program Minnesota Family Investment Program Source: Hennepin County Human Services and Public Health Department As of November 2007, 19,460 households received economic assistance in the Northwest Hennepin region. The majority of those cases (96 received only health care assistance. About one -third received food stamps (food support). 11 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Employment statistics from the Minnesota Department of Employment and Economic Development are based on results from monthly surveys of households around the state conducted by the Bureau of Labor Statistics and the Census Bureau. Average employment is the average number of city residents who are employed for pay or who performed 15 or more hours unpaid work for a family business during the survey week. 159,000 158,000 157,000 156,000 155,000 154,000 153,000 152,000 151,000 Northwest Hennepin Region* Annual Employment Averages 2000 -2007 2000 2001 2002 2003 2004 2005 2006 2007 Includes only the cities of Brooklyn Park, Brooklyn Center, Crystal, Champlin, Maple Grove and Plymouth, as the survey sample size is too small for analysis in the smaller cities Source: Minnesota Department of Employment and Economic Development Local Area Unemployment Statistics Tool: Annual Employment The unemployment rate of a city is the percent of the city's labor force who do not have a job, have actively looked for work in the prior four weeks and are currently available for work. It does not include people who wanted and were available for work and had looked for a job sometime in the past year, but not in the past four weeks. Unemployment Rates in Hennepin County and the Northwest Hennepin Region* 2000 -2007 O 0 0 0 o o 1 0 el Year Year —o— Northw est Hennepin —e— All of Hennepin Includes only the cities of Brooklyn Park, Brooklyn Center, Crystal, Champlin, Maple Grove and Plymouth, as the survey sample size is too small for analysis in the smaller cities Source: Minnesota Department of Employment and Economic Development Local Area Unemployment Statistics Tool: Annual Employment "I NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL L A O Research, Poannhg, and Coordination of Human Services Northwest Hennepin County Regional Profile 2008 The average annual employment (not seasonally adjusted) in the Northwest Hennepin cities large enough to be included in the analysis in 2007 was 158,081, an increase of 3% since 2000. In the eight remaining smaller cities, according to the Quarterly Census of Employment and Wages, the average number of employees rose 2% from 2001 to 2007. Although the number of employed residents increased by 3% from 2000 to 2007 in the Northwest Hennepin region, the unemployment rate increased to a much greater degree. The average annual unemployment rate (not seasonally adjusted) in the Northwest Hennepin region was 4.6% in 2007, an increase of 64% since 2000. In comparison, Hennepin County's unemployment rate in 2007 was 4 an increase of 48% since 2000. 12 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Housing Sales Total Sales Average Price Source: Star Tribune, 1/17/2008 0 d .0 E z tll y O 0 L O u 5,601 4,284 -24% I $292,076 $302,972 4% 250 200 150 100 50 0 0 Top 10 Cities in Suburban Hennepin County With Most Foreclosures July 2006 -June 2008 *Brooklyn Park *Brooklyn Center Bloomington *Maple Grove Eden Prairie *Crystal Richfield Plymouth Minnetonka St. Louis Park Source: Hennepin County Sheriffs Foreclosure List, Hennepin South Services Collaborative *Member city of Northwest Hennepin Human Services Council 2007 -2008 Monthly Foreclosures in the Northwest Hennepin Region clS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL `TA ReamTab, Planning. and Comdhwtion of Human, Soak. Northwest Hennepin County Regional Profile 2008 Like most of Hennepin County, the Northwest Hennepin region has been impacted by the sub -prime mortgage crisis. Housing sales declined by 24% between 2006 and 2007, and the number of foreclosures increased almost every month between January 2007 and March 2008. Month 1,384 649 459 380 297 293 306 256 229 224 P O ff'` ate pa y 0 4' Source: Hennepin County Sheriffs Foreclosure List, Hennepin South Services Collaborative Five cities in the Northwest Hennepin region are in the top 10 of suburban Hennepin cities with the most foreclosures. In addition, 3 of those cities also rank in the top 10 of suburban Hennepin cities for foreclosure breadth (percentage of housing stock under foreclosures), and foreclosure density (total number of foreclosures per square mile). Those 3 cities are Brooklyn Park, Brooklyn Center and Crystal. 13 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers This report is a periodical publication of the Northwest Hennepin Human Services Council. It contains the latest statistics available on demography, housing, income /poverty, economic assistance and community services. Data were collected from the following sources: Anoka Hennepin School District Brooklyn Center School District Buffalo School District Northwest Hennepin Human Services Council Member Cities Delano School District Elk River School District Hennepin County Assessor's Office Hennepin County Human Services and Public Health Department Hennepin County Sheriffs Foreclosure List Hennepin South Services Collaborative Hopkins School District Metropolitan Council Star Tribune, Minneapolis /St. Paul, MN Minnesota Childcare Resource and Referral Network Minnesota Department of Education Minnesota Department of Employment and Economic Development Minnesota State Demographer Osseo School District Rockford School District Robbinsdale School District U.S. Census Bureau Wayzata School District For the most recent information on cities, human services issues and services, and for other resources, visit our website at www.nwhhsc.ora. Questions about the Regional Profile should be addressed to: Northwest Hennepin Human Services Council 6120 Earle Brown Drive, Suite 230 Brooklyn Center, Minnesota 55430 Phone: (763) 503 -2520 Fax: (763) 503 -2510 E -mail: info @nwhhsc.org ■C NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research, Planning, and Coordination of Human Service Northwest Hennepin County Regional Profile 2008 14 Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers ROiID MINNETRISTA HBO. Fi %US 442 1,002 3,162 w GREENFIELD 4 ■ANOVER INDEPENDENV MAPLEI•I MOUND, LOITTO art&PRING .V Foreclosure (Total Records: 7,348) Count of Foreclosures Foreclosures 2008 Commissioner District 0 -149 150 299 SHOR OOD 4X.ELVR fe e i Commissioner District Boundary 1 2 3 4 5 6 7 Distribution of Foreclosures Year 2008 Total Hennepin County ;4' M M ROGERS f f HAS•1N TWSP ORONO CORCORAN MEDINA Li "G•�•(E' ONNETONKA BEACH s Total 2,023 1,718 519 1,010 642 493 888 TWA BP GREEIASE� 0 1 2 4 6 8 10 Miles DAY I N f rQ. s N i TH s WAYZATA CHANHAIII N I •e, •4^s •y "ICINE LAK ss rOL�IILLETVY [JSi ICT 2 sr 1 WOODLAND DISt417'6 f EDEIIMIE 1 I DEEPHAVEN. SES'v=ri4,, r KINS S N 4" V•�V Novi era K gali 4 Dls T f 19 s Data Source: 2008 Sales Extract, Hennepin County Sheriffs Office Total Records: 7,348 Records Successfully Geolocated: 7,293 (99 Records Unsuccessfully Geolocated: 55 (1 DIN. RICHFI •(f Itg i 4• as e =rte• :LOiMINI N t •t�• ••••s A�HONV FT. SNELLING TERR. INTERNATIONAL AIRPORT Map Produced by Hennepin County Taxpayer Services Department Survey Division January 8, 2009 GREENFIELD ROCKFIR O ST. BONIFACIUS N MINNETRISTA INDEPENDENCE HANOVE• LORETTO Foreclosure (Total Records: 1,682) Commissioner District Boundary Distribution of Foreclosures Through April 2009 Hennepin County HASSAN MOP. CORCORAN 1s MEDINA LORIV LAKE Count of Foreclosures JAN APR 2009 Commissioner District Total 0 24 1 471 2 374 25 49 3 111 50 99 4 221 246 5 157 6 125 689 7 215 DISTRICT 7 0 1 2 4 6 8 10 Miles MARIE r,R•VE •I ORONO WAYZATA SHORE\OOD EXCELSIOR CHAI HASSEN DAYTON r u,l •IINNETONKA BEACH DISTRICT 6 DEEPHAVEN MINNE•ONKA TONKABA GRERIIWIMOD EDE•PRAIRIE r M CHAMPLIN y 7 y 1; �SeFO O LY!•PARK•• .`r •j ;.1?CEN A 1,: s JE plopE ORYSTAL f N DAIS MEDICINE LAK• GOL N VALLEY i DISRICT 2 f WOODLAND HORKINS II* f ST LOUIS PARK• DISIR EDT Data Source 2009 Sales Extract, Hennepin County Sheriffs Office Total Records: 1,682 Records Successfully Geolocated: 1,674 (99%) Records Unsuccessfully Geolocated: 8 (1 Note: Map reports mortgage foreclosure sales reported by the Hennepin County Sheriff to Taxpayer Services Department. Hennepin County's methodology is to count all foreclosure sheriff's sales categories (assessment, association, execution, judgment, and mortgage). The Sheriffs certificate of sale documents included in this report may still be within the owner's redemption period, which in Minnesota typically ranges from five weeks to six months. I* RICHAELi j•• BLCQMINC FT. SNELLING TKRR. INTERNATIONAL AIRPORT Map Produced by Hennepin County Taxpayer Services Department Survey Division May 7, 2009 a 0 0 0 0 0 0 e62 0 CP W Ca 0 0 1to (T cn; 0 CTS w 0 CO 0 0 CS) a) 0 v. 0 0 z r. A 3 k `c tD to n N w -n C D 0 r, 0 N N O O d'y O O c0 "E"ite, Foreclosure rary Worksho p Z N What You Need to Know About Home Foredosure www.hclib.org What happens during foreclosure and what do homeowners need to know? What rights do homeowners and renters have? What options are there? Get your questions answered by local nonprofit foreclosure counselors. Free, confidential advice provided. Monday, June 8, 6:30 p.m. Rockford Road Library 6401 42nd Ave. N., Crystal 952.847.5875 Wednesday, July 8, 6:30 p.m. Augsburg Park Library 7100 Nicollet Ave., Richfield 952.847.5300 Saturday, July 11,11 a.m. Brooklyn Park Library 8600 Zane Ave. N., Brooklyn Park 952.847.5325 Minnesota t Home Ownership Center t Presented in collaboration with Hennepin County Taxpayer Services and Minnesota Home Ownership Center. ti l l Hennepin County Board of Commissioners Jan Callison Gail Dorfman Jeff Johnson Randy Johnson Peter McLaughlin Mike Opat Mark Stenglein Library Board John Gibbs. Holly Guncheon Roger Hale Patricia Izek Jill Joseph Claudia Kelly Kathleen Lamb John Pacheco David Pratt Cynthia Steinke Therese VanBlarcom Library Director. Lois Langer Thompson 5/09 V A, N ORTHWEST HENNEPIN HUMAN SERVICES COUNCIL RaarcA Planning, and Coordination o) Human Services lurch, Planning, and Coordination of Human Services Northwest Hennepin Foreclosure Crisis, 2006 -2010 Prepared by Julia Welle Ayres, Research and Planning Coordinator, November 2008 Housing sales have declined: According to the Minneapolis Area Association of Realtors, average number of yearly housing sales from 2006 to 2008 (as of October) decreased 30.8% o Robbinsdale's sales decreased 38.9% and Maple Grove's sales decreased 36.0% o Although Brooklyn Park and Brooklyn Center had the largest drop in sales from 2006 -2007, their sales actually increased 11.9% and 8.6 respectively, from 2007 -2008. Average housing sales prices decreased 17.9 Brooklyn Center's decreased 36.8% Monthly foreclosure numbers have increased: From average 98 foreclosures a month in the first quarter of 2007, to 200 a month the first quarter of 2008 From August 2006 August 2008, Northwest Hennepin had 3,811 foreclosures (Minneapolis had 5,976) Brooklyn Park, Brooklyn Center and Crystal all rank in the top 10 suburban Hennepin cities with the greatest number of foreclosures, foreclosures per household and foreclosures per square mile. Northwest Hennepin Foreclosures Over Time 2006 -2008 300 250 200 150 100 50 0 0 0 2006 z o LL 4, 500 i 2007 rn 0 z c hi 4, 2008 Northwest Hennepin Foreclosures Per City 2006 2008 Brooklyn Center 1 646 o Maple Grove and Plymouth are also Brooklyn Park in the top 10 for high numbers of Champlin 2 s 1 218 Corcoran foreclosures Crystal= 91 295 Dayton 25 o Rogers, Robbinsdale and Champlin Golden Valley 6 101 Hanover are also on the top 10 for Hassan 15 Maple Grove 1 403 foreclosures per household New Hope 133 o Robbinsdale is also on the top ten Ply° outh 9 +253 p q Robbinsdale 178 for foreclosures per square mile Rogers 82 1000 The foreclosure trend is continuing to increase: Five of the six suburban Hennepin cities containing least one neighborhood with a HUD defined Estimated Foreclosure Abandonment Risk Score of 8 or higher (where 10 is the highest risk) are in Northwest Hennepin: Brooklyn Center, Brooklyn Park, Crystal, New Hope, Richfield, Robbinsdale According to the Federal Reserve Board, as of April 2008, there were 9,242 Sub -Prime and Alt -A mortgages in Northwest Hennepin 4.6% of Sub -Prime and 17.3% of Alt -A loans were for non -owner occupied properties 699 Sub -Prime and Alt -A loans were in foreclosure, and 515 were 90+ days past due 1,432 Sub -Prime and Alt -A loans will reset between October 2008 and March 2010, with Champlin, Robbinsdale, and parts of Golden Valley and New Hope joining Brooklyn Park, Brooklyn Center in high risk. 1500 Source: Hennepin County ShenJ's Office Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 info @nwhhsc.org www.nwhhsc.org The Mortgage Foreclosure Crisis in Suburban Hennepin County and its Impact on Cities and Communities A report by 10 NO sr HENEMPIN H[IMAE SERVICES COUNCIL January 2008 HENNEP1N SOUTH SERVICES COLLABORATIVE Northwest Hennepin Human Services Council Staff The Northwest Hennepin Human Services Council is a Joint Powers Agreement of eleven member cities in Northwest Hennepin County to do research, planning and coordination of human services that make a difference in the lives of area residents. Emily Anderson Beth Becker Susan K. Blood Rachel Fang Phyllis Fitts Julie Ha Truong Jessica Jemey Myma Kauth Bethann Kemling Anita Perkins Apostle Thao -Xiong Choua Yang Media and Communications Specialist Tobacco -Free Youth Project Coordinator Children, Youth, Young Adult, Seniors Executive Director Research and Planning Coordinator Office Coordinator Program Coordinator Communities Empowering Youth Capacity Building Program Community Liaison /Promotions Specialist Communities Empowering Youth Capacity Building Program Technical Assistance Specialist Communities Empowering Youth Capacity Building Program Staff Accountant Project Coordinator Emergency Services Program Affordable Housing Program Coordinator Tobacco -Free Youth Program Coordinator /Office Coordinator Homeless Management Information Systems Hennepin South Services Collaborative Staff Within the South Hennepin region, the Collaborative provides research and planning to identify emerging needs and gaps in human services, coordinates services and develops potential resources to facilitate solutions. Daryl Coppoletti Clare MacDonald Sexton Laurie Pennebaker Contacts Northwest Hennepin Human Services Council 6120 Earle Brown Drive, Suite 230 Brooklyn Center, MN 55430 (763) 503 -2520 info @nwhhsc.org Hennepin South Services Collaborative 9801 Penn Avenue South, Room 101 Bloomington, MN 55431 (952) 922 -5999 daryl. coppoletti@hsscmn.org Regional Planning Coordinator Coordination Team Facilitator Family Services Collaborative Coordinator 1 Shattered Dreams The Mortgage Foreclosure Crisis in Suburban Hennepin County and its Impact on Cities and Communities January 2008 N I A. Nom=wEsT HENNEPIN HuiraN SERVICES COUNCIL HENNEPIN SOUTH SERVICES COLLABORATIVE MIMING 11E COMMIES OF 8LOCKCION•SEEN FRAVIE.ROIFIELD Executive Summary The substantial increase in the number of subprime mortgage loans in suburban Hennepin County began in the late 1990s as housing prices appreciated dramatically and interest rates remained low. The volatile housing market led to a record number of homebuyers buying new homes or refinancing existing homes. Because they did not qualify for standard mortgages, many families with poor credit financed their mortgages with complex sub -prime loan products they did not fully understand and which they ultimately could not afford. As a result, thousands of families in the Suburban cities of Hennepin County have lost their homes to foreclosure. From 2002 to 2006, the number of foreclosures in Hennepin County increased by 235 percent. In 2007, there were approximately 5,500 foreclosures in Hennepin County, almost half of them (47.3 in suburban cities. Of the suburban cities, the City of Brooklyn Park had the highest number of foreclosures in the County during this period. Eight of the nine cities with the highest number of foreclosures in Hennepin County are served by the Northwest Hennepin Services Council and the Hennepin South Services Collaborative (see table on page 5). From December 2006 to December 2007, the number of monthly foreclosures in suburban cities increased by 71 percent. More than 40 percent of homes in foreclosure in Hennepin County are investor owned; renters often go unnoticed as victims of the foreclosure crisis. Cities can be severely impacted by high foreclosure rates: Vacant houses can attract crime, including vandalism, arson, drug trafficking, and other illegal activities. Neighboring properties are also impacted. Increased neighborhood blight leads directly to lower property values. Higher crime rates and a decrease in property tax revenues mean that cities must spend more while generating less revenue on policing, fire protection, social services, demolition, inspection, and legal action. All of the strategies proposed by local, state, and federal agencies only address future loan regulation and assist people with income below a certain threshold who have kept their mortgage payments current. The majority of families who have already lost their homes will receive no assistance. Cities should be prepared to address the fallout from the increased number of foreclosures and not wait for the State or Federal govemment to respond. WHAT IS A SUBPRIME LOAN? A subprime loan is a loan made to a borrower who does not qualify for a market -rate loan because of their poor credit history. The recent controversy over subprime lending stems from the high number of subprime mort- gages that are now in foreclosure, impacting economies world -wide. The Foreclosure Crisis in Suburban Hennepin County The number of home mortgage foreclo- sures in Hennepin County has increased dramatically during the last two years. Al- most daily, the media reports on the high number of foreclosures, mortgage com- pany bankruptcies, subprime lending fall- out, and families losing their homes. As housing prices skyrocketed in the early 2000s and interest rates remained low, the volatile housing market led to a record number of homebuyers buying new homes or refinancing existing homes. Because they did not qualify for standard mort- gages, thousands of families with poor credit financed their mortgages with com- plex sub -prime loan products they did not fully understand and which they could not afford. Often these loans were based on misstated income and asset documenta- tion, inflated appraisals, and misinforma- tion about repayment terms and fees'. Since 2005, the booming housing market has taken a downturn and housing prices have leveled off and even declined signifi- cantly in some areas. A large number of homebuyers who purchased or refinanced homes with subprime loans have now been forced into foreclosure as they find themselves unable to make high mortgage payments. 1 "[We were] blind -sided by a system set up for us to fail. It couldn't have been better planned if they'd sat down and intended to do just that!" Champlin homeowner in foreclosure Though many communities in Minnesota have been impacted by the housing mar- ket's volatility, the central cities and sub- urbs of Hennepin and Ramsey Counties have experienced especially significant increases in the number of housing fore- closures beginning in the early to mid 2000s From 2002 to 2006, the number of foreclosures in Hennepin County increased by 235 percent In 2007, there were ap- proximately 5,500 foreclosures in Henne- pin County, almost half of them (47.3 in suburban cities. Eight of the nine cities with the highest number of foreclosures in the County are served by Northwest Hen- nepin Human Services Council and Hen- nepin South Services Collaborative (see table on page 5). From December 2006 to December 2007, the number of monthly foreclosures in sub- urban cities increased by 71 percent. 350 300 250 200 150 100 50 0 Monthly Mortgage Foreclosures in 2007 for All Suburban Cities of Hennepin County 191 241 Suburban communities have been hit es- pecially hard in recent years. The city of Brooklyn Park, in particular, and other cit- ies in northwest Hennepin County have experienced extremely high numbers of foreclosures in the past year (see table on page 5). Now commonly referred to as a "foreclosure crisis," the record level of housing foreclosures is not expected to decrease any time soon Why There is a Foreclosure Crisis As housing prices and access to credit in- creased in the late 1990s and early 2000s, government agencies relaxed loan qualifi- cation requirements to allow more people to purchase homes In addition, as the market boomed, lenders began to market a 221 2 202 234 250 L13 ERR Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec variety of loan products which required lit- tle or no down payment accompanied by complex repayment regulations. These loans were often based on inaccurate or fraudulent income and asset verifications with no regard for the borrower's ability to repay the loan When a borrower has a low credit score, they may not qualify for a standard rate mortgage. Alternative subprime loans have been heavily marketed to people who do not qualify for standard mortgages. One common loan product is the ARM (Adjustable Rate Mortgage), a type of sub prime mortgage with a fixed interest rate for the first two years. After the first two years, the interest rates are reset every six months based on an interest rate benchmark. Some of these rate resets have resulted in interest rates increasing by as much as 30 percent, leaving borrowers unable to afford the higher monthly payments. The substantial increase in the number of subprime mortgage loans began in the late 1990s as housing prices appreciated dramatically. As housing prices rose, subprime borrowers were able to sell or refinance their homes to pay off mortgages before their interest rates reset. When housing prices were at their highest, housing values increased accordingly and borrowers were able to withdraw cash from the increased equity on their homes to pay their mortgages and other debts. However, when housing prices decline, as they have over the last two years, equity is also reduced. Prepayment penalties included in many ARMS, tighter loan regulation, and Toss of equity have prevented many financially vulnerable homeowners from refinancing. As families panic at the thought of losing their homes, they can become victims of a practice known as "equity stripping." Dishonest financial managers dupe home- owners facing foreclosure into complicated refinance agreements with the promise of 3 reduced future payments. Instead, home- owners find that they have signed away their homes and lost any equity they had. It is important to note that areas with large minority populations have proved to be especially vulnerable to foreclosures as the housing market has weakened. In 2006, over 50 percent of Black home buyers in the Twin Cities Metro area had subprime mortgages Other vulnerable populations include seniors and military families who may not understand the loan products they have been sold Low income neighborhoods are also vul- nerable to targeted subprime loan market- ing because residents, many of whom are elderly or do not speak English, often do not understand the implication of the loan agreements they sign. Some residents may be susceptible to sales pitches that do not disclose the fees and penalties included in subprime mortgages or that they may qualify for a standard mortgage. Marketers in the subprime industry fre- quently have been found to have withheld information from borrowers about prime loans for which they could have qualified. Another important aspect of the foreclo- sure crisis is the high proportion of inves- tor -owned properties in foreclosure. While it is not clear how many renters are impacted by foreclosures, more than 40 percent of homes in foreclosure in Henne- pin County are investor- owned Accord- ing to Hennepin County Taxpayer Ser- vices, about 27% of foreclosures in North- west Hennepin County between January 1 and September 30, 2007 were non homesteaded properties. In the worst cases, landlords vanish with damage deposits and rent payments, leaving utilities unpaid and tenants without housing or resources. The Impact on Cities Almost half of the foreclosures in Hennepin County in 2007 were in suburban cities. Outside of Minneapolis, the City of Brooklyn Park had the highest number of foreclosures in the County during this period. 4 City Foreclosure Ranking 2007" Minneapolis N 2890 Brooklyn Park N 614 Brooklyn Center N 264 Bloomington N 199 Maple Grove N 166 Eden Prairie N 149 Crystal N 120 Richfield N 118 Plymouth N 113 Cities can be severely impacted by high foreclosure rates. Vacant houses attract crime, including vandalism, arson, drug trafficking, and other illegal activities Homes in foreclosure are rarely main- tained; sidewalks remain unshoveled, litter collects, and neighboring homes are affected as well as property values decline. Higher crime rates and a decrease in property tax revenues mean that cities must spend more while generating less revenue on policing, fire protection, social services, demolition, inspection, and legal action. In addition, if investors purchase multiple vacant houses in one area and rent them with little concern for the community, lack of responsible management of rental properties can lead to community destabilization This increased neighborhood blight leads to declining home values, a diminished tax base, and increased need for human services, all impacting cities' already stretched budgets. At the same time, fewer homeowners and lower property values mean reduced property tax income for cities, counties, and schools. While home values have leveled off and most cities are not seeing steep decreases in property values, housing sales in the state have declined by about 30 percent Cities that may experience a more severe impact from the foreclosure crisis are those with a limited commercial tax base, those newer areas with high infrastructure expenses, and those which are redeveloping older areas and expecting tax revenues based on existing home values to cover their costs Businesses are impacted by increased foreclosures as well: lower property values dissuade homeowners from improving their houses, and fewer home improvements mean lower sales and profits for remodeling companies and home improvement stores. Lower property values also mean that homeowners are less likely to borrow against home equity for cars, durable goods, or other consumer goods. Fewer and smaller loans mean less fee income for lenders. 5 Mortgage Foreclosures in Suburban Cities of Northwest and South Hennepin County in 2007 CITY TOTAL Bloomington 199 Brooklyn Center 264 Brooklyn Park 614 Champlin 84 Corcoran 6 Crystal 120 Dayton 9 Eden Prairie 149 Golden Valley 46 Hanover 4 Hassan 1 Maple Grove 166 New Hope 50 Osseo 7 Plymouth 113 Richfield 118 Robbinsdale 86 Rogers 33 TOTAL 2,069 Monthly Mortgage Foreclosures in 2007 for the Suburban Cities of Hennepin County p endence aple Play" orcoran edina° •ti 06 1.11-ca r jaale- 'r' Eyl en P *m* 6 The economic and social impact of foreclo- sures on families and communities cannot be overstated. Although homeowners at all income levels have been impacted, the most vulnerable homeowners are those with low incomes, including seniors, mi- norities, and immigrant families. As fami- lies get behind on mortgage payments, the economic stress can become excruciating as homeowners receive threatening letters and phone calls from creditors and forego other essentials in order to keep their housing. When homes are sold in Sheriffs sales after foreclosure, families can be- come homeless if they cannot find afford- able housing, already in tight supply in many Suburban Hennepin County cities. In addition, when investors who have pur- chased rental property go into foreclosure, tenants can lose heat, water, and electric- ity and be forced to move with little or no notice, even though legally they have at least thirty days after properties are sold in a Sheriffs Sale before they have to move. When rental properties enter into foreclo- sure, tenants often are not aware of the circumstances until utilities are shut off, maintenance is neglected, and landlords can't be contacted. Damage deposits The Impact on People 7 "This is only the first wave [of people needing to rent housing after losing their homes]; once people lose their houses and move into rental housing, the [high quality] rentals will fill up and people will be victim- ized by dishonest landlords who own substandard housing." Brooklyn Center Code Inspector usually cannot be recovered and families, who may have already used assistance from other sources, are ineligible to apply for emergency assistance more than once per year. High demand for rental housing has led to low vacancy rates and higher rents. The supply of affordable housing in Suburban Hennepin County is already low because of increased demand and the fact that little low cost housing was built during the hous- ing market's boom. Average rents in the Twin Cities Metro Area have increased by over three percent in the past year and vacancy rates are declining significantly as homeowners are forced out of their homes and into rental properties. At the same time, reduced tax income for cities result- ing from the increase in foreclosures can lead to cuts in programs and services. National The Federal Government has been reluc- tant to address the national foreclosure crisis for many reasons. Despite the Treasury Secretary's assessment of the rampant increase in foreclosures around the country as "the most significant current risk to our economy" 16 Legislation to pro- vide financial assistance to families in dan- ger of losing their homes has not material- ized. Some attempt has been made to expand FHA loan eligibility to subprime borrowers but Congress has not yet passed any such legislation. "It is ridiculous to spend months working with a system that's supposed to help people out of foreclosure and still not get any help. It's just too hard." -Cif sta1'farnrlyin foreclosure The Bush administration has reached an agreement with lenders to implement a freeze in adjustable rate mortgages but this assistance is not expected to help the majority of people facing foreclosure Only borrowers who are current on their monthly payments will be eligible for assis- tance; if Solutions 8 they are unable to make their current mort- gage payments or have incomes high enough to manage an increased payment, they would not qualify. State and Local The State of Minnesota has been more proactive in attempting to assist families who have been victimized by dishonest lending practices. On August 1, 2007, a law aimed at predatory lending practices went into effect. The law requires realtors and mortgage brokers to act in the best interest of their clients and allows borrow- ers to sue brokers who intentionally mis- lead them and recover attorney's fees. Lenders must also now verify a borrower's ability to repay a loan before recommend- ing a loan product. In addition, the law tar- gets lenders or brokers who engage in "churning," the selling or refinancing of loans to generate fees and commissions with no benefit to borrowers. However, this legislation does nothing to aid those already locked into mortgages they cannot afford and are facing the loss of their homes. Homeowners who fall be- hind on their mortgage payments find it difficult to find financial assistance to help them save their homes. In fact, many homeowners who try to negotiate with lenders find it difficult to identify the entity that currently holds their mortgage. Financial counseling is an important tool for families facing foreclo- sure. The State of Minnesota, along with other public and private sources, recently provided $1.8 million to fund foreclosure prevention counseling state wide While there is already a network of counselors in place, this additional funding will more than double the number of coun- selors around the state. Counseling can help homeowners negotiate with lenders but cannot always help families access financial assistance to make up past mort- gage payments. Sometimes counselors can only advise homeowners to sell their homes and work to rebuild their credit, al- though that can be difficult in the de- pressed housing market. "People are so desperate for housing that they don't pay attention to whether a landlord is licensed. They'll move into deteriorating housing that is unlicensed and unfit for occupation." Hennepin County's Foreclosure Prevention Task Force released its report in October 2007 with recommendations directed at helping families facing foreclosure, along with recommendations directed at lenders, mortgage brokers, community agencies, and neighborhood groups. The Task Force will continue to meet through mid -2008 to dis- cuss ways the County can ame- liorate the impact the high number of foreclosures and Sheriffs sales has had on the County. The County's ten -year plan to End Home- lessness, known as "Heading Home Hen- nepin," includes a committee assigned to address increasing foreclosures. Brooklyn Center Code Inspector 9 At the local level, groups like ACORN (Association of Community Organizations for Reform Now) have advocated for a moratorium on the sale of adjustable rate mortgages (ARMS) and fixed interest rates for those whose ARMS have already adjusted to unaffordable levels. Community agencies serving low income families were the first to see the direct impact the increased number of foreclosures has had on families. Families often tum to food shelves to stretch their food budgets as mortgage payments increase. More and more food shelves and emergency services programs are seeing families applying for assistance in paying past due mortgage payments, but resources are spread thin. Families facing foreclosure must first apply to Hennepin County for Financial Assistance. Families living in Suburban Hennepin County are then referred to CAPSH, which provides financial counseling and can help families access limited emergency funds. The Community Response 10 If CAPSH is unable to provide funds, families can turn to food shelves or other small local service providers, but with so many requests for assistance, families facing foreclosure are finding it harder and harder to get financial help once the foreclosure process has accelerated and a Sheriffs sale is imminent. Emergency Services Providers in Hennepin County are working together to coordinate efforts to help the growing number of families who have no resources or programs available to keep them in their homes. The group also plans to strategize on ways to address what is expected to be a record number of foreclosures in the coming year. The thousands of families losing their homes hope that help is on the way, but this is not the case. The strategies currently proposed by local, state, and federal agencies only address future loan regulation and assist people with income below a certain threshold who have kept their mortgage payments current. The majority of families who have already lost their homes will receive no assistance. There has been much discussion about who is to blame for the "foreclosure crisis." Is it the borrowers with sub -prime mortgages, who should have known what they were getting into before they signed their loan documents? Is it the banks and mortgage companies, who took advantage of people by selling them sub -prime loans? Is it the Federal government, which should have regulated the industry more carefully? Conclusion 11 Placing the blame is not as important as helping the families torn apart by the loss of their homes. Until this help is provided, more families will be displaced, face ruined credit or even become homeless. Without aid, communities will suffer, housing prices will continue to decline, and cities will be faced with an impending financial crisis they are not equipped to address. Notes More Muscle for Borrowers; Minneapolis Star Tribune. July, 28, 2007. 2 Crump, J., Subprime Lending and Foreclosures in Hennepin and Ramsey County. CURA Reporter, 37 (2), summer, 2007. Ibid. 4 Ibid. o "Mortgage Troubles are here to Stay," Minneapolis Star Tribune, Sept. 22, 2007. 6 The Subprime Lending Crisis -The Economic Impact on Wealth, Property Values and Tax Revenues and How We Got Here. Report of the Joint Economic Committee, Oct., 2007. Ibid. o Crump, J., Subprime Lending and Foreclosures in Hennepin and Ramsey County. CURA Reporter, 37 (2), summer, 2007. O Minnesota Public Radio, Oct. 13, 2007. 10 Hennepin County Foreclosure Task Force, Oct., 2007. 11 Source: Hennepin County Sheriff. 12 Grover, M., Smith, L Todd, R. Targeting foreclosure Inter- ventions: An Analysis of Neighborhood Characteristics Associated with High Foreclosure Rates in Two Minnesota Counties. Federal Reserve Bank of Minneapolis. Jan. 2007. 13 Hennepin County Foreclosure Task Force Report, Oct. 18, 2007. 14 Bujold, M. Moving Through the Downturn. Minnesota Cities, Oct., 2007. 15 Ibid. 1° "Aggressive response needed for housing crisis, Paulson says." Minneapolis Star Tribune, Oct. 16, 2007. New rules to prevent another subprime crisis." The Banker, Jan. 1, 2008. 18 Funding meant to prevent foreclosures, Twincities.com, Nov. 11, 2007. Phone: (866) 76A -CORN Web: www.acorn.org Resources for Financial Counseling ACORN Associations of Community Organizations for Reform Now ACORN provides financial counseling for first -time home buyers and families in danger of foreclosure. CAPSH Community Action Partnership of Suburban Hennepin CAPSH has teamed with Lutheran Social Services to provide budget counseling, debt repayment plans and financial education. Services are pro- vided by certified credit counselors in the Hopkins office. Phone: (888) 577 -2227 Web: www.cashenn.org 12 The Homeownership Center Through a network of local community agencies throughout the state, the Fore- closure Prevention Program can provide counseling, advocacy, referrals to addi- tional resources and other assistance to families facing foreclosure. Phone: (651) 659 -9336 or (866) 462 -6466 Web: www.hocmn.org SHARC Sustainable Homeownership and Anti Foreclosure Response Center SHARC is a new center (opened January 2008) which offers loan counseling and foreclosure prevention services to families behind on mortgage payments and in danger of foreclosure. The program is a collaboration between the Minneapolis Urban League and Minnesota ACORN and services residents of Minnesota. Address: Hours: Phone: Web: 2100 Plymouth Ave N, Minneapolis Saturday mornings, Tuesday evenings (612) 827 -9299 www.mul.org Foreclosure Task Force Report Hennepin County Foreclosure Task Force, October 2007 Web: www.co.henneoin.mn.us Enter "Foreclosure Report" in search window. Hennepin County Sheriff's Foreclosure List Web: htto: /www4.co.henneoin.mn.us/ webforeclosure /search. aso Subprime Lending and Foreclosure in Hennepin and Ramsey Counties Crump, J., CURA Reporter, Summer 2007. A previous article by Jeff Crump on this topic was published in the CURA Reporter, Spring 2005 Web: www.cura.unnn.edu/reoorter.07-Summ/ Crump.pdf Print and Web Resources about the Foreclosure Crisis 13 The Subprime Lending Crisis: The Economic Impact on Wealth, Property Values and Tax Revenues and How We Got Here Report by the Majority Staff of the Joint Economic Committee, October 2007. Web: htto:/ /iec.senate.aov /Documents /Report s /10.25.07OctoberSuborimeReoort. odf Targeting Foreclosure Interventions: An Analysis of Neighborhood Characteristics Associated with High Foreclosure Rates in Two Minnesota Counties Federal Reserve Bank of Minneapolis, January 2007. Web: htto: /www.minneaoolisfed.ora/ communitv /oubs/ foreclosureinterventions.odf Appendix A its FL A a a, A Northwest Hennepin Human Services Council Percent Minority Enrollment by Elementary School Attendance Area Boundary (2006 07 school year) Rogers* Hassan Twp, Hanover Corcoran* Maple Grove* Plymouth N City Boundary School District Boundary Elementary School Attendance Boundary Public School NWHHSC member City Scale: 0 2.5 5 mi Source: School District MARSS student enrollment records and Minnesota Department of Education enrollment data: httD://education .state.mn.us /mde /index.html For more information contact NWHHSC at: (763) 503 -2520 or info @NWHHSC.org New Hope* Crystal Robbinsdale Golden Valley Brooklyn Park Broo -dyn Center wan n. /7annrny, and C'oordinorwn u! Honron bni+< Percent Minority Enrollment Elementary Schools (2006.07 school year) 3% Rogers ISO 728 4'7'. Hanover ISD 877 5% Delano ISD 879 8% Rockford ISD 883 9% Hassan ISD 728 El 12° Rush Creek ISD 279 137e Dayton ISD 11 13% Greenwood ISD 284 14% Champlin ISD 11 14% Gleason Lake ISD 284 15% Fembrook -15D 279 15% Plymouth Creek ISD 284 157 Cedar Island ISO 279 18% Basswood ISD 279 19% Weaver Lake 150 279 0 21% Oak View 15D 279 22% Elm Creek 15D 279 22% Kimberly Lane ISD 284 22% Zachary Lane ISD 281 23% Birchview 15O 284 23 Oakwood ISD 284 23% Sunset Hill ISD 284 25% L.H. Tanglen 150 270 I. 25% Oxbow Creek ISD 11 26% Meadowbrook -1513 270 29% Osseo ISD 279 31% Pilgrim Lane ISD 281 32% Riverview ISD 11 35% Rice Lake ISD 279 41% Sunny Hollow ISO 281 43% Monroe 150 11 431 Woodland ISO 279 45% Sonnesyn ISD 281 47% Noble ISO 281 49 Neill -!SD 281 52% Lakeview ISD 281 55% Edgewood 15D 279 55% Forest ISD 281 61% Edinbrook ISD 279 63% Evergreen Park 150 11 167% Palmer Lake ISD 279 E 71% Birch Grove ISD 279 71% Meadow Lake 150 281 72% Earle Brown ISO 286 78 Northport ISD 281 83% Park Brook -ISD 279 85% Garden City I513 279 87% Crest View ISD 279 90% Zanewood ISD 279 92% Fair Oaks ISD 279 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 4, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 4 Research, Planning, and Coordination of Human Services Data on Immigrant and Refugee Communities in Northwest Hennepin County Northwest Faith Collaborative, February 2009 How is the population changing? a 60% The non White /Hispanic population in Northwest Hennepin 5 County is growing rapidly, while the White /non- Hispanic a 40% population is shrinking Figure 1). 30% Population changes are the most drastic in the outer -tier a 20% suburbs of Rogers, Hanover and Corcoran (Minnesota c 10•i• Department of Education'). E 0% co The Hispanic population is the fastest growing 6 1o% demographic group, increasing 81.5% from 2000 to 2007 It -20% (2005 -2007 American Community Survey 3 -Year Estimates' Where in Northwest Hennepin County? The largest non White /Hispanic populations lived in Brooklyn Park (49.1% of Brooklyn Park) and Brooklyn Center (41.7% of Brooklyn Center) (2005 -2007 American Community Survey 3 -Year Estimates` 73.0% of students in Brooklyn Center School district in 2007 were non White /Hispanic (Minnesota Department of Education, 2007). The largest populations of students speaking languages other than English at home attended schools in Brooklyn Park (33.9% of Brooklyn Park students) and Brooklyn Center (34.3% of Brooklyn Center) (Figure 2). Data compiled by Northwest Hennepin Human Services Council Includes only cities with populations above 20,000 For more information, contact: infoOnwhhsc.orq Figure 1. Population Growth 2000 -2007 13.0% Minnesota Hennepin Northwest County Hennepin* Includes only cities with populations above 20,000. Source: 2000 Census, 2005 -2007 American Community Survey 3-Year Estimates Who lives in Northwest Hennepin County now? 25.1% of students Minnesota Department of Education, 2007') and 23.9% of all people in Northwest Hennepin County were non White /Hispanic in 2007 (2005 -2007 American Community Survey 3 -Year Estimates 12.3% of Northwest Hennepin County residents were foreign -born in 2007 (2005 -2007 American Community Survey 3 -Year Estimates' The largest group of foreign -born residents in Northwest Hennepin County were Asian (37.59% of all foreign -born) (2005 -2007 American Community Survey 3 -Year Estimates 20.7% of elementary school students in Northwest Hennepin County spoke a language other than English at home In 2006 (Minnesota Department of Education Spanish was the most common non English language spoken at home among Northwest Hennepin County elementary students in 2006 (6.9% of all students spoke Spanish) (Minnesota Department of Education'). Hmong was the second most common non English language (5.0% of all students) (Minnesota Department of education'). Figure 2. Percent of Students Speaking Non English Languages at Home in Public Elementary Schools, 2006/2007 Park (L 1 i F` 1'1 54.90% 3.4% to 5.0% 5.0% to 10.096 10.0%to 25.0% 25.0% to 33.8% 6120 Earle Brown Drive Brooklyn Center, MN 55430 (763) 503 -2520 info(anwhhsc.ore www.nwhhsc.orr< Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers or White/Non-Hispanic Non White/Hispanic Map created by Barbara Ronningen, Minnesota State Demographer's Office. Source: Northwest Hennepin Human Services Council calculations using data from Minnesota Department of Education 1. 1 46 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL IDA Research, Planning, and Coordination of Human Services Total 2,886 n/a 4,970 21,279 Total Total Total 15,610 42,745 21,402 17,890 17,830 52,419 16,358 60,325 244,579 Total Brooklyn 6,574 Center Brooklyn 16,243 Park Champlin 1,095 Crystal 1,265 Golden 1,237 Valley Maple Grove _1,886 New Hope 11 ,155 Plymouth 2,492 Total 31,947 Race, Ethnicity and Nativity in Northwest Hennepin County Cities, 2007 West African' 85 245 East African 45 111 Other African 8 32 Southeast Asian 331 939 East Asian 1 31 South Asian 2 41 East European' 11 34 West European 9 22 Spanish 322 666 Other Non English 4 3 0 Total Non English Total Enrollment) Total Enrollment 1 2,385 1 31 19 7 67 7 5 18 2 17 2,761 13,184 2,925 1,429 27,866 1,095 2,694 e 2,113 1,475 6,247 1,647 2,802 1,343 rc 8,805 11,580 64,806 Columns include only people who responded to these questions, so numbers will not add up exactly to "Total City Population" numbers. Census does not provide data for this population as too few sample observations were available to compute a standard error and margin of error. Source: 2005 -2007 American Community Survey Three -Year Estimates Primary Home Language Spoken by Elementary Students in Northwest Hennepin County, 2006 -2007* 34 1 2 5 1 149 1 Total 30,678 73,328 24,250 21,955 20,765 59,705 20,344 70,488 321,513 3 0 19 1 87 3 1 0 484 11 0 28 50 I 0 I 5 288 2 0 20 4 I 0 1 76 39 12 110 77 1 5 25 1,639 3 0 39 3 10 2 87 2 0 78 4 11 4 139 10 4 70 29 I 3 14 19 0 0 24 10 1 0 2 70 40 1 66 230 1 6 10 1,507 0 0 5 8 10 0 21 818 2,124 173 225 110 17 459 502 18 63 4,509 (34.3 (33.9 (13.1 (17.7 (9.7 (3.5 (8.6 (24.7 (5.2 (5.0 (20.7 6,260 1,324 1 1,273 1 1,140 1 490 1 5,337 1 2,030 I 344 1 1,253 1 21,836 Liberian languages: 392 2 Hmong: 1,082, Vietnamese: 314, Lao: 196 3 Russian: 198 Source: Northwest Hennepin Human Services Council calculations based on data from Minnesota Department of Education 6120 Earle Brown Drive Brooklyn Center, MN 55430 (763) 503 -2520 infoanwhhsc.org www.nwhhse.ore Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 4 4111 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research, Planning, and Coordination of Human Services Mission Beliefs Northwest Hennepin Human Services Council NWHHSC) is a joint powers agreement of 11 northwest municipalities of Hennepin County. The Council is governed by an Executive Board comprised of one representative appointed by each member city (either city council members or city staff). Member cities are Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Golden Valley, Hanover, Maple Grove, New Hope, Osseo, and Rogers. NWHHSC is responsible for the overall research, planning and coordination of human services for the northwest Hennepin area, which represents great diversity in both rural and suburban settings. Research demographic make up of communities, community needs. Planning how to meet the identified and changing needs. Coordination a convener of people and organizations to create effective partnerships that address human service issues. NWHHSC does not provide direct services to people. NWHHSC works with community partners to identify and address community needs. Partners include representatives from health care, government, social services, schools, faith communities, business and other sectors Examples of issues addressed include emergency services through area food shelves and shelters, early childhood development, seniors, cultural and racial diversity, domestic violence prevention, public health issues, youth services network, and gaps in services. An example is the Emergency Services Program, which convenes local emergency service providers as a collaborative network and shares information and resources to coordinate dispersal of financial assistance to residents in need of emergency shelter, transportation, etc. In fulfilling its mission to cultivate and develop support services and policy changes that make a difference in the lives of northwest Hennepin area residents, NWHHSC believes: Municipalities share in the responsibility of seeing that human services needs of residents are met. Residents and consumers should play a critical role in defining their own needs and problems, and in recommending appropriate solutions. Suburban residents should have access to human services within their own communities. Funding Cities in the joint powers agreement provide approximately 8% of the overall budget, which leverages grants and contracts in the amount of approximately 1.5 million dollars. Coordinating Community -wide Efforts Agency Priority Areas: Based on community assessments, five priority areas are: affordable housing, transportation needs, immigrant issues, youth services and senior services. NWHHSC coordinates the following: ADVISORY COMMISSION NWHHSC coordinates a Citizens Advisory Commission of residents appointed by each city. They represent their city, its citizens, issues and needs. This allows for direct input from residents into the work of the Council. They also assist in identifying solutions and best practices for addressing issues. Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 info @nwhhsc.org www.nwhhsc.org NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Or Oil Research, Planning, and Coordination of Human Serukes RESEARCH AND PLANNING includes city profiles, changing demographics, topical reports, planning priorities. EMERGENCY SERVICES/HOMELESS PREVENTION PROGRAMS provides one time fmancial assistance to area residents in need of emergency shelter, transportation and special assistance through coordination of area emergency services providers. The Northwest Guide to Human Services is published as a resource. SENIOR SERVICES comprised of representatives from Northwest Hennepin cities who come together to learn and educate others about senior issues. A Senior Leadership Committee meets monthly to identify and address issues of seniors in this area and hosts an annual Senior Forum regarding housing, health care, recreation and other interests. A Senior Services Network meets quarterly and includes representatives from agencies serving seniors in this region. SUCCESS BY 6 114 Northwest a Northwest Hennepin region -wide initiative launched by the United Way to address the barriers to early childhood development so children will be successful at school and in life. This includes Working Toward Success, which connects businesses with information and resources for employees. NORTHWEST FAITH COLLABORATIVE a collaborative effort among community service agencies, schools, local faith communities and businesses in the northwest Hennepin area to foster community -based approaches to help people achieve stability and healthy independent living. TOBACCO -FREE COMMUNITIES in Minnesota engages residents in northwest Hennepin County to counter tobacco marketing in stores that influences youth to use tobacco. Youth serving organizations in the Lao, Hmong, African and African- American are community partners with 60 youth in a coalition that encourages youth leadership, positive peer influence and educates community members to counter tobacco marketing in stores that target youth. COMMUNI'11LS EMPOWERING YOUTH a new initiative to build the organizational capacities of youth serving community partners in Brooklyn Center, to engage the community in support of youth as a complement to the work already being done to address youth violence and gang activity, and to provide free capacity- building trainings for youth serving organizations in member cities. Also coordinates the regional Network 4 Youth. SOUTHEAST ASIANS LIVING CHEMICALLY FREE a 4 -year pilot program with Lao and Hmong partner organizations to develop and implement a culturally affirming model to support and maintain sobriety as well as eliminate long standing disparities in the availability, access to and quality of chemical health services. DIVERSITY INITIATIVES includes management team of the Joint Community Police Partnership and its Multicultural Advisory Committee; annual Diversity Calendar; translated resource information and resource tip cards. DOMESTIC VIOLENCE PREVENTION NETWORK OF NW HENNEPIN COUNTY a collaborative group of social service organizations, members of faith communities, education (North Hennepin Community College), League of Women Voters, interested citizens and violence prevention organizations raises awareness on a regional level, advocates prevention of domestic violence, and coordinates events such as annual candlelight vigil. Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 info ®nwhhsc.org www.nwhhsc.org elloo NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 1011614. Research, Planning, and Coordination of Human Services Value of Northwest Hennepin Human Services Council As a nonprofit incubator, NWHHSC responds to identified community needs to establish numerous programs in the NW Hennepin area that are now supported independently as part of the community networks. Examples include: Parents Anonymous, Domestic Violence Prevention Network, NW Family Services Collaborative, NW Neighborhood Investment Program, NW Hennepin Discover Program for families in transition, Community Action Partners for Suburban Hennepin, NW Chapter of Minnesota Senior Federation, Car Care Saturday ministry, NW Mental Health Center in Crystal, Home Free Shelter in Plymouth, Thorson Family Resource Center in New Hope, Point Northwest for Runaway Youth in New Hope, Community Corner Family Resource Center in Brooklyn Center, and Crisis Nursery in Golden Valley. NWHHSC coordinates numerous direct service providers through the various programs /committees and initiatives of the agency. For them we 1) are a conduit of communication to share ideas, discuss issues; 2) are a provider of data, trends, research and regional -wide perspective; 3) are a partner who can convene meetings around issues and projects and we are not in competition for the same clients or funds; 4) can bring new funding and partners to the table to begin new projects and initiatives, and be an incubator of new programs; 5) can partner with community entities to find new funding, write grants for collaborative efforts and/or fmd community support for these; 6) bring a regional voice to the issues and trends of the people who live in NW Hennepin County and the cities of NW Hennepin County. Area service providers, government officials and community members' comments regarding why NWHHSC is an integral part of the region include: NWHHSC is important because they are the one agency that has a vested interest in the success of our (direct service providers) work and can really step back from the day -to -day, and face -to -face work to show trends, convene partners and clients to develop new ideas for programs and services and accomplish it transparently on the behalf of the various groups and entities in the area because NWHHSC is not in contention for doing the direct service work, but here for the betterment of the whole. Doing the direct services and work, we know what things are missing, what we wish would happen. We just don't have the time to organize the community-wide or regional -wide effort that it takes to make systemic changes and bring about public awareness like NWHHSC does. NWHHSC is an agency that serves the broader region of the northwest cities without the barriers of districts, city boundaries, and service areas or has the limitations of serving only certain income levels, ages, or other strata. They give us the big picture. Communication between cities is essential to service coordination in the suburban area. Many cities cannot afford planning and coordination staff. For the suburban area, the planning councils are essential to the distribution of homeless prevention funds, facilitating the sharing and development of home loss prevention services among the communities, serving as a vehicle for information and resource sharing and capacity building among the various small social service nonprofit agencies serving the suburban area. Nonprofit providers now come forward to share, coordinate and maximize resources among the various suburban communities. Information is used to determine the proportionate distribution of service funds. Help develop cost effective solutions to problems and avoid duplication of services, thus meeting needs of funding organizations, service providers and residents. Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 info ®nwhhsc.org www.nwhhsc.org 110 NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL 1 4 Research, Planning, and Coordination of Human Services There is no better way to get commitment from a community than involving each sector that has a stake in the issue. Value the opportunity for dialogue and learning among agencies and organizations with similar constituents or areas of concern we are at the table for the long -range so can address problems that arise when implementing programs and services. Networking opportunities foster cooperation among community agencies, government, community we realize how important an issue is for all community members. PREVENTION emphasis rather than only intervention. Recognize needs of residents in planning process. Planning and coordination are necessary functions because ultimately we use resources more effectively and create a more solid foundation of services. Council's broad view not apply for funding in competition with area agencies. Familiarity with local needs and resources. We know we can call on NWHHSC to help us, whether it be for resources, projects, ideas, input, data and they know this area. NWHHSC is listening to us as a new community in the area and offering ideas and partnership. We need money too, but they are making sure we get funding for what we need to do and connect us to things we do not need to duplicate. Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers 6120 Earle Brown Drive Ste. 230 Brooklyn Center, MN 55430 (763) 503 -2520 fax (763) 503 -2510 info @nwhhsc.org ,www.nwhhsc.org 1/ NOI THtlVES' HENNEPIN HUMAN SERVICES COUNCIL P t R esearch, Planning, and coordination of Human Services A HISTORY OF ACCOMPLISHMENTS 1971: Service Providers and residents gathered for the first time to discuss gaps in services in the NW area 1972: Northwest Hennepin Human Services Council was established to address human services concerns in northwest area 1974: Hosted a Futuring Conference to develop NWHHSC's first strategic plan 1974: Received a $40,000 Planning Grant Contract from Hennepin County 1975: Nine area municipalities entered into a Joint Powers Agreement 1976: Regional needs assessment of area defined Youth Services as a priority 1977: Advisory Commission of residents representing local cities established 1978: Began coordinating (EAP) Energy Assistance Program. Youth Concerns Task Force advocated for youth diversion bill 1979: Advocated for a Community Action Program agency, which became CASH (now CAPSH). Senior center started in suburbs 1980: Collaborated to help form Home Free Shelter in Northwest Area 1981: Sponsored the first Mental Health Fair in the area 1982: Established Emergency Services Program and began delivering surplus commodities 1983: Organized Action Committees to address Family Violence, Mental Health and aging issues 1984: Conducted the first formal regional needs assessment 1985: Coordinated Regional Resource Fair for the community residents to highlight services 1986: City of Dayton joined the joint powers agreement. Emergency Phone cards were developed and distributed to residents 1987: Established the Senior Services Network 1988: Red Cross and NWHHSC co- located in a new building on Kentucky Avenue 1989: Started a Runaway Youth Initiative, now Point NW. Senior Leadership Initiative formed and hosted the first Senior Forum 1990: Success By Six® Northwest Program began. Domestic Violence Prevention Network was established 1991: Helped develop Thorson Family Resource Center in Crystal 1992: Five cities joined with NWHHSC to create CO -OP NW, a sub regional housing and advocacy initiative First Invest Northwest Awards to recognize citizens whose volunteer work significantly impacts the NW Hennepin Area 1993: Cadet Law Enforcement Program was launched, the Northwest Community Revitalization Corporation was created and Health Tip cards for Families were developed 1994: Organized and began coordinating the Northwest Hennepin Family Services Collaborative Northwest Suburban Remodeling Fair began 1995: CO -OP NW Community Revitalization Corporation completes handicap accessible housing units and starts NW Neighborhood Investment Program revolving loan plan for home improvements 1996: Facilitated Transportation Summit to explore transit concerns Brooklyn Center Resource Center opened its doors, which became Family Corner Success By Six® Northwest and NWHHSC brought Minneapolis Crisis Nursery to suburban Hennepin in Golden Valley 1997: NWHHSC was funded for the welfare to work initiative called Family Independence Network (FIN) 1998: Apartments Plus© started at Dover Hills to help create a more supportive community for lower- income apartment residents. Car Care Saturday started with Motorhead Ministry 1999: Work Force Initiative was developed through the Council and CO -OP NW City Managers to strengthen and diversify public service employees. Sponsored first Human Rights Art Contest for area middle school students. 2000: Minnesota Youth Tobacco Prevention Initiative partnership began with Hennepin County, area schools, youth programs and law enforcement to reduce youth tobacco use NW Faith Collaborative formed Community Forum bn Immigrants co- sponsored with Crystal Human Rights Commission which created action teams (over) 6120 Earle Brown Drive, Suite 230 Brooklyn Center, MN 55430 Phone: (763) 503 -2520 Fax: (763) 503 -2510 Email: info@nwhhsc.org Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL I L A Research, Planning, and Coordination of Human Services A HISTORY OF ACCOMPLISHMENTS Continued 2001: Started NW area Diversity Calendar Started Safe Kids Coalition partnership distributing car seats to low- income families 2002: CO -OP NW Work Force Initiative was instrumental in hiring 28 seasonal employees to diversify the cities' workforces Developed MN Senior Federation NW Chapter Hug -A -Bear project began; distributed 1,000 bears the first year to police and fire fighters to give to children during emergency situations Success By Six® Northwest became Grants Coordinator for First Books -MN distributing 15,000 books and $10,000 the first year; a total of 150,000 books have been distributed to local nonprofits serving children Working Toward Success program was initiated with area businesses interested in having supportive work environments and connecting employees with community resources 2003: Conducted regional Impact Survey to assess impact of budget issues on local non profit agencies Formed NW Safe Communities Coalition Collaborative regional program to reduce teenage pregnancies began with Hennepin County 2004: Hosted and facilitated initial community meetings that helped establish Joint Community Police Partnership 2005: Joint Community Police Partnership established Multicultural Advisory Committee Initiated "Getting at the Roots of Hunger", in partnership with CEAP— community members grow fresh food for food shelves Connected Center for Victims of Torture with West African faith communities and service providers Helped plan Voices of West Africa Conference in partnership with Liberian community, churches and regional service providers Co- sponsored first NW Job Fair with Hennepin County Work Force Center Success By Six® Northwest hosted Family Literacy night with Read Around Town Success By Six® Northwest hosted Children's Defense Fund Regional Forum 2006: Expanded Guide to Human Services as a PDF for use in police cars, clinics, agencies, faith communities and cities Success By Six® Northwest piloted two Community Conversations on School Readiness with the Osseo School District, publishing School Readiness booklets for parents in English and Spanish Senior Leadership committee sponsored senior housing study of Rogers which was coupled with the Metro Transit NW Regional Transportation Study 6120 Earle Brown Drive, Suite 230 Brooklyn Center, MN 55430 Phone: (763) 503 -2520 Fax: (763) 503 -2510 Email: info®nwhhsc.org Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research, Planning, and Coordination of Human Services A HISTORY OF ACCOMPLISHMENTS 1971: Service Providers and residents gathered for the first time to discuss gaps in services in the NW area 1972: Northwest Hennepin Human Services Council was established to address human services concerns in northwest area 1974: Hosted a Futuring Conference to develop NWHHSC's first strategic plan 1974: Received a $40,000 Planning Grant Contract from Hennepin County 1975: Nine area municipalities entered into a Joint Powers Agreement 1976: Regional needs assessment of area defined Youth Services as a priority 1977: Advisory Commission of residents representing local cities established 1978: Began coordinating (EAP) Energy Assistance Program. Youth Concerns Task Force advocated for youth diversion bill 1979: Advocated for a Community Action Program agency, which became CASH (now CAPSH). Senior center started in suburbs 1980: Collaborated to help form Home Free Shelter in Northwest Area 1981: Sponsored the first Mental Health Fair in the area 1982: Established Emergency Services Program and began delivering surplus commodities 1983: Organized Action Committees to address Family Violence, Mental Health and aging issues 1984: Conducted the first formal regional needs assessment 1985: Coordinated Regional Resource Fair for the community residents to highlight services 1986: City of Dayton joined the joint powers agreement. Emergency Phone cards were developed and distributed to residents 1987: Established the Senior Services Network 1988: Red Cross and NWHHSC co- located in a new building on Kentucky Avenue 1989: Started a Runaway Youth Initiative, now Point NW. Senior Leadership Initiative formed and hosted the first Senior Forum 1990: Success By Six® Northwest Program began. Domestic Violence Prevention Network was established 1991: Helped develop Thorson Family Resource Center in Crystal 1992: Five cities joined with NWHHSC to create CO -OP NW, a sub regional housing and advocacy initiative First Invest Northwest Awards to recognize citizens whose volunteer work significantly impacts the NW Hennepin Area 1993: Cadet Law Enforcement Program was launched, the Northwest Community Revitalization Corporation was created and Health Tip cards for Families were developed 1994: Organized and began coordinating the Northwest Hennepin Family Services Collaborative Northwest Suburban Remodeling Fair began 1995: CO -OP NW Community Revitalization Corporation completes handicap accessible housing units and starts NW Neighborhood Investment Program revolving loan plan for home improvements 1996: Facilitated Transportation Summit to explore transit concems Brooklyn Center Resource Center opened its doors, which became Family Corner Success By Six® Northwest and NWHHSC brought Minneapolis Crisis Nursery to suburban Hennepin in Golden Valley 1997: NWHHSC was funded for the welfare to work initiative called Family Independence Network (FIN) 1998: Apartments Plus© started at Dover Hills to help create a more supportive community for lower- income apartment residents. Car Care Saturday started with Motorhead Ministry 1999: Work Force Initiative was developed through the Council and CO -OP NW City Managers to strengthen and diversify public service employees. Sponsored first Human Rights Art Contest for area middle school students. 2000: Minnesota Youth Tobacco Prevention Initiative partnership began with Hennepin County, area schools, youth programs and law enforcement to reduce youth tobacco use NW Faith Collaborative formed Community Forum on Immigrants co- sponsored with Crystal Human Rights Commission which created action teams (over) 6120 Earle Brown Drive, Suite 230 Brooklyn Center, MN 55430 Phone: (763) 503 -2520 Fax: (763) 503 -2510 Email: info@nwhhsc.org Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Research, Planning, and Coordination of Human Seruices A HISTORY OF ACCOMPLISHMENTS Continued 2001: Started NW area Diversity Calendar Started Safe Kids Coalition partnership distributing car seats to low- income families 2002: CO -OP NW Work Force Initiative was instrumental in hiring 28 seasonal employees to diversify the cities' workforces Developed MN Senior Federation NW Chapter Hug -A -Bear project began; distributed 1,000 bears the first year to police and fire fighters to give to children during emergency situations Success By Six® Northwest became Grants Coordinator for First Books -MN distributing 15,000 books and $10,000 the first year; a total of 150,000 books have been distributed to local nonprofits serving children Working Toward Success program was initiated with area businesses interested in having supportive work environments and connecting employees with community resources 2003: Conducted regional Impact Survey to assess impact of budget issues on local non -profit agencies Formed NW Safe Communities Coalition Collaborative regional program to reduce teenage pregnancies began with Hennepin County 2004: Hosted and facilitated initial community meetings that helped establish Joint Community Police Partnership 2005: Joint Community Police Partnership established Multicultural Advisory Committee Initiated "Getting at the Roots of Hunger", in partnership with CEAP— community members grow fresh food for food shelves Connected Center for Victims of Torture with West African faith communities and service providers Helped plan Voices of West Africa Conference in partnership with Liberian community, churches and regional service providers Co- sponsored first NW Job Fair with Hennepin County Work Force Center Success By Six® Northwest hosted Family Literacy night with Read Around Town Success By Six® Northwest hosted Children's Defense Fund Regional Forum 2006: Expanded Guide to Human Services as a PDF for use in police cars, clinics, agencies, faith communities and cities Success By Six® Northwest piloted two Community Conversations on School Readiness with the Osseo School District, publishing School Readiness booklets for parents in English and Spanish Senior Leadership committee sponsored senior housing study of Rogers which was coupled with the Metro Transit NW Regional Transportation Study 6120 Earle Brown Drive, Suite 230 Brooklyn Center, MN 55430 Phone: (763) 503 -2520 Fax: (763) 503 -2510 Email: info@nwhhsc.org Brooklyn Center Brooklyn Park Champlin Corcoran Crystal Golden Valley Hanover Maple Grove New Hope Osseo Rogers Agenda Items Council City C° lb Member introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF CENTERPOINT ENERGY COMMUNITY PARTNERSHIP FOR A $2,500 GRANT TO PURCHASE EMERGENCY REPONSE AND SAFETY EQUIPMENT WHEREAS, CenterPoint Energy Community Partnership has established a program to support communities emergency safety efforts; and WHEREAS, CenterPoint Energy Community Partnership has received an overwhelming number of grant applications for this program; and WHEREAS, CenterPoint Energy Community Partnership has selected Brooklyn Center to receive a $2,500 grant to be used by the Fire Department for eight self contained breathing apparatus bottles; and WHEREAS, the City Council is appreciative of this donation and commends the CenterPoint Energy Community Partnership for making this funding possible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: ATTEST: RESOLUTION NO. 1. Acknowledges this donation with gratitude. 2. Appropriates this donation to the General Fund Fire Department activity budget. June 22, 2009 Date Mayor 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. CenterPoint Energy 5/8/2009 Mr. Curt Boganey City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Boganey: Thank you for submitting an application for a CenterPoint Energy Community Partnership Grant. We received an overwhelming number of applications this year for emergency response and safety equipment. I am pleased to inform you that a grant in the amount of $2,500 has been awarded to the City of Brooklyn Center for eight self contained breathing apparatus bottle. We would appreciate the opportunity to present the CenterPoint Energy Community Partnership Grant check at a council meeting in either June or July. Would you please provide the following information and fax to Suzanne Pierazek at 612 321 -4812. June or July council meetings: (1) Dates(s): (2) Time: (3) Location: (4) Name of contact and phone number to schedule attendance: We will coordinate with a CenterPoint Energy representative to attend and present the Community Partnership Grant check. Congratulations, and thank you for making safety a top priority in your community. Sincerely, Jean Krause Director, Community and Local Govemment Relations cc: Fire Chief Lee Gatlin 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459 4)038 City Council Agenda Item N 9a Recommendation: Background: Budget Issues: There are no budget issues. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist DATE: June 15, 2009 SUBJECT: Planning Commission Application No. 2009 -003 It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. On the June 22, 2009 City Council Agenda is Planning Commission Application No. 2009 -003 submitted by Holiday Station Store requesting a Special Use Permit and Site and Building Plan Approval to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North. This matter was considered by the Planning Commission at their June 11, 2009 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2009 -003 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. 6 -11 -09 Page 1 Planning Commission Information Sheet Application No. 2009 -003 Applicant: Holiday Companies Location: 5710 Xerxes Avenie North Request: Special Use Permit/Site and Building Plan Approval ACCESS/PARKING Application Filed on 6 -2 -09 City Council Action Should Be Taken By 8 -1 -09 (60 Days) The applicant, John Baregi of Holiday Companies on behalf of the owner of the property, Jay Showalter, is seeking site and building plan approval and a special use permit to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North on property addressed 5710 Xerxes Avenue North. The property in question is zoned C -2 (Commerce) and is 37,474 sq. ft. in area or .86 acres and currently contains a gasoline service station/convenience store with two canopy areas over the pump islands. It is bounded on the north by County Road 10; on the east and south by Brookdale Shopping Center (the Midas/Precision Tune building is adjacent to this site); and on the west by Xerxes Avenue North. The property is surrounded by other C -2 zoned property on the opposite sides of the abutting streets (County Road 10 and Xerxes Avenue) and PUD /C -2 zoned property for Brookdale. The site is also located in the CC Central Commerce Overlay District which acknowledges convenience stores and gasoline service stations as allowable uses. The proposed plan is to demolish the existing structures and to build a new 4,350 sq. ft. convenience store on the southerly portion of the site with five pump islands under a 30 ft. by 136 ft. canopy on the northerly portion of the site. Currently access to the site is gained from two access points on County Road 10 and one access point on Xerxes Avenue. The applicant plans to close the westerly access on County Road 10 and continue utilizing the easterly access on that right of way. The Xerxes Avenue access will basically be unchanged. They have reviewed their plan with Hennepin County which is in agreement with the access arrangement on County Road 10 and the applicant is subject to Hennepin County's permitting process. As mentioned previously, the existing building, canopy and dispensing stations will be demolished. Underground tanks will be removed and new tanks will be provided at the northeast comer of the site. Five new dispensing stations will be provided under a new canopy along the north side of the site. One of the site plans provided shows the ability for a gasoline transport to access, maneuver and exit the site given the location of the proposed structures on the new plan. Parking for the 4,350 sq. ft. convenience store is 24 spaces, not the 19 spaces calculated by the applicant and indicated on the site plan. This parking requirement is based on the retail parking 6 -11 -09 formula of 5.5 parking spaces per 1,000 sq. ft. gross floor area. The plan shows nine parking spaces located in the front of the building and seven parking spaces to the northeast of the building along the southeasterly property line. The applicant is requesting credit for a minimum of five parking spaces at the pump islands which are allowable giving them 21 spaces, three short of the minimum requirement. Additional parking (six 90 degree parking stalls or two parallel parking stalls) can be provided at the northeast corner of the site above the location for the relocated tanks. We don't believe it is necessary at this time to designate the spaces but the owner of the property should execute a "proof of parking agreement" acknowledging that they will install the necessary parking spaces up to 24 stalls if parking becomes a problem on the site as determined by the city. The building to be located on the south portion of the site will meet, or exceed all building setback requirements for this site. These setback requirements are 35 ft. from the Xerxes Avenue right of way or property line (front), 25 ft. from the County Road 10 right of way or property line (side corner). Ten foot building setbacks from the other property lines, which are interior property lines, are also required. The southeast corner of the building which is set back 3 ft. from the property line is an allowable encroachment into the setback requirement per Section 35 -400, Footnote 3d, which allows buildings setbacks for commercial and industrial buildings to be less than 10 ft. but not less than 3 ft. from not more than one interior lot line provided all other setback requirements are met, no accessory buildings are located within the remaining interior yard and the wall of the building that is less than 10 ft., conform with in all respects with the requirements of the State Building Code. Fifteen foot green strips between the property line of abutting streets and the parking and driving lanes are also required and are provided for on the site plan. The city is planning a 10 ft. wide trail along County Road 10 as part of the Streetscape Improvements Plan for this roadway. We have requested, and the owner has agreed, to provide an easement over approximately 7 ft. adjacent to the right of way and within the 15 ft. green strip for this purpose. We have also requested and the owner has agreed, to provide an easement along Xerxes Avenue for the area where bus benches and a shelter are located. Such easements shall be subject to the City Engineer's approval and should be provided prior to the issuance of building permits for this project. GRADING/DRAINAGE/UTILITIES The applicant has submitted grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works' /City Engineer. His written comments are provided and will be attached as part of the record for this application. The site is to be bound by B -612 curb and gutter and parking and driving areas will be bound by this as well except for a transitional area of B-412 curb and gutter located around a parking protector area at the northwest corner of the building. The City Engineer has agreed to allow this type of curb and gutter so that gasoline transports can negotiate this corner more easily when making deliveries to the site. Storm drainage will be collected in five new catch basins located around the site and connected to storm sewer within the County Road 10 right of way. Existing on site sewer and water connections will be abandoned with a new water line proposed to connect to the south side of the building and tied into the water main within the Xerxes Avenue right of way. Sanitary Page 2 sewer will be connected along the west side of the building and tied into an existing sanitary sewer at the northeast corner of the site. The site is under five acres in area and no Watershed Management Commission formal approval is required. LANDSCAPING The applicant has submitted a landscape plan in response to the Landscape Point System (copy attached) utilized by the Planning Commission to evaluate such plans. This .86 acre site requires 80 landscape points. They propose to provide a total of 106 landscape points, which exceeds the minimum requirement for the site. Five shade trees including two Northern Pin Oak and three Skyline Honey Locusts are planned. The Northern Pin Oak would be located within the green strip along Xerxes Avenue while the Honey Locust will be located in a 10 ft. green area along the easterly property line. Four Swiss Stone Pine (coniferous trees) are provided, three to the south of the new building and one in a parking protector area just to the northeast of the building and separating the two portions of the parking facilities. Four Autumn Brillance Serviceberry (decorative trees), three to the east of the building and one at the southwest corner of the site are shown on the plan. Fifty shrubs including Snowmound Spirea, Grey Owl Juniper, Marie Bugnet Shrub Rose and Little Blue Stem are provided as foundation plantings to the west of the building and in planting groups within the approximate 7 to 8 ft green strip located along County Road 10. Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of the City's Zoning Ordinance. BUILDING The applicant has submitted a floor plan and building elevations for the proposed new building. The building exterior will be primarily brick with rock face CMU along the lower portion of the building with an EIFS finish on the front with a dark bronze anodized display windows also on the front. The brick will be a Tudor blend (brown) with the rock face CMU a Vienna Brown color with the EIFS a white color. The canopy over the pump dispensers will not have an illuminated face but will have a colored white panel with a red and blue stripe. The columns supporting the canopy will be a brick enclosure. The underneath side of the canopy will light the area beneath it. LIGHTING/TRASH The applicant has also submitted a lighting plan indicating the proposed photometric plan for the site. It appears that they propose to provide six freestanding light standards around the perimeter of the parking lot and decorative wall mounted light fixtures on all four sides of the building. The photometric plan indicates that foot candles at the property line will not exceed one which is less than the minimum allowed by Section 35 -712 of the ordinance. Per the ordinance, all fixtures should be shielded and light directed on the site in such a manner as to avoid glare to 6 -11 -09 Page 3 abutting properties. The lights in the canopy should be flush with the canopy so that this light is concentrated on the site, again not creating glare off site. 6 -11 -09 Page 4 The trash enclosure area will be southwest of the building and be accessed off Xerxes Avenue. The plans indicate that the enclosure will be a brick/rock face CMU with 1 ft X 6 ft cedar board gates. The exterior material will match the existing building. The plan also indicates roof top mechanical equipment will be screened by texcote panels to match the color and texture of the EIFS on the front of the building. SPECIAL USE STANDARDS Gasoline service stations are special uses in the C -2 zoning district and as such must meet the special use permit standards contained in the zoning ordinance. The site has existed as a special use on this corner for many years and to our knowledge has complied with these standards during that time. We do not anticipate, given the plans as submitted, that the proposal will be in conflict with the standards for special use permits. These standards generally require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of the property in the immediate neighborhood, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. We believe that the applicant has in all cases met these standards with their new proposal. The access along County Road 10 is acceptable to Hennepin County and appears to be a better arrangement than what currently exists. It certainly does not appear that the operation will interfere with the use and development of neighboring property and the design and site layout meet standards required for building, parking and landscaping improvements on the site. The proposal will conform with all applicable regulations of the district in which they are located and no variances or special accommodations are required. In general, we would state that the proposal meets the standards for special use permits contained in the city's Zoning Ordinance. A public hearing has been scheduled with respect to the special use permit and notices have been sent to surrounding property owners. RECOMMENDATION We believe the plans are in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 6 -11 -09 Page 5 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The owner of the property shall enter into an appropriate trail easement within the green strip area along County Road 10 and an easement for the bus bench/shelter area along Xerxes Avenue as approved by the City Engineer prior to the issuance of building permits. 13. The owner of the property shall enter into a proof of parking agreement to provide up to 24 parking spaces on the site upon a determination by the City, to be constructed within one year, that such parking is needed. 14. The applicant shall obtain formal approval of the access arrangement along County Road 10 from Hennepin County Transportation Department and any necessary permits prior to the issuance of building permits by the City. MEMORANDUM DATE: TO: FROM: SUBJECT: June 4, 2009 Gary Gilpin Bruce Johnson, Engineering Technician Supervisor Holiday Station Store Plan Review (Public Works Requirements) The following items need to be revised and/or addressed pertaining to the review of Holiday Station Store site Phase 1 plans (plans dated 06/01/09 and stamped date received June 2, 2009): 1. On the Alta Survey provided by BDM, make existing curbing darker. 2. Permanent trail easement needed along north property line (minimum 2 -ft beyond back of trail). 3. Permanent trail easement around existing bus bench and landscape area is needed along Xerxes. 4. Storm sewer is proposed across County Road. Crossing must be perpendicular. 5. All utilities within public right of way must be shown in profile with all design parameters detailed. 6. Adjust proposed sanitary sewer service route to limit storm sewer crossings to one. 7. County permit is required for any work on County 10. 8. Submit plan to Hennepin County for review and approval. 9. Provide maintenance schedule and owner's manual for oil skimmer. 10. Remove all existing storm sewer, sanitary sewer and watermain /service line (internal and external to site) that is no longer needed for the proposed permanent systems. 11. Confirm needed and required size of water service. 12. If new water service is installed, the old service must be abandoned and removed at the existing watermain and new water service must be installed in the same trench. 13. Directional drill new water service, no open cut across Xerxes Ave. 14. Road repairs on Xerxes match existing, 6" class 5, 2" LVNW 35035B with 2 -2" lifts of MVWE 35035C. 15. Any concrete work on Xerxes must match color and finish. 16. Coordinate boulevard landscaping amenities within City and County right -of -way areas such as walls and plantings to match the theme on Xerxes. 17. Confirm nothing will be constructed within the required clear view sight triangle. 18. Site must be irrigated. 19. Coordinate grading plans with proposed Bass Lake Road project; grade the north boulevard, 4% green space, 2% trail and 4% green space, design parking lot to tie into those grades. 20. Boulevard section must include, 1.5 -ft colored concrete (from back of curb), 5 -ft green boulevard, 10 -ft trail, minimum 2 -ft green area. 21. Verify that pavement section is heavy duty through the truck path areas to support heavy fuel truck delivery. 22. Show silt fence around the entire perimeter and indicate erosion control measures for the apron removal on Bass Lake Road. 23. Install rock entries for both aprons. 24. Certified as -built survey must be provided to the City upon the completion of the project. This must be received prior to releasing the project performance bond. 25. Inspection for the site improvements must be performed by the developer's engineer. The developer's engineer must certify that the project was built in conformance with the approved plan in connection with the certified as- builts. The engineer must be certified in the state of Minnesota. Planning Commission Application No. 2009-003 CENTRAL R5 OVER LA 1/2 AV VE 1 NORTHPORI SCHOOL I 1 -.1 3.2 sy l:Ni.rit.',44:W 4 ,4•4„: -"•••-.4•4•• !•i••::4:; L;.1.47,4* R7 CON DIST v 4 LOGISMap Output Page Page 1 of 1 http: /gis.logis.org/LOGIS_ ArcIMS /ims ?ServiceName= bc_LOGISMap_O V &ClientVersion... 6/4/2009 Landscape Plantings will be provided on the site based on the point system indicated below: Planting Type Shade trees (Deciduous, Maple, Linden, Ash, Oak, Locust, etc) Coniferous Trees (Pine, Spruce, Cedar) Decorative Trees (Russian Olives, Radiant Crab, Canada Red Cherry, etc) Shrubs (Dogwood, Spirea, Mockorange, Juniper, Arborvitae, etc) City of Brooklyn Center Landscape Point System Minimum Size Points/Planting Max. of Points 2 %z" diameter 5' height 1" diameter 12" diameter 10 50 6 40 1.5 35 .5 25 Points Reauired Per Acre The following schedule will be used to determine the required number of points for a given site. The schedule is cumulative so that the first two acres of any site will require points on the basis of the column headed "0 -2 the next eight acres will be computed on the basis of the column headed "2 -10 and, area over ten acres will be computed on the basis of the column headed "10 Land Area of Site in Acres Type of Development 0 -2 2 -10 10+ Office 1 100 180 160 Restaurant Retail /Service/Entertainment /Hotels 80 60 40 Light Industrial 75 60 50 Heavy Industrial I 60 150 40 Office /Industrial (Over 25% office) I 90 70 50 Multi- Family Residential I 90 75 160 Examples Six acre office site 2 acres @100 plus 4 acres 80 520 points Fifteen acre retail/restaurant 2 acres 80 plus 8 acres 60 plus 5 acres 40 840 points 2. The above point system in no way substitutes for the screening and buffer requirements set forth in the Zoning Ordinance. Plantings used for screening purposes will be accorded points, but fulfilling the point requirements will not obviate the requirements for screening. 3. Mature existing trees will be accorded points on the basis of the above point schedule. A bonus equal up to the full value of a given planting may be granted by the Commission for the preservation of large existing plantings. 4. All green areas on a site will be sodded except in areas where viable turf exists and is totally undisturbed by construction. The burden will be on the developer to prove at the time of a site inspection that such viable turf, in fact, exists and has been properly maintained. 5. All greenstrips adjacent to an interior property line will be a minimum of 5 ft. in width except in cases where special buffer provisions apply. 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M 'Je ue3 L.M0oJ9 1$1 4F4 3}IOISNOIIVIS d. 1 y 3 T( t. t t, ta ttlf t (la 111,1 klk kk a r5y o�yf 1 ICI 1 P a SUOQ AGI3 ,open 14'0 'I 0-40 1 1 .1 I I3 1 KAI 17LI, 1 1 1 11 111 11 1 1 1[1 111111 1 11 11 '111 111 ri NIA1 uApiocue 31d01S1\101±V±S g 1 9 6 ff. 7 0, aOulAs suognal3 Acioueo J 9 2 0 0_ 4: z NW `Jelue3 uAijooa8 321O1SNOIld1S U U z 6 -11 -09 Page 1 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 11, 2009 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:06 p.m. ROLL CALL Chair Sean Rahn, Commissioners Joann Campbell- Sudduth, Kara Kuykendall, Stan Leino, Carlos Morgan, and Michael Parks were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Della Young was absent and excused. APPROVAL OF MINUTES MAY 28. 2009 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to approve the minutes of the May 28, 2009 meeting as submitted. The motion passed. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these •matters. APPLICATION NO. 2009 -003 HOLIDAY COMPANIES Chair Rahn introduced Application No. 2009 -003, a request for Site and Building Plan approval and a Special Use Permit to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North (5710 Xerxes Avenue North). The plan proposes to demolish the existing structures and to build a new 4,350 sq. ft. convenience store on the southerly portion of the site with five pump islands under a 30 ft. by 136 ft. canopy on the northerly portion of the site. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 6 -11 -09 for Application No. 2009 -003 and the Director of Public Works /City Engineer's report dated 6- 11 -09, attached.) PUBLIC HEARING APPLICATION NO. 2009 -003 There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2009 -003, at 8:03 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. John Baregi, Holiday Companies, introduced himself to the Commission. Commissioner Leino asked the applicant if there was a similar Holiday in the metro area that the Commission could look at. Mr. Baregi responded that a similar Holiday is located at Hwy 610 and Broadway Avenue. Commissioner Kuykendall asked if it is common for a transport to drive under a canopy. Mr. Baregi responded that Holiday has a minimum canopy height of 14.6 ft. which allows for adequate room for transports to go under the canopy. Chair Rahn asked if the station would be open 24 hours. Mr. Baregi responded that it is their intention to be open 24 hours. Commissioner Parks asked the applicant to address the need to push the building to the back of the property and create a smaller setback from the rear property line. Mr. Baregi responded that in order to keep their proto typical store building, it was best to place it on the lot in this manner especially with a site that is less than an acre. He added that to allow for proper orientation and circulation of vehicles around the pumps and traffic flow, this is the best possible layout. Mr. Warren added that the original plan submitted included a car wash which created an extremely tight site, so the car wash was omitted. Commissioner Campbell- Sudduth asked for clarification of traffic flow from Xerxes. Mr. Baregi replied that there would be adequate room to enter and exit from the two access points, one from Xerxes and the other off County Road 10. He added that their plan is to close the westerly access off County Road 10. Chair Rahn asked about the parking spaces on the site and if the proposed number would meet the needs of the customers. Mr. Baregi responded that the proposed layout on the site, will have adequate customer parking even though they will have less pavement and more green space than is currently on the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2009 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Morgan, to close the public hearing on Application No. 2009 -003, at 8:16 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Leino stated that he feels that the proposal being considered by the Commission will be a great improvement to the area. Commissioner Campbell- Sudduth asked when construction is scheduled to begin. Mr. Baregi responded that their plan is to begin in late July or early August 2009. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2009-003 HOLIDAY COMPANIES 6 -11 -09 Page 2 There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to recommend to the City Council that it approve Application No. 2009 -003, submitted by Holiday Companies, a request for Site and Building Plan approval and a Special Use Permit to redevelop a new convenience request station at the southeast corner of County Road 10 and Xerxes Avenue North (5710 Xerxes Avenue North), subject to the following considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The owner of the property shall enter into an appropriate trail easement within the green strip area along County Road 10 and an easement for the bus bench/shelter area along Xerxes Avenue as approved by the City Engineer prior to the issuance of building permits. 13. The owner of the property shall enter into a proof of parking agreement to provide up to 24 parking spaces on the site upon a determination by the City, to be constructed within one 6 -11 -09 Page 3 year, that such parking is needed. 14. The applicant shall obtain formal approval of the access arrangement along County Road 10 from Hennepin County Transportation Department and any necessary permits prior to the issuance of building permits by the City. 15. The owner of the property shall enter into an easement and agreement for the maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building pemits. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. The Council will consider the application at June 22, 2009 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM FARMER'S MARKET Mr. Warren explained that the Commission was being asked to discuss the possibility of allowing a Farmer's Market in an outdoor market type setting. Mr. Warren added that typically outdoor sales of merchandise is not allowed except for what is allowed under Administrative Land Use Permits. He further explained that the city does allow various garden centers (not an open air produce market) throughout the city as allowed with an Administrative Land Use Permit for a period of not more than 30 consecutive weeks. Other types of outdoor activities are allowed on commercial properties but are •lirnited to two permits per calendar year not to exceed ten consecutive days. Ms. Paome Yang, 5400 80 Avenue in Brooklyn Park, addressed the Commission and stated that she would like to operate a Farmer's Market at the Brookdale Parking lot on Sundays from June 21 thru October 18 on Sundays from 9:00 a.m. to 1:00 p.m. Mr. Warren explained to the Commission that what was before them was a consideration to allow an activity such as a Farmer's Market similar to what is allowed for garden centers under the Administrative Land Use Permit process. Commissioner Campbell- Sudduth asked if any research was done regarding how other cities have handled this type of request. Chair Rahn asked for some details from Ms. Yang regarding what kind of activities will take place at the Farmer's Market. Ms. Yang described to the Commission what area of the Brookdale parking lot the Farmer's Market will be located on. Commissioern Kuykendall asked for further information regarding what types of merchandise will be available at the Farmer's Market. Ms. Yang responded that she expects about 20 food produce booths and she is still looking for crafters and food vendors. She clarified that the food being sold will be locally grown. 6 -11 -09 Page 4 Chair Rahn asked Ms. Yang how the products will be displayed. Ms. Yang explained that each vendor brings in their own tent and sets up their own products for display and sale. She added that the vendors are responsible for clean up at the end of the day. Mr. Warren pointed out to the Commission that this is a proposed commercial activity and what the Commission should be considering is whether to amend the requirements for the Administrative Land Use Permit (which allows for outdoor sales of merchandise) based on the impact that the proposed activity will have on the commercial use in the area. Commissioner Campbell- Sudduth asked if Ms. Yang has considered using a space such as a parking lot at an apartment building or a school building and setting up the business on a temporary basis for ten days at a time. Chair Rahn stated that the alternative locations mentioned by Commissioner Campbell- Sudduth would create the same zoning concerns and Administrative Land Use Permits are only issued for commercially zoned property. Mr. Warren explained that the Commission's responsibility is to consider in what manner the city ordinances should be amended, if at all, to accommodate this type of use on commercially zoned property. Commissioner Leino stated that there currently is not a mechanism to allow this proposal to proceed beyond the ten day window. He added that this feels very rushed and more research needs to be done before any changes are made to existing ordinances. •Ms. Yang stated that she operates Farmer's Markets in other communities such as Brooklyn Park and St. Paul. Commissioner Morgan asked Ms. Yang how Brooklyn Park handles the zoning of a Farmer's Market. Ms. Yang responded that she does not know. Chair Rahn suggested that city staff gather more information to allow the Commission to better make a decision. Mr. Warren further cautioned the Commission from allowing a commercial type of use in a residential zone, specifically allowing the Farmer's Market on school property which is residentially zoned since this type of proposal would increase traffic in the area Commissioner Kuykendall suggested that an ordinance amendment be made to allow outdoor sales such as a Farmer's Market to operate the same as a nursery or garden center. Chair Rahn stated that he thinks it is important to first define what a Farmer's Market is and determine how other communities have handled them. Mr. Warren noted that it may be possible to allow a Farmer's Market at Brookdale during the time that Ms. Yang is considering with the cooperation of Brookdale Shopping Center. He noted that each tenant at Brookdale, or existing tenant space, is entitled to two ten -day permits. If Brookdale Management is agreeable to allow the use of the permits for spaces they own and/or control, than such permits could be issued and cover the period of time while ordinance amendment language could be •developed meeting Planning Commission and City Council concerns. 6 -11 -09 Page 5 Mr. Warren also suggested that the Commission consider an amendment to Section 35 -800 of the city ordinances which addresses out of door retail sales of nursery and garden merchandise for a period of 40 30 days, in commercially zoned property only, to also allow a Farmer's Market. He cautioned the Commission that by doing so, this would open up other types of activities on some of the vacant commercial properties in the city and that is why it is important to establish a definition for a Farmer's Market in the ordinance. Chair Rahn called for a motion supporting consideration of a Farmer's Market concept and to allow staff to develop a definition for a Farmer's Market and to research the topic in order to amend the ordinance to allow such a use. There was a motion by Commissioner Campbell- Sudduth, seconded by Commissioner Leino to direct staff to report back to the City Council that the Planning Commission supports the concept of a Farmer's Market and would like staff to further define the concept in the City Ordinance and to further develop recommendations for implementation under the Administrative Land Use process. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. OTHER BUSINESS Mr. Warren recommended that the June 25, 2009 be cancelled so that Commission members can attend the Earle Brown Days parade in light of the fact also that there are no business items for consideration. There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Campbell- Sudduth, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:35 p.m. Recorded and transcribed by: Rebecca Crass 6 -11 -09 Page 6 Chair City Cou ncil Age TO: FROM: DATE: SUBJECT: COUNCIL ITEM MEMORANDUM Curt Boganey, City Manager n ,`n Sharon Knutson, City Clerk (ef,/ W►' t_ -KNAT6r-ok, June 12, 2009 Resolution Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North Recommendation: It is recommended that the City Council consider adoption of a Resolution Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North. Background: At its May 11, 2009, meeting, the City Council held a hearing to consider the renewal rental license for 5301 Dupont Avenue North. (NOTE: I've attached the same documents that were included in the May 11 agenda packet for your reference.) Staff presented a report. The applicant was not present. Following the hearing, the City Council directed staff to prepare findings for non renewal of the rental license and draft said resolution for the next Council meeting. On Thursday, May 14, 2009, the applicant Spencer Ung called me to request another hearing before the City Council. He indicated that he had marked his calendar for Tuesday night, rather than Monday night. Mr. Ung e- mailed his request for a hearing on May 19, 2009. Mr. Ung was notified that the decision of whether or not a hearing would be rescheduled would be considered by the City Council on May 26, 2009. At its May 26, 2009, meeting, the City Council agreed to reschedule the hearing for June 8, 2009, to allow Mr. Ung to provide testimony. On May 27, 2007, due notice was given the applicant via a letter notifying that the City Council had considered his request and rescheduled the hearing to June 8, 2009. On June 8, 2009, the City Council reopened the hearing so the applicant could provide additional testimony. Following the June 8, 2009, hearing, the City Council directed City staff to prepare findings for non renewal of the regular rental license and draft said resolution for the next Council meeting. Budget Issues: There are no budget issues to consider. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH WHEREAS, the City received an application for renewal of a regular rental dwelling license from Ung Properties, LLP (hereinafter the "Applicant for the apartment complex at 5301 Dupont Avenue North in the City of Brooklyn Center (hereinafter the "Subject Property and WHEREAS, at the request of the Applicant, and upon due notice to the Applicant, the City Council held a hearing on May 11, 2009, on the question whether the Subject Property was eligible for a regular rental license, at which hearing the Applicant presented a written submission. At the request of the Applicant, the hearing was reopened so that the Applicant could present additional testimony on June 8, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that, after due consideration of evidence presented at the hearing, the City Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT 1. The Applicant owns and operates a six -unit multi family apartment complex on the Subject Property. 2. The regular rental license for the Subject Property expired on May 31, 2009. 3. The Applicant applied for a renewal license for the Subject Property on February 6, 2009. 4. Under City Code, Section 12 -901, paragraph 1, there are two types of licenses: regular and provisional. Provisional licenses are defined in City Code, Section 12 -913. 5. City Code, Section 12 -913, paragraph 1, provides in part that "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.... 6. By letter dated April 2, 2009, to Mr. Spencer Ung from Sharon Knutson, the Brooklyn Center City Clerk, the Applicant was advised that the regular rental license for the Subject Property would expire on May 31, 2009, that the average number of calls per unit at the Subject Property exceeded .65 in the RESOLUTION NO. one -year period from April 1, 2008 to March 31, 2009, and that therefore the City Manager would recommend to the City Council that the regular rental license at the Subject Property not be renewed. 7. By letter received by the City on April 16, 2009, Mr. Ung requested a hearing before the City Council on the question whether his regular rental license should be renewed. 8. The uncontradicted evidence presented at the hearing was that there were seven calls for service as defined in City Code, Section 12 -913 from April 1, 2008, to March 31, 2009, which is an average of 1.17 calls for service per unit during that one -year period of time. 9. Evidence was received from Mr. Spencer Ung that the calls for service resulted from problems at one unit and that Mr. Ung had removed the problem tenant. Mr. Ung also identified other management activities that would decrease the likelihood of calls for service in the future. However, although such activities may be the basis for granting a provisional license if they are part of an approved mitigation plan, and may result in a sufficient reduction in police calls to entitle the Subject Property to a regular license in the future, they are not a basis for concluding that the Subject Property is eligible for a regular rental license. 10. The Subject Property had an average number of calls per service during the period from April 1, 2008, to March 31, 2009, of 1.17 calls per unit, which is well in excess of the .65 calls per unit that results in loss of eligibility for a regular license. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: 1. The decision of the City Manager that the multi family residential rental complex at 5301 Dupont Avenue is not eligible for a regular license is affirmed. The Subject Property will not be eligible for a regular license until the average number of calls for service as defined in City Code, Section 12- 913 falls below .65 calls per unit for the preceding 12 -month period, in accordance with the City Code. ATTEST: RESOLUTION NO. 2. Following expiration of the current regular license on May 31, 2009, and until the Applicant qualifies for and receives a provisional license for the Subject Property, units becoming vacant may not be relet to other tenants, as provided in City Code, Section 12 -910, paragraph 10. 3. The City Clerk is directed to mail a certified copy of this Order to the Applicant. By Order of the City Council of the City of Brooklyn Center this 22nd day of June, 2009. June 22, 2009 Date City Clerk 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. Mayor The motion for the adoption of the foregoing resolution was duly seconded by member City Council Agenda Item No. lOb MEMO To: Curt Boganey, City Manager From: Patty Hartwig, Information Technology Director cNV Subject: Resolution Authorizing the Replacement of the City Telephone and Voice Mail System by Joining the LOGIS IP Telephony Service and Acquiring Hardware and Software off the State of Minnesota Contract at a Cost Not to Exceed the Budgeted Amount of $223,200 Date: June 17, 2009 Recommendation: City staff recommends that the Brooklyn Center City Council approve the attached resolution authorizing the City to join the LOGIS IP Telephony Service to replace the City telephone and voice mail system by acquiring hardware and software off the State of Minnesota State Contract at a cost not to exceed the budgeted amount of $223,200. Background: The City of Brooklyn Center purchased the municipal telephone and voice mail systems in June 1998 (City Council Resolution 98 -100) and the Police facility in May 1999 (City Council Resolution 99 -82). The current telephone and voice mail systems have exceeded their lifecycle, 8 -10 years, and are lacking features that are required by our employees and citizens. The City budgeted and approved the following funds for the replacement of the telephone and voice mail systems in 2009: Technology Fund (41000) $180,000 Earle Brown Heritage Center Capital Projects (40800) $30,000 Liquor Store Operations (49611 and 49612) $13.200 Total 2009 approved budget for telephone and voice mail replacement $223,200 Detail: The resolution outlines the City joining LOGIS to utilize the IP Telephony Service. LOGIS is a joint powers agreement association of which the City of Brooklyn Center has been a member since its inception in 1972. The City currently utilizes LOGIS for the following services: CIS Infinity Utility Billing application FleetAnywhere Central Garage Management application Geographic Information Systems (GIS) Citywide GIS applications include ArcGIS, LOGISMap, PIMA (Police Incident Mapping Application) Memorandum to CBoganey Page 2 June 17, 2009 JDEdwards Financial, Payroll, and Human Resources application PIMS /cs Permits, Code Enforcement and Business License application Printrak Police Records application Internet Access Property Data Property Data and Special Assessment application The City also utilizes the LOGIS Network Services group to assist in the management of the Local- Area Network (LAN which includes servers and PCs) and the Wide Area Network (WAN which includes switches, routers, fiber and connectivity to other organizations). LOGIS and its members, including the City of Brooklyn Center, did an extensive analysis of IP Telephony systems in 2007 and selected the Cisco Unified Communications platform. This platform is widely regarded as the industry leader in Enterprise IP Telephony solutions. From this platform, LOGIS built its IP Telephony service offerings. The LOGIS solution is based upon all members of the LOGIS IP Telephony Service sharing in the purchase, operations, maintenance, and upgrades of one common architecture housed at the LOGIS Golden Valley main and Brooklyn Center hot -site facilities. As with all LOGIS offerings, included in the IP Telephony Service is a functional disaster recovery plan. Members joining the IP Telephony service purchase their unique equipment and operate from these central systems. This strategy of one shared and managed service allows the members to purchase state of the art technology at very affordable prices and obtain access to features that may not be available if purchased on their own. But just as important, included in the costs are maintenance and capital replacement of the IP Telephony shared systems. This results in the members experiencing reduced ongoing costs around upgrades, support and enhancements as we continue to evolve with the latest advancements in technology. Current LOGIS members utilizing the LOGIS IP Telephony Service are: Golden Valley, Hutchinson, Maple Grove, Minnetonka, Richfield, Robbinsdale, St. Louis Park, and West Metro Fire. Recently one LOGIS member, the City of St. Louis Park, hired Elert Associates to consult and assist the City of St. Louis Park in defining their telephone and voice mail needs, prepare a Request for Bid, and assist with their system implementation. This bid was released in the second quarter of 2008 and a total of seven bids were received with only one that met the requirements. Memorandum to CBoganey Page 3 June 17, 2009 LOGIS submitted a proposal to St. Louis Park instead of a sealed bid. (Since LOGIS is a State of Minnesota joint powers agreement and consortium of governmental agencies the LOGIS members have not authorized LOGIS to issue bid or performance bonds.) St. Louis Park staff, with the guidance of their consultant Elert Associates, did an extensive analysis of the one vendor that met the bid requirements and the LOGIS IP Telephony Service. Transcend demonstrated the ShoreTel solution and LOGIS demonstrated the Cisco solution. At the St. Louis Park City Council meeting on December 15, 2008 their City Council rejected all bids and authorized staff to engage the services of LOGIS to replace their City campus telephone system. It was the consultant and telephone replacement committee's view that the value added brought by the LOGIS proposal will bring an overall longer term value advantage to the City of St. Louis Park. (Attached) Budget Issues: In the 2009 Legislative Session the State of Minnesota Legislation passed law (Session Law Chapter 101, Article 2, Section 92) encouraging all municipalities defined in Minn. Stat. 471.345 to utilize the state's contracts available under the Cooperative Purchasing Venture. Cisco equipment is on the State of Minnesota contract for a 42.5% discount from list price. In addition to purchasing off the State of Minnesota Contract Cisco is offering a onetime trade -in promotion until July 31, 2009 that the City of Brooklyn Center qualifies for. This trade -in program applies to the City's current telephone system, Mitel. With this promotion the City will save an additional 15% off the telephone and voice mail related products. These items must be ordered by July 31, 2009. I anticipate that purchasing the equipment under this promotion will result in $20,000 in savings. Currently the City pays time and material for their telephone and voice mail maintenance /support. The City eliminated the telephone and voice mail maintenance contract in 2001 due to budget cuts. While it has been cost effective, $5,000 budgeted annually; the City has been fortunate to have reliable hardware; however are numerous software versions behind, lack in having a system that meets operational demands and are taking a risk in having a potential costly hardware /software repair. The City will have an annual maintenance cost of $18,300 for the LOGIS IP Telephony application. This includes all software upgrades, equipment repairs and 24/7 support. Since the software and systems are continually upgraded, the City would only need to budget for replacement telephones when they reach their service life of 8 to 10 years. The City may always terminate their participation in any LOGIS service by submitting a letter by June 15 that will be effective the following year. Attachment if St. Louis Park MINNESOTA >lar Meeting ESA. Meeting Stacly Cession El Public Hearing 0 Presentation Action Item 0 Discussion Item Meeting Date: December 15, 2008 Agenda Item 8g Action Item p Consent Item Resolution Ordinance p Other. Resolution p Other. Written Report p Other: TITLE: Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211. RECOMMENDED ACTION: Motion to reject all bids and authorize staff to engage the services of LOGIS to replace the City campus telephone system, provide required hardware and software from the State (already bid) contract, and provide on -going telephone system maintenance services at a capital cost not to exceed $303,629. On -going maintenance services may be canceled with 7 months notice and obtained from an alternate managed service provider or provisioned with existing or additional in -house staff. POLICY CONSIDERATION: Does the City Council wish to continue with this initiative? If yes, does Council wish to do so by engaging services of LOGIS (Local Government Information Systems), a joint powers agreement association of which the City of St. Louis Park has been a member since its inception in 1972, or use a private vendor? BACKGROUND: At its July 21 meeting, Council received an update on plans to replace the existing PBX-based Nortel phone system, which serves most major City buildings including City Hall, Police Station, Fire Stations, MSC, Utilities, Recreation Center, and Nature Center. Since that time, Hamilton House has also become eligible to participate in the system upgrade due to a Housing Authority funded initiative. The Nortel telephone system was installed in the mid- 1980's and has been upgraded several times in the intervening 20+ years. The Nortel system has served the City well and has been quite reliable. However, the phone system is aging from a maintenance perspective and lacking features constituents increasingly expect. Reasons for replacement were detailed in the July 21 report. Since that time, Nortel as a company has been reported recently in the business news as struggling to compete effectively in the new Voice over Internet Protocol (VoIP) arena. That said, Nortel was certainly invited to submit a bid on this project and did so, in collaboration with Qwest. Elert Associates was selected as the consultant to assist the City in defining needs, preparing a Request for Bid, and assisting with system implementation. One of the steps in defining needs was to meet with various employee groups to solicit input on needs and features. More important, Elert learned more about current business practices in phone use. That process was completed in August. We also met with the City Council on August 11 and with the Telecommunications Advisory Commission on August 13 to gain perspective on phone system needs with those external to City Hall those who call into the system. We received some excellent input from both groups. In addition, a brief web survey was conducted during the month of September to provide an opportunity for input from anyone else who was interested. A total of 16 responses were received. By Meeting of December 15, 2008 (Item No. 8g) Page 2 Subject•. Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 far, the single most common request was to enhance the opportunity for the caller to speak with a real person easily and quickly, if needed. (More information on survey results may be obtained via request to staff.) DISCUSSION: Clearly, much work has been done collecting information about our existing infrastructure, phone use, and needs. The project reached the stage of issuing a Request for Bid (RFB) in September, and Council authorized same on September 15. This RFB took into account the feedback received, feature options requested, the business processes in various departments and for the City as a whole, needs, and cost. Feature options ultimately included will result in part from new technology that has new features built in as standard. More important, however, true value of new features is driven from how the City's business processes can be enhanced through the commitment to use those new features. Not all new features apply. Choices and trade -offs will be necessary, especially given a more challenging economic climate. Bids were received until October 29, and then vetted in the context of RFB specifications and feature alternates. Final recommendations provided in this report are based on the RFB specifications, feature alternates, costs, and a comparison with the option to have LOGIS provide similar services through the existing joint powers agreement and a hosted solution. Elea Associates continues to support staff throughout- these phases. As mentioned above, the City of St. Louis Park has been a member of LOGIS since 1972. Historically, 8 cities initially formed this joint powers agreement to share and lower the cost to individual cities for operating computer systems that helped automate business functions. In the 1970's, those applications were initially focused on financial, payroll, and utility billing systems. Since then, LOGIS has almost quadrupled the number of member cities and added several computer applications, training, and network services. There can be significant value added to cities whose culture is compatible with the notion of sharing costs, information, risks, and decision making. This requires that participating cities share sufficient common ground to get both their collective and individual needs met, not easy in a world of many alternatives and dominant culture of individualism. Newer phone systems (i.e., VoIP) are nothing more than one of the more recent computer applications. Modem telephone systems run over the same fiber optic network cooperatively built by the City, School District, and LOGIS and use networks within and between buildings to transport voice. This same fiber optic network is leveraged to transport data, video, and radio communications. Based on member city demand, LOGIS has gotten in the business of offering telephony services to its members, in a fashion similar to other computer applications. Only those member cities using telephony services pay for it. Current LOGIS cities using LOGIS telephony services include Maple Grove, Golden Valley, Robbinsdale, Richfield, and soon to indude Minnetonka and Hutchinson. One could ask why the City of St. Louis Park did not simply skip the bidding process and acquire new telephony services directly through LOGIS using the already bid State contract. The answer is twofold: City staff felt it important to bolster the credibility of this process by testing the market for alternatives and comparing the market results to LOGIS on all dimensions of the phone system Meeting of December 15, 2008 (Item No. 8g) Subject Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 including features, costs, redundancy and fault tolerance, and on -going system maintenance. In addition, City staff felt the private sector should be invited to bid as it may well be able to provide the best value for taxpayers and users of the phone system. Bidders and LOGIS were made aware of this comparison. As a result, LOGIS provided a proposal but no bid for such comparison. BID INFORMATION: Bids were received on October 29, 2008 for the Telephone System Replacement project. A total of seven (7) bids were received for the City's project (another 5 bids were received for the School District's telephone project). The bidding and bid opening was shared to reduce administrative costs for the City and School District. An advertisement for bids was published in the St. Louis Park Sun Sailor on September 25 and October 2, 2008. A summary of the bid results is as follows. Please note that all complete bids include all options and alternates except panic alarm buttons and reverse 911. Reseller Manufacturer _Capital Costs 5 -Year Cost (including Capital and Maintenance) Transcend ShoreTel D $298,867 I $344,489* Parallel Cisco $326,576 I $425,940 Marco Mitel 1 $353,124 1 $480,544 Voice Data Avaya 1 $530,283 $639,645 Disqualified Bids (for various reasons): Matrix NEC Integra Mitel Qwest Nortel LOGIS Cisco Proposal $303,629 $391,276 Page 3 *Includes pre payment of 5 years annual maintenance (assuming Council approval to exceed $300,000 capital budgeted for this project by over $44,000), with discounts in years 3, 4, and 5 for pre payment. Does not include any offsetting interest earnings loss to the City for pre payment or estimate of after -hours maintenance charges over 5 years. However, these represent real and somewhat unpredictable additional costs. *As a managed service, these are annual maintenance costs, can vary from year to year, and are spread over participating cities. For example, if more cities participate in the LOGIS telephone service, the per city annual maintenance cost can fall. In addition, annual maintenance covers 24 x 7 x 365 and no after -hours maintenance charges. Since maintenance is not pre -paid, there is no lost interest. The City currently pays approximately $25,000 per year in telephone maintenance charges. That is included in the Facilities Maintenance operations budget. Under the plan with LOGIS, annual maintenance costs are estimated to be approximately $22,000, a savings of $3,000 per year from current costs. Meeting of December 15, 2008 (Item No. 8g) Page 4 Subject Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 *LOGIS submitted a sealed proposal instead of a sealed bid due its nature as a State of Minnesota joint powers agreement and consortium of governmental agencies. As such, its members have not authorized LOGIS to issue bid or performance bonds. See Financial and Budget Considerations section below to see broader comparisons and considerations that have both financial and non financial implications. ANALYSIS: Staff and the consultant reviewed all of the bids submitted and tabulated the above results. The next step was to review the proposal submitted by LOGIS. Both the bid from Transcend and the proposal from LOGIS appeared to meet system requirements. Demonstrations were then held in late November with Transcend demonstrating the ShoreTel equipment and LOGIS demonstrating Cisco equipment. A major factor in the demonstrations was evaluating the structure, cost, and time availability of maintenance required for each offering. Other system specifications were also evaluated to ensure their inclusion. Both Transcend and LOGIS provided thorough and impressive demonstrations and information, answering all questions posed by the consultant and City project committee, composed of a cross section of departments. From the demonstrations, site visits, and references, it is clear that both systems are solid and can technically provide the basic service. A couple of major differences are that (1) with Transcend, maintenance costs could be pre -paid for 5 years (discounted) and capitalized with the system purchase, while paid annually with LOGIS from operational budgets; and (2) with Transcend, City employees would be responsible for staffing daily maintenance of the telephone system while with LOGIS, all maintenance can be provided by LOGIS staff and is induded in its costs. Transcend's ShoreTel system is one of the simplest to administer in the industry, while Cisco's is more complex. All system administration is provided by LOGIS and its several staff for the Cisco system. With Transcend, a portion of a City staff member's time is required for daily maintenance, while Transcend provides more complex site maintenance. More than one City staff member would also need to be trained and ready to provide such ShoreTel maintenance in the event of illness, vacation, etc. While Ci ty staff could conduct such maintenance, it would come at the cost of other City projects (opportunity costs) as no staff increases in Information Resources or Facilities Maintenance are contemplated in the foreseeable future. Moreover, Transcend's pre -paid maintenance contract is 8 a.m. 5 p.m. Monday Friday, with holidays, nights, and weekends available but at extra cost. The LOGIS maintenance is 24 x 7 x 365 for one annual cost. The LOGIS maintenance also includes unlimited labor for implementing existing system features or making system modifications. Meeting of December 15, 2008 (Item No. 8g) Subject Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 In addition to maintenance costs, staffing, opportunity costs, other key comparisons include: LOGIS /Cisco 1 Transcend/ShoreTel Call Center Call Accounting Conferencing and Web Ability to Record Web and Audio Conferences Recording Disaster Recovery (DR) Emergency Operations Center (EOC) User System Manager Training Speech Recognition Auto Attendant (press or say 1) Text to Speech Read Emails I Business Continuity with PSTN (Public Switched Telephone Network the public) Data Network and Management More robust call center package if the City had to manage this, it is a lot for the City to learn. With LOGIS, they manage it. The reports are also more robust. Included 30 ports of audio and 20 ports of web available and shared between members. More than 12 are available and increases would be the result of more member demand and absorbed in the monthly costs. The security is managed by LOGIS (less City staff time needed). Yes On demand is not standard LOGIS will be adding a recording system but not identified, so features not available there will be no additional charge. Can set up a DR or EOC site in any LOGIS city, at LOGIS, the LOGIS hot site, or anywhere LOGIS can get to the network Yes Yes If Integra lines installed, call can overflow on a busy or down condition to the lines at LOGIS. LOGIS knows and understands City data network now and can manage it directly. User training is sufficient, and includes time for user to experiment with phone set prior to cutover. Basic p kage that fits the needs of the City. Not included not required 12 ports more could be added if purchased the City has to manage the security (more staff time needed). Yes All users (who the City allows) can have record on demand. Plus, there is a recording device that is proposed for recording all calls, random calls, or buffering so on demand will record the entire conversation. Partial DR within St. Louis Park, assuming the core telephone system in City Hall is available. EOC also depends on core system availability Not yet available with ShoreTel Not yet available with ShoreTel Not available Transcend can install network but starts from a different point. They would also need permission to manage it each time needed for system fixes. They will train both users and in- house system managers on the system. Advantage LOGIS LOGIS LOGIS None Page 5 ShoreTel, until we have more exposure to the LOGIS offering LOGIS LOGIS LOGIS LOGIS LOGIS LOGIS Meeting of December 15, 2008 (Item No. 8g) Page 6 Subject: Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 CONSTRUCTION TIMELINE: System implementation with Transcend could likely be conducted as early as the January February 2009 (or later) timeframe. LOGIS can complete the project as early as the April May 2009 (or later) timeframe. Either time frame could work for the City. FINANCIAL OR BUDGET CONSIDERATION: The CIP has a total overall capital budget of $300,000 for this project. The Transcend capital bid is $298,867 and the LOGIS capital proposal is $303,629. This price includes all options and alternatives specified except panic buttons and reverse 911 services, which may or may not be obtained later, plus a 5% contingency. This bid and proposal pricing allows staff and Council to consider pricing differences for each significant feature, and the potential value of that feature now or as an add -on in the future. This is consistent with feedback received from the City Council that staff first seek a solid and reliable replacement telephone system, and recommend adding only those features that provide true and projectable value to serving constituents. Based on actual features used and maintenance required in the future, the total 5 -year cost to go with LOGIS could actually be either lower or higher than with Transcend. Approximately $100,000 in network upgrades is also projected. While these upgrades are necessary to support the new telephone system, these network upgrades ultimately support data, video, and radio traffic much more than voice traffic. As a result, these upgrades would be funded as part of planned (and now accelerated) network capital investments through the Capital Replacement Fund. With the LOGIS proposal, the replaced network equipment would be traded in for credit as part of the project. The total Transcend capital bid is approximately $4,800 and the 5-year cost approximately $47,000 lower than the LOGIS proposal, and includes capitalizing 5 years of maintenance through pre- payment. However, that assumes all options and alternatives are selected and counts no interest lost to the City for pre payment. With regard to alternates, it may well be that the number of EOC phones or uninterruptible power supplies purchased would be reduced. In that event, the LOGIS proposal and ShoreTel bid become almost indistinguishable regarding cost. On the other hand, other financial and non financial benefits offered by the LOGIS proposal (but not the Transcend bid) include: 1. Staffing:. Off loading from City staff system maintenance and opportunity costs, current and additional, caused by implementation of future features and their security 2. Predictable Maintenance Costs Coverage: 24 x 7 x 365 maintenance included in annual costs, avoiding after hours charges, and including support for additional features and security 3. Cost of Additional Phone Features: Sharing the cost of future features between participating cities (with the trade -off that decisions must be shared with other cities), or Si. Louis Park can pay for those features on its own 4. Current Feature Set Strong call center, call accounting, and conferencing and web collaboration included (ShoreTel was not asked to include call accounting, but this is a feature typically in the $5,000 $8,000 range plus maintenance) 5. Disaster Recovery and Emergency Operations Center Support: Full disaster recovery and EOC at multiple City sites, metro locations, and a LOGIS hot site Meeting of December 15, 2008 (Item No. 8g) Subject•. Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 Page 7 6. Communications with the Outside World: LOGIS has backup lines to the phone system used by the public to communicate with the City that allows Bill functionality in the event our main line fails. 7. Future Feature Set Use Voice recognition and text -to- speech capabilities come with the LOGIS Cisco solution (not required but also not available with ShoreTel) 8. Sunoort Services: Higher levels of support for business continuity, network management, and cutover to new system use. For example, one call to LOGIS for troubleshooting telephony or data network issues versus calling a private provider for some issues, LOGIS for others, and mediating between multiple network maintenance providers saves times and serves customers quicker and more effectively. 9. Future Synergies: Unpredictable future synergies between the voice network and data network, which is already managed by LOGIS 10. User Groups: As with other LOGIS applications, the opportunity for staff from various LOGIS cities to meet and share tips, knowledge, and support for system feature set Transcend ShoreTel has a robust on demand call recording system, a feature which LOGIS is going to add soon. Other LOGIS cities are requesting call recording features similar to those requested by St. Louis Park. There would be no additional capital cost to the City of St. Louis Park for this feature. While some of the additional capabilities described above are optional and not necessary to install a basic telephone system, staff felt it important that Council be aware of these value added features currently available only through LOGIS. They in fact represent many of the reasons that 30 cities, including St. Louis Park, formed LOGIS for technology related services. Should the City of St. Louis Park decide to ever terminate its membership in LOGIS or the telephony service, it could also keep the Cisco equipment and software licenses purchased and retain another managed service provider, or acquire additional equipment and staff and manage the telephone system in house. CITY SCHOOL DISTRICT COLLABORATION: The City Council requested staff to continue to consider ways in which the City and St. Louis Park Schools can collaborate to enhance joint effectiveness and efficiency in investment of taxpayer dollars. Thus, it is worth noting that the St. Louis Park School District is also planning replacement of its existing telephone system based on results of the November referendum and funding. Staff discussions occurred among City, Schools, and consultant staff to determine whether any synergies or economies of scale exist should the City and Schools collaborate in some form on acquisition of replacement telephone systems. Some efficiencies were already realized in the joint bidding process and sharing the same consultant. There is much to consider in a collaborative process of this complexity. As a result of the joint bidding process, the School District is also currently considering 2 3 vendors in its analysis. Because the School District currently administers its own phone system, and LOGIS did not make a proposal for the School's phone system, the School District is considering vendors primarily relative to costs and ease of management. Contrary to the Schools, the City currently outsources most management of its phone system. Potential benefits if both the City and Schools used the same provider could include sharing spare equipment, backup facilities, and staff knowledge. Potentially, the City and Schools could also develop joint phone protocol to Meeting of December 15, 2008 (Item No. 8g) Subject Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 Page 8 minimize the difference in what callers hear when contacting each agency. Whatever choices are made, the City and Schools will continue to collaborate on this and other technology related projects whenever it makes sense. And, by the City participating in the LOGIS phone service, the City is collaborating with several other municipalities to share costs, risks, features, interoperability, and information. RECOMMENDATION: It is clear that Transcend and LOGIS both have solid telephone system options. Both could meet the basic telephone needs of the City. Transcend is in the private sector, but has been able to provide performance bonds for even recent projects in a turbulent economy. LOGIS is owned by its member cities and in good financial condition according to recent financial reports. Staff felt it was responsible to determine what the market could offer. Staff felt it was also responsible to determine what is available through the LOGIS joint powers agreement. In this particular case, it is the consultant and phone replacement committee's view that the value added brought by the LOGIS proposal more than offset's the $4,800 and $47,000 five -year cost advantages of Transcend. For example, the cost of building our own hot site, duplicating telephone equipment and infrastructure necessary for such a site, testing, and managing the site alone would likely exceed the 5-year cost difference. That is just one example from the list above. The Iikelihood that the core phone system will be kept much longer than 5 years only enhances the LOGIS value added. The City Attorney has confirmed that the City may reject all bids (as indicated in the Request for Bid). It is staff's view that this should be done only when all bids are deemed incomplete or irresponsible, or there is a better option. While the Transcend ShoreTel solution is a very good one, for the reasons stated earlier in this report, staff feels the LOGIS option with Cisco equipment brings an overall longer term value advantage to the City telephony system management and, more importantly, the well being and safety of its stakeholders. In addition, the LOGIS managed services solution minimizes the potential need for additional staffing resources, especially important during these economic times. If the City Council also sees similar value in what LOGIS offers, staff recommends the action stated at the beginning of this report as the most responsible action. If Council does not see such value, staff recommends that Council authorize staff to execute an agreement with Transcend for a replacement telephony system in an amount not to exceed $344,489 (includes prepaid maintenance). VISION CONSIDERATION: Community connections can be enhanced with a robust and well managed phone system. Attachments: Prepared by: Approved by: None Clint Pires, Chief Information Officer Tom Harmening, City Manager City Council Meeting -7- December 15, 2008 8g. Bid Tabulation: City Building Telephone System Replacement Project Project No. 2008 -0211 Mr. Pires presented the staff report on the system project, which has an expected delivery date of May 31, 2009, at a cost of $296,000 to $303,629. Council questions of darification were answered. It was moved by Councilmember Finkelstein, seconded by Councilmember BasilL to reject all bids and authorize staff to engage the services of LOGIS to replace the City campus telephone system, provide required hardware and software from the State (already bid) contract; and provide on- going telephone system maintenance services at a capital cost not to exceed $303,629. On-going maintenance services may be canceled with 7 months notice and obtained from an alternate managed service provider or provisionedwith existing or additional in -house staff The motion passed 7-0. Mayor Jacobs thanked City staff and the committee and commented that it will be important and good to add personal contact into the communication calculation. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING THE REPLACEMENT OF THE CITY TELEPHONE AND VOICE MAIL SYSTEM BY JOINING THE LOGIS IP TELEPHONY SERVICE AND ACQURING HARDWARE AND SOFTWARE OFF THE STATE OF MINNESOTA CONTRACT AT A COST NOT TO EXCEED THE BUDGETED AMOUNT OF $223,200 WHEREAS, the City of Brooklyn Center has been a member of LOGIS, a joint powers agreement association, since its inception in 1972; and WHEREAS, the City Council approved the 2009 Budget which included $223,200 for the replacement of the telephone and voice mail systems; and WHEREAS, the State of Minnesota encourages all municipalities to utilize the State's contract available under the Cooperative Purchasing Venture; and WHEREAS, it is in the best interest of the City to have IP Telephony Services from LOGIS and purchase hardware and software off the State of Minnesota Contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager are hereby authorized and directed to join the LOGIS IP Telephony Service and acquire hardware and software off the State of Minnesota Contract at a cost not to exceed the budgeted amount of $223,200. ATTEST: Technology Fund (41000) $180,000 Earle Brown Heritage Center Capital Projects (40800) $30,000 Liquor Store Operations (49611 and 49612) $13,200 $223,200 June 22, 2009 Date Mayor 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. lOc COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: June 1, 2009 SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2009 -05, 15 and 16, Contract 2009 -B, Shingle Creek Parkway and 69 Avenue Street Improvements, Central Park Trails (West) Improvements and 2009 Miscellaneous Trail Improvements. Recommendation: Staff recommends that the City Council authorize the attached resolution approving plans and specifications and authorizing the advertisement of construction bids for Shingle Creek Parkway and 69 Avenue Street Improvements, Central Park Trails (West) Improvements and 2009 Miscellaneous Trail Improvements. Background: On July 14, 2008, the City Council ordered the improvements for the Shingle Creek Parkway and 69 Avenue project and directed staff to prepare plans and specifications. Construction plans, specifications and contract documents have been prepared for this project and one additional 2009 Capital Improvement Program project, the Central Park Trails (West) Trail Rehabilitation. Also, the rehabilitation of miscellaneous Citywide trails and sidewalks is included as part of this project. Staff is prepared to begin the project bidding process upon authorization from the City Council. The bidding process would involve advertisement of the project in the City's official newspaper and in the Construction Bulletin magazine. Sealed bids would be collected, opened on a scheduled bid opening date, and tabulated by the City Clerk and City Engineer. Staff anticipates that the bid results will be presented to the City Council for consideration in July /August 2008. Budget Issues: The total project cost is estimated to be $1,115,000. Funding sources for the project are the Municipal State Aid fund ($948,000), the Capital Projects fund ($140,000) and the Operating budget for trail maintenance ($27,000). adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2009 -05,15 AND 16, CONTRACT 2009 -B, SHINGLE CREEK PARKWAY AND 69 AVENUE STREET IMPROVEMENTS, CENTRAL PARK TRAILS (WEST) IMPROVEMENTS AND 2009 MISCELLANEOUS TRAIL IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2008 -74, established Improvement Project Nos. 2009 -05, 15 and 16, Shingle Creek Parkway and 69 Avenue Street Improvements, Central Park Trails (West) Improvements and 2009 Miscellaneous Trail Improvements; and WHEREAS, plans and specifications have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: ATTEST: 1. The plans and specifications for Improvement Project Nos. 2009 -05,15 and 16 are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. June 22. 2009 Date Mayor 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. F 0. 0 X z La l i-NnelmilleLAN P z F, t 18 o a 87 Nam Pl 0 oi d",...: d a Z a CO Z O. I.- 4 it 0< .1 r0 4 Cr 2 I- ff. r, 0... o §m NO M .0 0 0 C'.- Z 4 00 a 0 6 w 134 m i DP r Li 00 ?6 CLUJ VI Z CO 0 IX 0 M 0 R E,Ita' ZLiZ 1 T z M .J 0I 1.1 a E C l 3 8 IW Z O. P73 St); 51 ZzdV. 0 W—R ril iM a a C) ffi mm >-I 0 u_ El oce 0 0 1%34 171 e o 111111 1 a a•••. •-r, 40 i i ii a lliti I MO, Wi g Rip 4:104>wa 0 li a 1 1 agl2g11 12 i N bEg 10 ‘.1 01 Lia a.:a.a.E.8 a .a 25511EENV6 :VII' 1411 ern Hi et 0 01 g 0 ia a kr I h 111 111 1 8 11 1 11 4100 Ig!IN 00 I inch c.10 77 o 0 a: 0; uS vi 0 g vil Agenda horl� g ent Aft EDA MEETING City of Brooklyn Center June 22, 2009 I. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call AGENDA 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. June 8, 2009 Regular Session III 4. Commission Consideration Items a. Resolution Expressing Appreciation for the Donation of CenterPoint Energy to Encourage Energy Audits in the Vacant Foreclosed ReNew Housing Program Requested Commission Action: Motion to adopt resolution. 5. Adjournment EDN enda Item 3a 1. CALL TO ORDER MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tim Willson at 8:37 p.m. 2. ROLL CALL REGULAR SESSION JUNE 8, 2009 CITY HALL COUNCIL CHAMBERS President Tim Willson and Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Executive Director Curt Boganey, Director of Fiscal Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant to the City Manager/Director of Building Community Standards Vicki Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. May 26, 2009 Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2009 -10 AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO REAL ESTATE OPTION AGREEMENT (FBI REGIONAL FIELD OFFICE) Director of Business and Development Gary Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution. Commissioner Roche moved and Commissioner Lasman seconded adoption of RESOLUTION NO. 2009 -10 Authorizing Execution of a First Amendment to Real Estate Option Agreement (FBI Regional Field Office). Motion passed unanimously. 06/08/09 -1- DRAFT 5. ADJOURNMENT Commissioner Lasman moved and Commissioner Yelich seconded adjournment of the Economic Development Authority meeting at 8:41 p.m. Motion passed unanimously. 06/08/09 -2- DRAFT EDA Agenda Item No. 4a Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF CENTERPOINT ENERGY TO ENCOURAGE ENERGY AUDITS IN THE VACANT FORECLOSED RENEW HOUSING PROGRAM WHEREAS, CenterPoint Energy has presented a two hundred fifty dollar ($250) donation to the Economic Development Authority (EDA) to encourage energy audits in the Vacant, Foreclosed ReNew Housing Program; and WHEREAS, the EDA is appreciative of this donation and commends CenterPoint Energy for this donation NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota we, 1. Acknowledge and receive this $250 donation from CenterPoint Energy. 2. Appropriate these funds to the EDA ReNew Program Budget. June 22, 2009 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. CenterPoint® mw Energy June 9, 2009 Mr. Curt Boganey City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Boganey: 800 LaSalle Avenue PO Box 59038 Minneapolis, MN 55459 -0038 I am pleased to enclose CenterPoint Energy's contribution of $250 to the City of Brooklyn Center to encourage residential energy audits in vacant and foreclosed homes. As you recall, the idea of ensuring that vacant or foreclosed homes be as energy efficient as possible prior to bringing them back onto the market, sprang from the recent brainstorming meeting with you, Gary Eitel and Vickie Schleuning. As a result, the idea was passed along to our contribution committee and subsequently approved (congratulations)! CenterPoint Energy is committed to being involved in the communities we serve. Our goal is to support programs that help enrich communities making them better places in which to live and work. It is our pleasure to support your request, and we wish you continued success. Al Swintek Local Government Relations 612 -321 -4799 Enc. Work Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 22, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. 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. Watershed Annual Budget Review 2. Super America Security Final Report 3. 2010 Budget Preparation Process 4. EBHC Link Update 5. Rental Ordinance Amendments Council Chambers City Hall PENDING LIST FOR FUTURE WORK SESSIONS July /August 1. Robbinsdale School District Elementary School 2. Strategic Plan Goals Outcomes Success Measures 3. TIF Districts Update a. Brookdale Mall Update 4. 57th and Logan Update 5. Bass Lake Road Update 6. Administrative Fines Update 7. Walking Tours EBHC 8. Crime Mid -Year Report 9. Curbside Clean Up Program —Jim Glasoe Later /Ongoing 1. Strategic Outcome Reports 2. Department Year End Reports 3. Legislative Update 4. Community Schools Update 5. 2011 Brooklyn Center Celebration Status Report 6. Center Pointe Apartments Update 7. Neighborhood Designations 8. Utility Rate Changes NTsi oak Session Men a item No. 1 MEMORANDUM COUNCIL WORK SESSION ITEM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: June 17, 2009 3g. SUBJECT: Shingle Creek and West Mississippi Watershed Management Commission's 2010 Operating Budgets Council Action Required: No action is required unless the City Council desires to object to the proposed 2010 operating budgets for the Shingle Creek and West Mississippi Watershed Management Commissions. Background: The Joint Powers Agreements (JPA) for the referenced commissions provide that a member city may object to the operating budget by giving written notice to the Commission by August 1 of the preceding year. If objections are received, the Commission will hear the objections and "may" modify the budget. The most recent JPA amendment set an "assessment cap" on the administrative budget. Assessments above the cap require city council approvals from a majority of the member cities. The proposed assessment for 2010 does not exceed the cap. Shingle Creek Watershed The proposed Brooklyn Center assessment for 2010 is $37,100 a slight increase from the 2009 assessment of $37,009. The total operating budget for 2010 is $298,100 a decrease from $433,870 in 2009. The total proposed budget including capital improvement projects for 2010 is $449,260 compared to $693,170 in 2009. However, it should be noted that the final approval of the 2010 capital improvement projects that occurs later this year will amend the total proposed budget amount. West Mississippi Watershed The proposed Brooklyn Center assessment for 2010 is $13,528, a decrease from 2009 assessment of $13,963. The total operating budget for 2010 is $140,900 an increase from $135,600 in 2009. There are no capital improvement projects planned in 2010 and were none in 2009. There are no noted objections to the proposed budgets from the City's watershed commissioner and none from City staff. Council Policy Issues: Does the City Council choose to object to the proposed Shingle Creek and West Mississippi Watershed Management Commission's 2010 operating budgets? City of Brooklyn Center/ SCWMC 639W Cost Share Agreement Shinc reek Watershed Management Commission May 29, 2009 Mayors Member Cities Shingle Creek Watershed Management Commission Hennepin County, Minnesota RE: Shingle Creek Watershed Management Commission 2010 Operating Budget 3235 Fembrook Lane N Plymouth, MN 55447 Phone (763) 553 -1144 Fax (763) 553 -9326 At its May 14, 2009 meeting, the Shingle Creek Watershed Management Commission adopted its general fund budget for calendar year 2010. Details of the budget are outlined below. Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a member city may object to the budget by giving written notice to the Commission before August 1, 2009. If any objection is received, the Commission will hear the objections and may modify the budget. An amendment to the Joint Powers Agreement also sets an "assessment cap" on the Commission's administrative budget. The budget cap can only be exceeded if the city councils of a majority of the Commission members adopt resolutions approving the higher assessment prior to September 1, 2009. The 2010 budget adopted by the Commission DOES NOT exceed the budget cap. In fact, the 2010 budget includes a slight decrease in total assessments to the member cities. A spreadsheet showing each member's share of the annual assessment is attached. The 2010 budget continues existing activities while adding two new items: Water Quality Monitoring Report. The Shingle and West Mississippi Watershed Management Commissions annually publish a Water Quality Monitoring Report, which has been funded entirely by Shingle Creek since, in the past, West Mississippi activities have been minor. However, activities are increasing, the Commission is taking on responsibility for evaluating progress toward TMDL goals, and the annual report is being revised to be more comprehensive and to also include a record of Best Management Practices undertakers in the watersheds. As the lake and stream TMDLs move toward completion, implementation, and adaptive management, it will become more important to have assembled a record of these activities. In the past this report has been written from funds remaining in the stream monitoring budget at the end of the year. Because of the importance of this report in the coming years, the Commission has approved a new budget line item specifically for this report, both to highlight its prominence and to establish reliable funding. $5,000 budgeted for the chloride TMDL annual report and $5,000 from the stream monitoring budget, or a total of $10,000, were reallocated to fund this line item. The West Mississippi WMC added a new $2,000 line item for its share of the report. Management Planning. The Commission annually budgets $15,000 for management planning. In the past, these funds have been used to complete the Water Quality Plan; Shingle Creek and Shingle Creek/ Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale Shin reek 2010 Operating Budget May 29, 2009 Page 2 West Mississippi tributaries corridor studies; lake implementation and management plans; and development of an updated and refined P8 model for the watershed. In 2010 Management Planning funds are targeted for completion of the Wetland Management Plan. In April 2008, the Commissioners discussed long term planning, including the major activities to be considered to ramp up to the Third Generation Plan. These are: 2009 Cities complete wetland functions and values assessments Complete Wetland 639W feasibility study and plans and specifications DO/Biotic Integrity TMDL and Implementation Plan development Begin development of P8 models for the two watersheds 2010 Wetland Management Plan, including identification of wetland restoration opportunities DO/Biotic Integrity TMDL and Implementation Plan approval Lake vegetation/fish surveys Wetland 639W restoration 2011 Third Generation Plan development and Rules and Standards update 2012 Third Generation Plan approval process Chloride TMDL Implementation Plan Five Year Review In -depth lake monitoring Pages 4 -6 of this letter contain the 2010 Operating Budget approved by the Commission. The line items included in the budget are discussed below: A further explanation of the activities undertaken by the Commission may be found beginning on page 6. Revenue. Line I Explanation 1 The Commission increased its application fee structure for 2006 with the intent to recover a greater share of the cost of project reviews. While the revised structure does not fully fund that activity, it appears to be recovering a greater share. Given the economy and the lesser rate of development and redevelopment, project review activity in 2010 is expected to be less than past years and no change to the fee structure or expected revenue for 2010 was approved. 3 The Commission uses the 4M fund to manage its funds. Interest rates are very low and likely to remain so. Expected interest income was reduced to $3,000. j 1 4 1 The approved assessment of $304,400 is slightly Tess than the 2009 assessment of $304,470. 6 Commission technical and administrative staff have been providing services to the Joint EPOC for the last few years. Starting in 2010 Elm, Bassett, and Pioneer -Sarah Creek will be requested to help fund those services. 7 -19 Grant and other funds received, generally for special studies or projects. Grants are often reimbursement grants, so revenues and expenses may not always "match uo." 20- These lines are the Commission share of capital projects listed in the CIP for public hearing in 2009 for 22 construction and levy pay in 2010. These' projects must be considered through the public hearing process prior to being ordered. The Commission must take additional affirmative action to order these projects and expend these funds. Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale Expenditures. 2010 Operating Budget May 29, 2009 Page 3 Line 1 Explanation 24 These line items are to provide administrative support (scheduling, minutes, etc) for regular TAC meetings 26 and any special TAC, TMDL or other meetings that require administrative support, as well as general administrative duties such as notices, mailings, and correspondence. 28 This line item includes general engineering support. As the Commission continues to be successful in obtaining grant funds and TMDL funding, there is an increasing amount of work involved in managing the projects that is not included in the grant funding. Activities such as developing work plans, biennial reporting, and negotiations with granting agencies are funded from the general engineering budget, and that level of activity is expected to continue. Actual expenditures have exceeded the budget in 2007 and 2008. The budget increase proposed for 2010 would more closely align with the current level of activity. 34 This line item also funds review of Local Water Management Plans and Comprehensive Plan amendments and updates, as well as general inquiries about upcoming projects. 43 This line item is the cost of collecting and analyzing the road salt application data provided by road authorities in the watershed as part of the chloride TMDL implementation progress evaluation. In 2010 this will be rolled into line 49, Annual Monitoring Report. 44 The Commission will conduct an evaluation of the prewetting equipment's effectiveness at reducing chloride loading as part of the prewetting grant activities. 45- No adjustments to the volunteer lake, wetland, and stream monitoring budgets are anticipated. 47 49 This new line item is funded by reallocating budgets from the stream monitoring line item and the annual chloride TMDL report (see above). 50 The cost of the Education program is split 50/50 between Shingle Creek and West Mississippi. A modest increase in the budget reflects a greater emphasis on education and outreach in TMDL implementation. 54 1 The cost of private salt applicator workshops. The Commission's share was funded from a grant match fund. 60 The Commission budgets funds annually to prepare management plans, such as the Shingle Creek Corridor Study, Phase [I Stream Assessment, Chloride TMDL Implementation Plan, Lake Management Plans, and the P8 model. Funding will be continued at the same level in 2010 for the Wetland Management Plan (see above.) 61- The costs associated with grant- funded studies and special projects. 65 66- These line items are the Commission share for capital projects certified to the county levy. These projects 71 must be considered through the public hearing process prior to being ordered. The Commission must take additional affirmative action to order these projects and expend these funds. This action includes: adopting the Major Plan Amendment that includes the revised CIP; receiving a request from the affected member city(ies) to consider the project; providing public notice ,a holding a hearing; and ordering the project. 73 For 2009 this line is the reserves reimbursement of the Commission's share of the Wetland 639W Feasibility Study that was expended in 2008 and certified for collection in 2009. For 2010 this line is the reserves reimbursement of the cost of the Board of Water and Soil Resources Performance Review and Assessment Program (PRAP) expended in 2009. Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale 28 29 30 31 32 33 1 Project Reviews: 34 1 Engineering 35 1 Administration Table 1. Shingle Creek Watershed Management Commission 2010 Budget. Approved Actual Approved Unaudited Approved 2007 2007 2008 2008 2009 REVENUE 1 Application fees 2 Wetland reviews 3 Interest income 4 Assessment 5 Misc income 6 Education reimbursement 7 Corridor study grant 8 DO /Biotic integrity 1 9 DO/Biotic integrity 2 10 Chloride TMDL prewetting grant 11 Chloride TMDL eval grant 12 639W Feas Study grant 13 639W Feas Study from cities 14 639W Feas Study from reserve 15 Channel design reach 7B 16 Rain garden workshops 17 Crystal Twin Oak Pond grant 18 Paired Intersectn grant 19 Paired Intersectn comm. contrib 20 Ad Valorem previous 21 Ad Valorem Twin Oak Pond 22 Ad Valorem 639W Wetland 23 From reserves TOTAL REVENUE EXPENSES OPERATIONS Administration: 24 Administrative Services 25 TAC/Engineering Support 26 PRAP 27 Engineering: Administration Management Plan Grant Writing TMDL /CIP Engineering PRAP Legal: Legal Services $12,000 0 1,000 299,000 94,100 228,400 4,800 73,543 $818,743 $56,900 0 39,900 5,000 6,000 8,000 $14,750 1,500 12,267 298,999 3,137 6,549 15,722 73,543 $426,467 $61.725 16,786 49,639 9,179 8,082 $15,000 1 $16,550 1 $15,000 5,000 6,763 1 10,500 292,760 292,761 1 304,470 4,800 30,000 322,500 $670,060 $57,160 5,000 2010 Operating Budget May 29, 2009 Page 4 45,261 8,601 118,900 56,425 30,000 16,025 6,500 73,080 $551,966 $71,321 21,176 41,000 51,833 3,000 3,998 6,000 6,677 8,000 10,029 13,000 6,939 12,000 8,991 32,000 27,221 32,000 31,701 4,300 1,833 4,300 2,960 60,000 30,000 134,750 14,550 77,500 30,000 5,000 $800,670 Approved 2010 $12,000 3,000 304,400 3,700 116,160 15,000 $454,260 $59,150 $59,500 15,000 15,000 2,000 0 44,150 47,200 3,000 3,000 7,500 8,500 8,000 10,000 3,000 10,000 9,000 32,000 20,000 2,500 1,000 Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale 1 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Miscellaneous: Bookkeeping Audit Contingency Insurance Bonding Meeting Expense SUBTOTAL OPERATIONS MANAGEMENT PLANS TMDLs: Lakes Phase II Shingle Cr DO/Biotic Integrity Management plans: Lake phase II TMDL imnl plan Management Plans /Monitoring P8 Model Wetland Management Plan SUBTOTAL MGMT PLANS Projects 61 Paired intersection study 62 Channel design -Reach 7B 63 Wetland 639W Feas Study 64 Contribution to constr /grant match 65 Chl TMDL prewetting subgrants SUBTOTAL PROJECTS TOTAL OPERATING EXPENSE Approved 2007 3,000 5,000 5,000 2,800 2,800 $183,700 MONITORING AND INFO GATHERING $38,800 3,200 5,000 4,800 6,500 3,000 2,000 2,100 Commission stream monitoring USGS site monitoring Chloride TMDL annual report TMDL prewetting evaluation Vol lake monitor (CAMP) Vol stream monitor (Riverwatch) Vol wetland monitor (WHEP) Vol aquatic monitoring Annual Monitoring Report SUBTOTAL MONITORING $65,400 EDUCATION AND PUBLIC OUTREACH Education program 25,700 Education and imp! grants 6,000 Rain garden workshops Chl TMDL annual workshop 1,000 Salt workshons SUBTOTAL EDUCATION $32,700 94,100 15,000 $109,100 20,000 228,400 $248,400 $745,200 Brooklyn Center Brooklyn Park Crystal Maple Grove Actual Approved Unaudited Approved 2007 2008 2008 2009 5,130 4,000 6,892 4,0001 4,500 4,500 5,000 4,500 5,000 4,500 5,000 5,000 I 7,000 2,581 3,000 2,257 3,000 3,000 2,497 2,800 2,724 2,800 2,700 $196,112 $188,260 $225,059 $206,100 $194,900 $35,374 $42,300 $48,575 $41,570 $36,500 7,000 (in above) (in above) (in above) (in above) 5,507 5,000 4,044 5,000 0 4,800 165 4,800 0 6,454 6,500 6,964 6,500 6,500 3,000 3,000 3,000 3,000 3,000 2,000 3,000 2,000 0 10,000 $54,335 $64,600 $64,748 $63,870 $58,000 20,148 25,700 922 3,000 1,000 17,757 $38,827 $29,700 3,070 17,918 18,555 15,000 $39,543 $15,000 30,000 20,000 2010 Operating Budget May 29, 2009 Page 5 29,765 808 6,820 4,309 $41,702 402 83,157 3,459 15,577 4,623 $107,218 $133,900 28,075 30,559 26,000 28,200 3,000 2,000 0 1,000 0 0 $30,000 $30,200 118,900 15,000 149,300 90,000 20,000 Approved 2010 15,000 $15,000 31,1 �€r 20,000 11,050 $0 $50,000 $69,684 $259,300 $151,160 $328,817 $347,560 $508,411 $693,170 $449,260 AA 0 Minneapolis New Hope Osseo Plymouth Robbinsda"\ i I"'` Shin 66 67 68 69 70 71 72 73 Approved 2007 CAPITAL IMPROVEMENT PROJECTS Bklyn Park Stream Restoration 73,543 New Hope Wincrest Pond Maple Grove Pond P51 Crystal Twin Oak Pond Project 639W Wetland Project Crystal Lake Proiect Twin Oak Pond grant pass -thru To reserves SUBTOTAL CIP $73,543 TOTAL OPERATING+ CAPITAL EXPENSE 8818,743 Budget Explanation. REVENUE Assessments: annual assessments to the member cities to pay the operating expenses of the Commission. Assessments are apportioned 50 percent based on land area within the watershed and 50 percent based on tax capacity of land within the watershed. Other: project review fees, interest on funds held, grant funds, etc. Ad valorem: ad valorem (property tax) revenue levied by Hennepin County to fund the Commission's share of approved capital projects EXPENSES reek 2010 Operating Budget May 29, 2009 Page 6 Actual Approved Unaudited Approved Approved 2007 2008 2008 2009 2010 79,149 2,099 72,500 1,754 250,000 1,632 I 77,500 5,801 I 350 73,080 I 30,000 5,000 883,002 $322,500 $80,8631 $107,500 5,000 8494,821 $670,060 $589,274 $800,670 $454,260 OPERATIONS: All activities mandated by statute or state administrative rule except where noted. Administration Administrative Services: clerical and office support duties on behalf of the Commission, such as preparing for and attending meetings, preparing minutes and agendas, correspondence, mailings, official records, official publications, annual reporting, preparing budget. TAC /Engineering Support: correspondence, official publications, attendance and minutes at TAC and other special meetings, and other support regarding engineering activities. Engineering Administration: technical and administrative duties on behalf of the Commission, such as: investigation and resolution of drainage, flood control, bank stabilization, erosion and water quality problems; research; preparing for and attending meetings; correspondence; responding to inquiries; annual reporting; preparing budget. Management Plan: updates and amendments to the management plan or the Rules and Standards. Grant Application Writing: researching and writing grant applications to supplement Commission funds. Not mandated TMDL /CIP Engineering: technical and administrative assistance to the Commission and cities in the ongoing implementation of TMDLs and administration of projects Legal Legal Services: general counsel, preparing for and attending meetings, drafting policies and variances, reviewing contracts and agreements. Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale Shin reek 2010 Operating Budget May 29, 2009 Page 7 Project Reviews Engineering: reviewing projects and wetland replacement plans for conformance with Commission requirements. Administration: correspondence, official publications, and other support regarding project reviews and Wetland Conservation Act requirements. Miscellaneous Miscellaneous: annual audit, bookkeeping services, insurance and bonding, meeting expenses, contingency. Contingency not mandated MONITORING AND INFORMATION GATHERING: State administrative rules mandate water quantity and quality monitoring programs that are "...capable of producing accurate data to the extent necessary to determine whether water quantity and quality goals are being achieved" but do not specify what those programs should entail. Commission Stream Monitoring (Shingle Creek) Field data collection, equipment maintenance, sample lab analysis, and data analysis for flow monitoring and water quality sampling at two sites (45 Avenue and Brooklyn Boulevard), and the cost of the annual Water Quality Report. USGS site monitoring (Shingle Creek) Commission's share of the cost of operating the USGS site at Queen Avenue. Real -time data can be found at htto: /waterdata.uses.eov /mn /nwis /uv ?05288705. Starting in 2008 this was incorporated into the stream monitoring line item. Volunteer Lake Monitoring Citizen Assisted Lake Monitoring Program (CAMP): in partnership with the Metropolitan Council, volunteers are trained to take lake water samples and make observations. Met Council provides sample analyses and data compilation. Commission provides equipment, training, and sample collection. Volunteer Stream Monitoring Macroinvertebrate monitoring: in partnership with Hennepin County Environmental Services, high school and college students are trained to sample streambeds for macroinvertebrates and to classify the sampled organisms as an indicator of stream health. Volunteer Wetland Monitoring Macroinvertebrate and vegetation monitoring: in partnership with Hennepin County Environmental Services, adults are trained to monitor and sample wetlands for plants and macroinvertebrates and to classify the sampled organisms and plants as an indicator of wetland health. EDUCATION AND PUBLIC OUTREACH: A public information program is mandated by state administrative rules. The Commission also provides at the member cities' request NPDES Phase II education and public outreach programs mandated by the federal and state governments. Education General public information and NPDES education program: target one or two messages per year; coordinate messages with cities; prepare materials for distribution by member cities; work with lake associations; Great Shingle Creek Watershed Cleanup; work with Watershed Partners; coordinate Education and Public Outreach Committee (EPOC); coordinate with Joint EPOC (with West Mississippi, Bassett, Elm, and Pioneer -Sarah Creek WMOs); work with area schools; maintain Web site. Education Grants: Financial assistance for activities such as classes or programs to improve water quality education; curriculum and educational materials for use in the classroom; expenses for field trips or fieldwork related to water quality education; implementation projects that include an education component. MANAGEMENT PLANS: The Commission is mandated by state statute and administrative rule to pursue an Implementation Program that consists of nonstructural, structural, and programmatic solutions to problems, issues, and management goals. The approved Second Generation Management Plan and the Water Quality Plan set forth a Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale 2010 Operating Budget May 29, 2009 Page 8 program of Resource Management Plans, including Lake Management Plans, Stream Assessments, and a Wetland Protection and Preservation Plan to identify those solutions. The Commission has also been proactive in cooperatively preparing Third Party TMDLs* for each waterbody and impairment listed as an Impaired Water by the Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA). TMDLs*: The lake and stream TMDLs to date have been entirely funded by the MPCA. Management Plans: Management Plans will be completed for each water resource in the two watersheds in accordance with the following schedule: 2004 Shingle Creek Corridor Study 2005 Chloride TMDL Implementation Plan and preliminary lake management plans 2006 Phase II Stream Assessment: Bass, Eagle, Pike, Twin, and Oxbow Creeks and Mattson Brook 2007 Twin and Ryan Lake TMDL Implementation Plan, aquatic vegetation surveys (Twin and Ryan) 2008 Balance of lake management plans, wetland functions and values 2009 P8 model 2010 Wetland Management Plan CONSTRUCTION/MATCHING GRANT FUND: Not mandated An annual capital contribution towards a fund to be used to match grants or for high priority projects as designated by the Commission. *Total Maximum Daily Load A TMDL or Total Maximum Daily Load is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. The Shingle Creek Watershed Management Commission requests approval of its 2010 Operating Budget. Your cooperation in continuing the important work of the Commission is greatly appreciated. Questions may be directed to this office or to your representative. Sincerely, e•- 4 7444 1-431 Y 7 Judie A. Anderson Administrator JAA:tim Encl: Member Assessments Cc via email: City Managers Commissioners Z: \Shingle Creek \Financials \Financials 2010 \L_transmitting budget to cities.doc Brooklyn Center Brooklyn Park Crystal Maple Grove Minneapolis New Hope Osseo Plymouth Robbinsdale 41 71 A 88 12007 Additional Items 89 1 91 92 Brooklyn Center 93 Brooklyn Park 94 Crystal 95 Maple Grove 96 Minneapolis 97 New Hope 98 Osseo 99 Plymouth 100 Robbinsdale 101 102 103 2008 104 Community Community 106 107 Brooklyn Center 108 Brooklyn Park 109 Crystal 110 Maple Grove 111 Minneapolis 112 New Hope 113 Osseo 114 Plymouth 115 Robbinsdale a, 161 171 1181 2009 119 120 Community 121 122 Brooklyn Center 123 Brooklyn Park 124 Crystal 125 Maple Grove 126 Minneapolis 127 New Hope 128IOsseo 1291PIymouth 1301 Robbinsdale 1311 1321 1331 2010 134 Community 136 137 Brooklyn Center 138 Brooklyn Park 139ICrystal 140 Maple Grove 141 Minneapolis 142 New Hope 143 Osseo 144 Plymouth III!145 Robbinsdale 146 1471 Totals Totals Totals Totals I Shingle Creek Watershed Management Commission 2010 Member Assessments B Acreage 3,720 7,080 2,480 5,020 1,950 2,070 300 4,380 1,460 28,460 Acreage 3,7201 7,0801 2,4801 5,0201 1,9501 2,0701 3001 4,3801 1,4601 28,4601 1 Acreage 3,720 7,080 2,480 5,020 1,950 2,070 300 4,380 1,460 28,460 Acreage 3,720 7,080 2,480 5,020 1,950 2,070 300 4,380 1,460 28,460 C 1 D 1 2006 Tax Capacity 16,184,222 33,467,807 12,536,941 24,145,535 10,091,366 9,479,187 2,208,888 20,313,844 8,120,841 136,548,631 2007 Tax Capacity 17,569,581 37,011,490 13,116,631 28,250,962 10,960,570 13,452,016 2,251,723 22,030,296 9,042,398 153,685,667 2008 Tax Capacity 17,917,888 39,492,656 12,582,714 29,876,933 12,164,574 13,514,250 2,249,662 22,049,847 9,570,048 159,418,572 2009 Tax Capacity 17,568,347 38,843,789 11,622,042 28,215,831 12,105,330 13,391,982 2,223,546 21,127,274 10,307,930 155,406,071 Cost Allocation Based on Area 1 %age Dollars 1 13.07% 856.151 24.88% 1,629.441 8.71% 570.771 17.64% 1,155.341 6.85% 448.791 7.27% 476.411 1.05% 69.041 15.39% 1,008.051 5.13 %I J 336.021 100.00 %1 6,550.001 1 1 Cost Allocation Based on Area %age I Dollars 1 13.07 %1 19,133 1 24.88 %1 36,415 8.71%1 12,756 17.64 %1 25,820 6.85%1 10,030 7.27 %1 10,647 1.05 %1 1,543 15.39 %1 22,528 5.13 %1 7,509 100.00 %1 146,380 1 1 Cost Allocation Based on Area %ape Dollars 13.07% 19,899 24.88% 37,872 8.71% 13,266 17.64% 28,852 6.85% 10,431 .7.27% 11,073 1.05% 1,605 15.39% 23,429 5:13% 7,810 100.00% 152,235 Cost Allocation Based on Area %ape 13.07% 24.88% 8.71% 17.64% 6.85% 7.27% 1.05% 15.39% 5.13% 100.00% 1 E Dollars 19,894 37,863 13,263 26,846 10,428 11,070 1,604 23,424 7,808 152,200 F 1 G Cost Based on Tax Capacity %age Dollars 11.85% 776.33 24.51% 1,605.39 9.18% 601.38 17.68% 1,158.22 7.39% 484.07 6.94% 454.70 1.62% 105.96 14.88% 974.42 5.95% 389.54 100.00% 6,550.00 Cost Based on Tax Capacity %age 1 Dollars 11.43 %1 16,734 24.08 %1 35,252 8.53 %1 12,493 18.38 %1 26,908 7.13%1 10,440 8.75 %1 12,813 1.47 %1 2,145 14.33 %1 20,983 5.88 %1 8,613 100.00 %1 146,380 1 Cost Based on Tax Capacity %age Dollars 1 11.24% 17,110 I 24.77% 37,7131 7.89% 12,016 1 18.74% 28,5311 7.63% 11,616 1 8.48% 12,9051 1.41% 2,148 1 13.83% 21,0561 6.00% 9,1391 100.00% 152,2351 1 I 1 Cost Based on Tax Capacity %age I Dollars 11.30 %1 17,206 25.00 %1 38,042 7.48 %I 11,382 18.16 %1 27,634 7.79 %1 11,856 8.62 %1 13,116 1.43 %1 2,178 13.59 %1 20,691 6.63 %1 10,095 100.00 %I 152,200 1 H %age 12.46% 24.69% 8.95% 17.66% 7.12% 7.11% 1.34% 15.13% 5.54% 100.00% %age 1 12.16 %1 24.82 %1 8.30 %1 18.19 %1 7.24 %1 7.88 %1 1.23 %1 14.61%1 5.57 %1 100.00 %1 1 1 %ape 12.19% 24.94% 8.10% 17.90% 7.32% 7.95% 1.24% 14.49% 5.88% 100.00% Total Cost Total Cost Total Cost Total Cost 1 Dollars 1,632 3,235 1,172 2,314 933 931 175 1,982 726 13,100 %age 1 Dollars 12.25%1 35,868 24.48 %1 71,667 8.62 %1 25,249 18.01%1 52,728 6.99 %1 20,469 8.01%1 23,459 1.26 %1 3,688 14.86 %1 43,511 5.51 %1 16,122 100.00 %1 292,760 1 1 Dollars 37,009.09 75,584.61 25,281.46 55,383.06 22,047.14 23,977.89 3,753.02 44,485.26 16,948.48 304,470 Dollars 37,100 75,905 24,645 54,480 22,284 24,186 3,782 44,115 17,903 304,400 C: \Documents and Settings \srice \Local Settings \Temporary Internet Files \Content.Outlook \T8D2WYOB \SC 2010 Member Assessments_Approved.xls May 29, 2009 Mayors Member Cities West Mississippi Watershed Management Commission Hennepin County, Minnesota RE: West Mississippi Watershed Management Commission 2010 Operating Budget 3 Fernbrook Lane N Plymouth, MN 55447 Phone (763) 553 -11 44 Fax (763) 553 www.shinglecreek.org At its May 14, 2009 meeting, the West Mississippi Watershed Management Commission adopted its general fund budget for calendar year 2010. Details of the budget are outlined below. Article VIII, Subdivision 4 of the Joint Powers Agreement that established the Commission provides that a member city may object to the budget by giving written notice to the Commission before August 1, 2009. If any objection is received, the Commission will hear the objections and may modify the budget. An amendment to the Joint Powers Agreement also sets an "assessment cap" on the Commission's administrative budget. The budget cap can only be exceeded if the city councils of a majority of the Commission members adopt resolutions approving the higher assessment prior to September 1, 2009. The 2010 budget adopted by the Commission does not exceed the budget cap. In fact, the 2010 budget includes a two percent decrease in total assessments to the member cities. A spreadsheet showing each member's share of the annual assessment is attached. The 2010 budget continues existing activities while adding two new items: Water Quality Monitoring Report. The Shingle and West Mississippi Watershed Management Commissions annually publish a Water Quality Monitoring Report, which has been funded entirely by Shingle Creek since, in the past, West Mississippi activities have been minor. However, activities (macroinvertebrate and wetland monitoring) are increasing and the annual report is being revised to be more comprehensive and to also include a record of Best Management Practices undertaken in the watersheds. As the Upper Mississippi bacteria and Lake Pepin nutrient TMDLs move toward completion and implementation, it will become more important to have assembled a record of these activities. Therefore, the Commission will contribute $2,000 to the annual production of the report. Management Planning. The Commission annually budgets $5,000 for management planning. In the past, these funds have been used to complete the stream corridor study for Oxbow Creek and Mattson Brook and Phase I of the Wetland Management Plan. In 2009 these funds are being used to start development of a P8 model for the watershed, supplemented by $9,870 reallocated from other line items on a one -time basis. For 2010 the Management Planning funds are targeted for the completion of the Wetland Management Plan. In the 2008 budget, the Commission designated that $5,000 be "saved" for the Wetland Management Plan. Therefore, West Mississippi's share of the Wetland Management Plan is $10,000, funded from $5,000 in the 2010 budget and $5,000 contributed from reserve funds budgeted in 2008. Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo In April 2008, the Commissioners discussed long term planning, including the major activities to be considered to ramp up to the Third Generation Plan. Most of these are Shingle Creek activities, but several are relevant to West Mississippi. These are: 2009 Cities complete wetland functions and values assessments Complete Wetland 639W feasibility study and plans and specifications DO/Biotic Integrity TMDL and Implementation Plan development Begin development of P8 models for the two watersheds 2010 Wetland Management Plan, including identification of wetland restoration opportunities DO/Biotic Integrity TMDL and Implementation Plan approval Lake vegetation/fish surveys Wetland 639W restoration 2011 Third Generation Plan development and Rules and Standards update 2012 Third Generation Plan approval process Chloride TMDL Implementation Plan Five Year Review In -depth lake monitoring Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo 2010 Operating Budget May 29, 2009 Page 2 Pages 3 -4 of this letter contain the 2010 Operating Budget approved by the Commission. The line items included in the budget are discussed below: A further explanation of the activities undertaken by the Commission may be found beginning on page 4. 1 Budget 1 REVENUE 1 Line 1 Explanation 1 The Commission increased its application fee structure for 2006 with the intent to recover a greater share of the cost of project reviews. 'While the revised structure does not fully fund that activity, it does appear to be recovering a greater share. Applications have been decreasing in West Mississippi and, with the number of undeveloped lots still on the market in northern Brooklyn Park, a continued lower level of applications is expected in 2010. While it can be difficult to predict the number of project reviews that will be completed in a particular year, Staff recommended that the Commission continue the expected income budget for application fees at $3,000. 6 The proposed assessment of $128,000 is a two percent decrease from 2009. There was a four percent increase from 2008 to 2009 and no increase from 2007 to 2008. 7 Commission technical and administrative staff have been providing services to the Joint EPOC for the past few years. Starting in 2010 Bassett, Elm, and Pioneer -Sarah Creek WMOs will be requested to help fund those service's. 1 Budget 1 EXPENDITURES 1 Line 1 Explanation 10 This line item provides administrative support (scheduling, minutes, etc) for regular TAC meetings and any special TAC or other meetings that require administrative support. 16 While project reviews have been fewer, this line item also funds review of Local Water Management Plans and Comprehensive Plan amendments and updates. 23 At this time no changes are recommended to the volunteer stream monitoring budget. This may change based on discussions with Hennepin County staff as they consider changes to the RiverWatch program. REVENUE 1 Application fees 2 Wetland reviews 3 Interest income 4 Grants 5 Reserve 6 Assessment 7 Education reimbursement 8 Misc income 9 Assessment above cap TOTAL REVENUE EXPENSES OPERATIONS Administration: 10 Administrative Services 11 TAC/Engineering Support 12 13 14 15 16 17 Engineering: Administration Management Plan Grant Writing Legal: Legal Services Project Reviews: Engineering Administration 24 Two wetland sites are monitored in the Shingle Creek watershed and two in the West Mississippi watershed through the volunteer Wetland Health Evaluation Program managed by Hennepin County. Hennepin County charges $1,500 per site. 1 25 1 This line is the Commission's contribution to the Annual Water Quality Monitoring Report. 1 26 The cost of the Education program is split 50/50 between Shingle Creek and West Mississippi. A modest increase in the budget to reflect a greater emphasis on education and outreach in TMDL implementation was approved. 27 The cost of maintaining the Website (www.shinelecreek.ora serves both Shingle Creek and West Mississippi) has been rolled into the general education program budget (line 26). 30 The Commission budgets $5,000 annually to prepare management plans. The Wetland Management Plan is scheduled for 2010. The Commission contributed $5,000 to reserves in 2008 to fund this plan. The Wetland Management Plan will be funded from $5,000 in the 2010 budget and the $5,000 contributed to reserves in 2008 for this purpose, for a total of $10,000 31 The excess expected revenues over expected costs will be contributed to an account to start accumulating funds for the 2011 Third Generation Plan. Table 1. West Mississippi Watershed Management Commission 2010 Budget. Approved Actual Approved Unaudited Approved Approved 2007 2007 2008 2008 2009 2010 $12,000 2,000 126,650 4,750 300 12,722 126,651 2010 Operating Budget May 29, 2009 Page 3 $5,000 $3,800 $5,000 5,000 6,300 12,000 125,600 125,600 130,620 $3,000 1,200 5,000 128,000 3,700 351 3,950 3,950 $144,600 $148,724 1 $135,600 $135,700 1 $147,620 j $140,900 27,632 7,249 14,733 3,058 4,372 8,966 2,176 27,793 2,857 14,448 961 692 30,800 5,000 18,000 3,000 2,150 4,165 5,500 10,597 15,000 928 1 2,500 27,497 6,159 17,917 4,086 87 3,648 15,685 394 30,800 6,000 18,000 3,000 2,000 5,000 15,000 2,000 26,200 6,000 18,000 2,000 1,000 4,500 13,000 1.000 Miscellaneous: 18 1 Accounting 19 1 Audit 20 1 Contingency 21 i Insurance Bonding 22 1 Meeting Expense SUBTOTAL OPERATIONS 2010 Operating Budget May 29, 2009 Page 4 Approved Actual Approved Unaudited Approved 2007 2007 2008 2008 2009 Approved 2010 3,071 2,198 2,250 I 2,954 2,250 2,250 4,500 4,500 1 5,000 1 4,500 5,000 1 4,500 1,443 1,500 1 0 1,500 1 1,500 2,424 2,535 3,000 2,269 3,000 3,000 1,028 1,070 1 1200 1 1,167 1,200 1 1,400 $80,652 $72,744 $94,900 $86,363 $94,750 $84,350 MONITORING AND INFO GATHERING 23 Volunteer stream 1,000 1,000 1,000 1,000 monitoring 24 Volunteer wetland 2,000 1,000 1,000 3,000 2,000 monitoring 25 1 Annual Monitoring Report 1 1 2,000 SUBTOTAL $2,000 $2,000 $2,000 $4,000 $5,000 MONITORING EDUCATION AND PUBLIC OUTREACH 26 1 Education Program 20,731 1 18,803 25,700 1 31,265 1 26,000 1 28,200 27 1 Web site 600 1 1 1 1 I 28 1 Education Grants 684 1 921 1 3,000 1 808 1 3,000 1 2,000 SUBTOTAL $22,015 $19,724 $28,700 $32,073 $29,000 $30,200 EDUCATION MANAGEMENT PLANS 1 1 1 1 29 Oxbow Creek/Other Stream 4,880 Assessment 30 1 Management plans 1 5,000 1 5,000 1 10,290 1 14,870 1 10,000 SUBTOTAL MGMT 4,880 $5,000 $5,000 $10,290 $5,000 $10,000 PLANS 31 Contribution to constr /grant 5,000 5,000 5,000 5,000 5,000 match 32 Contribution to 3d Gen 6,350 Plan TOTAL OPERATING EXPENSE 1 $107,547 1 $94,468 1 $135,600 1 $135,726 1 $135,600 1 $140,900 1 1 1 1 1 1 CAPITAL IMPROVEMENT PROJECTS 33 I None I 1 1 1 I 1 TOTAL CIP 1 1 $0 1 $0 50 1 $0 1 $0 Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo 2010 Operating Budget May 29, 2009 Page 5 Budget Explanation REVENUE Assessments: annual assessments to the member cities to pay the operating expenses of the Commission. Assessments are apportioned 50 percent based on land area within the watershed and 50 percent based on tax capacity of land within the watershed. Other: project review fees, interest on funds held, grant funds, etc. EXPENSES OPERATIONS: All activities mandated by statute or state administrative rule except where noted. Administration Administrative Services: clerical and office support duties on behalf of the Commission, such as preparing for and attending meetings, preparing minutes and agendas, correspondence, mailings, official records, official publications, annual reporting, and preparing budget. Engineering Support: correspondence, official publications, attendance and minutes at TAC and other special meetings, and other support regarding engineering activities. Engineering Administration: technical and administrative duties on behalf of the Commission such as: investigation and resolution of drainage, flood control, bank stabilization, erosion and water quality problems, research, preparing for and attending meetings, correspondence, responding to inquiries, annual reporting, and preparing budget. Management Plan: updates and amendments to the management plan or the Rules and Standards. Grant Application Writing: researching and writing grant applications to supplement Commission funds. Not mandated Legal Legal Services: general counsel, preparing for and attending meetings, drafting policies and variances, reviewing contracts and agreements. Project Reviews Engineering: reviewing projects and wetland replacement plans for conformance with Commission requirements. Administration: correspondence, official publications, and other support regarding project reviews and Wetland Conservation Act requirements. Miscellaneous Miscellaneous: annual audit, bookkeeping services, insurance and bonding, meeting expenses, contingency. Contingency not mandated MONITORING AND INFORMATION GATHERING: State administrative rules mandate water quantity and quality monitoring programs that are "...capable of producing accurate data to the extent necessary to determine whether water quantity and quality goals are being achieved" but do not specify what those programs should entail. Volunteer Stream Monitoring Macroinvertebrate monitoring: in partnership with Hennepin County Environmental Services, high school and college students are trained to sample streambeds for macroinvertebrates and to classify the sampled organisms as an indicator of stream health. Monitoring is conducted on Mattson Brook. Volunteer Wetland Monitoring Macroinvertebrate and vegetation monitoring: in partnership with Hennepin County Environmental Services, adults are trained to monitor and sample wetlands for plants and macroinvertebrates and to classify the sampled organisms and plants as an indicator of wetland health. EDUCATION AND PUBLIC OUTREACH: A public information program is mandated by state administrative rules. The Commission also provides at the member cities' request NPDES Phase II education and public outreach programs mandated by the federal and state governments. Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo 2010 Operating Budget May 29, 2009 Page 6 Education General public information and NPDES education program: target one or two messages per year, coordinate messages with cities, prepare materials for distribution by member cities, work with lake associations, Great Shingle Creek Watershed Cleanup, work with WaterShed Partners, coordinate Education and Public Outreach Committee (EPOC), work with area schools, and maintain Web site. Education Grants: Financial assistance for activities such as classes or programs to improve water quality education, curriculum and educational materials for use in the classroom, expenses for field trips or fieldwork related to water quality education, and implementation projects that include an education component. Expanded in 2005 to include associations, youth and church groups, nonprofits, and organized groups. MANAGEMENT PLANS: The Cornrnission is mandated by state statute and administrative rule to pursue an Implementation Program that consists of nonstructural, structural, and programmatic solutions to problems, issues, and management goals. The approved Second Generation Management Plan and the Water Quality Plan set forth a program of Resource Management Plans, including Lake Management Plans, Stream Assessments, and a Wetland Protection and Preservation Plan to identify those solutions. Management Plans: 2006 Phase II Stream Assessment: Oxbow Creek and Mattson Brook 2009 Begin developing a P8 model for the watershed 2010 Wetland Management Plan CONSTRUCTION/MATCHING GRANT FUND: Not mandated An annual capital contribution towards a fund to be used to match grants or for high -priority projects as designated by the Commission. The West Mississippi Watershed Management Commission requests approval of its 2010 Operating Budget. Your cooperation in continuing the important work of the Commission is greatly appreciated. Questions may be directed to this office or to your representative. Sincerely, Judie A. Anderson Administrator JAA:tim Encl: Member Assessments Cc via email: City Managers Commissioners Z: \WestMiss \Financials\Financials 2010\L_transmitting WM budget to cities.doc Brooklyn Center Brooklyn Park Champlin Maple Grove Osseo CO CO 0 N F- O M CD CO N M O O CD O) CO O) 0 CO CO N. CO 0 C7 CO 0 d; 1� O M CD 0 E. N 1.6 CO M O) O N N CV N to O u2 co 0) (0 N 0) cri O R M N 0) N O 0) N- N- 4 N (0 R 1 Ch N CO 0 co O h f� (O C 05 M N R p M N. c) 4.- 0) 4-, -6 ti 0) 04 C G r 1's M C h M y 0 0 O V Ts' N co co 6 O 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 f� O 0 O M M 0 ti O 0 CO (D O 0 1- m CO co M O 1- m co to O M M 0 F- LC) M M M 0 C O 46 N M a- 0 O O) In 0) r O CO O N M{ O A 0, N 0 0 o e (004 M c0 0 C0 M'— r- o r- M co O O O I- O N 4 LC) 0 (0 O N. 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CL o Ud c a U CL o U 6 20 m o 0 Y 0 E m m 0 C1 32 --2 E m m p E L R v O O t co y G 0 2 r CO W N C000OMO N mm02O N mmUMO ofk Session Agenda lion 'So. 2 MEMORANDUM COUNCIL WORK SESSION DATE: June 16, 2009 TO: Brooklyn Center City Council FROM: Scott Bechthold SUBJECT: Nine -Month Assessment of Super America Performance Plan COUNCIL ACTION REQUIRED The following council item is for information only and no action is required. BACKGROUND In August 2008, I discussed with Council a five point strategy to address the high calls for service at each of the three Super America locations in the City. The strategy was part of a problem solving partnership between the Police Department and Super America management. An analysis of the work and results for the first 90 days was collected, evaluated, and presented to Council in November. The following is a nine -month summary of the Super America Performance Plan and actions taken: 1. SA staff will conduct a top to bottom security review of all three properties. Problems and concerns have been communicated to Security Manager Casey Jones who immediately corrects any problems. Super America is maintaining a clean appearance and WesTec has made a difference in communicating with customers that the property is under surveillance. The updated/ new camera system gives a clearer picture of the property. No Trespass/ Loitering signs have been installed around the property. The payphone was removed from the Brooklyn Boulevard Super America. It has been recommended to Casey Jones that payphones are removed at the other locations as well. Low profile gondolas/ display shelves have been installed so employees can now see customers in the aisles. All exterior lights have been replaced and are operational. As reported in the 45 day review, Casey Jones, the safety and security director for Super America, has worked closely with CPS Becky Boie to conduct a Crime Prevention through Environment Design (CPTED) evaluation. Mr. Jones has made several changes within each of the Super America's that operate in the city. These improvements include lighting, proper signage to include trespassing signs, and interior changes to provide for better monitoring. Becky Boie is satisfied that each store has improved its design and functionality to provide for a safer environment. 2. SA funded directed patrol initiative. The security detail at the Super America at 6950 Brooklyn Blvd. consists of officers working an overtime detail on Thursday, Friday, and Saturday. Overtime shifts are being maintained Thursday to Sunday mornings; from 9pm to 3am. Hours were changed in April at the request of Super America management. This initiative is 100% funded by Super America. The security detail is augmented by on -duty officers patrolling the entire mall area and utilizing spot checks to document incidents and time spent in area. 3. A complete analysis of each property to include calls for service (CFS) and Part I crimes. (See attachment for a more complete statistical review of all three stores) Overall calls for service at 6950 Brooklyn Blvd. increased by 101.23% over the same time period last year. The calls for service include traffic enforcement which we have been targeting aggressively. Overall calls for service at 6545 West River Road decreased 28.02% compared to 2007. Overall calls for service at 5701 Logan Ave. decreased 46.15% compared to 2007. 4. SA will conduct an employee performance audit at the Brooklyn Blvd. location to ensure accountability with SA policy and procedures. All new employees and managers are thoroughly trained in store policy and guidelines concerning safety and security measures. Staff changes and employee training is closely monitored by Casey Jones. Problems and concerns have been communicated to Security Manager Casey Jones who immediately corrects any problems. For example, one Super America nighttime employee was allowing a friend to hang out during his shift. This male has been observed at the location several times. The employee was warned once before, and after further offenses, was ultimately terminated. 5. CPS Boie will conduct neighborhood meetings to update residents around the Brooklyn Blvd location on agreed upon action plans and the results of the 90 day assessment period. Crime Prevention Specialist Boie has conducted several neighborhood meetings to discuss concerns and update residents on progress of the agreed upon strategies. Overall, these changes have helped reduce the total serious and Part I crimes at all three Super America locations. The Super America management team has been receptive to the concerns that have been brought forth and have cooperated. Super America has invested not only time, but money to ensure extra security measures have been implemented to alleviate problems. Nine month summary sheet- Super America 6950 Brooklyn Blvd Date Started: 09 -01 -08 to 06 -01 -09 Crime comparison: 6950 Brooklyn Blvd Total Violent Crime down 100% (0 this year compared to 2 same times last year) Total Serious Crime down 50% (4 this year compared to 8 same times last year) Total Part 1 Crime down 60% (4 this year compared to 10 same times last year) Total Calls for Service up 101.23% (326 compared to 162 same times last year). The calls for service include traffic enforcement which we have been targeting aggressively. Spot Checks 184 compared to 2 same times last year. Homicide I Rape 1 Robbery Aggravated Assault Total Vipient Grim Burglary 1 Theft Auto Theft Arson Total Calls for. Service 326`` 184 1 Spot Calls Jul 31, 2007 Jul 31, 2008 to Jun 3, to Jun 3, 2009 2008. 0 0 1 0 7 1 0 Percent Change n/a I n/a 100.00% 100.00% n/a 42.86% 100.00% n/a 162 1 101.23% 2 I 9100.00% Summary of Crime Statistics for 1901 57 and 6545 West River Road 1901 57 Ave Total Violent Crime up 100% (2 incidents compared to 1 last year) Total Serious Crime down 58.33% (5 this year compared to 12 last year) Total Part 1 Crime down 46.15% (7 this year compared to 13 last year) Total Calls for Service up 54.46% included traffic enforcement. 6545 West River Road Total Violent Crime 0% change (1 this year and 1 last year) Total Serious Crime down 45.45% (6 incidents compared to 11 last year) Total Part 1 Crime down 41.67% (7 this year compared to 12 last year) Total Calls for Service down 28.02% (131 this year compared to 182 last year) ssion Agend aItem N 3 Work Se Vemorandum Date: 18 June 2009 To: Curt Boganey, City Manager From: Daniel Jordet, Director of Fiscal Support Services Re: Calendar of Meetings for the 2010 Budget Process The attached calendar details the dates and times that the City Council will meet to review and discuss the operating and capital budgets of the City for the 2010 fiscal year. The 6:30 meetings will be joint working sessions for the City Council and Financial Commission. The 7:00 meetings will be part of the regular Council agenda action items for that meeting. Please present this calendar to the City Council at its 22 June 2009 Work Session for consideration. I 2010 Budget Calendar July 20 August 17 August 31 September 14 October 19 November 16 November 23 December 14 (All dates 2009 unless otherwise indicated) 6:30 PM 6:30 PM 6:30 PM Citv Council Meeting Schedule Goals and Strategies Tax Levy, Funding Options and Limitations Review Governmental Funds Budget Proposals (General Fund, Grant Funds, TIF Funds, Debt Service Funds) 7:00 PM Adopt Preliminary 2010 Tax Levy and Budget 6:30 PM Utility Fund Operations, Rates and Enterprise Funds 6 :30 PM Capital Project Funds Capital Improvement Plan 7:00 PM Adopt Utility Rates for 2010 Adopt Pay Plan /Cafeteria Contribution for 2010 7:00 PM Adopt Final Tax Levy Adopt Final Budgets note: The 2009 Legislature eliminated the mandated Truth -in- Taxation hearings and published notices. However, the City Council must still allow the opportunity for general public input into the budget process prior to adopting the final 2010 budget and property tax levy. Work Session Agenda Item N 4 City of Brooklyn Center A Millennium Community M EMORANDUM COUNCIL WORK SESSION DATE: June 17, 2009 TO: Mayor and City Council FROM: Curt Boganey, City Manag0 SUBJECT: Earle Brown Heritage Center Embassy Suites Link COUNCIL ACTION REQUIRED This is an information report to the City Council regarding the status of discussions with the Embassy Suite owners regarding construction of the link and resolution of the D barn lease dispute. BACKGROUND In accordance with the development agreement the developers of the Embassy Suites were obligated to construct a pedestrian link between the Hotel and the EBHC. Under the agreement the Link was to be completed by December 31, 2008. Several months ago the EDA entered into a 10 year lease agreement with the developers to provide for a Spa on the EBHC premises that would be accessible through the link. Subsequent to these events, the EDA was approached by the Developer who indicated that changed conditions would make it impossible to honor the lease agreement and that further delay on the completion of the link would be necessary. At that meeting the EDA directed the Executive Director to meet with the developer to see if a mutually beneficial agreement could be reached. Following that meeting we engaged the services of Springsted Co. to review the financial data of the developer. The report indicated that the Developer may have financial difficulty in completing the link unless additional equity resources could be provided to the developer, over and above the resources readily available from the project. In recent weeks we have been negotiating a settlement to all issues including the contested lease and the default regarding the construction of the link. We believe we have reached an agreement in principle with the developer and final language is being negotiated. The purpose of this report is to bring the Council up to date regarding the terms of the agreement as it is expected the agreement will be brought to the EDA in final form on July 13 2009. COUNCIL POLICY ISSUES Does the Council have any questions or concerns regarding the proposed settlement as outlined? 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone TDD Number (763) 569 -3400 FAX (763) 569 -3434 Work Session Agenda Item No. 5 MEMORANDUM COUNCIL WO RK SESSION DATE: June 22, 2009 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, City Manager/Director of Building Community Standards SUBJECT: Discuss Proposed Revisions to Rental License Regulations in Chapter 12 COUNCIL ACTION REQUIRED Some proposed revisions to City Code Chapter 12 in regards to rental licensing requirements are presented. After review of the proposed revisions, staff is seeking direction in order to complete the final draft of the rental license ordinance Council feedback will be incorporated into the document and transferred to the city attomey's office for final formatting. BACKGROUND A significant amount of feedback was considered in drafting revisions to the city's rental license. In addition to previous Council comments, information from the Rental Neighborhood Improvement Strategy Action Teams was used. All identified owners of rental properties were invited to a meeting to obtain their suggestions. In addition to research of other rental programs, preliminary feedback was obtained from the City Attorney and Prosecuting Attorney regarding legal considerations. Some concepts pertaining to rental licensing standards are being presented during this discussion. After Council feedback is obtained, additional cleanup and formatting of the ordinance will be completed and brought back to the City Council for consideration. The purpose of the rental license amendment is as follows: To establish minimum licensing standards to ensure that rental properties are maintained in conditions to protect the health, safety and welfare of the public to benefit tenants, neighbors and the community -at- large. To provide additional standards and tools to help substandard properties become well managed properties, while supporting existing efforts of well managed properties. To reduce the city's cost to the general taxpayer associated with regulation of substandard properties. COUNCIL POLICY ISSUES Will the proposed rental license amendment support City Council goals to "Stabilize and improve residential neighborhoods" and "Having a safe and secure community" City of Brooklyn Center Revision Draft 06- 18 -22 -09 Please note that some draft concepts have been incorporated into the ordinance in order to provide a visual of the relation of the concepts to current language. Feedback will be reviewed with the City Attorney's Office. Additional changes will be required to fully implement the concept, prevent conflicts within the ordinance, eliminate duplicate language, and improve the formatting. CHAPTER 12 BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12 -101. PURPOSE. The purpose of this Ordinance is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the character and stability of all buildings and property within the City. 2. To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social wellbeing of persons occupying buildings within Brooklyn Center. 3. To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings, To provide minimum standards for light and ventilation, necessary to health and safety. 5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. 6. To provide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight. 7. To preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this Ordinance, it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this Ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. 12 -1 City Ordinance 1 41) Neither in enacting this Ordinance is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 12 -102. APPLICABILITY OF ORDINANCE. Every building, as well as its premises, and all occupied premises within Brooklyn Center shall conform to the requirements of this Ordinance, irrespective of when such building may have been constructed, altered, or repaired. Section 12 -201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Chapter where not otherwise defined within a section: 1. Approved acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessory structure a structure subordinate to the main or principal building which is not used nor authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises 3. Building any structure used or intended for supporting or sheltering any use or occupancy. 4. Comliance Official the City Manager and his designated agents authorized to administer and enforce this Ordinance Add Disorderly Definition. 12 -911. 5. Dwelling a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one family dwellings, two family dwellings, and multiple family dwellings; but not including hotels and motels. 6. Dwelling unit a single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. 7. Family any of the following definitions shall apply: —A person or persons related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency; City of Brooklyn Center 12 -2 City Ordinance 8. Flush water closet an approved toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garbage putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. 11. Habitable room a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. 12. Heated water water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature requied by government authority, measured at faucet outlet. 13 Kitchen= a space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. 14. Multiple family dwelling a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building all other buildings or structures other than dwellings or dwelling units. 16. Occupant any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise 17. Operator the owner or agent who has charge, care, control, or management of a building, or part thereof. 18. Owner a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general City of Brooklyn Center —A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. 12 -3 City Ordinance partners and corporate officers. 19. Permissible occupant load the maximum number of persons permitted to occupy a building or space within a building. 20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. 21. Plumbing all of the following supplied facilities and equipment in a building• gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof,'; together with all connections to water, sewer and gas lines. 22. Premises a platted lot or part thereof or unplatted parcel of land, either unoccupied or occupied by any stmcture thereon. 23. rubbish: Public Corridor a hall, corridor or passageway for providing egress from an occupied area to a public way and not within the exclusive control of one occupant. 24. Refuse all putrescible and nonputrescible waste solids including garbage and 25. Reinstection a follow -up inspection conducted to determine if a code violation has been corrected; a scheduled inspection that a licensee, owner or other responsible party fails to attend, or a scheduled inspection that does not occur or is prevented due to any act of a licensee, owner or responsible party. 26 Rental dwelling er -dwell The: term "rental dwelling" means any occupied dwelling or dwelling unit that is not occupied by the owner of record regardless of compensation. The term includes anv dwelling' or dwelling unit occupied by a relative of the owner. 27. Repair to restore to a sound and acceptable state of operation, serviceability or appearance. 28. Rodent harborage any place where rodents can live, nest, or seek shelter. 29. Rooming unit any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. 30. Rubbish nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery City of Brooklyn Center 12 City Ordinance City of Brooklyn Center clippings, wood, glass, brick, plaster, bedding, crockery and similar materials. 31. Safety the condition of being reasonably free from danger and hazards which may cause accidents or disease. 32. Structure that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 33. Substandard dwelling any dwelling which do es not conform to the minimum standards established by City Ordinances. 34. S paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building: 35. Meaning of certain words whenever the ..words "dwelling "dwelling unit "premises", "building", or "structure" are used in this Ordinance, they shall be construed as though they were followed by the words "or any part thereof'. Section 12 -301. RESPONSIBILMES OF OWNERS AND OCCUPANTS. No owner or other person shall occupy or let another person occupy any building, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Minnesota and the City of Brooklyn Center, including the following requirements. Section 12 -302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building shall maintain in a clean, `sanitary and safe condition, the shared or public areas of the building and thereof. Section 12 -303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building, shall maintain in a clean, sanitary and safe condition that part or those parts of the building, and premises thereof that she/he occupies and controls. Section 12 -304 :STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building, shall store and dispose of all their rubbish m a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Ordinances. Section 12 -305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building, shall store and dispose of all their garbage and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Ordinances. Section 12 -306, RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE, RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish 12 -5 City Ordinance permissible occupancy of any dwelling unit shall be determined as follows: 1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Section 12 -803. ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 12 -804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet, six inches,' except that in attics or top -half stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven feet six inches over at least one -half of the floor area. In calculating the floor area of such rooms in attics or top -half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. Section 12 -805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room, nor shall the room arrangement be such that access to a' sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of any dwelling City of Brooklyn Center Section 12 -900. PURPOSE It is the purpose of this section to assure that rental housing in the City is decent, safe and salutary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment' of the normal activities of life in surroundings that are safe, secure and sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. (a) No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There chall be four license types as defined in 12- XXX. Section 12 913. -_.n_ 12 -13 City Ordinance Diagram 2 (131 ExcePtions. No license shall be reouired under the following circumstances: (11 A single family dwelling or single dwelling unit in a duplex occupied bY the building owner for a minimum of six months per calendar year. (21 Rented rooms within an owner occupied dwelling unit. (31 Unoccupied dwelling units which have been issued a Vacant Building Registration. 2. License Term. Regular-Llicenses will be issued for a time period of two year. according to the license type as indicated in Diagram 1. Diagram L Licensing Licensing Min. Inspection Freonencv _Categoa Period Dm' 3 year Min. 1 time in 3 years. uPon reauest or _Excellent as needed as determined by city Type II 2 year Min. 1 time in 2 yews. 11D011 reauest or,. _Good as needed as determined by city nue III 1 vear Min. 1 time per Veal upon request or _Acceptable as needed as determined by city Type W License Substandard Review bv Council 3. Type III Licenses. Crime Free Housing Phase I Recommended Phase I Required Mitigation Plan Phase L IL DI reauired All Type DI license&-Feetdar-and-nnwisienal7-will be reviewed bY the city every six months after the beginning of the license term to determine the license status A rental property that does not meet the minimum criteria for the current License Tine at anv time during the licensing period will be subiect to re- licensure under the aporooriate Licinge Tyne with the associated reouirements. The new license type will continue to be in effect through the new licensing period. 4. Type IV Licenses Prooerties that are not maintained to minimum standards are considered Tvoe IV Substandard and will be brought forth to the City Council to consider suspension or revocation in accordance with Section 12-910. 5. New Licenses. Properties that have legally not been issued a previous license due to new construction or change of business will aualifv for a Type II License. Properties without a previous license. and found operating with a license. may aualifv for a Type ffl license. License Cateeory Criteria. Rental dwellings must meet the criteria established in Diagram 2 in order to be licensed in the appropriate License Category Type. City of Brooklyn Center 12-14 City Ordinance Licensing Category by DEM Tune I Excellent Tempe II Good Dye DI Acceptable _Type IV Substandard <Provide definition for calls for service based on 12 -911 call tvpes.> 3. License Process and Renewal Catesory Rating Criteria 0-4 units 5 -15 units 16-90 units 91 -311 units 0-4 units 5 -15 units 16-90 units 91 -311 units 0-4 units 5 -15 units 16-90 units 91 -311 units 0-4 units 5 -15 units 16 -90 units 91 -311 units Calls for Disorderly Conduct Service (Based on Percentiles) Exterior Prooerty Code Violations/ Cases License renewals shall be filed at least 90 days prior to the license expiration date. Withintwo weeks ofreceipt of a'complete application and of the license fee required by Section 12 -902, the yCompliance official shall schedule an inspection. A rental property that las not been brought into compliance with city codes during the renewal process 'and exceeds the expiration date is subject to criminal and/or civil Penalties as well`as` actions specified in 12 -910. No application for an initial license shall be submitted to the City Council until the Compliance' °:official has determined that all life, health safety violations or discrepancies have been corrected. In cases where a weather deferral for repairs has been granted by the Compliance Official. the license may be brought forward with conditions of correction. 4. Condition of License. Prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the City owned by the license holder. In the event a suit has been commenced under Minnesota Statutes, Section 278 .01 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this City of Brooklyn Center 12 -15 City Ordinance provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Section 12 -902. LICENSE FEES. License fees, as set forth by City Council resolution, shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due at the time of application. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a license, the fee shall be refunded after deducting the costs of inspection and any other costs and expenses incurred by the City in connection with receiving and processing the application. All reinspection fees are set by City Council resolution. If the reinspection is being performed as part of the licensing process, fee(s) must be paidprior to the time of license issuance or renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. If a reinspection fee or any portion is not paid within 60 days after billing, or within 60 days after any appeal becomes final, the City. Council may certify the unpaid cost against the property in accordance with the process set forth in Section 19 -105 of this code. Section 12903: OWNER OR AGENT TO APPLY License application or renewal shall be made by the owner of rental units or his legally constituted agent. Application forms may be acquired from and subsequently filed with the compliance official. The applicant shall supply: 1 First, middle (if any), and last name, address, date of birth, and telephone number,. and email address of dwelling owner, owning partners if a partnership, corporate officers if a corporation: 2. Name, address, sad- telephone number. and email address of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. 4. Legal address of the dwelling 5. Number of dwelling units within the dwelling. 6. Description of procedure through which tenant inquiries and complaints are to be processed. 7. Status of utility fees, property taxes, and other assessments on the dwelling and other City of Brooklyn Center 12 -16 City Ordinance rental real property in the city owned by the applicant. 8. The number of tenants. 9. Anv other information as requested by the city. Every person holding an operating license shall give notice in writing to the compliance official within five-ten business days after any change of this information. Notice of transfer of ownership shall be as described in Section 12 -908. Section 12 -904. RESIDENT AGENT REQUIRED. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the compliance official the name of his resident agent (one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of of violation of the provisions of the City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law The compliance official shall be notified in writing of any change of resident agent. Section 12 -905. CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the Ordinances of Brooklyn Center and the laws of the State of Minnesota. Section 12 -906. INSPECTION CONDITION. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 12 -1001. Section 12 -907. POSTING OF LICENSE. Every licensee of a multiple rental dwelling shall cause to be conspicuously posted. in the main entryway or other conspicuous location therein the current license for the respective` niultiple dwelling. Section 12 -908.' LICENSE NOT TRANSFERABLE. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the compliance official within five ten llbusiness days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. Section 12 -909. OCCUPANCY REGISTER REQUIRED. L Every owner of a licensed rental dwelling keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information: City of Brooklyn Center 12 -17 City Ordinance -.a. Dwelling unit address. Number of bedrooms in dwelling unit and the maximum number of occupants. 2:c. Names and date of birth of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4:d. Dates renters occupied and vacated dwelling units. A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Ordinance. 6£ A similar chronological list of all corrections made in response to such requests and complaints Such register shall be made available for viewing or copying by the compliance official at all reasonable times. 2_ All nonresidential properties (commercial. industrial. and similar) shall keep, or cause to be kept, a current register of occupancy for each building which provides the following: 4-.a Building address. 2.b List of all tenants occupying building. lc' Nature of business conducted by each tenant in building. 4,d Contact person for each tenant. S.e Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the compliance official at all reasonable times. Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON RENEWAL. 1. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that a license is suspended, of revoked or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to City of Brooklyn Center 12 -18 City Ordinance thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Any person violating this section shall be guilty of a misdemeanor and -upen costs of prosecution and/or civil penalties. Each day of each violation shall constitute a separate punishable offense. 4. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements on any application or other information or report required by this Chapter to be given by applicant or licensee. b. failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. c. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan in the case of Tune IV Substandard licenses. o e. 6. failure to operate or maintain: the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. a moperty is, Dentine without a license and not brought into compliance within 90 days from the compliance notice the renewal period exceeds 90 days from the expiration date. 5. Revocation, suspension and non renewal may be brought under either this Section or Section 12-911 or both. 12 913. City of Brooklyn Center 12 -19 7. A decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefore and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny or not renew a license. The City Ordinance Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 8. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 9. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of .suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year A decision not to renew a license may take the form of a suspension or revocation. A decision to deny an initial application for a new facility will not take the form of a suspension or revocation unless false statements have been made by the applicant in connection with the application. A decision to deny an initial application shall state conditions of reapplication. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 10. A written decision to, revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility m ay be relet or occupied. Revocation, suspension or non renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non- renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension;:; revocation or non renewal specified in the City Council's written decision or in paragraph 8 of this Section. 11. A person who has had a rental license revoked mav not receive a rental license for another property within the city for a period of two years from the date of revocation. The person mav continue to operate other currently licensed rental properties if the property is maintained in compliance with city codes and other app licable regulations. Section 12 -911. CONDUCT ON LICENSED PREMISES. City of Brooklyn Center 12 -20 City Ordinance 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur: City of Brooklyn Center a. Violation of Section 19-1202 (Noise Abatement). b. Violation of Section 19-1121 (Unlawful Possession, Delivery or Purchase) or violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4, and drug Paraphernalia as defined in Minnesota Statutes Section 152.092. c. Violation of Section 19-202 (Disturbing the Peace). d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor. e. Violation of laws relating to gambling. f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a firearm weapon. Violation of any in violation of Minnesota Statutes, Section 609.66, Subdivision la, 609.67, 600.62. Subdivision 6 or 624.713, and City Ordinance 19-402. toud r,ersons City OidinanC6 19-1201 Loud Parties City Ordinance 19-1201 Noise cars/dogs City Ordinance 1-110- horns/radios Citv ordinance 19-1201.02.03. k. Fights City Ordinance 19-203 1. Allowing curfew/status offenses/underage drinking City Ordinance 19-301. and 19-304. m. Disorderly conduct (Minn Stat 609.72) n. Property damage City Ordinance 19-211 o. Assaults 5th degree non-domestic City Ordinance 19-204 12-21 City Ordinance 2. The City Manager shall be responsible for enforcement and administration of this Ordinance Authority to take any action authorized under this section may be delegated to the City Manager's authorized designee. 3. Upon determination by the City Manager that a licensed premises was used in a disorderly manner, as described m paragraph 1, the City Manager shall give notice to the licensee of the violation within 10 days and direct the licensee to take steps to prevent further violations. If a second anether instance of disorderly use of the licensed premises occurs within a twelve (121 month time period three (3•}menths of an incident for the same tenancy the City Manager or authorized designee shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the City Manager or authorized designee within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises. within-the 5. If a third another instance of disorderly use of the licensed premises occurs within a twelve (12) month time period from the first disorderly violation- for the same tenancy ee-(3) the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to City of Brooklyn Center p. Public disturbance City Ordinance 19 -202 a. Fire alarms City Ordinance 5 -112 r. Interference with a peace officer (Minn Stat. 609.501 s. Unlawful assembly (Minn Stat. 609.705) City Ordinance 19 -1105 t. Presence at unlawful assembly (Minn :Stat. 609.175) u. Terrorist threats (Minn Stat. 609:7131 v. Loiterine City Ordinance 19 -201 w. Gambline (MN Stat. 609.755 609.76) x. Prostitution (MN Stat. 609.321) 12 -22 City Ordinance 6. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further 7. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination;, It shall not be necessary that criminal charges be brought in order to support a det inat on of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 8. All notices given by the City under this section shall be personally served on the licensee, sent by First Class mail to the licensee's last known address or, if neither meta od,of service 'effects notice, by posting on a conspicuous place on the licensed premises. 9. Enforcementactions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, guests or the licensed premises as is authorized by this Code or state law. Section 12 -912& NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. City of Brooklyn Center deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Manager or authorized desienee who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension or nonrenewal. Such written notice shall specify all violations of this section, and shall state the slate, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. instances of disorderly use. 12 -23 City Ordinance Section 12 -912B. Crime Free/Drug Free and Disorderly Lease Requirements 1. All tenant leases. except for state licensed residential facilities and subject to all preemptory state and federal laws shall contain the following Crime Free/Drug Free and Disorderly Use languase: (a) Crime Free/Drug Free. 1. Resident. any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity. including drug related criminal activity. on or near the premises. 2. Resident. any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity. including drug related criminal activity. on or near the Premises. Ordinance No XXX 3. Resident or members of the household 'Will not permit the dwelling unit to be used for or to facilitate criminal activity. including drug- related criminal activity. regardless of whether the individual engaging in such activitv is a member of the household. or a guest. 4. Resident. any member of the resident's household or a guest. or other person affiliated with the resident shall not engage in the unlawful manufacturing. selling. using. storing. keeping. or giving of a controlled substance at anv'locations. whether on or near the premises or otherwise. 5. VIOLATION OF THE ABOVE PROVISIONS: SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OR THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (b) Disorderly Use 1: Resident. members of the resident's household. guests. or other persons under the resident's control shall not in the following Disorderly Use activities: violations of state law relating to _alcoholic beverages. trespassing or disorderly conduct and violation of the Louis Park City Code relating to prohibited noise. 2. THREE .DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN "A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A SUBSTANTIAL AND y MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERM NATION OF THE TENANCY. City of Brooklyn Center (31 Definitions. 1. The term "criminal activity" means prostitution. criminal street gang activity. threatening. intimidating or assaultive behavior. the unlawful discharge of firearms. or any other criminal activity on or near the premises that jeopardizes the health. safety and welfare of the landlord. his agent other resident. neighbor or other third party. or involving imminent or actual serious property damage. 2. The term "drug related criminal activity" means the illegal manufacture sale. distribution. use. or possession with intent to manufacture. sell. distribute. or use of a controlled substance or any 12 -24 City Ordinance substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act r21 U.S.C. 80211 (4) Non Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions are in addition to all other terms of the lease and do not limit or replace anv other provisions. Ordinance No. XXX (b) These lease provisions shall be incoroorated into every new lease for a tenancy beginning XXX and all renewed leases bv XXX. Section 12 -912C. TENANT RESPONSIBILfliES. In addition to the licensee. a tenant must comply with avnlicable city codes and all applicable local, state and federal regulations. A tenant is responsible for applicable property code, nuisance and violations of disorderly conduct as specified in 'Section 12 -911 which occur on the property, including violations committed bv household members or guests. <Chan -e this Section to address License Criteria and Tvnes Section 12 -913. Type IV Substandard Licenses. 1. 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. Police and fire calls that are counted in determining whether a provisional license is required include the following types of calls or events, all of which are hereby declared to constitute a nuisance or other disorderly conduct: (i) (ii) City of Brooklyn Center calls or events listed in Section 12 -911; calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson; (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons/dangerous weapons (Minn Stat. 609.02 subd.6 609.66) City Ordinance 19-402 12 -25 City Ordinance c) Drug paraphernalia (Minn Stat. 152.092) d) Loud persons City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 609.76) f) Loud parties City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) h) Noise cars/dogs City Ordinance 1 -110- horns/radios City Ordinance 19- 1201,02,03 i) Fights City Ordinance 19 -203 j) Drugs/narcotics and/or narcotic precursors (Minn Stat. 152.01) k) Allowing curfew /status offenses/underage drinking City Ordinance 19- 301,19 -304 1) Disorderly conduct (Minn Stat. 609.72) m) Property damage City Ordinance 19-211 Assaults 5th degree non domestic City Ordinance 19 -204 o) Public disturbance City Ordinance 19 -202 p) Fire alarms City Ordinance 5 -112 q) Interference with a peace officer (Minn Stat. 609.50) r) Unlawful assembly (Minn Stat. 60 City Ordinance 19- 1105 s) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) u) Loitering City Ordinance 19 -201 (iv) The City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. b. Calls will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). The period of time used to determine whether a provisional license is required is described in section 12- 901(2). c. d. The City will provide by mail to each licensee a monthly report of calls described in paragraph (1) (a) above. 2. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls described in paragraph (1) (a) to a level that qualifies for a regular license. The mitigation plan may include such City of Brooklyn Center 12 -26 City Ordinance steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. 3. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant' s previous mitigation plan and the need for different or additional measures to reduce police and fire calls. 4. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12 -914. TENANT BACKGROUND CHECKS. All licensees will cciduct criminal background checks on all prospective tenants, except for immediate relatives. The criminal background check must include the following: (a) (b) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer, (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. City of Brooklyn Center 12 -27 City Ordinance City of Brooklyn Center (e) Licensees will retain criminal history check information for at least one year after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information shall be available for inspection upon demand by the City Manager or the City Manager's designee, during normal business hours. 2. Licensees who do not conduct criminal background checks are subject to license suspension or revocation. in addition to other criminal and civil penalties. Section 12- 1001. ENFORCEMENT AND INSP.ECI'IONAUTHORITY. The City Manager and his designated agents shall be the compliance official who shall administer and enforce the provisions of this Ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this Ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours, and the compliance official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. Section 12 -1002. INSPECTION ACCESS. Any owner, occupant, or other person in charge of a building may refuse to permit free access and entry to the structure or premises under his control for inspection pursuant to this Ordinance, whereupon the compliance official may seek a court order authorizing such inspection: Section 12-1101. 1JNFIT FOR HUMAN HABITATION. 1. Any building or portion thereof, which is (la aged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ventilation or samtary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any building or premises has been declared unfit for human habitation, the compliance official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. 2. It shall be unlawful for such building or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the compliance official. It shall be unlawful for any person to deface or remove the declaration placard from any such building. Section 12 -1102. SECURE UNFIT AND VACATED BUILDINGS. The owner of any building or portion thereof, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. 12 -28 City Ordinance Any vacant building open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this Ordinance and shall be made safe and secure immediately. Section 12 -1103. HAZARDOUS BUILDING DECLARATION. In the event that a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. 1. Be in writing. Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall. 2. Describe the location and nature of the violations of this Ordinance. 3. Establish areasonable time for the correction of such violation and notify of appeal recourse: 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is a. Served upon owner, agent or occupant personally; or Sent by 1 st class mail to his/her last known address; or c. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Violations may be cited by the City and prosecuted, and license suspension, revocation or non renewal may be undertaken by the City whether or not a compliance order has been issued. Section 12 -1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Ordinance, such person may appeal the compliance order to the City Council sitting as a board of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must be filed with the department of planning and inspection within five (5) business days after service of City of Brooklyn Center 12 -29 City Ordinance the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. Section 12 -1203. BOARD OF APPEALS DECISION. Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any advice and recommendation from the advisory housing commission. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Section 12 -1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging Anyone securing an interest in the building, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this Ordinance. Section 12 -1205. PENALTIES. Any person who fails to comply with a compliance order after right of appeal has expired, and any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefor shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day of such failure to comply shall constitute a separate punishable offense: City of Brooklyn Center Section 12 -1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council may, by resolution, following a hearing upon not less than ten (10) days notice to the landowner cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 12 -1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the compliance official determines that any building, or portion thereof, or the premises surrounding any of these fails to meet the requirements set forth in this Ordinance, the compliance official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. 12 -30 City Ordinance Section 12 -1302. PENALTIES. Any person violating any of the provisions of this Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of this Ordinance, shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this Ordinance designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 12 -1401. SEPARABILITY. Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the Ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof. City of Brooklyn Center 12 -31 City Ordinance