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HomeMy WebLinkAbout2009 07-13 CCP Regular SessionPublic Copy AGENDA CITY COUNCIL STUDY SESSION July 13, 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. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn is CITY COUNCIL MEETING City of Brooklyn Center July 13, 2009 AGENDA 1. Informal Open Forum with City Council 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. 3. Call to Order Regular Business Meeting —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. 4. Roll Call 5. Pledge of Allegiance 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 22, 2009 Study Session 2. June 22, 2009 Regular Session 3. June 22, 2009 Work Session b. Licenses C. Application and Permit for Temporary On -Sale Liquor License Submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held August 1 and 2, 2009 d. Resolution Modifying Certified Assessments from March 9, 2009, Unpaid Utility Charges Assessment Roll e. Resolution Authorizing Execution of a Professional Services Agreement for Design Services, Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18 CITY COUNCIL AGENDA -2- July 13, 2009 f. Amend 2009 City Council Meeting Schedule to add July 20, 2009, Budget Work Session; reschedule August 17, 2009, Budget Work Session to Tuesday, August 25, 2009; add August 31, 2009, Budget Work Session; add November 30, 2009, 2010 Budget Hearing; remove /cancel December 7, 2009, Initial Truth in Taxation Hearing and December 14, 2009, Continuation Truth in Taxation Hearing. g. Resolution Adopting the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment of July 1, 2009, From the Hennepin County Chiefs of Police Association Mutual Aid Pact 7. Presentations /Proclamations /Recognitions /Donations a, Proclamation Declaring the Month of September 2009 as National Alcohol and Drug Addiction Recovery Month Requested Council Action: Motion to adopt proclamation. 8. Public Hearings a. An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs —This item was first read on June 8, 2009; published in the City's official newspaper on June 18, 2009; and is offered this evening for second reading and Public Hearing. Requested Council Action: Motion to open the Public Hearing. —Take public input. Motion to close the Public Hearing. Motion to adopt ordinance. 9. Planning Commission Items -None 10. Council Consideration Items a. Hearing for Hyder Jaweed, Holdingford Investments, LLC., Regarding Rental Property Located at Brookhaven Apartments (3907, 3909, and 3911 65th Avenue North) Requested Council Action: Receive staff report. Motion to open hearing. Receive testimony from applicant. Motion to close hearing. Motion to revoke or suspend a rental license for property located at Brookhaven Apartments (3907, 3909, and 3911 65th Avenue North) CITY COUNCIL AGENDA -3- July 13, 2009 b. Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009 -18 Requested Council Action: Motion to adopt resolution. C. Resolution Authorizing Transfer of Funds to Earle Brown Heritage Center Capital Fund Requested Council Action: Motion to adopt resolution 11. Council Report 12. Adjournment is N 6a City Coanci Agenda C MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 22, 2009 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Ron Warren, Information Technology Director Patty Hartwig, Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Boganey noted Councilmember Roche had distributed an email indicating that Deacon John Winkelman of St. Alphonsus Church will be present for the Invocation at tonight's City Council meeting. Councilmember Roche arrived at 6:01 p.m. Councilmember Yelich requested discussion on agenda item 9a, specifically in relation to pedestrian safety in terms of accessing the building. He noted that. the Super America located on Logan and 57 Avenues included a decorative four -foot fence to control pedestrian access from running through the fueling station. He suggested the site for the new Holiday location would also be a good candidate for the environmental safety design review provided by the Police Department. Councilmember Ryan suggested Holiday may want to consider a safety arrangement similar to the partnership between the Police Department and Super America management. Planning and Zoning Specialist Ron Warren advised that when the plans for this site were reviewed by staff, the consideration was that the level of concerns about the pedestrian access through the area will hopefully be addressed with the streetscape improvements being looked at for the County Road 10 area. The applicant has agreed to an easement to accommodate a ten -foot wide trail along County Road 10. A fence might not work into the site well due to the small amount of area to work with for the trail and landscaping. If the Council feels it is a matter of public safety, the applicant could be asked if they are willing to incorporate a fence into the plan. He explained the fence at the Super America located on 57 and Logan Avenues was part of a PUD process. As part of the plan it was requested that Super America be allowed to have a 06/22/09 4- DRAFT lesser green strip than 15 feet between the property line and the parking setback. The decorative fence was proposed to mitigate the lesser standard. The purpose of the fence was not for security reasons or to control pedestrian traffic. Councilmember Lasman requested discussion on EDA agenda item 4a, specifically in relation to the cost of an energy audit. City Manager Curt Boganey replied that the cost would likely range from $25 up to $100 per audit. The CenterPoint Energy contribution of $250 will be used to have audits completed under a pilot test. MISCELLANEOUS Mayor Willson requested discussion on tonight's agenda or a future study session on the following: 1) freeze on Council wage increases for 2009 and 2010; 2) freeze on any out of state travel by Council and City employees; 3) discussion on City employee wages. There was discussion on the above topics. It was noted that there can be value in the knowledge and insights gained by attendance at conferences. The majority consensus of the City Council was to direct staff to include the above subjects on a future work session agenda. Councilmember Lasman requested discussion on the carnival at Brookdale, the licensing process, and the possibility of timing the carnival with Earle Brown Days. Mr. Boganey indicated that administrative permits are issued for this type of carnival event with established criteria that must be met. In the future staff could inquire whether the mall and the carnival vendor would be interested in altering the carnival date to be in conjunction with Earle Brown Days. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:53 p.m. Motion passed unanimously. 0 06/22/09 -2- DRAFT DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS WATERSHED ANNUAL BUDGET REVIEW Mr. Boganey introduced the item and reviewed with the Council that the member cities partially fund the operations of the Shingle Creek Watershed and the West Mississippi Watershed. The Watershed Commissions are required by the Joint Powers Agreement (JPA) to provide each member city annually with their proposed budget for the next fiscal year. 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. In this particular case the budgets proposed do not exceed the cap, and therefore do not require approval by the individual cities. If the City Council wishes to object to the proposed budgets it would require action, otherwise no action by the Council is required. There are no noted objections to the proposed budgets from the City's watershed commissioner and none from City staff. Public Works Director /City Engineer Steve Lillehaug reviewed the Shingle Creek and West Mississippi Watershed Management Commissions 2010 operating budgets with the Council. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. 06/22/09 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 22, 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, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Ron Warren, Information Technology Director Patty Hartwig, Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant City Attorney Sarah Sonsalla, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Carol Kleven, 5835 Zenith Avenue North, addressed the City Council and stated she was present at the June 8 City Council meeting in regards to her garage sale signs that were taken down. She thought the officer that returned her signs was a code enforcement officer, but has learned he was from the Police Department. What she understands at this point is that the Sign Ordinance must be taken literally and will be enforced on a complaint basis only, there must be permission to post the signs, and the signs will be taken down if they are not at least 15 feet back from the street. She stated the City cannot get to everyone, so the ordinance is not equally enforced. If you pay $40 for an ad and your signs are taken down it is tough luck. Ms. Klevin stated the only option she sees is to have the ordinance changed. This is what she is proposing. The new ordinance would refrain from mentioning any distance back from the street for placement of the sign. She expressed concern that the current ordinance is prejudiced against garage sales in particular and pointed out that real estate signs are located within the 15 foot sight line area. She stated people in the community today are suffering financially. Garage sales are good for the community; they are helping people purchase items for pennies. They are recycling and filling the needs of their neighbors and bringing them all closer together. Without signs they cannot have garage sales. The ordinance has to be changed. She is not in this alone and can provide other names and numbers. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:53 p.m. 06/22/09 -1- DRAFT 6a. APPROVAL OF MINUTES 1. June 8, 2009 Study Session 2. June 8, 2009 Regular Session 3. June 8, 2009 Work Session 6b. LICENSES Motion passed unanimously. 2. INVOCATION Deacon Winkelman of St. Alphonsus Church offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Ron Warren, Information Technology Director Patty Hartwig, Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant City Attorney Sarah Sonsalla, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: AMUSEMENT DEVICES Metro Coin of Minnesota 14940 -B 28 Avenue N, Plymouth Theisen Vending Company Family Dollar 2105 57 Avenue N Theisen Vending Company Family Dollar 6211 Brooklyn Blvd GARBAGE HAULER Allied Waste Services Aspen Waste Systems P.O. Box 39, Circle Pines 2951 Weeks Avenue SE, Minneapolis 06/22/09 -2- DRAFT 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 Heights Dependable Indoor Air Genz -Ryan Plumbing and Htg. Heating Cooling Design Liberty Comfort Systems Modern Heating and A/C Sabre Plumbing and Heating RENTAL INITIAL 6207 Colfax Ave N 6114 Dupont Ave N 7131 Halifax Ave N 6901 Quail Ave N RENEWAL 170169' Ave N Earle Brown Farm Apts 5001 Ewing Ave N 300062 n Ave N 5118 66' Ave N 1336 68' Ln N 1300 72 Ave N 501 Bellvue Ln 5439 Colfax Ave N 5825 Colfax Ave N 6824 Fremont PI N 5421 Lyndale Ave N SIGNHANGER Collins Electrical Systems 9000382 d 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 Merifield 10519 Nassau Street NE, Blaine 4347 Central Avenue NE, Columbia 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 Long Yang Doug Wahl Willie Overstreet Shuang Lin Earle Brown Farm Apts Bartholomew Dabrowski Dan Soffa Scott Hanson Soye Chalte Marinela Scott Selseth Dragon Property Mgmt Roger Kadlec Beulah Hill David Oium Dragon Property Mgmt 4990 North Highway 169, New Hope 6e. RESOLUTION NO. 2009 -77 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 06/22/09 -3- Fill" "I 6d. RESOLUTION NO. 2009 -78 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2008 -13, CONTRACT 2008 -G, REFORESTATION OF 2007 STREET IMPROVEMENT PROJECT AREA Motion passed unanimously. 7. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL SUSAN BLOOD Ms. Susan Blood, Northwest Hennepin Human Services Council (NWHHSC), provided an overview of the programs and services administered by NWHHSC. Ms. Myrna Kragness, NWHHSC, provided an overview of the Capacity Building Program administered by NWHHSC. Members of the City Council thanked Ms. Blood and Ms. Kragness for their work with NWHHSC on behalf of the City of Brooklyn Center. City Manager Boganey pointed out that the City contributes a relatively small amount of dollars to NWHHSC on an annual basis along with the other member cities. The agency takes that percentage of City contributions and is able through grants and utilizing state and federal funds to turn that City contribution into a larger benefit for the community. 7b. CENTERPOINT ENERGY GRANT FAITH PEDERSON RESOLUTION NO. 2009 -79 EXPRESSING APPRECIATION 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 and stated the purpose of the proposed resolution. Ms. Faith Pederson, CenterPoint Energy, presented the City with a $2,500 partnership grant check to purchase safety equipment for the Fire Department. Mayor Willson requested Ms. Pederson to convey the City's thanks to CenterPoint Energy. Councilmember Lasman moved and Councilmember Ryan seconded to remove the item from the table. Motion passed unanimously. Councilmember Yelich moved.and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009 -79 Expressing Appreciation for the Donation of CenterPoint Energy Community Partnership for a $2,500 Grant to Purchase Emergency Response and Safety Equipment. 0 06/22/09 -4- DRAFT Motion passed unanimously. 8. PUBLIC HEARING -None. 9. PLANNING COMMISSION ITEMS 9a. 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. Planning and Zoning Specialist Ron Warren provided an overview of Planning Commission Application No. 2009 -003 and advised the Planning Commission recommended approval of the application at its June 11, 2009, meeting. Mr. Warren answered questions of the City Council regarding the 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. There was discussion on the landscape plan for the subject site and the easement to accommodate a 10 foot trail along County Road 10. Mr. John Baregi, Holiday Companies, answered questions of the City Council on the site plan for the new convenience store /gasoline station at 5710 Xerxes Avenue North. There was discussion on the likely pedestrian traffic at the proposed site. Councilmember Yelich inquired whether Holiday Companies would be willing to include a fence as a barrier to encourage pedestrians to avoid cutting through the landscaped green strip. Mr. Baregi indicated that Holiday Companies would be willing to include a small ornamental fence. Mayor Willson noted the Council has not voted on including the proposed fence in the site plan. He questioned if a fence would negate any of the plantings included in the landscaping plan. Mr. Baregi stated that plantings should not need to be removed from the plan as a result of an ornamental fence. It was noted that soil borings have been completed. The report is not available yet, but there are not any foreseen issues. There was discussion on public safety concerns expressed by residents regarding the subject location. Councilmember Ryan requested Mr. Baregi to request to Holiday management that due consideration be given to public safety and possible participation with the Police Department in a program similar to the ongoing crime reduction program with the Police Department and the Super America stores located in the City. Councilmember Yelich asked whether Holiday Companies would be open to participating in the environmental safety design review conducted by the Police Department with local businesses. Mr. Baregi provided information on security 06/22/09 -5- DRAFT practices of Holiday Companies and indicated willingness to meet with the Police Chief regarding public safety. Councilmember Lasman moved and Councilmember Roche seconded to approve Planning Commission Application No. 2009 -003 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 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 extinguisher 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. 06/22/09 -6- DRAFT 15. The owner of the property shall enter into an easement and agreement for the maintenance and inspection of utility and storm drainage system as approved by the City Engineer prior to the issuance of building permits. 16. The landscape plan shall be modified prior to the issuance of building permits to provide decorative fencing of 2 %z feet to 3 feet in height along the Xerxes Avenue and County Road 10 Greenstrips. Councilmember Yelich moved and Councilmember Roche seconded to amend the motion to include a decorative fence in the site plan as referenced above as a condition of approval. Mayor Willson voted against the same. Motion passed. Amended motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009 -80 RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution, which is to affirm the decision of the City Manager that the rental complex located at 5301 Dupont Avenue North is not eligible for a regular license. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -80 Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North. Motion passed unanimously. 10b. RESOLUTION NO. 2009 -81 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 $233,200 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that funds for the replacement of the telephone and voice mail system have been accumulated specifically for this purpose. Information Technology Director Patty Hartwig and Mr. Kevin Pikkaraine of LOGIS answered questions of the City Council regarding the LOGIS IP Telephony Service and the benefits of the advanced technology and participation with LOGIS. 0 Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION 06/22/09 -7- DRAFT NO. 2009 -81 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 $233,200. Motion passed unanimously. 10c. RESOLUTION NO. 2009 -82 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2009-05,15, AND 16, CONTRACT 2009 -B, SHINGLE CREEK PARKWAY AND 69TH AVENUE STREET IMPROVEMENTS, CENTRAL PARK TRAILS (WEST) IMPROVEMENTS AND 2009 MISCELLANEOUS TRAIL IMPROVEMENTS Public Works Director /City Engineer Steve Lillehaug provided an overview of 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. There was discussion on the premature failure of pavement included in the project area. Mr. Lillehaug stated MnDOT and the Minnesota Asphalt Paving Association have been requested to assist in determining the reason for the premature failure of these roads and other roads in the City. Staff will report back to the City Council. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -82 Approving Plans and Specifications and Authorizing Advertisement for Bids, 17rovement 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. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich encouraged residents to participate in the upcoming Earle Brown Days events. Councilmember Lasman reported on the following: June 11 and June 12 fundraising for the Crime Prevention Program at the Cub hotdog and brat wagon. June 13 Brooklyn Historical Society meeting. A slide show was presented on a new book being published on early schools, churches, businesses, and farms in the area. June 16 Crime Prevention monthly meeting: Part I Crimes are down 11 There are currently 194 active neighborhood watch programs in the City; the goal is to get the number up to 200 this year. June 16 Riverwood Neighborhood Annual Picnic June 19 Dudley Tournament 06/22/09 -8- DRAFT National Night Out kick off party is scheduled for Monday, August 3 rd in Central Park. National Night Out is scheduled for the following evening. Councilmember Roche reported on the following: The Brooklyn Center Landscape and Garden contest deadline is June 29 Information is available on the City website and the City newsletter. Adopt a garden was a 100% success in the City for the first time. The Dudley Tournament was an outstanding success. Residents are heard when they call City Hall and the Police Department. Events on Quarles Road and at Firehouse Park are going to be dealt with. It is up to the citizens to raise awareness of events that are happening in their neighborhoods. Request to individuals to pick up garbage at Firehouse Park. Councilmember Ryan reported on the following: June 9 th Brooklyn Center High School Alumni Association meeting. A very important function of the Association is to build up a scholarship fund to assist graduates in paying for post secondary education. June 11 rh ribbon cutting for the new Embassy Suites Hotel. June 12 ride -along with the Brooklyn Center Police Department. The professionalism and dedication of the Police Department was evident. Upcoming Earle Brown Days events. Mayor Willson reported on the following: June 11 Embassy Suites grand opening. June 11 Visit Minneapolis North (VMN) Executive meeting. June 14 United Families gathering at Anchor Nation Church in Minneapolis. June 16 Riverwood Neighborhood Association picnic. June 17 VMN Board meeting. June 19 throw of the first pitch at the Dudley Tournament. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:24 p.m. Motion passed unanimously. 06/22/09 -9- 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 22, 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 8:26 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, Community Development Director Gary Eitel, Assistant City Manager/Director of Building Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Assistant City Attorney Sarah Sonsalla, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. WATERSHED ANNUAL BUDGET REVIEW Discussion continued on the Watershed Annual Budget review. The majority consensus of the City Council was no objection to the Shingle Creek and West Mississippi Watershed Management Commissions 2010 operating budgets as presented. SUPER AMERICA SECURITY FINAL REPORT Police Chief Scott Bechthold reviewed with the Council that in August of 2008 he discussed with Council a five -point strategy to address the high calls for service and the Part I Crimes occurring 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. Chief Bechthold provided an overview of the nine -month summary of the Super America Performance Plan and actions taken. He reported that overall, the changes have helped reduce the total serious and Part I Crimes at all three Super America locations. The Council commended Police Chief Bechthold, the Police Department, and Super America staff for the efforts and improvements associated with the Super America Performance Plan. 2010 BUDGET PREPARATION PROCESS City Manager Curt Boganey indicated that Council has been provided with a draft calendar for preparation of the 2010 budget. The. Council discussed the proposed 2010 budget calendar. 06/22/09 -1- DRAFT The majority consensus of the City Council was to direct staff to amend the 2010 Budget Calendar meeting schedule with the August 17, 2009, Tax Levy, Funding Options and Limitations Meeting to be rescheduled to August 25, 2009, at 6:30 p.m. EBHC LINK UPDATE Mr. Boganey discussed the history of the Earle Brown Heritage Center (EBHC)- Embassy Suites pedestrian link. The developer had informed the EDA that changed conditions would make it impossible to honor the lease agreement to provide a spa on the EBHC premises, and that further delay on the completion of the link would be necessary. The EDA directed the Executive Director to meet with the developer to see if a mutually beneficial agreement could be reached. Mr. Boganey informed the Council that staff 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. Staff has been negotiating a settlement to all issues including the contested lease and the default regarding the construction of the link. Mr. Boganey provided an overview of the terms of the agreement with the developer on the issues related to the contested lease and the default on the construction of the link. He answered questions of the City Council on the D Barn, the pedestrian link, and the terms of the proposed agreement. There was discussion on the timeline for construction of the pedestrian link. Mr. Boganey stated there are many things to be resolved. The goal of staff is to start, if not complete, construction of the link this year. The agreement will be included on the July 13, 2009, EDA agenda if there is agreement with the developer on the terms. RENTAL ORDINANCE AMENDMENTS Assistant City Manager/Director of Building Community Standards Vickie Schleuning provided a presentation on proposed revisions to Rental License Regulations in Chapter 12 There was discussion on whether the City has the ability to hold one property owner liable for issues that have occurred at other properties owned by the same owner. It was noted that properties are licensed individually. Ms. Schleuning indicated staff will look into this further. Councilmember /Commissioner Lasman requested the following amendment to Section 12 -912B Crime Free/Drug Free and Disorderly Lease Requirements, 1. (b) 2: "...and good cause for immediate termination of the tenancy." Councilmember /Commissioner Yelich suggested the following amendment to Section 12 -912B Crime Free/Drug Free and Disorderly Lease Requirements, 2. (b) 2: "wee two disorderly use violations..." Ms. Schleuning indicated this will be discussed with the City Attorney. 06/22/09 -2- DRAFT There was discussion on Section 12 -914, Tenant Background Checks, specifically in relation to the importance of conducting background checks on all individuals that will be living in the unit, and that this should not be limited to the applicant. There was discussion on acknowledging the excellent landlords in the City, possibly through a resolution congratulating them for a year of great success. Councilmember /Commissioner Yelich indicated he will provide staff with feedback on proposed revisions by email. Councilmember /Commissioner Ryan indicated he emailed Mr. Boganey about the enforcement of requirements associated with one family per single family dwelling unit, as outlined in Section 12 -803. Mr. Boganey reviewed the definition of `family', noting the definition includes five unrelated adults, foster children, etc. The Council expressed support of the rental ordinance amendments as proposed with the above recommended amendments and items to be further reviewed. Councilmember /Commissioner Roche informed staff and Council about a $60,000 grant available for the Fire Department through Allianz with a deadline of August 1, 2009. He requested the Council Members contact the City's legislative representatives to request support. ADJOURNMENT Councilmember /Commissioner Roche moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority Work Session at 10:34 p.m. Motion passed unanimously. 0 06/22/09 -3- DRAFT City Council Agenda Item Nos 6b U COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: July 7, 2009 SUBJECT: Licenses for Council Approval Recommendation: It is recommended that the City Council consider approval of the following list of licenses at its July 13, 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 American Amusement Arcades Vend It LLC 2100 West 96 Street, Bloomington 5405 10 Avenue S, Minneapolis GARBAGE HAULER Ace Solid Waste Inc. Farmers Union Industries LLC dba Midwest Grease Haugen's Haulers Inc. Jate Mies Inc. dba Garbage Man Randy's Sanitation Inc. Waste Management Blaine MECHANICAL VanKick Heating Air Forced Air One RENTAL See attached report. 6601 McKinley Street NW, Ramsey P.O. Box 26. Redwood Falls 7386 31 Street SE, Buffalo 8289 Mississippi Boulevard, Coon Rapids P.O. Box 169, Delano 10050 Naples Street NE, Blaine 4505 Crosstown Blvd NE, Ham Lake 6768 158 Lane NW, Ramsey Rental Licenses for Council Approval on July 13, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid Property AddressOwnerCalls for Service Typeor InitialUtilitiesTaxes 3006 63rd Ave NSingle FamilyInitialJohn and Anita LandryNone Per 12-911 OrdinanceOKOK 4700 63rd Ave NSingle FamilyInitialShuang LinNone Per 12-911 OrdinanceOKOK 4518 65th Ave NSingle FamilyInitialErnest AnyanwuNone Per 12-911 OrdinanceOKOK 4407 66th Ave NSingle FamilyInitialSarah BatemanNone Per 12-911 OrdinanceOKOK 4806 69th Ave NSingle FamilyInitialShuang LinNone Per 12-911 OrdinanceOKOK 2406 Ericon DrSingle FamilyInitialGary BrummerNone Per 12-911 OrdinanceOKOK 5214 Ewing Ave NSingle FamilyInitialMy TruongNone Per 12-911 OrdinanceOKOK 7018 France Ave NSingle FamilyInitialGary BrummerNone Per 12-911 OrdinanceOKOK 5401 Humboldt Ave NSingle FamilyInitialWilliam BookNone Per 12-911 OrdinanceOKOK 6212 Kyle Ave NSingle FamilyInitialKristine RousseauNone Per 12-911 OrdinanceOKOK 4104 Lakeside Ave NSingle FamilyInitialDan MazzucoNone Per 12-911 OrdinanceOKOK 7130 Logan Ave NSingle FamilyInitialJames & Julie KazmierkoskiNone Per 12-911 OrdinanceOKOK 5332 Morgan Ave NSingle FamilyInitialJames WatersNone Per 12-911 OrdinanceOKOK 3318 Mumford RdSingle FamilyInitialBeng ThaoNone Per 12-911 OrdinanceOKOK 5312 Newton Ave NSingle FamilyInitialPavel SakuretsNone Per 12-911 OrdinanceOKOK 6830 Perry Ave NSingle FamilyInitialMing Yao ZhengNone Per 12-911 OrdinanceOKOK Lilacs2 Bldgs RenewalFarnaz Toussi3 Thefts (.14 calls per unit per 12-913 Ordinance)OKOK 5800, 5830 Logan Ave N22 Units 1335 67th Ln NSingle FamilyRenewalDennis and Shannon DaneNone Per 12-911 OrdinanceOKOK 6005 Admiral PlSingle FamilyRenewalDan SoffaNone Per 12-911 OrdinanceOKOK 5807 Drew Ave NSingle FamilyRenewalDrew KabanukNone Per 12-911 OrdinanceOKOK 5637 Emerson Ave NSingle FamilyRenewalDouglas Pederson1-Disturbing Peace Per 12-911OKOK 5707 Emerson Ave NSingle FamilyRenewalLois FrostNone Per 12-911 OrdinanceOKOK 6301 Grimes Ave NSingle FamilyRenewalMai Kao HerNone Per 12-911 OrdinanceOKOK 5517 Knox Ave NSingle FamilyRenewalRoger HarrisNone Per 12-911 OrdinanceOKOK 5820 Logan Ave NSingle FamilyRenewalFarnaz ToussiNone Per 12-911 OrdinanceOKOK 6342 Orchard Ave NSingle FamilyRenewalArt ZinkNone Per 12-911 OrdinanceOKOK 6906 Toledo Ave NSingle FamilyRenewalEdward RoeNone Per 12-911 OrdinanceOKOK 6637 Xerxes Pl NSingle FamilyRenewalDouglas FinchNone Per 12-911 OrdinanceOKOK 6012 Zenith Ave NSingle FamilyRenewalHearthstone Properties2-Drug Per 12-911 OrdinanceOKOK City Council Agenda Item No. 6c L COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk d�U�AAb4__ DATE: July 1, 2009 SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held August 1 and 2, 2009 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an event to be held on August 1 and 2, 2009. Background: The Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held August 1 and 2, 2009. The applicant has satisfied the City's requirements and submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance. It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by The Church of St. Alphonsus. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. Citv Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. OF Pu Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 6 OF MMN� (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER STREET A9SDRESS CITY STATE ZIP CODE NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE DATES LIQUOR WILL BE SOLD TYPE OF ORGANIZATION /J C HARITABI .F. eL1GUOT J'j OT NONPROFI ORGANIZATION OFFICER'S NAMrf/ ADDRESS 1A /04 J 04i& as s P, ORGANIZATION OFFICER'S NAME ORGANIZATION OFFICER'S NAME Gfz- aev& ADDRESS ADDRESS Location license will be used. Ilan outdoor area, describe Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. 1/_ Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. BUD. DDD 60 APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL GAMBLING ENFORCEMENT CITY /COUNTY 0' M 0� mo DATE APPROVED CITY FEE AMOUNT 5 05 d0.y LICENSE DATES DA -EE PAID (p ,Id /�I /LL.,IIJ v SIGNATURE CITY CLERK OR COUNTY OFFICIA- APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (05/06) City Council Agenda Item No. 6d 0 3 TO: FROM: City of Brooklyn Center City Council Agenda Item Memorandum Curt Boganey, City Manager Daniel Jordet, Director of Fiscal Support Services DATE: 2 July 2009 6 1"Y SUBJECT: Assessment of Unpaid Utilities Correction Recommendation: It is recommended that the assessment to the property located at 6753 Humboldt Avenue North from the 9 March 2009 unpaid utility bill assessment roll be reduced from 1,028.46 to 234.29. Background: The unpaid water bill for 6753 Humboldt Avenue North was certified for assessment by the City Council on 9 March 2009 in the amount of 1,028.46. Shortly afterward, the water meter was replaced at this location giving the City an opportunity to obtain an actual meter reading after several quarters of having estimated the reading. The resulting actual reading was lower than the estimated reading, requiring a credit back to the account at the address for overpayment of utilities. The credit would apply to amounts billed during the period of the unpaid bills that were certified as assessments to the property. Therefore, the credit should be applied to the assessment, requiring a resolution modifying the assessment amount. Financial Impact: The original assessment of 1,028.46 should be reduced to 234.29, resulting in a reduction of utility revenues totalling 794.17. 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION MODIFYING CERTIFIED ASSESSMENTS FROM MARCH 9, 2009, UNPAID UTILITY CHARGES ASSESSMENT ROLL WHEREAS, the City Council adopted a resolution certifying assessments for unpaid municipal utilities on March 9, 2009; and WHEREAS, the property at 6753 Humboldt Avenue North was assessed for charges based on estimated meter readings; and WHEREAS, an actual reading was obtained for the property resulting in a credit for overestimation of water usage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following property and amount is removed from the assessment roll of March 9, 2009: 6753 Humboldt Avenue North 234.29 Resident Julv 13, 2009 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. cil Agenda Item N 6e City cou'a Ll COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works J 4 DATE: July 7, 2009 SUBJECT: Resolution Authorizing Execution of a Professional Services Agreement for Design Services, Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009 -18 Recommendation: Staff recommends that the City Council approve the attached resolution authorizing execution of the professional services agreement for the design services for the Bass Lake Road Streetscape and Regional Trail Improvements. Background: In February 2008, SEH, Inc. completed the Xerxes Avenue and Bass Lake Road Streetscape Improvements feasibility study. The first phase of the improvements, Xerxes Avenue, was competed in spring 2009. On April 13, 2009, City Council amended the 15 -year Capital Improvement Plan to include the Bass Lake Road Streetscape and Regional Trail project. In June 2009, the City was awarded a $2,000,000 grant under the America's Recovery and Reinvestment Act (ARRA) federal stimulus program for** s project. Budget Issues: Various funding sources have been identified for this project. In addition to the ARRA funding of $2 million, other potential sources include Three Rivers Park District, Hennepin County, TIF District 3 and possibly others. The original estimated project amount vas $3,000,000. However, a more current estimate is being prepared with the final plan development that includes additional improvements that may be funded by these other entities that will better reflect the full estimated project cost. The contract amount of $270,000 with SEH, Inc. for design services (see attached contract) is within the 2009 and 2010 budgeted project amounts. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING EXECTUION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS, PROJECT NO. 2009 -18 WHEREAS, the Capital Improvement Program for the City of Brooklyn Center identifies streetscape and regional trail improvements along Bass Lake Road from Brooklyn Boulevard to Highway 100; and WHEREAS, a feasibility study was prepared by SEH, Inc. in 2008 for the Xerxes Avenue and Bass Lake Road Streetscape Improvements; and 2009; and WHEREAS, the Xerxes Avenue Streetscape Improvements were completed in spring WHEREAS, the City desires to complete the proposed streetscape improvements for the Bass Lake Road corridor; and WHEREAS, City staff has negotiated a professional services agreement with SEH, Inc. to provide for the design of trail and streetscape improvements for said projects; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Manager is hereby authorized to execute an agreement for professional services with SEH, Inc. in the amount of $270,100 to provide trail and streetscape design services for Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements. Date ATTEST: 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. PROFESSIONAL SERVICES AGREEMENT This Agreement is made on the 30th day of June, 2009 between the CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 "City and SEH, INC., 3535 Vadnais Center Drive, St. Paul, MN 55110 "Consultant Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional engineering services by the Consultant for the City. The City and Consultant agree as follows: Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work. Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the City Engineer determines that they are not necessary for the successful completion of the project. Consultants requesting a requirement to be waived must have written authorization from the City Engineer. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a. part of this Agreement and may be amended from time to time by mutual agreement by City and Consultant. 4. Method of Payment. The Consultant must submit itemized bills for services provided to the City on a monthly basis. Bills submitted will be paid in the same manner as other claims made to the City. For work reimbursed on an hourly basis, the Consultant must indicate for each employee, his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the original contracted amount, the current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. (what are these statues For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. 5. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Professional Services Agreement Page 2 Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 6. Term. The term of this Agreement will be from June 30, 2009 through June 30, 2010, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 7. Termination, This Agreement may be terminated by either party by seven day's written notice delivered to the other party at the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Professional Services Agreement Page 3 Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Indemnification. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. 18. Insurance. During the term of this Agreement, Consultant must maintain a general liability insurance policy with limits of $1,000,000 for each occurrence and aggregate, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. 0 Professional Services Agreement Page 4 LJ 19. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF BROOKLYN CENTER SEH, INC. P By: By: Steven L. Lille hang, Public Works Director Date: "1 "118 Its: Contracts Officer Date: By: Cornelius Boganey, City Manager Date: 1 UH ev .)Line 30, 2009 RE: City of Brooklyn Center Bass Lake Road Streetscape and Regional Trail Improvements SEH No. 108579 BR OCT —P SP 109- 020 -12. City Project No. 2D09 -12 Exhibit A Steve Lillehaug Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Steve: Thank you for the opportunity to provide Professional Design Services for enhancements to Bass Lake Road (CSAH 10). We understand the time frame is short, but share your excitement and enthusiasm in being able to implement significant improvements to the area. The following describes the project, scope of work, project team, schedule, and fee for our professional services. Background In 2007, the City of Brooklyn Center was anticipating trbsition and potential redevelopment in the commercial and business district near Brookdale Mal. With the desire to improve the trail and pedestrian facilities along Bass Lake Road between Brooklyn Boulevard and TH 100, SEH was hired to prepare a study report that addressed described proposed improvements, identified opinion of costs and implementation strategies. Part of the study included streetscape and trail improvement recommcndation for Xcr \es Avenue, which implemented in 2005. The Bass Lake Road Streetscape and Regional Trail Improvement project has recently been funded with Federal American Recovery and Reenacunent Act (ARRA) funding that has made the project financially viable and able to move forward into preliminary and final design. The project provides a huge aesthetic opportunity to prepare and implement attractive and inviting improvements to the area, including improved pedestrian access to Brookdale Mall from Bass Lake Road (CSAII 10), improved and enhanced trail and pedestrian facilities, connection to regional trail facilities, hardscalv. landscapin- features such as henches and plazas, street and pedestrian lighting, landscaping plant materials and water duality improvements. Scope of Services The following is a description of the main tasks for this phase of the work: Task 1.0 Data Acquisition and Analysis The base mapping has been completed by Louck's and Associates on behalf of the City of Brook[ n Center. Any additional surrey needed to complete the project rill be conducted I)v the Steve Lillehaug June 30, 2009 Page 2 City of Brooklyn Center. The mapping includes elevation, ri ght of way and topography data for the area. The City) will provide additional information as needed to supplement the original survey to complete the base mapping needed for the proiect. The project team will review documents from previous planning efforts, review record drawings, existing business /operational plans, the ]Metropolitan Council Bike and Pedestrian Connection Study, the Shingle Creek Day Lighting. Plan and any other relevant site and facility information that is available. Task 2.0 Design Development Design Development will take the schematic design developed in the. study report phase and further dUVC-101) trail, sicic1, +calk and grectscalic elements onto the site survey. The design layout deliverable will be used for the Project Memorandum and agency review and approvals. The development of the preliminary plan is further discussed in Tasks 2.1 through 2.5. Task 2.1 Develop regional trail and sidewalk design A 10 foot wide regional trail is proposed for the south side of Bass Lake Road between Xerxes and Sltingl.e Creek Parkway, City trail /sidewalk improvements are also proposed to be extended from Xerxes west to Brooklyn Boulevard and Shingle Creek Parkway, east to TH 100, and then from TH 100 to Logan Avenue (this segment preliminary design only). The improvements also include spot repair of the 5 foot sidewalk that currently exists on the north side of Bass Lake Road. Sfil3 will prcparc preliminary typical sections and horizontal and vertical alignment for the trail in accordance with Federal guidelines and the Mn/DOT bike design recommendations. The existing sidewalk condition will be assessed with recommendations made as to the amount that will need to be replaced. r. Task 2.2 Review Intersection Geometries SEH has been asked to review the feasibility of removing the free right turning movements at the 11rtt:ersection of Northway Drive and Bass Lake Road and Shingle Creek Parkway and Bass Lake Road. Wc will evaluate turning movements for busses and semi and develop revie.+ the benefits /costs v+ ith the proiect partners. Task 2.3 Concept and Preliminary Design of Median Features SEH has been asked to review the feasibility of providing storm water BMP's in the area of the median. Rainwater infiltration/ bio- remediation designs will be reviewed in relation to the amount of surface water that can be redirected to the median. Discouraging mid -block crossing from the Transit Center to Brookdale Mall is still a concern and will need to be included in any revised desi�-n. SEH will prepare 2 concept designs to present to the project team, prior to moving further into preliminary design. Task 2.4 Geot.echnical Subsurface Investigation Understanding the underlying soil type in the median is imporLint to proper design of infiltration /rain rardcn basins. SEH will coordrna:c obtaining soil boring, have grain size Steve Lillehaug June 30, 200.1 Ptt�e analysis completed so we can estimate permeability rates and prepare a technical memo with recommendations. It is proposed to take 6 borings (2 each large median) to a depth of 10 feet for the design for the medians and 1 boring to a depth that exceeds 60 feet for the pedestrian bridge.. 'Fask 2.5 Streetscape Design Many of the strectscape designs features have been determined with the Xerxes Avenue Phase of the project. The project colors, light fixtures, pavement patterns are expected to follow those implemented on Xerxes. .However, lighting assumptions will need to be reviewed in relation to any median changes. The City has asked SEH to develop special cross walk treatments at the intersection of Bass Lake Road and Xerxes and Bass Lake Road and Northway. Median noses will need to be reconstructed to accommodate improved pedestrian crossings. In addition, SEl-i has been asked to review turf- alternate solutions to the boulevard area. Designs for these elements will be developed during the preliminary design. Trees and other plant materials will be adjusted as required due to the preliminary trail and sidewalk location and typical section. 'rash 2.6 Private Utility Coordination Early coordination of private utility coordination will help facilitate implementation planned for 2010. Private utilities have been included in the base mapping received from Louck's. SEH will review impacts and coordinate an updated design locate and communicate with the utility as appropriate. Tack 2.7 Signal Revisions (Optional) Per discussions with Hennepin County, the existing signal systen3 at Northway Drive will be required to be replaced with a ne.w permanent signal system, if proposed geometric changes are implemented, due to the significant amount of modificAons needed on the existing system as well as the agc and condition of the existing, signal system. SEH will complete all plan and specification work necessary for design of a new traffic signal system at this locat and will coordinate all design work with h{cnnepin County traffic personnel to ensure that the new signal system meets all County and State requirements. A Signal .Justification Letter will also be prepared by SEH as required by h4n/DOT for work on an existing traffic signal system, and SEH wilt complete all work and coordination needed for submittal and approval of this document to each affected agency. Hennepin County is anticipated to provide all labor and materials (through an agreement with the City) to install countdown timer pedestrian signals kind LED vehicular indications at all existing signal systems within the project litnits. From a detailed field review~. cif each signal system, SEH wilt provide a summary list of required nrtterials and equipment to the County for their use in providing a price quote to the City to complete this \work, If costs are acceptable to the City, SEH will work �vith JJcnncpin County to ensure that this work is completed in conjunction with the rcroainder of the project. Steve Lillehaug .lone 30, ?OOy Page 4 Task 2.8 Refurbish Existing Pedestrian Bridge SEIl will visually review the existing bridge and prepare a memo with cornments regarding dle existing corditions. We have been requested to make recommendations re4arding refurbishing the paint and updating the rail. Approved recommendations voll be incorporated into final design and plans. The estimated cost of these improvements will be part of the preliminary cost information. Task 2.9 Guardrail Replacement The existing guard rail at Shingle Creek is outdated and needs to be replaced. SEB will coordinate with Mn/DOT and Hennepin County to develop the appropriate application of ,guardrail treatment, material and end treatment, develop the layout, detail and costs for the i III pro 'vor-Ic.nl. Task 2.10 Design New Pedestrian Bridge The project partners, Hennepin County and Three Rivers Park District prefer that the alignment of the trail remain parallel to Bass Lake Road so that trail users will safely and properly approach the signalized intersection at Shingle Creek Parkway. This alignment requires a pedestrian bridge constructed over Shingle Creek. It is proposed to use a continental prefab designed bridge, however the foundations and abutments need to be designed and detailed by SEH. SEE will also coordinate review and approval by the Mn /DOT briage department. Shop drawing review of the prefab bridge will be required during construction, but is not currently parl of this scope. Task 2.11 Design Project Team Coordination Regular meetings with the City and SEH, and periodic trVetings with the extended project team including 3 Rivers Park District, Hennepin County anA MnlDOT Federal Aid will help the project progress efficiently. Well timed and planned meetings will enable timely project decisions essential to tweeting the. project schedule.. For the purpose of this proposal we have estimated 4 meetings, including the kick off mectiniz. Task 2.12 Design Development Cost Estimate At the completion of preparation of' the design development and layout, SEE will prepare an opinion of cost to assist with development of final plans and project financing. It will also be necessary to prepare optional cost estimates regarcine desired project elements such as bridge improvements. intersection geometric revisions, retaining, wall, etc. Task 3.0 Environmental Documentation Project Memorandum SEE will conduct the preparation and approval of a Project Memorandum JIM) fur the proposed Bass Lake Road Streetscape and Regional frail Improvement Proiect in Brooklyn Center. This Y task includes completing all the steps required to complete a PNI in conformance with the Federal and State ;lid processes. SEH will complete the P,%-1 in accordance wish t)e process def:ned in the Ain /DOT State Aid Project Development Manual. The preparation and approval process for completing the PA4 are further discussed in Tasks 3.1 and 3.2 Steve Lillehau�! June 30, Page S Task 3.1 Project Memorandum Data Collection, Agency Reviews, and Documentation SEl 1 obtain the applicable social and environmental data that is needed to assist in the environmental review SER will also be responsible for requesting reviews from the Minnesota De.partamnt uf' Vatural Resources (DNR) Natural Heritage Review Program for' state threatened and endangered species (T&E), Mn/DO'C's Office of Environmental Services for cultural resources and federal T &E species. It is our understanding that archeological and other Section 4(r) resourccs arc not readily known within the project area and no Phase I Study or Section 4(f) Evaluation is needed. If it is determined that these further studies /analysis are required an amendment to this project work plan will be needed based upon the scope of these efforts. Furthermore. it is assumed that there are no wetlands to be impacted and thus no delineations or report needed. SEH will prepare the PM in accordance with the M.nfDOT State Aid Project Development hlanual. The content of the PM will include, but is not limited to, the following, elements: Protect Area Mapping Report Purpose Project Description Project Schedule, Cost, and Funding Project Purpose Need Project Alternatives Considered List of Applicable Permits and Approvals Project Impacts Social. Economic, and Environmental) Mitigation Commitments (if'rc(lttired) Summary of Public &:'Agency Involvement Design Study (including Standards and any Design Exceptions} Task 3.2 Project Memorandum Distribution, Review, and Approval SEMI lead the entire PM distribution and review processes, and will follo w the guidance stipulated in the Stale Aid Project Developmeni Manual. A draft of the PM will be submitted to Hennepin County starf. Thi c Rivers Part. District State, City of Brooklyn Center and Mn /DOT Statc Aid (both Morro District and Central Office) for review and comment. Any comments will he quickly incorporated, grid the PM will he finalized for final approvals from State Aid. upon receipt of the approved PM, the environmental documentation phase of the project will be complete. Steve l..illehaug June it_), 2009 Page G Task 4.0 Construction Documents SEH wil. take the preliminary design. further refine an design issues and prepare final plans in accordance with NIn /DO'r, FHWA, Hennepin County, Thrcc Rivers Park District, and the City of Brooklyn Center requirements. Task 4.1 Prepare Plans Please refer to the attached manlhour spreadsheet for a listing of the plan sheets expected to be included in this task. We have assumed at this point that reconstruction of intersection free rights and signal revisions at lstorthway Drive and water quality basins will be included in the final plans Task 4.2 Distribution Review and .Approvals Plans will be submitted to all the project partners for review. As plans are developed the project partners will see updated portions of the plans at meetings with the intent to limit the amount of time required for final review. Federal Aid, administered by the State Aid Office at. R'ln /.DOT will require a number of forms to be completed and standard plan development processes to be follova-ed. SEH will distibute and facilitate review with agencies, provide revisions as required and proactively pursue approvals. Task 4.3 Final Engineer's Est Upon completion of the construction doCUmeI]t5, SEH will develop a final opinion of cost d led to include the various funding sources to he submitted along with the plan re to each agency. Task 4.4 Prepare Project Manual SEE will prepare the front end part of the specification and prepare technical specifications utilizing City format. We will coordinate Delegated Contract Process (DCP) information into the specification as reCuired by Mn /DOT. Task 4.5 Final Design Project Team Coordination Regulnr meetings with the City and SEH and a 909, complete plan meeting with the extended project team that includes 3 Rivers Park District, Hennepin County and Mn /DOT Federal Aid will help thc project progress efficiently. 1'►�'ell timed and planned rnectings will enable timely project decisions c to meeting the project schedule. For the purpose of this proposal we have estimated 8 meetings with additional time to attend a City Council Meeting!. Task 5.0 Bidding Task 5.1 Coordinate Distribution of Bidding Documents SEE will coordinate distribution of bidding documents through the use of QuesiMN. SEH will produce construction copies Nice the pioJeCt is let. We have cstimated this to be 10 copies. Task 5.2 Answer Questions Steve Liilehaug June 30, 2009 Pa`�.c 7 SEH staff will coordinate contractor questions during bidding. Task 5.3 Prepare Bid Tabulation, Letter of Recommendation and Coordinate MnMOT Contract Approval After bids are received, SEH will prepare the bid tabulation, letter of re-commendation and coordinate with the State Aid Office for contract approval. Task 6.0 Right of Way Task 6.1 ldentify Right of b'r'ay Needs SEH will prepare the base map to include existing right of way information as available from site survey, ;'z sections information and plats. The location of the trail anti walk will be reviewed for permanent and temporary right of way needs. We have assumed that the City will provide the title work and encumbrance information for the parcels identified. Task 6.2 Coordinate with R/W Subcontractor and City Attorney Evergre.en land Services is expected to provide the title work, appraisal and right of way acquisition services required to receive a right of way Certificate No. I as required by the Federal Aid process. SE1-[ and Evergreen will �+ork with J��1nID4T to review documents and gain approval and receipt of Right of Way certificate No. 1. Evergreen Land Services is expected to contract directly with the City. SEH will coordinate with Evergreen and the City's attorne throughout die right of way process. Task 6.3 Prepare Right of Way Documents SEH will prepare temporary and permanent right of 1kIAy easement descriptions and prepare exhibits as required by the project for use by Evergreen Land Services and appraiser. SEB will provide an independent review of easements pic-pared. For the purpose of this proposal the number of pi:rcels impacted is expected to be 15. Task 6.4 Prope.rt.v Owner Meeting WC included a small amount of time in case the C:ty requires our attendance. at any property owner 111eAM112. Project Team Sue Mason will be the Proiect Manager, responsible. for all project resources, coordination, deliverabic.s. coordination with the other agencies anti overzil service delivery for the City. Chris Behrinuer will he the Froicct Lundscupc Architect, lead Urban Designer. responsible for strectscape design, dcve-lopment of design and preparation of the deliverables. Justin Gesc will be the project engineer responsible for the design la.-out, constr document production and cost estimates. Landscape. architect's Bob Kost, Brady Halverson and Danyelle Payne are part of SFIT, Urban i7esi,,m ieJni and wili all assist Chris design development as needed. Ken Tatllon Will provide final desi-r for lighting. Brian Albrecht will prop 'de geotechnical recommendal ons Steve. Lillehaug lone 30, "2009 pa-e 8 and we will rely on Ron Leaf for low impact development expertise. John Gray will provide signal design and signal coordination with Hennepin County. r Schedule The design will begin immediately. We expect to layout preliminary trail alignments as the first steps so that we can develop the alignment, prepare preliminary typical sections desired to meet hike.way guidelines and .minimize right of ,vay needs. Determination of the trail and sidewalk locution is also important to further development of the streetscape. elements, placing of landscape materials. We understand that the ARRA funding requires the project to be approved and ready to let by November 13, 2009, Since the schematic design phase has been completed, we. expect that design and plan completion can proceed quickly. However, other agency review sclle.dules Will L1601ately +,iictute the schedule. We �,v l proceed with the desire to accelerate the schedule if possible to let the project this fall so that some of the construction element ran be started. The following summarizes the basic schedule; Layout Development .tune (four weeks) PR-1 Review and Approval July- September (2 -3 months expected) Final Design and Construction Documents July to September (2 months estimated) Agency review and approval Mid August to Mid October (2 months estimated) Compensation SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis including expenses for a not to exceed amount of $270,100. Additional services required beyond the tasks as described can be negotiated or provided as extra work- on an hourly basis. We understand that some services or work elements confAined within the scope of work ma be deleted and the Fee adiustcd to correspond with the estimated work effort. This cost is an understanding of the protect to date. If this'docurnent satisfactorily sets forth your understandinv of our agreement, please retun a signed copy of the City's general contract to our office. We look forward to working with you and your staff. We look forward to working with you, your staff and 11ie community on this project. Fee: free to contact me if you have any questions at 651.490.2018. ']'hank you for the opportunity to continue to Work with the City of Brooklyn Center. Respectively submitted, SHORT EL.L10'1'1' 1-1E\1)RIUKSO\ INC. >S'irsan A9. Mason. R.E. Principal Cz rr &C ao rl A Ey tL C iv &C ao rl A Ey tL C Ic r.' r -J r te- 1 r �K 1 i r E O O 7. IL C. ot. tt Ge 04 c ze v IC pp ce rw qc 4- 1 OD ol ao O O 7. c c r., u 30 LA J, 1-5 l O O 7. SEH Hourly Billable Cost Range Ciassiftcation (u Billable Rate"l Office Staff P7incipal $142.5 SI99.80 Project N $112.50 -$185. 5 Project $93.50-SI6e. 5 StaffF..ngi lcel; \rchitect %'Plannrr!Sric:ntist $81.00 -.S12 Lead Technician $83,30 513:.00 Senior Technician $7 9. 75 SI 10.00 Technician $61.50.55 Associate Rchniciat) $56,40- 57 5.fi(1 1A1`c:rd Processor $56.DO- 585.00 General Clerical $56,00 -$85.00 {graphic Dcsig:ters $76,00 $101.00 Field Staff Lead Project Representative $90.00 $135.00 Sr. Project Representative $85.80- $120.10 Project Representative $65,00 $103.00 Su: vey Party Chief $73.50 $13;3.15 Surve}' Instrument Operator $62.50 $77.95 Survey, ssistam. $46.00 $76.00 Y I'lIC' actual rate c:11arrd is dependent Upon tllc 11ntn'h rate oI'the cnlflloycc assi &nerd to the project, The rates shown are subject Lo Change. Effective: January I 2009 Expires: December 31, 2009 SE H seh hourly billable cCSt range SEH Schedule of Expenses Yehicle Mileage Rates All Vehicles $0.55 /rnile Vehicle Allowonce Costs ReSldenL PruKct R c p resentaLiVC $13.00,'dav Survey N'ar. $4.50/hour $0,55 1 /mile"' Computer Equipment UT Gauge- (1'letal Thickness) Compute] Charges per Direct Hour of Labor rlcomtter (Adhesion Strer gd—p; Total Station )vith Autol,ock $20.00 /hour 'total Station without AutoLock $10.00/ hol-.1 Glohal Positioning; System (CPS) $25.00 Other expenses for additional items may be required by the Owner to fulfill the terms of a specific authorization Traffic Counter $25.00/unit /c01-1111 1.ideo Camel $4.00 /hour plus tape Bout. Rental $100.00;'day .ATV Rental $100.00'day Snowrnobile Renal $100.00; d vv �A astewater Sampler $340.(10 /week Evaluation Equipment Gas hietcr $20.00/caV' Tooke Gauge (Paint Identification) $20.00/day' UT Gauge- (1'letal Thickness) $20.00/cay�''' rlcomtter (Adhesion Strer gd—p; $20.00!(a) Dr, film J hickness Qiuge $12. 4 iav Nuclear Density Tester $200.00 ./week Plow Meters $75.00 /week Safety Equipment includes: 'Tripod /Rctri'e�er System; 13chs; Lanyards 30,Ut1 /day': Current 1RS Rate Or. projrcts extending one (.1) week or longer, this cost represcIIL� +rrkl•: rates. Eftc:c1.1111c: January 1, 2009 Expires: Dcccmber 31. 2009 S E H seh schedule of expenses :,ape Identifiable Reproduction and Reprographic Costs Item 8 1 1 1x17 Large Format Per Item Black., Ulite Copyc": I 0,07 0.17 1.05 Golor copy I 0.70 1.90 I Printecl Transparency black /white Printed TI-,l :;Sharcncy- ",OU color MN'lar C1111111 I 2.00 I JCa3lIllIl {,�C'r S(l. ft.� I ,05 CD Copy I 3.C►C'� Lamination I 2.00 I 3.50 I 3.50 LF L.aminated }'oaricoi-' 110.00 f up to 4 "x36"1 Laminated Foarncorc. 75.00 (l t.rr Onto 29 "x;56"j Collating /Binding /Cover 4.00 `3 -Ring Binder with Custom Graphic Gover 1 2" 3" 11" Size 3 -Ring Rindc•r with Custom Graphic Govcr 5.10 6.04 7.62 11.30 Cost. Tabs f llrr ttil)j I I I >U Machine Fol(ling I 1 Mailinm%Processing I 5.00 Prices inchldr operator time. Prices denote single -sided printing. Standard stock, white japer used for Pricing. I i Prices air siibject t(I (.hang'e on a (ltlart.erIV l)asis ',tlld lrlm• unt bc- accornr�aniccl Ily Horne <liau ncxiiic :aic�r. lrffe(Live: J;tnunry 1, 2009 Expires: December 31, 2009 i I SE H seh schedule o! expenses I gage': ACORD. CERTIFICATE OF LIABILITY INSURANCE Dk.TE(AVO9 7107/09 X AW AUTO i PRODUCER 952 -830 -30010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance ONLY AND CONFERS NO FIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Services of Minnesota, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4300 MarketPointe Dr #500 COMPANIES AFFORDING COVERAGE Bloomington, MN 55435 coMPAVY A Federal Insurance Cnmpany FIED SEH Inc. cuMPAVv B Natiorviide Mutual Insurance Co Short Elliott Hendrickson, Inc 3535 Vadnais Center Drive Ci _y C nclnnati I Tswance Comoan St Paul MN 55110 C{IWANY D ChLbh Indemnity Ins Co COVERAGES S 1,000; Deductible THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T1 IF INSURED NAMED ABOVF FOR TFIF PDLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, rERM OR CONDITION DF ANY CONTRACT OR OTH =R DOCUMENT WITH RLSPECI I WHICH THIS CERTIFICATE MAY BE I55UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE n:RMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. c0 LTR TYPE OF INSUR4NCE NUMt POLICY FFFEETIVE PCUC"' EXPIRATION DATE (MWOU'YY) DATE (MWDD1YY) EMITS A tB ERAL LIABILITY 35829618 10101 i08 10101 iOB GENERAL AGGREGATE s �r,:,r_ Dc) X COMMERCIAL GENERAL LIABILITY Includes Per PIRODUCTS COMWEIP AGG S ^C•J[:OCD ICIAIM5MADE nOCCUR Location PFRSONAI1 S 'te;4C:1C0 G'AINER'S e. CONTR.4C`0R'S PROT AggrogateiPer LACH OCCURRENCE S C. Project FIRE DAMAGE (A+ y—L -fi,.1 S 24111CJCO Aggregate MED EXP (Auy one person) Y g AUTOMOKE LIABILITY X AW AUTO ALL WINED AUTT?a 5CHED'JLEDAUTOS HIRED AU FOS NON- 0IbRr:7 AL11 CIS GARAOE LIABIDTY AGGREGATE S ANY AJTO C DL CM LIABILITY UMBRELLA FORid X OTHER THAN UMERELLA FORM D 'AIOWS COMPENSATION AND EMFLOYEIS' LIABILITY THE PPGPREToR, /NCI PART NE R S: E}; ECUTIVE Of FICERS ARE EY.CL A OT14ER blanaet ::intents BA7131965099 XS1151890 71720101 35829618 OESCRIPTICN OF OPERATIONS ILOCATIDYSIVEHICLESWK:IAL I EMS Cc)hiticate holder is Primary Additional Insured With respe-Cls 10 general Ability CERTIFICATE HOLDER City of Brooklyn Center 6301 Shingle Crock Parkway Brooklyn Center FAN 55430 ACORD 25S (1195) 70 31 10101/08 10/01/09 COMBINED SINGLE LIMIT BODILY IWURY IIM� perm n) BODILY INJURY E 10101/08 10101/08 10/01/08 PROPERTY DAMAGE I S AUTO ONLY. EA ACCIDENT S OTHET TFIA\ AUTO ONLY EACF ACCIDENT I S AGGREGATE IS 10101100 EACH OCIMIRRENCE S_ AGGREGATE S SCUi'sG� IS 10. X TORY I Mill's O TR IL CACTI ACCIDENT S .Ii C� EL DISEASE POLICY LIMIT EL DISEASE EA EMPLOYEE S =QiP. NCO 10t{t1 r09 S8,651,400; Replacement Cast S 1,000; Deductible Special Four including theft CANCELLATION SHOULD ANY OF THE ABOVE DEBED POLICIES BE CANCELER) BEFORE THE O(PIRA DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOr1 TO MAIL 10 DAYS WRTTEN NOTICE TO THE CEZTI =ICATE HOLDER NAMED TO THE LEFT. OBLIGATION BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITV OF ANY KIND UPON THE COMPANY. 17S AGGE_WSS�OR FB�RESENTATIVES AIJTH0Nj13�'tI�ES� 7 7 4) ACORD CORPORATION 1988 The ACORD name and IDyu arc registered narks vi ACORD ACORD, CERTIFICATE OF LIABILITY INSURANCE DAT C IM MICIONYYYI 06/30, PRODUCER (952)893 -1933 FAX (9$2)$93-1819 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION If. Robert Anderson Assoc., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4600 West 77th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 105 Edina, MN 554:35 INSURERS AFFORDING COVERAGE I NAIL p INSURED Short Elliott Hendrickson, Inc. wsu-tERA XL Specialty Insurance Co. I 1 SEH, Inc, v::u 3S35 Vadnais Center Drive Nt:11::Ier, St. Paul, MN 553-10 NSI.4EftC NSURcR_E COVERAGES hF POLII IL3 CI INFiURANCL US'TEU BELOW HAVE BEEN ISSUED TU 1 HE INSURED `IAMED ABOVE FUG 1 HL PC-'.ICY PERIOD INDICATFD NCTvViTHSTA4r)iNG ANY REOUIREkIENT, TERM OR CCINorl 104 OF ANY CON I RAC f OR DTHER DOCUI'ALN VIITH ftr =SP =CT TO `A411CH IH'S CER7I1 ICAI L MAY BE ISSULD OR NAAY PERI.AIN, THE iNSURANCE AFFCRDED HY tHE POLICIES DESCRIBED HEREIN IS SLIKIFCT TO A11 HE TEWS, EXC LIUS 04S ANC CONDIT •CNS of SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA.INIS INSRODIVL POCiCYER ECTWE POLIO`'EX'PRA7i'DN LTR 143RD TYPE OF INSURANCE POLICY 14UMBPR I DATE EMM7D91YYYY) f DATE hfAMDrYYYYI LIMITS GENERAL LIABILITY I EACH CCCLIWENCE I_ l DWACET:r REN-EG CCAAMERCIAkGENERALLAGILI-Y ^R[NISE'ti;FACCt�rrrencay i Y 'Vat; h•A.Of V CGUIt I i MEL" E. %P IFtEy one pmson: 3 PERSONAL 1. A W INJURE F 1 GENEz{:d_AGGITG. GAIL tiEK'LAC):iHC I_I'A 'r AF•PlIL5PI:1' PIZ0111,V '::DIJPaJP AGC3 S PRC .-C'I ICY 'FCT LOC AVi0MD111L£ I.V401' -ITY I GC•Mt3 N£L: SINGLE LJNII- 5 ANY ALRo i 1Fa ac:iamv i ALL tiL1YtE6 AUTOS I I10DIL INJUNY I 3 j 3 HECULFD.AUTQS IPnr pCfEARI i r H.'RFI ?.aVT(;•$ I 1101311 RY Pw a� rrrcnl! .1 I PROPFR IY IIA61AGF S :PC. a.:C1dCF!1 GAT AGE l3AN11_I7Y 14,.11ODNIY- EAACCIUCNT S ANY AUTO f .>,CC S THAN A JTD JNL 4GT; 9 EXCESS !UMBRELLA LIABILITY EA`JVI O<CURRENCE Y OCC'. R r,I 41fdSVAOF I 1 r 1 i_ nrnLC;f'I31 E I i erTr:- +T1cN s NJORNERS COMPENSATION 'rc 14- tt rI- CRY H•A[7'c FR. AF_D EMPLOYER!' LIABCL'tY YIN I AF.l'I'RU °17 ETOrt:PAR'f:YER�f'RFGJ71't'F &1. 1. A.C: H ACC:IOFN1 S ar- lGERAI! E: E XCLUGF.)' {tA nnc a:orpin Nllr Et 0'3FA3F LA Eb1PLCYE S it ro: 0_sGnC✓_'ri_o' 8YR'C.1'L I`. 1. DC +E AS? Y01.1C`: 11R91f 5 OTHER 01 10/01/2009 10/01/2009 Each Claim/ $5,000,000 Professional Liability I annual Aggregate $10,000,000 DES%RhTID1. OFOPEP,F.i:Ohfi' l.rH:AS10r.S1 VVIICLESJ EXCLUSIONS ADDED BY ENDORSEMENT, SPECI4L PRGVISiONS I -10 days notice- for cancellation if reason is for non- uavment of vre.mium. CEHTIFIC J HOLDI :R CANCELLATION 5110E-1-D ANV OF THE ABOVE OES^_R.'DED POLICIES EIL CANCELLED BtPOHE 10 EXP'RATIO, DATE 7HERZOF, T11F_ ISSU+NG INSURER 'h'll,t .NDCAVOR TO MAR 30 DAYS WRITTEN NOT1C "TO THE CERTIFICATE HOLDEq NAMED TO THE LEFT. 6.1T FAILURE TO CO SO SHn. -L City Of Brooklyn Center IIJ1'CSE NO OEIL 3A7101 -,ITY 11N1(SINE' UPON THE NSUP'eR S r,Gf N'S OR 15301 Shingle Creek Parkway REPFIL5t14TA -WFIS. Brooklyn Ce MN 55430 A.JTHORI L'I•RE °RLSENTAtN, O ACORD 25 (2009161) 198E -2009 ACORD CORPORATION. All rights reserved. The ACORD name and IDyu arc registered narks vi ACORD City Council Agenda Item No. 6f COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk Q bj,,NN� DATE: July 8, 2009 SUBJECT: Amend 2009 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2009 City Council meeting schedule as follows: Add July 20, 2009, 6:30 p.m. for Budget Work Session w/Financial Commission Reschedule the August 17 Budget Work Session to Tuesday, August 25, 2009, 6:30 p.m. Add August 31, 2009, 6:30 p.m. for Budget Work Session w/Financial Commission Add November 30, 2009, 7:00 p.m. as 2010 Budget Hearing Remove December 7 Initial Truth in Taxation Hearing Remove December 14 Continuation Truth in Taxation Hearing Background: At its June 22, 2009, Work Session, the City Council discussed the 2010 Budget Calendar. It was Council consensus to reschedule the August 17 budget work session to Tuesday, August 25, 2009, at 6:30 p.m. Included in the 2010 Budget Calendar were two additional meeting dates that were not previously set on the 2009 City Council Meeting Schedule and need to be added to the schedule July 20 and August 31. Due to the fact that the State legislature has eliminated the Truth In Taxation Hearing requirements for cities, the proposed schedule substitutes a Budget Hearing on November 30, 2009. Budget Issues: There are no budget issues to consider. City of Brooklyn Center DRAFT 0719312009 2009.City Council Meeting Schedule Regular City Council Meetings Council Chambers, City Hall Study/Work Session 6:00 p.m. Informal Open Forum 6:45 p.m. Regular Session 7:00 p.m. Work Session immediately following (Continued) Regular Session Brooklyn Center City Council regularly meets the 2nd and 4th Monday each month, unless Monday is a holiday. January 12 January 26 February 9 February 23 March 9 March 23 April 13 April 27 May 11 May 26 (Tuesday, after Memorial Day) June 8 June 22 July 13 July 27 August10 August 24 September 14 September 28 October 12 (Columbus Day) October 26 November 9 November 23 December 14 Special City Council Meetings All dates are Monday unless otherwise noted. February 28 (Saturday), a.m. Facilitated Retreaf EBHC April 20 7:00 p.m. Board of Appeal Equalization CC May 4 5:30 p.m. Continuation Board of Appeal Equalization CC June 1 6:30 p.m. Work Session w /Auditor and Budget Work Session w /Financial Commission CC Duly 20 6:30 p m, Budget Work: Session w /Einar' vial Commission CC **'CANCELED*** �;i7rroi 1hlnrL Crs��inrx .30 O.m' August 25'(Tuesday) 6;30 p.r»: B d et Wdrk Session u g w /Financial Cen iimiss'ror. CC August 31,.=e 6:30 p.m. Budget; Work Session inrlFinaricial Commission CC October 19 6:30 p.m. Budget Work Session (Enterprise Funds) w /Financial Commission CC November 16 6:30 p.m. Budget Work Session w /Financial Commission CC November 30 7:00 p.m 2010 Budget �learn� CG Besember -7." **"CANCELED'` Pr-!14" *"CANCELED I �^'nr ri�'•+fii+wt Tri fFa 'Ir T.+v si nrs /iF. Reed ed All dates are subject to change. Call City Hall at 763 569 -3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. CR Council /Commission Conference Room located in lower level City Hall CC Council Chambers located in upper level City Hall EBHC Earle Brown Heritage Center, Harvest Room A, 6155 Earle Brown Drive City Council Agenda Item No. bg COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Scott Bechthold DATE: July 8, 2009 SUBJECT: Joint Powers Agreement regarding Hennepin County Chiefs of Police Association Mutual Aid Pact Recommendation: I recommend that the City Council consider adoption of the Joint Powers Agreement (JPA) approving the participation of Brooklyn Center law enforcement personnel and equipment as mutual aid to participating agencies in Hennepin County. Background: The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment in Hennepin County (thereafter referred to as the Joint Powers Agreement) was updated on July 1, 2009 to reflect accurately the procedures, address current issues, and enhance the ability of departments to share resources with each other. The original pact was created in 1968 with various agencies joining the pact throughout the years. The general purpose of the pact is to permit agencies to share law enforcement resources with other participating agencies in Hennepin County. The Joint Powers Agreement provides mutual aid to share resources to efficiently and effectively collaborate with other agencies. Should we want to withdraw from the pact, we may with a written notice to the Hennepin County Sheriff's Office which is the administrative coordinator of the pact. Currently, the City of Brooklyn Center participates in the Mutual Aid Pact. This resolution would recognize the updated version of the Joint Powers Agreement, which replaces the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment dated 2001. Budget Issues: None. Attachments: Resolution Mutual Aid Pact, updated July 2009 Signature Page, Mutual Aid Pact Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2009, FROM THE HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL AID PACT WHEREAS, Brooklyn Center has previously approved and participated in a mutual aid agreement between the police agencies within Hennepin County to provide cooperative use of police personnel and equipment; and WHEREAS, such agreement was approved by the Council; and WHEREAS, the participating governmental units have determined that it is advisable to clarify and update the language of that agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment, "Agreement dated July 1, 2009, from the Hennepin County Chiefs of Police Association be approved; that the City of Brooklyn Center is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new Agreement; and that the City Manager and Chief of Police is authorized and directed to execute said Agreement on behalf of the City of Brooklyn Center as a participating member of the Agreement. Julv 13. 2009 Date ATTEST: RESOLUTION NO. City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1�1 HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION 0 MUTUAL AID PACT SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have caused this Joint Powers Agreement to be executed for the City of Brooklyn Center Police Department. Dated: Title: Witness: Title: HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT Updated July 2009 TABLE OF CONTENTS FOREWORD JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT 3 I. GENERAL PURPOSE 3 II. DEFINITION OF TERMS 3 III. PARTIES 4 IV. PROCEDURE 4 V. LIABILITY 6 VI. EFFECTIVE DATE 7 VII. WITHDRAWAL AND TERMINATION 7 RESOLUTION (Sample) SIGNATURE PAGE (Sample) MUTUAL AID PACT Effective July 1, 2009 FOREWORD 9 The Mutual Aid Committee .of the Hennepin County Chief's of Police Association was tasked with revising and updating the mutual aid pact among all the police agencies of Hennepin County. The original pact was created in 1968 with the various agencies joining the pact throughout the years. Many provisions of the original pact were continued into the new pact. The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment in Hennepin County "Joint Powers Agreement was updated to reflect accurately the procedures, address current issues and enhance the ability of departments to share resources with each other. Each agency is responsible for entering and updating available agency resources on line in the RAPID Database. The general purpose of the pact is to permit agencies to share law enforcement resources with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, the Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts and back -up patrol service. This pact provides the flexibility for all agencies to use the resources located among all participating parties in Hennepin County. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or responding party. Each agency should acquaint supervisory Personnel with any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about 0 whether mutual aid was requested and what type of assistance is being provided. Hennepin County Chiefs of Police Association Mutual Aid Pad -1- Updated. March 2009 Furthermore, each officer within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another agency and the protections afforded under the agency's worker's compensation. Management of a mutual aid situation specifically remains under the control of the requesting party. The sending party retains direction and control of any Personnel provided. Yet, the sending party must coordinate with the requesting party the law enforcement assistance provided. Time commitments for mutual aid requests: While there is no hard and fast time limit, the commitment of .resources can be taxing on agencies. In addition, in some situations, an advantage can be gained by ending a mutual aid request and entering into some contractual assistance. Especially when the law enforcement costs need to be tracked or can be recovered from other sources. The Hennepin County Sheriff's Office "Sheriff') has again volunteered to serve as the administrative coordinator of the pact. As communities adopt the Joint Powers Agreement, the appropriate documentation and signature page need to be forwarded to the Sheriff. The participating parties to this agreement are solely responsible to update their available resources in the RAPID Database. The effective date for the new Joint Powers Agreement is July 1st, 2009. This date was established to allow enough time for agencies to receive the appropriate authority and to provide some finality between the old pact and the new pact. When a party elects to enter into the new Joint Powers Agreement, their participation in the former pact will cease on July 1 st, 2009. Some agencies may elect not to participate in this pact; those agencies would be bound under other mutual aid agreements or state statutes. Hennepin County Chiefs of Police Association Mutual Aid Pact -2- Updated. March 2009 JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT I. GENERAL PURPOSE The general purpose of this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment "Agreement is to provide a means by which a Party to this Agreement may request and obtain Law Enforcement Assistance from other Parties when the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. 11. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings: Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a Party to this agreement, at its own option. The Eligible Parties are the County of Hennepin and every governmental unit authorized to exercise police powers within the County of Hennepin, State of Minnesota. Subd. 2. "Law Enforcement Assistance" means equipment and Personnel, including but not limited to, licensed peace officers and non licensed Personnel. Subd. 3. "Party" means a governmental unit that elects to participate in this Agreement. Subd. 4. "Requesting Official" means a person who is designated by the Requesting Party to request Law Enforcement Assistance from other Parties. Subd. 5. "Requesting Party" means a Party that requests Law Enforcement Assistance from other Parties. Hennepin County Chiefs of Police Association Mutual Aid Pad -3- Updated. March 2009 Subd. 6. "Sending Official" means a person who is designated by a Party to determine whether and to what extent that Party should provide Law Enforcement Assistance to a Requesting Party. Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance to a Requesting Party. Subd. 8. "Sheriff' means the Hennepin County Sheriff or designee. Subd. 9. "RAPID" means the resource database available at rapidresource.org. 111. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that approve this Agreement and execute a separate signature page to become Parties. Upon approval, the executed signature page of this Agreement shall be sent to the Sheriff along with a certified copy of the documentation evidencing approval. Approval of this Agreement by a Party shall be evidenced by: for a municipality, a resolution adopted by the governing body, or for a non municipality, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. IV. PROCEDURE Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may .designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate alternate persons to act in the absence of an official. Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Law Enforcement Assistance from other Parties, such Requesting Official may, at Hennepin County Chiefs of Police Association Mutuai Aid Pact -4- Updated: March 2009 their discretion, call upon the Sending Official of any other Party to furnish Law Enforcement Assistance to and within the boundaries of the Requesting Party. Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party, the Sending Official may authorize and direct' Personnel of the Sending Party to provide Law Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law Enforcement Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Party by which they are employed). Failure to provide Law Enforcement Assistance will not result in liability to a Party. Subd. 4. When a Sending Party- provides Law Enforcement Assistance under the terms of this agreement, it may in turn request Law Enforcement Assistance from other Parties as "back -up" during the time that such Law Enforcement Assistance is provided. Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance or any part thereof, if the Sending Official in their best judgment deems such recall necessary to provide for the best interests of their community. Such action will not result in liability to any Party. Subd. 6. The Requesting Party shall be in command of all situations where Law Enforcement Assistance is requested. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Party withdraws assistance. Subd. 7. A Sending Party shall demand no charges or costs for Law Enforcement Assistance rendered under this Agreement. Hennepin County Chiers of Police Association Mutual Aid Pact -5- Updated March 2009 V. LIABILITY Liability for Injury or Damage to Responding Party's Personnel or Equipment Each party shall be responsible for its own personnel, equipment and for injuries or death to any such personnel or damage to any such equipment. Responding personnel shall be deemed to be performing their regular duties for each respective Responding Party. Worker's Compensation: Each party will maintain workers' compensation insurance or self insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. Damaae to Eouipment: Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. Liability for Injury to Third Parties or Property Damage of Third Parties The Requesting Party agrees to indemnify and defend against any claims brought or actions filed against a Responding Party or any officers, employees, or volunteers of a Responding Party for injury or death to any third person or persons or damage to the property of third persons arising out of the performance and provision of assistance pursuant to the Agreement. Under no circumstances shall a Requesting Party be required to pay, on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes. For instance, under no circumstances shall a City or County party be required to pay on behalf of itself or another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for a party. Hennepin County Chiefs of Police Association Mutual Aid Pact -6- Updated. March 2009 The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against the parties from a single occurrence to be defended by a single attorney. Nothing in this Agreement is intended to constitute a waiver of any immunities and privileges i from liability available under federal law or the laws of Minnesota. VI. EFFECTIVE DATE This Agreement shall become effective and operative beginning July 1st, 2009, 12:01 A.M., local time, for those Eligible Parties that have provided resolutions and executed documents to the Sheriff by that date. An Eligible Party may join the Agreement after July 1 st, 2009, by providing the necessary documents to the Sheriff. This Agreement shall continue in force until a Party or this Agreement terminates under the provisions of Section VII. Upon the beginning date of this Agreement or any time after the beginning date that an Eligible Party joins,. this Agreement shall supersede, replace and void for the Party the Joint and Cooperative Agreement for Use of Police Personnel and Equipment, dated 2001, that provides for mutual aid. The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. The Sheriff shall send a copy of each Party's executed signature page to all Parties of this Agreement. VII. WITHDRAWAL AND TERMINATION A Party may withdraw at any time upon thirty- (30) days' written notice to the Sheriff. The Sherrlf shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution and document. This Agreement will terminate when the number of Parties to the Agreement falls below eleven (11). Hennepin County Chiefs of Police Association Mutual Aid Pad -7- Updated. March 2009 HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have caused this Joint Powers Agreement to be executed for the City of Brooklyn Center Police Department. Dated: By: Title: Witness: Title: City Council Agenda Item No. 7a PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2009 AS NATIONAL ALCOHOL AND DR UG ADDICTION RECOVERY MONTH WIIFRE.AS, treatment and long -term recovery f om substance use disorders can offer a renewed outlook on life for those who are addicted and their family members; and WHEREAS, substance use disorders impact 23.2 million people aged 12 or older in the United States (or 9.4 percent of the population), which is more than the number of people living with coronary heart disease, cancer, or Alzheimer's disease combined; and WHEREAS, people who receive treatment for substance use disorders can lead more productive and fidfilling lives, personally and professionally; and II /HFREAS, studies have consistently found that individualized treatment is essential for people to be successful in their path of recovery; and WHF,REA S', real stories of long -term recovery can inspire others to ask for help and improve their own lives, the lives of their families, and the entire community; and l VIIFREAS, it is critical that we educate our community members that substance use disorders are treatable, yet serious health care problems, and by treating there like other chronic diseases, we can improve the quality of life for the entire community; and WHEREAS, to help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, and the White House Office of National Drug Control Policy invite all residents of Brooklyn Center to participate in National Alcohol and Drug Addiction Recovery Month. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the month of September 2009 as National Alcohol and Drug Addiction Recovery Month in Brooklyn Center and call upon the people of Brooklyn Center to observe this month with appropriate programs, activities, and ceremonies supporting this year's theme, "Join the Voices for Recovery: Together We Learn, Together We Heal." Julv 13, 2009 Date Mayor Council Members ATTEST.• City Clerk aJ �pN SERVICES,.` F S9 DEPARTMENT OF HEALTH HUMAN SERVICES o ti d SbYa3a Mayor Tim Willson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430- 0 Dear Mayor Tim Willson: Substance Abuse and Mental Health Services Administration Center for Mental Health Services Center for Substance Abuse Prevention Center for Substance Abuse Treatment Rockville MD 20857 National Alcohol and Drug Addiction Recovery Month (Recovery Month) is celebrating its 20 year of observance this September. This year's theme, "Join the Voices for Recovery: Together We Learn, Together We Heal" emphasizes the need to use all available resources, both in our communities and on the Internet, to educate people about the disease of addiction, seek help, and heal. It also celebrates those who have worked to advance the treatment and recovery landscape. Recovery Month is designed to help people understand there is hope and that help for alcohol and drug use disorders is effective and available. According to the 2007 National Survey on Drug Use and Health (NSDUH), published by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration SAMHSA), 23.2 million persons aged 12 or older (9.4 percent of persons aged 12 or older) needed treatment for an illicit drug or alcohol use problem. Of these, 15.5 million were dependent on or abused alcohol but not illicit drugs, 3.7 million were dependent on or abused illicit drugs but not alcohol, and 3.2 million were classified with dependence on or abuse of both alcohol and illicit drugs. In 2007, 3.9 million persons aged 12 or older (1.6 percent of the population) received some kind of treatment for a problem related to the use of alcohol or illicit drugs. Unfortunately, there are millions more in need of treatment but who are either unable or unwilling to receive it for a variety of reasons. Luckily, there is a wide range of services available to reduce the problem of addiction. Health care, addiction treatment and recovery services for those in need is a national health priority. In the past several years, steps have been taken to help expand treatment capacity and recovery support services in our country. To help increase the number of available treatment options, SAMHSA is leading the Access to Recovery initiative, a consumer -driven approach for obtaining treatment and sustaining recovery through a State -run voucher program. Working with all levels of government, communities, businesses and society as a whole, SAMHSA is working to create a healthcare system that both embraces and understands the need for more drug and alcohol treatment services. SAMHSA, the Federal Recovery Month coordinator, partners with other public sector entities, national and local coalitions, and other organizations to develop a Recovery Month activities toolkit, as well as other special events held throughout the Nation during the month of September. For your review and use, we have enclosed a copy of the 2009 toolkit. Office of the Administrator Office of Applied Studies Office of Communications Office of Policy, Planning and Budget Office of Program Services Page 2 In 2008 there were 853 events held in local communities throughout the country, reaching an estimated one million Americans. In 2009 we hope to exceed this number, including the SAMHSA- sponsored community events during the month of September. These community events will examine key treatment and recovery- related issues in local communities, and will define specific objectives and action steps to broaden support and access for individuals in recovery. Each event seeks to unite a range of stakeholders in taking action, including individuals in the recovery community and their families and friends; pohcymakers and community leaders; judges; insurers; health professionals; treatment providers; educators/ schools; community -based and faith -based organizations; the criminal justice system; diverse racial, ethnic and cultural groups; and members of the media. To get the latest information on these and other events nationwide, and to find those nearest;to you, go to our Recovery Month Web site at www.recovervmonth.2ov. Click on the 2009 Recovery Month icon and select events. The enclosed toolkit was also sent to other State, city and municipal officials. We encourage your local State Substance Abuse Director to join the many field networks and coalitions that will organize Recovery Month activities. Please support their requests for drafting a Recovery Month proclamation for your jurisdiction an d hosting a proclamation- signing media event. Please make sure to fill out the Customer Satisfaction Survey located in the Recovery Month toolkit, and send information concerning your celebration and any materials produced to the address listed on the form. Your input and comments will assist in the development of future material and program- that can best meet your needs. In addition, please encourage everyone to post any planned activities within your. State, district, city, town, or municipality on the Recovery Month Web site at www.recovervmonth.Rov. For additional information about this observance, please contact Ivette Torres at SAMHSA's Center for Substance Abuse Treatment, Consumer Affairs office ivette.torresna.samhsa.hhs.sov), at (240) 276 -2757, or through www.recovervmonth.aov. Thank you for your efforts on behalf of the millions of citizens who are in recovery and their families. We look forward to your participation and support in this year's Recovery Month activities. Sincerely, Eric B. Broderic D.D.S., M.P.H. Acting Administrator Substance Abuse and Mental Health Services Administration H. W stley Clark N1 E e JD., 4 MPI CAS, FASAM Director Center for Substance Abuse Treatment Substance Abuse and Mental Health Services Administration Enclosure City Council Agenda Item No. 8a 0 C7 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk�� DATE: July 1, 2009 SUBJECT: An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs Recommendation: It is recommended that the City Council consider adoption of An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs. Background: At its June 8, 2009, meeting the Brooklyn Center City Council approved first reading of An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs. The second reading and Public Hearing are scheduled for July 13, 2009. Notice of Public hearing was published in the Brooklyn Center Sun -Post newspaper on June 18, 2009. If adopted, effective date will be August 22, 2009. Budget Issues: There are no budget issues to consider. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of July, 2009, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1 -265 OF THE CITY CODE OF ORDINANCES RELATING TO REGISTRATION OF DANGEROUS DOGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 1 -265 of the City Code of Ordinances is hereby amended in the following manner: Section 1 -265. REGISTRATION. 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: i b. in the case of a dangerous dog only, a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $300.000 $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $300.000 $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog; Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2009. Mayor ATTEST: 0 Date of Publication: Effective Date: City Clerk (Str-ikeeut indicates matter to be deleted, underline indicates new matter.) MINNESOTA STATUTES 2008 347.51 347.51 DANGEROUS DOGS; REGISTRATION. Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the dog is registered as provided in this section. Subd. 2. Registration. An animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: (1) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a dangerous dog on the property, including a warning symbol to inform children; (2) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; (3) the owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (4) the owner has had microchip identification implanted in the dangerous dog as required under section 347.515. Subd. 2a. Warning symbol. If an animal control authority issues a certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the animal control authority must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dangerous dog on the property. The warning symbol must be the uniform symbol provided by the commissioner of public safety. The commissioner shall provide the number of copies of the warning symbol requested by the animal control authority and shall charge the animal control authority the actual cost of the warning symbols received. The animal control authority may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. Subd. 3. Fee. The animal control authority may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the animal control authority review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of Copyright Q 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2008 347.51 aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, the authority may rescind the dangerous dog designation. Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used by law enforcement officials for police work. Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person: (1) who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) who was committing or attempting to commit a crime. Subd. 6. [Repealed, 1 Sp2001 c 8 art 8 s 30] Subd. 7. Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. Subd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous dogs based solely on the specific breed of the dog. Ordinances inconsistent with this subdivision are void. Subd. 9. Contracted services. An animal control authority may contract with another political subdivision or other person to provide the services required under sections 347.50 to 347.565. Notwithstanding any contract entered into under this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the animal control authority and all certificates of registration must be issued in the name of the animal control authority. History: 1988 c 711 s 2; 1989 c 37 s 6 -10; 1991 c 195 s 1; 1994 c 550 s 2; 1997 c 187 art 3 s 32; 1 Sp2001 c 8 art 8 s 16 -18; 2008 c 325 s 3 -7 Copyright C 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk L O �N j DATE: June 1, 2009 SUBJECT: An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs Recommendation: It is recommended that the City Council consider approval of first reading of An Ordinance Amending Section 1 -265 of the City Code of Ordinances Relating to Registration of Dangerous Dogs and set second reading and Public Hearing for July 13, 2009. Background: The ordinance amendment is a housekeeping change. In the 2008 Legislative Session, Chapter 325 —S.F. No. 2876 passed relating to changing provisions regulating dangerous dogs (Minn. Stat. 347.5 1, subd. 2). One of the changes made was to increase the amount of the surety bond payable to any person injured by the dangerous dog from $50,000 to $300,000. Section 1.265 (2)(b) of the City Code of Ordinances outlines the surety bond requirements. It is recommended to be consistent with State Law and the requirements for the surety bond and increase the amount from $50,000 to $300,000. Budget Issues: There are no budget issues to consider. City Cp °n cil Agenda item N oo A-ea 1�1 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager ne ��Y�UI��7U1� FROM: Sharon Knutson, City Clerk DATE: July 7, 2009 SUBJECT: Hearing for Hyder Jaweed, Holdingford Investments, LLC, Regarding Rental Property Located at Brookhaven Apartments (3907, 3909, and 3911 65 Avenue North) Recommendation: It is recommended that the City Council consider revocation or suspension of a rental license for failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12. Background: The property located at 3907, 3909, and 3911 th Avenue North is an apartment complex known as Brookhaven Apartments (3 buildings with 54 units). City and County taxpayer records indicate owner as Holdingford Investments LLC, P.O. Box 120728, St. Paul MN 55112 City rental dwelling license application records indicate owner as Hyder Jaweed, 3 Blue Spruce Court, North Oaks MN 55112 Secretary of State business records indicate Holdingford Investments LLC is located at 3 Blue Spruce Court, North Oaks MN 55112; original date of filing 11/13/2007 March 23, 2009 City Council issues renewal rental license for Brookhaven June 5, 2009 City Assessor notifies City Clerk that Brookhaven Apartments has past due taxes (property taxes were due May 15, 2009) [it should be noted that one other multifamily dwelling had past due taxes; however, the owner paid those taxes as soon as notice was received by the City Prosecutor] June 5, 2009 notified City Prosecutor that property taxes were not current (first half 2009 taxes due $32,639.50) June 11, 2009 City Prosecutor mailed letter and notice of proposed license action July 7, 2009 Hennepin County confirms first half taxes 2009 plus penalties are unpaid in the amount of $32,941.72 Attached are copies of all correspondence related to this hearing. Budget Issues: There are no budget issues to consider. Hennepin County Property Information Hennepin Count%& MN WWW US HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday Friday) at approximately 9:15 p.m. (CST) Property ID No.: 34- 119 -21 -31 -0081 NON HOMESTEAD Property Address: 3907 65TH AVE N BROOKLYN CENTER Owner Name: HOLDINGFORD INVESTMENTS LLC Taxpayer Name and Address: HOLDINGFORD INVESTMENTS LLC PO BOX 120728 ST PAUL MN 55112 2009 TAXES TAX 1 st Half Tax (Due Date May 15th) $30,221.76 2nd Half Tax (Due Date October 15th) $30,221.76 Penalty Total Payable $60,443.52 Net Paid YEAR TO DATE $0.00 Total Due $60,443.52 Property ID No 34- 119- 21 -31- PENALTY Page 1 of 1 TOTALS $2,719.96 $2,719.96 $0.00 $2,719.96 0081 1st Half Tax Due through 07/31/2009 Note: If you are using this page in 2nd Half Tax Due through 10/15/2009 lieu of Hennepin County payment stub to remit payment; after printing the page, please check the box in front of the payment amount that you Total Due 2009 Tax are remitting. There are no prior year taxes due on this property. 3411921310081 $63,163.48 $0.00 $63,163.48 $32,941.72 $30,221.76 F] $63,163.48 https: /www l 6 .co.hennepin.nm.us /taxpayments /taxesdue.j sp ?pid= 3411921310081 07/07/2009 xn kn a, r ON M O N M r u� M O N O O r' O N N t O low O Z w O 0 U U to to C,4 OR ca Ln 0 M U Rental Dwelling License Application Rental Dwelling Biennial Fee Schedule: Single Family: $150.00 Two Family: $300.00 both units/`$150.00 one unit Multivle Family: $150/building plus $101unit Licenses are issued for two years. Single Family Two Family Unit(s) Multi Family 3 Bldgs 5 4 Units TO THE HONORABLE CITY COUNCIL: Date: 10 \1-7 \2002 Addresses) of Dwelling(s): 3907 3909 3911 6 5TH Ave. N P.I.D. No. (all parcels) Name of Dwelling or Complex: Brook haven Apartments Complete Name, Address, Telephone Number, and Birthdate of Each Owner. A company or corporate name is not acceptable. Refer to Section 12 -901 12 -903. Use additional sheets if necessary. Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application. Name: Jaweed Last Address 3 Blue Spruce Court Street Saint Paul, City Telephone Number: __f 6 51 1 4 0 751 Hvder First Minnesota State Birthdate: o c t 6, 1976. Raza Middle 55127 Zip Code Name, Address and Telephone Number of Vendor if property is being sold through contract for deed: The undersigned hereby applies for a rental dwelling license and acknowledges receipt of a copy of City Ordinance Sections 12 -101 through 12 -1401; acknowledges the provisions of the Building Maintenance and Occupancy Ordinance have been reviewed; and attests the subject premises will be operated and maintained according to the requirements contained therein, subject to applicable sanctions and penalties. The undersign ed fwdilfD ss n be inspected by the compliance official as provided in Section 12 -1001 of said C REBECCA S. CRASS N4TA+�Y Pi181 AAINNES L Hyder R Jaweed tieing first duly sworn, upon his/her oath depose yn5o� tie n o Exgres J has executed the foregoing application and that the statements made herein are tnieie i is Notarized Signature of Owner Subscribed and sworn to befo e e th%-a Notary Public Signature County o' P ilm— day of �P r 20 CA My Commission expires .31 -Ao© 5 [Page 1] Number, Type, and Size of Dwelling Units: A. Single Family Sq. Ft. Living Area; Bedrooms B. Two Family (Duplex) Sq. Ft. Living Area/Unit; Bedrooms C. Townhouse Sq. Ft. Living Area/Unit; Bedrooms D. x Multiple Dwellings 5 4 N umber of dwelling buildings E fficiency Units Sq. Ft./Unit 1 B_ 1 Bedroom Units Sq. Ft./Unit 3J Bedroom Units Sq. Ft./Unit 1 3 Bedroom Units Sq. Ft./Unit 4 Bedroom Units Sq. Ft./Unit 54 Total Dwelling Units in Multiple Dwellings Describe procedure through which tenant inquiries and complaints are to be processed. Include name, address, and telephone number of the management company and/or caretaker /manager can the eremites_ (Notify the City of any changes): Name: Judith Daniel Address 3909 6 5 Ave N _e 3 Brooklvn Center. MN 55430 Ph 763 533 3807 Name, Address, Telephone Number and Notarized Signature of Recidpnt Aged (required if owner lives outside 7 county metro area; refer to Ordinance Section 12 -904): Name: Address: City, tate Zip Code: tY, P Telephone Number: Notarized Signature of Resident Agent Subscribed and sworn to before me this day of 20 Notary Public Signature County My Commission expiree Notice to Applicants: A. The compliance official must be notified in writi within five hncin days of any transfer of legal control and ownership. B. Owners of multiple dwellings must post the license or certificate thereof (Section 12 -907) and must ,maintain an occupancy (Section 12 -909). Copies of the Building Maintenance and Occupancy Ordinance are available from the City. Owners, agents and managers s" ld be familiar with its provisions. 46 An inspection of your rental property is required prior to the license being approved by the City Council. Upon mailing you application and fee to the City, please contact the Community Development Department (763- 569 -3330) to schedule the inspection. Inspections are scheduled Monday thru Friday from 9:00 a.m. to 12:00 io.m. between 1:00 4:00 n.m. [Page 2] BUSINESS ORGANIZATIONS INQUIRY VIEW ENTITY Page 1 of 1 .1I k fpV0 sF'stif to It i H TI p innS o f DA Home UCC Business Services Account Session Briefcase Heln /FAQs About Login BUSINESS ORGANIZATIONS INQUIRY VIEW ENTITY Filing Number: 2586854 -2 Entity Type: Limited Liability Original Date of Filing: 11/13/2007 Entity Date to Expire: Good Standing: 2008 (date of last annual filing) Company Entity Status: Active Chapter: 322B Name: HOLDINGFORD INVESTMENTS, LLC Registered Office 3 Blue Spruce Ct Address: North Oaks, MN, 55127 Home State: MN Agent Name: No Agent Filed Additional Entity Detail I L Return to Search List New Search C7 DA Home I OSS Home I Contacts I Privacv Policv I Terms Conditions Use of this site and services indicates your acceptance of the Terms Conditions of Use. ©Coovriaht 2001 Minnesota Office of the Secretary of State. All Rights Reserved. http: /da.sos. state. mn. us /minnesotalcorp_ inquiry- entity.asp ?:nfiling number 2586854 -2... 07/07/2009 11 June 2009 By Certified Mail and U.S. Mail Holdingford Investments, LLC 3 Blue Spruce Court North Oaks, Minnesota 55127 RE: Notice of proposed license action Dear Sir, Enclosed herewith and served upon you is a notice of proposed action against your rental license for that premises known as Brookhaven. The only exception to an action based upon failure to pay real property taxes in a timely manner is a lawsuit maintained by you challenging the amount and/or validity of the tax. You must make an application to the Council for relief, if such a lawsuit is pending. You are further advised that an action against the license is not the sole or exclusive remedy available to the City and the City reserves the right for further civil and criminal proceedings. Sincerely, CARSON, CLELLAND SCHREDER William G. Clelland Prosecuting Attorney cc City Manager, Le Fevere, Rose Cif' Council Agenda Item No. lOb C COUNCIL ITEM MEMORANDUM C7 TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works DATE: July 7, 2009 SUBJECT: Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain for the Bass Lake Road Streetscape and Regional Trail Improvements Project No. 2009 -18 Recommendation: Staff recommends that the City Council approve the attached resolution determining the necessity for and authorizing acquisition of certain property by proceedings in eminent domain for the Bass Lake Road Streetscape and Regional Trail Improvements. Background: As part of the Bass Lake Road Streetscape and Regional Trail project, proposed improvements as well as existing public elements such as sidewalks and other streetscape elements have been identified that fall outside of existing public easement areas. Public sidewalk/trail and streetscape easements are needed for these proposed improvements and existing features. Due to the federal funding that will be used for a portion of the project cost, easement acquisition efforts must follow specific guidelines and procedures; all that will be submitted through and approved by Mn/DOT for this project. This work including full easement acquisition must be submitted to Mn/DOT for approval prior to November 1, 2009 in order to meet the project approval deadline, which is November 13, 2009 full approval must be obtained by this date in order to obtain the $2,000,000 federal stimulus funding dedicated to this project. Staff has discussed the project and all needed easements with property representatives and anticipates that all needed easements (see attached exhibits) will be dedicated by the property owners to the City. In the event negotiations are not successful, the City would need to exercise the power of eminent domain to obtain possession of the easements. Should this course be needed, authorization must be given by City Council in accordance with the attached resolution. Budget Issues: Funding for this project includes federal stimulus funding ($2,000,000) Three Rivers Park District, Hennepin County, TIF District 3, and possibly others. Other funding options could include assessing the benefitting properties for portions of the improvements similar to what was done for the street improvements along Xerxes Avenue. Should easements need to be acquired and paid for as indicated, funding options for the amounts of the purchases for these easements would further be evaluated, such as assessing a portion of the project cost to the benefitting properties. Regardless, these amounts are anticipated to be within the 2009 and 2010 budgeted contingency amount for project. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009 -18 WHEREAS, the City of Brooklyn Center "City is a municipal corporation organized and operating under Minnesota law, and is authorized by its charter and Minnesota Statutes section 465.01 to acquire private property for an authorized public purpose, using the procedure prescribed by Minnesota Statutes, Chapter 117; and WHEREAS, the City has undertaken a project known as the Bass Lake Road (County Road 10) Streetscape and Regional Trail Project (the "Project and WHEREAS, the Project involves constructing a missing segment of the regional trail system, designing elements that will encourage safe pedestrian routes and street crossings, installation of biofiltration systems and streetscaping; and WHEREAS, the Project is multi jurisdictional, involving the Minnesota Department of Transportation, Hennepin County, Three Rivers Park District and the City; and WHEREAS, the City has identified the need to acquire permanent and temporary easements over certain real properties, as described on the, attached Exhibit A (the "Easements for purposes of the Project; and WHEREAS, the City intends to pay for the Project with grant funds awarded to the City under the America's Recovery and Reinvestment Act and other funding to be determined; and WHEREAS, in order to satisfy requirements to obtain the grant funds, the City must have obtained title to the Easements for the Project on or about November 1, 2009; and WHEREAS, in order to meet the acquisition deadline for funding purposes, it is necessary for the city to acquire title to and possession of the Easements in accordance with Minnesota Statutes 117.042; and WHEREAS, the City desires to obtain appraisals from an independent appraiser licensed by the State of Minnesota, to estimate the damages that will result to the affected properties as a result of the acquisition of the Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: RESOLUTION NO. Acquisition by the City of the Easements described on Exhibit A is necessary, convenient and reasonable for the purpose of constructing the Project. 2. The City Council deems it necessary in order to meet the anticipated funding and construction schedule for the Project to acquire title to and possession of the Easements prior to the filing of a final report of commissioners, in accordance with Minnesota Statutes 117.042. 3. The City's staff is authorized to review and approve the appraisal reports prepared by the independent appraiser, to make offers to the property owners based upon the appraisals as approved by staff and within the budget established for the Project, and to negotiate in good faith with the property owners for the acquisition of the Easements. 4. In the event that negotiations are not successful, the City Attorney is authorized and directed on behalf of the City to acquire the Easements as described on Exhibit A for the Project by the exercise of the power of eminent domain pursuant to Minn. Stat. Chapter 117, and is specifically authorized to notify the owners of the City's intent to take possession pursuant to Minn. Stat. 117.042. is 5 The City Attorney and city staff are further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Julv 13. 2009 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: Y and the following voted against the same: whereupon said resolution was declared duly passed and adopted. C7 Boa 198 Kennedy Graven, Chartered Parcel 1 Torrens EASEMENT THIS INSTRUMENT is made by Jerry's Enterprises, Inc., a corporation organized under the laws of the State of Minnesota, Grantor, in favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota legally described on the attached Exhibit A (the "Properly'). B. Grantor desires to grant to the Grantee an easemer according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a perpetual, non exclusive easement for public walkway and sidewalk purposes over, under, across and through a portion of the Property as legally described on the attached Exhibit B. 2. Scone of Easement. The perpetual easement for walkway and sidewalk purposes granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, construct, operate, maintain, alter and repair public sidewalk and trail facilities within the described easement area. Trail uses include the use of trail facilities by pedestrians, non motorized bicycles, powered wheelchairs or carts operated by physically handicapped persons and, city and public safety vehicles utilized in maintenance or policing. Trail uses do not include use by motorized recreational vehicles such as snowmobiles, all- terrain vehicles or motocross bikes. 35406Qv3 JW BR291 -301 The easement granted herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 3. Warrantv of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Bindine Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 9 2009. JERRY'S ENTERPRISES, INC. By: Its: Chief Executive Officer STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2009, by Gerald Paulsen, the Chief Executive Officer of Jerry's Enterprises, Inc., a corporation organized under the laws of the State of Minnesota, on behalf of the corporation, Grantor. Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 (612) 337 -9300 3540Wv3 JW BR291 -301 2 Owner: Jerry's Enterprises, Inc. P.I.N.: 03- 118-21 -14 -0024 Description of Property: EXMBIT A Tract B, Registered Land Survey No. 1262, Hennepin County, Minnesota. Description of Easement: A permanent non exclusive easement for streetscape purposes over and across that part of the above described Property described as follows: Beginning at the southwesterly corner of said Tract B, Registered Land Survey No. 1262, Hennepin County, Minnesota; thence on an assumed bearing of North 23 degrees 26 minutes 10 seconds East, along the westerly line of said Tract B, a distance of 26.34 feet; thence South 21 degrees 36 minutes 43 seconds East, 27.11 feet; thence southeasterly 83.07 feet along the arc of a non tangential curve concave to the southwest having a central angle of 4 degrees 49 minutes 40 seconds and a radius of 985.93 feet, having a chord bearing of South 64 degrees 09 minutes 12 seconds East; thence South 61 degrees 44 minutes 22 seconds East, 269.40 feet; thence southeasterly 147.14 feet along the arc of a tangential curve concave to the northeast having a central angle of 9 degrees 07 minutes 29 seconds and a radius of 923.93 feet, to the easterly line of said Tract B; thence South 23 degrees 26 minutes 10 seconds West, along said easterly line of Tract B, a distance of 7.02 feet to the southeasterly comer of said Tract B; thence northwesterly along the southerly line of said Tract B a distance of 147.V feet along the arc of a non tangential curve concave to the northeast having a central angle of 9 degrees 05 minutes 32 seconds and a radius of 930.93 feet, having a chord bearing of North 66 degrees 17 minutes 08 seconds West; thence North 61 degrees 44 minutels 22 seconds West, along said southerly line of Tract B, a distance of 269.40 feet; thence northwesterly along said southerly line of Tract B a distance of 101.67 feet along the arc of a tangential curve concave to the southwest having a central angle of 5 degrees 57 minutes 02 seconds and a radius of 978.93 feet to the point of beginning. Said permanent easement containing 3,816 square feet (0.088 acres) more or less. 3540600 JMP BR291 -301 A -1 r r /�f, fit d N M r— r vi 9 J C e l it bs J auarr ►e► L FILE NC SEH �utme sw�w� v� s�ao 10e6?s Gov Naar mr snutr 354060v3 JMP BA29I_3oi i 1 �j �v a 0 a till o EASEMENT WETCH bMW 13 REGIONAL TRAIL IMPROVEMENTS p ARCEL BROOkLYN CENTER. MN 'J m Box 198 Kennedy Graven, Chartered EASEMENTS Parcel 3 Torrens THIS INSTRUMENT is made by Metropolitan Council, a public corporation and political subdivision organized under the laws of the State of Minnesota, Grantor, in favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota legally described on the attached Exhibit A (the "Property'). B. Grantor desires to grant to the Grantee easements according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuable' consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. The temporary easement expires on December 31, 2010. 0 2. Scone of Easement. The perpetual streetscape easement granted herein includes the right ,of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area any of the following f facilities and amenities: public sidewalk or trailway; retaining walls; decorative landscaping features including planting beds, boulders, shrubs, trees, and other landscape improvements; and irrigation systems. 35409W CDR BR291 -301 The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit earthen materials within the easement area and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the project. The easements granted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. 3. Wanrantv of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 2009. Metropolitan Council By: Its: Regional Administrator STATE OF MINNESOTA SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by the Regional Administrator of Metropolitan Council, a public corporation and political subdivision organized under the laws of the State of Minnesota, on behalf of the corporation, Grantor. Notary Public NOTARY STAMP OR SEAL r� LJ 35409W CBR BR291 -301 2 THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 (612) 337 -9300 354098W2 CBR BR291 -301 EXHIBIT A Owner: Metropolitan Council P.I.N.: 02- 118 -21 -23 -0024 Description of Property: That part of Lot 1, Block 1, METROPOLITAN TRANSIT ADDITION, embraced within Tract A, REGISTERED LAND SURVEY NO. 1211 and Tract B, REGISTERED LAND SURVEY NO. 1261, according to the recorded plat thereof, Hennepin County, Minnesota. Description of Easements: A permanent non exclusive easement for public streetscape purposes over and across that part of the above described Property described as follows: Beginning at the southwest comer of said Lot 1, Block 1, METROPOLITAN TRANSIT ADDITION; thence easterly along the southerly line of said Lot 1 a distance of 35.72 feet along the are of a curve concave to the north having a central angle of 2 degrees 11 minutes 55 seconds and a radius of 930.93 feet, having a chord bearing of South 89 degrees 44 minutes 55 seconds East, (for the purpose of this description the west line of said Lot 1 is assumed to have a bearing of South 2 degrees 13 minutes 07 seconds East); thence North 89 degrees 09 minutes 08 seconds East, along the southerly line of said Lot 1, a distance of 89.45 feet; thence North 83 degrees 26 minutes 29 seconds East, along the southerly line of said Lot 1, a distance of 100.51 feet; thence North 89 degrees 09 minutes 08 seconds East, along the southerly lin said Lot 1, a distance of 150.00 feet; thence North 47 degrees 34 minutes 34 seconds East, along the southerly line of said Lot 1, a distance of 10.55 feet; thence South 89 degrees 09 minutes 08 seconds West, 157.70 feet; thence South 86 degrees 47 minutes 25 seconds West, 225.72 feet to the west line of said Lot 1; thence South 2 degrees 13 minutes 07 seconds .East, along said west line of Lot 1, a distance of 7.02 feet to the point of beginning. Said permanent easement containing 3,351 square feet (0.077 acres) more or less. A temporary easement for construction purposes over, under and across that part of the above described Property described as follows: Commencing at the southwest comer of said Lot 1, Block 1, METROPOLITAN TRANSIT ADDITION; thence easterly along the southerly line of said Lot 1 a distance of 35.72 feet along the arc of a curve concave to the north having a central angle of 2 degrees 11 minutes 55 seconds and a radius of 930.93 feet, having a chord bearing of South 89 degrees 44 minutes 55 seconds East, (for the purpose of this description the west line of said Lot 1 is assumed to have a bearing of South 2 degrees 13 minutes 07 3540"v2 CBR BR"1 -301 A -1 seconds East); thence North 89 degrees 09 minutes 08 seconds East, along the southerly line of said Lot 1, a distance of 89.45 feet; thence North 83 degrees 26 minutes 29 seconds East, along the southerly line of said Lot 1, a distance of 100.51 feet; thence North 89 degrees 09 minutes 08 seconds East, along the southerly line of said Lot 1, a distance of 150.00 feet; thence North 47 degrees 34 minutes 34 seconds East, along the southerly line of said Lot 1, a distance of 21.86 feet; thence North 89 degrees 09 minutes 08 seconds East, along the southerly line of said Lot 1, a distance of 14.63 feet; thence northeasterly along the southerly line of said Lot 1, a distance of 54.29 feet along the arc of a tangential curve concave to the northwest having a central angle of 37 degrees 37 minutes 27 seconds and a radius of 82.67 feet, having a chord bearing of North 70 degrees 20 minutes 25 seconds East to the point of beginning; thence North 89 degrees 09 minutes 21 seconds East, along the southerly line of said Lot 1, a distance of 16.65 feet; thence northeasterly along the easterly line of said Lot 1, a distance of 99.86 feet along the arc of a non tangential curve concave to the northwest having a central angle of 46 degrees 25 minutes 15 seconds and a radius of 123.26 feet, having a chord bearing of North 22 degrees 21 minutes 46 seconds East; thence northwesterly along the easterly line of said Lot 1, a distance of 59.85 feet along the arc of a tangential compound curve concave to the southwest having a central angle of 32 degrees 38 minutes 05 seconds and a radius of 105.08 feet, having a chord bearing of North 17 degrees 09 minutes 54 seconds West; thence South 13 degrees 52 minutes 26 seconds West, 150.91 feet to the point of beginning. Said temporary easement containing 3,860 square feet (0.089 acres) more or less. 354Mv2 CBR BR291 -301 A -2 EXHIBIT B IT o VhV4JB0N r I ->r C) Ol 0 0 d 4 02 Z N FILE NO. EASEMEW SKETCH EXHBrr 13 WW SWOPE MOM 108579 BASS LAKE ROAD STREE p ARM I Joe MMIM M SWEET DATE: REGIONAL TRAIL IMPROVEMENTS SEM MMIEAMM MN 3 PH= (02) IU-67W 7/1/09 BROOKLYN CENTER. WIN 354098V2 CBR BR291-301 B-1 I 1 z 1f l Box 198 Kennedy Graven, Chartered EASEMENTS Parcel 4 Torrens THIS INSTRUMENT is made by Jay A. Showalter, a single person, Grantor, in favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (the "Property"). B. Grantor desires to grant to the Grantee easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys 'to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. The temporary easement expires on December 31, 2010. 2. Scone of Easements. The perpetual streetscape easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area any of the following facilities and amenities: concrete public sidewalk or trail way; bus bench/shelter; fence; retaining walls; decorative landscaping features including planting beds, boulders, shrubs, trees, and other landscape improvements; and irrigation systems. The perpetual easement for walkway and sidewalk purposes granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, construct, operate, maintain, alter and repair public sidewalk and trail facilities within the described easement area. 353657v5 CBR BR291 -301 Trail uses include the use of trail facilities by pedestrians, non motorized bicycles, powered wheelchairs or carts operated by physically handicapped persons and, city and public safety vehicles utilized in maintenance or policing. Trail uses do not include use by motorized recreational vehicles such as snowmobiles, all- terrain vehicles or motocross bikes. The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit earthen materials within the easement area and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the project. The easements granted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. 3. Warranty of Title. The Grantor warrants he is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, his successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 2009. Jay A. Showalter STATE OF MINNESOTA SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by Jay A. Showalter, a single person, Grantor. Notary Public NOTARY STAMP OR SEAL C 353657v5 CBR BR291 -301 THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered Suite 470 200 South Sixth Street Minneapolis, MN 55402 C7 353657v5 CBR BR291 -301 EXHIBIT A Owner: Jay A. Showalter P.I.N.: 03- 118 -21 -14 -0021 Description of Property: Tract A, Registered Land Survey No. 1151, Hennepin County, Minnesota. (the "Property") Description of Easements: A permanent non exclusive easement for public walkway and sidewalk purposes over and across that part of the above described Property described as follows: The northerly 10.00 feet of Tract A, Registered Land Survey No. 1151, Hennepin County, Minnesota, lying easterly of the easterly right -of -way line of Xerxes Avenue according to said Registered Land Survey No. 1151; A permanent non exclusive easement for public streetscape purposes over and across that part of the above described Property described as follows: Together with that part of Tract A, Registered Land Survey No. 1151, Hennepin County, Minnesota, described as follows: Commencing at the most westerly corner of said Tract A; thence on an assumed bearing South 66 degrees 33 minutes 50 seconds East, along the southwesterly line of said Tract A, a distance of 45.00 feet to the easterly right -of -way line of Xerxes Avenue; thence North 23 degrees 26 minutes 10 seconds East, along said easterly right -of -way line, a distance of 145.00 fet4tao the point of beginning; thence continuing North 23 degrees 26 minutes 10 seconds East, along said easterly right -of -way line, a distance of 35.00 feet; thence South 66 degrees 33 minutes 50 seconds East, 10.00 feet; thence South 23 degrees 26 minutes 10 seconds West, 35.00 feet; thence North 66 degrees 33 minutes 50 seconds West, 10.00 feet to the point of beginning. Said permanent easements containing 2,364 square feet (0.054 acres) more or less. A temporary easement for construction purposes over, under and across that part of the above described Property described as follows: The southerly 5.00 feet of the northerly 15.00 feet of Tract A, Registered Land Survey No. 1151, Hennepin County, Minnesota, lying easterly of the easterly right -of -way line of Xerxes Avenue according to said Registered Land Survey No. 1151. Said temporary easement containing 1,018 square feet (0.023 acres) more or less. 353657v5 CBR BR291 -301 J J r� 4g ci EXHIBIT B a SASS AK .L .S NNo. 1/ 151 TRACTA 6 35.00 0.00 o —I 1 115'�� J ACT b 2 TR�K T R. L. CERT. OF TITLE NO. 862806 4$ 2 v PIN: 03-118-21-14-0001 7hr S g Sss4�s R.L.S. NOY UN O F TRpC7 p 115 9 a P 0 SED PERMANENT EASEMENT I� f�') \.E. DENO OPOSER TEMPOR EASEMENT NOTE: NO BOUNDARY SURVEY WA E MED AS TO THE PRECISE LOCA ON OF THI SHORT ELUOTT HENDRICKSON NC RLE NO. BUTLER SQUARE BULDNO 108579 SU ITE 7100 100 NOTRTH 6 TH STREET DATE: M6NNEAPOLIS. MN 55403 S PHONE (612) 758 -6700 6/24/09 a qo K.11 V. fN• EASEMENT SKETCH �XHINT e BASS LAKE ROAD STREETSCAPE REGIONAL TRAIL IMPROVEMENTS PAF'M BROOKLYN CENTER, MN 4 353657v5 CBR BR291 -301 Boa 198 Kennedy Graven, Chartered EASEMENTS Parcel 5 Torrens THIS INSTRUMENT is made by Peter Houser and Barbara A. Houser, husband and wife, Grantors, in favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee. Recitals A. Grantors are the fee owners of certain real n Hennepin Co property i ep Linty, Minnesota, legally described on the attached Exhibit A (the "Property'). B. Grantors desire to grant to the Grantee easements, according to the terms and conditions wntained herein. Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantors, Grantors grant and convey' to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. The temporary easement expires on December 31, 2010. 2. Scone of Easement The perpetual streetscape easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement areas any of the following facilities and amenities: concrete public sidewalk or trail way; bus bench/shelter; fence; retaining walls; decorative landscaping features including planting beds, boulders, shrubs, trees, and other landscape improvements; and irrigation systems. The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, Wading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the as.�na cax �L.aa� right to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit earthen materials within the easement area and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the project. The easements granted herein also include the right to cut, trim, or remove from the easement area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 3. Warranty of Title. The Grantors warrant they are the owners of the Property and have the right, title and capacity to convey to the Grantee the easements herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attomey's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or`contammants which may have existed on, or which relate to, the easement areas or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 2009. Pater Mouser Barbara A. Wou STATE OF MINNESOTA SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2009, by Peter Houser and Barbara A. Houser, husband and wife, Grantors. Notary Public NOTARY STAMP OR SEAL 3331 6Ov2 CBR BR391301 THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered Suite 470 200 South Sixth Street Minneapolis, MN 55402 U U V• ,lfflkCI'll "ClIK15 ii EXHIBIT A (-wng Peter i IMIr P.I.N.: 03- 118 -21 -14 -0032 Description of Property: Tract A, REGISTERED LAND SURVEY NO. 1649, Hennepin County, Minnesota. Description of Easement: A permanent non exclusive easement for public streetscape purposes over and across that part of the above described Property described as follows: Beginning at the northeast corner of said Tract A, REGISTERED LAND SURVEY NO. 1649, Hennepin County, Minnesota; thence on an assumed bearing of South 9 degrees 24 minutes 33 seconds East, along the easterly line of said Tract A, a distance of 25.46 feet; thence South 89 degrees 07 minutes 36 seconds West, 143.12 feet to the northwesterly line of said Tract A; thence North 7 degrees 03 minutes 06 seconds East, along said northwesterly line of Tract A, a distance of 34.86 feet to the northwesterly corner of said Tract A; thence easterly along the northerly line of said Tract A, a distance of 134.97 feet along the are of a non tangential curve concave to the north having a central angle of 7 degrees 53 minutes 58 seconds and a radius of 978.93 feet to the point of beginning. Said permanent easement containing 3,938 square feet (0.090 acres) more or less. A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot wide strip is described as follows: r Commencing at the northeast comer of said Tract A, REGISTERED LAND SURVEY NO. 1649, Hennepin County, Minnesota; thence on an assumed bearing of South 9 degrees 24 minutes 33 seconds Fast, along the easterly line of said Tract A, a distance of 25.46 feet to the point of beginning; thence South 89 degrees 07 minutes 36 seconds West, 143.12 feet to the northwesterly line of said Tract A and said line there terminatin The side lines of said strip to be prolonged or shortened to terminate on the easterly and westerly boundaries of said Tract A. Said temporary easement containing 864 square feet (0.020 acres) more or less. 33966M Q 49i EXHIBIT B �,4 .97' R= 978.93' INE Q 7'53'58" THE NE COR, OF NWLY COR TRACT A, NQ 18ig TRACT A R.L.S. NO. 1649 58909'08 r-T R tt OF TRACT A 84.19' N TR T A 4 12 Li r 4 R 115 Y L1t#F OF N0. 1 649 TRACT A. p w' w Nom' 9 bti ACT A� L. S. N 0. 1649 p� CERT. ITLE X10. 770934 PI 118 -21 -0032 ,i .7 683' Q 406'. A 1y i x DENOTES PROPOSED PERMANENT EASEMENT •I -T.E. DENOTES PROPOSED TEMPORARY EASEMENT NOTE. NO BOUNDARY SURVEY YORK WAS PERFORMED AS 1 TO THE PRECISE LOCATION OF THIS TRACT soti w R LE NO. EASBAMT SKETCH b(HW e �J A"'E ra 10 BASS LAKE ROAD SgTREETSCAPE c 2 a DATE: REGIONAL TRAIL IMPROVEMENTS PARCEL 1 SEH (612) 7W-67W 6/24/09 BROOKLYN CENTER, MN 6 35366Ov2 CBR BR291 -301 Box 198 Kennedy Graven, Chartered EASEMENTS Parcels 6, 6A, 6B, 6C, 6D Torrens THIS INSTRUMENT is made by Brookdale Mall Properties LLC, a limited liability company organized under the laws of the State of Delaware, Grantor, in favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (the "Property"). B. Grantor desires to grant to the Grantee easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuabW consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibits B -1, B -2, B -3, B -4 and B -5. The temporary easements expire on December 31, 2010. 2. Scone of Easements The perpetual streetscape easements granted herein include the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area any of the following facilities and amenities: public sidewalk or trail way; bus bench/shelter; fence; retaining walls; decorative landscaping features including planting beds, boulders, shrubs, trees, and other landscape improvements; and irrigation systems. The perpetual streetscape easement for Parcels 6B and 6C as described on the attached Exhibit A also includes the right to install, construct, reconstruct, operate, maintain, inspect, alter and repair a pedestrian bridge. The perpetual easement for walkway and sidewalk purposes granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, construct, operate, 3536560 CBR BR291 -301 maintain, alter and repair public sidewalk and trail facilities within the described easement area. Trail uses include the use of trail facilities by pedestrians, non motorized bicycles, powered wheelchairs or carts operated by physically handicapped persons and, city and public safety vehicles utilized in maintenance or policing. Trail uses do not include use by motorized recreational vehicles such as snowmobiles, all- terrain vehicles or motocross bikes. The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit earthen materials within the easement area and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the project. The easements granted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 3. Warrantv of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Bindine Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 2009. Brookdale Mall Properties LLC By Its By Its 3536560 CBR BR291 -301 STATE OF MINNESOTA SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2009 by and the and of Brookdale Mall Properties LLC, a limited liability company organized under the laws of the State of Delaware, on behalf of the limited liability company, Grantor. Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered Suite 470 200 South Sixth Street Minneapolis, MN 55402 U U 353656v3 CBR BR291 -301 EXHIBIT A Owner: Brooks Mall Properties LLC P.I.N.: 02- 118 -21 -23 -0023; 02- 118 -21 -32 -0014; 02- 118 -21 -32 -0017; 02- 118- 21 -31- 0055; 02- 118 -21 -31 -0056 Description of Property as shown on Certificate of Title No. 1166861: Par 1: Tracts A, C and D, REGISTERED LAND SURVEY NO. 1469, Hennepin County, Minnesota. Par 2: Tracts A, B and C, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota. ((Parcels 6C and 6D) Par 3: That part of Tract B, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota, embraced within Tract B, REGISTERED LAND SURVEY NO. 1469. (Parcel 6A) Par 4: Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota. (Parcel 6) Par 5: Tracts A and B, REGISTERED LAND SURVEY NO. 1766, Hennepin County, Minnesota. (Parcel 613) Description of Easements: (Parcel 6): A permanent non exclusive easement for public streetscape purposes over and across that part of Tract C, REGISTERED LAND SURVEY NQ. 1710, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Tract C,' REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet; thence South 89 degrees 06 minutes 58 seconds West, 279.71 feet to the west line of said Tract C; thence North 9 degrees 24 minutes 33 seconds West, along said west line of Tract C, a distance of 25.46 feet to the northwest corner of said Tract C; thence North 89 degrees 09 minutes 08 seconds East along the northerly line of said Tract C, a distance of 42.92 feet; thence South 85 degrees 08 minutes I 1 seconds East along the northerly line of said Tract C, a distance of 100.49 feet; thence North 89 degrees 09 minutes 08 seconds East along the northerly line of said Tract C, a distance of 140.59 feet to the point of beginning. Said permanent easement over Parcel 6 containing 5,159 square feet (0.118 acres) more or less. C7 353656v3 CBR BR291 -301 (Parcel 6): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot strip is described as follows: Commencing at the northeast corner of said Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet to the point of beginning; thence South 89 degrees 06 minutes 58 seconds West, 279.71 feet to the west line of said Tract C and said line there terminating. The side lines of said strip to be prolonged or shortened to terminate on the easterly and westerly boundaries of said Tract C. Said temporary easement over Parcel 6 containing 1,676 square feet (0.039 acres) more or less. (Parcel 6A): A permanent non exclusive easement for public streetscape purposes over and across that part of Tract B, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet; thence North 89 degrees 06 minutes 58 seconds East, 26.30 feet to the northerly line of Tract B, said REGISTERED LAND SURVEY NO. 1710; thence North 49 degrees 16 minutes 29 seconds West, along said northerly line of Tract B, a distance of 22.58 feet; thence South 89 degrees 09 minutes 08 seconds West along said northerly line of Tract B, a distance of 9.41 feet to the point of beginning. Y Said permanent easement over Parcel 6A containing 268 square feet (0.006 acres) more or less. (Parcel 6A): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot wide strip is described as follows: Commencing at the northeast corner of said Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet to the point of beginning; thence North 89 degrees 06 minutes 58 seconds East, 26.30 feet to the northerly line of Tract B, said REGISTERED LAND SURVEY NO. 1710 and said line there terminating The side lines of said strip to be prolonged or shortened to terminate on the easterly and westerly boundaries of said Tract B. 3536560 CBR BR291 -301 Said temporary easement over Parcel 6A containing 178 square feet (0.004 acres) more or less. (Parcel 613): A permanent non exclusive easement for public streetscape purposes over and across that part of Tract A, REGISTERED LAND SURVEY NO. 1766, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Tract A, REGISTERED LAND SURVEY NO. 1766, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the east line of said Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the east line of said Tract A, a distance of 9.45 feet; thence northwesterly 28.05 feet along the arc of a non tangential curve concave to the northeast having a central angle of 43 degrees 26 minutes 00 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 58 degrees 20 minutes 31 seconds West; thence North 36 degrees 37 minutes 31 seconds West, 36.64 feet; thence northwesterly 42.57 feet along the arc of a non tangential curve concave to the northeast having a central angle of 10 degrees 58 minutes 13 seconds and a radius of 222.35 feet the long chord of which has a bearing of North 25 degrees 47 minutes 03 seconds West; thence northwesterly 128.78 feet along the arc of a non tangential reverse curve concave to the southwest having a central angle of 74 degrees 28 minutes 22 seconds and a radius of 99.08 feet the long chord of which has a bearing of North 52 degrees 35 minutes 35 seconds West; thence South 89 degrees 09 minutes 08 seconds West, 202.02 feet; thence South 83 degrees 28 minutes 00 seconds West, 125.56 feet; thence South 89 degrees 10 minutes 42 seconds West, 127.40 feet to the northerly line of Tract A, said REGISTERED LAND SURVEY NO. 1766; thence North 47 degrees 34 minutes 42 seconds East, along said northerly line of Tract A, a distance of 22.42 feet; thence North 89 degrees 09 minutes 0$ seconds East along said northerly line of Tract A, a distance of 150.00 feet; thence Nmxth 83 degrees 26 minutes 29 seconds East along said northerly line of Tract A, a distance of 100.51 feet; thence North 89 degrees 09 minutes 08 seconds East along said northerly line of Tract A, a distance of 346.61 feet to the point of beginning. Said permanent easement over Parcel 6B contaihing 17,703 square feet (0.406 acres) more or less. (Parcel 613): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot wide strip is described as follows: Commencing at the northeast corner of said Tract A, REGISTERED LAND SURVEY NO. 1766, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the east line of said Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the east line of said Tract A, a distance of 9.45 feet to the point of beginning; thence northwesterly 28.05 feet along the arc of a non tangential curve concave to the northeast having a central angle of 43 degrees 26 minutes 00 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 58 degrees 20 minutes 31 seconds West; thence North 36 353656v3 CBR BR291 -301 degrees 37 minutes 31 seconds West, 36.64 feet; thence northwesterly 42.57 feet along the arc of a non tangential curve concave to the northeast having a central angle of 10 degrees 58 minutes 13 seconds and a radius of 222.35 feet the long chord of which has a bearing of North 25 degrees 47 minutes 03 seconds West; thence northwesterly 128.78 feet along the arc of a non tangential reverse curve concave to the southwest having a central angle of 74 degrees 28 minutes 22 seconds and a radius of 99.08 feet the long chord of which has a bearing of North 52 degrees 35 minutes 35 seconds West; thence South 89 degrees 09 minutes 08 seconds West, 202.02 feet; thence South 83 degrees 28 minutes 00 seconds West, 125.56 feet; thence South 89 degrees 10 minutes 42 seconds West, 127.40 feet to the northerly line of Tract A, said REGISTERED LAND SURVEY NO. 1766 and said line there terminating The side lines of said strip to be prolonged or shortened to terminate on the easterly and westerly boundaries of said Tract A. Said temporary easement over Parcel 6B containing 4,170 square feet (0.096 acres) more or less. (Parcel 6C): A permanent non exclusive easement for public streetscape purposes over and across that part of Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the west line of said Tract A, a distance of 160.29 feet; thence South 0 degrees0l minutes 08 seconds West, along the west line of said Tract A, a distance of 9.45 feet; thence northeasterly 49.03 feet along the arc of a non tangential curve concave to the northwest having a central angle of 75 degrees 55 minutes 53 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 61 degrees 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36 seconds East, 36.09 feet; thence northeasterly 49.50 feet along the arc of a tangential curve concave to the northwest having a central angle of 25 degrees 05 minutes 50 seconds and a radius of 113.00 feet; thence North 1 degree 6 minutes 14 seconds West, 35.16 feet; thence North 53 degrees 19 minutes 45 seconds East, 18.83 feet; thence North 89 degrees 10 minutes 22 seconds East, 52.26 feet; thence South 55 degrees 30 minutes 14 seconds East, 101.09 feet to the easterly line of Tract A, said REGISTERED LAND SURVEY NO. 1614; thence northeasterly along said easterly line of Tract A, a distance of 130.63 feet along the arc of a non tangential curve concave to the southeast having a central angle of 48 degrees 45 minutes 38 seconds and a radius of 153.50 feet the long chord having a bearing of North 50 degrees 14 minutes 53 seconds East; thence North 28 degrees 11 minutes 07 seconds West, along said easterly line of Tract A, a distance of Y 1.06 feet to the northeast corner of said Tract A; thence South 89 degrees 09 minutes 08 seconds West along the northerly line of said Tract A, a distance of 311.66 feet to the point of beginning. Said permanent easement over Parcel 6C containing 18,195 square feet (0.418 acres) more or less. 3536560 CBR BR291 -301 (Parcel 6C): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the northerly and northwesterly line of said 6.00 foot wide strip is described as follows: Commencing at the northwest corner of said Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the west line of said Tract A, a distance of 160.29 feet; thence South 0 degrees 01 minutes 08 seconds West, along the west line of said Tract A, a distance of 9.45 feet to the point of beginning; thence northeasterly 49.03 feet along the arc of a non tangential curve concave to the northwest having a central angle of 75 degrees 55 minutes 53 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 61 degrees 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36 seconds East, 36.09 feet; thence northeasterly 49.50 feet along the arc of a tangential curve concave to the northwest having a central angle of 25 degrees 05 minutes 50 seconds and a radius of 113.00 feet; thence North 1 degree 05 minutes 14 seconds West, 35.16 feet and said line there terminating. The side lines of said strip of land to be prolonged or shortened to begin on the westerly line of said Tract A, and end on a line with a bearing of North 53 degrees 19 minutes 45 seconds East from the point of termination of the above described northerly and northwesterly line of the 6.00 foot wide strip. (Parcel 6C): Together with a further temporary easement for construction purposes over, under and across that part of the above described Parcel 6C which lies within the following described area: Commencing at the northwest corner of said Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thende on an assumed bearing of South 0 degrees 01 minutes 22 seconds East, along the west line of said Tract A, a distance of 160.29 feet; thence South 0 degreesOl minutes 08 seconds West, along the west line of said Tract A, a distance of 9.45 feet; thence northeasterly 49.03 feet along the arc of a non tangential curve concave to the northwest having a central angle of 75 degrees 55 minutes 53 seconds and a radius of 37.00 feet the long chord of which has a bearing of North 61 degrees 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36 seconds East, 36.09 feet; thence northeasterly 49.50 feet along the arc of a tangential curve concave to the northwest having a central angle of 25 degrees 05 minutes 50 seconds and a radius of 113.00 feet; thence North 1 degree 05 minutes 14 seconds West, 35.16 feet; thence North 53 degrees 19 minutes 45 seconds East, 18.83 feet; thence North 89 degrees 10 minutes 22 seconds East, 17.67 feet to the point of beginning; thence continuing North 89 degrees 10 minutes 22 seconds East, 34.59 feet; thence South 55 degrees 30 minutes 14 seconds East, 101.09 feet to the easterly line of Tract A, said REGISTERED LAND SURVEY NO. 1614; thence southwesterly along said easterly line of Tract A, a distance of 20.50 feet along the arc of a non tangential curve concave to the southeast having a central angle of 7 degrees 39 minutes 03 seconds and a radius of 153.50 feet the long chord having a bearing of South 22 degrees 02 minutes 33 seconds West; thence North 55 degrees 30 minutes 14 seconds West, 133.73 feet to the point of beginning. 353656v3 CBR BR291 -301 Said temporary easements over Parcel 6C containing 3,404 square feet (0.078 acres) more or less. (Parcel 613): A permanent non exclusive easement for public walkway and sidewalk purposes over and across that part of Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota, described as follows: Commencing at the most southerly corner of said Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of North 52 degrees 37 minutes 30 seconds East, along the southerly line of said Tract B, a distance of 60.08 feet to the point of beginning; thence North 20 degrees 57 minutes 32 seconds West, 205.73 feet; thence North 28 degrees 54 minutes 34 seconds West, 197.13 feet; thence North 23 degrees 18 minutes 35 seconds West, 24.31 feet to the south line of Tract A, REGISTERED LAND SURVEY NO. 1430; thence North 63 degree 30 minutes 25 seconds East, along said south line of Tract A, a distance of 5.01 feet; thence South 23 degrees 18 minutes 35 seconds East, 24.34 feet; thence South 28 degrees 54 minutes 34 seconds East, 197.23 feet; thence South 20 degrees 57 minutes 32 seconds East, 204.60 feet to the southerly line of said Tract B; thence South 52 degrees 37 minutes 30 seconds West, along said southerly line of Tract B, a distance of 5.21 feet to the point of beginning. (Parcel 6D): A permanent non exclusive easement for public streetscape purposes over and across that part of Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota, described as follows: Beginning at the northwest corner of said Tract B REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on al5 assumed bearing of South 28 degrees 11 minutes 07 seconds East, along the westerly line of said Tract B, a distance of 24.00 feet; thence North 80 degrees 06 minutes 56 seconds East, 38.83 feet; thence North 89 degrees 11 minutes 15 seconds East, 489.41 f6et to the north line of said Tract B, REGISTERED LAND SURVEY NO. 1614; thence North 82 degrees 30 minutes 56 seconds West, along said north line of Tract B, a distance of 107.12 feet; thence South 89 degrees 09 minutes 08 seconds West, along said north line of Tract B, a distance of 432.80 feet to the point of beginning. Said permanent easements over Parcel 6D containing 9,652 square feet (0.222 acres) more or less. (Parcel 613): A temporary easement for construction purposes over, under and across that part of the above described Property which lies within a 6.00 foot wide strip of land, the north line of said 6.00 foot wide strip is described as follows: Commencing at the northwest corner of said Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 28 degrees 11 minutes 07 seconds East, along the westerly line of said Tract B, a distance of 353656v3 CBR BR291 -301 24.00 feet to the point of beginning; thence North 80 degrees 06 minutes 56 seconds East, 38.83 feet; thence North 89 degrees 11 minutes 15 seconds East, 489.41 feet to the north line of said Tract B, REGISTERED LAND SURVEY NO. 1614, and said line there terminating. The side lines of said strip to be prolonged or shortened to terminate on the northerly and westerly boundaries of said Tract B. Said temporary easement containing 3,284 square feet (0.075 acres) more or less. U 353656v3 CBR BR291 -301 EXHIBIT B (Parcel 6) BASS LAKE ROAD COM 5 pp 0 0 134.97' V R-978.93' A=07'53'58" THE NW COR. OF TRACT C THE NE COR. OF TRACT C. R.L.S. AD. 1710 rw IF— NB-TO9*08"E S86'081 1 *E THE NLY LINE N89'09'08"E 4 OF TRACT C L4 W 25, 27T71 N QNV-134&2) 8 4) otia U3 TRACT C R.Q. N0. 1710 9 1 O m CERT. OF TITLE NO. 1166861 9 PIN: 02-118-21-23-0023 L LI 68.73' S89 256,71' "-3.06' ,QTR A C� DENOTES PROPOSED PERMANENT EASEMENT T.E. DENOTES PROPOSED TEMPORARY EA NOTE: NO BOUNDARY SURVEY WORK WAS PERFORMED AS TO THE PRECISE LOCATION OF THIS TRACT 7 A 1 3 SHORT ORT ELUOTT HEWMCKSM RLE NO. W. BUTLER SQUAW BULDING 108579 EASEMENT SKETCH tau -err B SUITE 7100 BASS LAKE ROAD STREETSCAPE 100 NOTRTH GTH STREET DATE: REGIONAL TRAIL IMPROVEMENTS PARCEL. 7W6-700 SEH P"ME (612 ml E mN 55403 6/24/09 BROOKLYN CENTER, IVIN 353656v3 CBR BR291-301 EXHIBIT B-2 (Parcel 6A) C;UUNI Yww"o 0 0 H JA THE NE COR. OF TRACT C. R.L.S. (40. 1710 N89109'08 BASS LA?ROAD 9.41 S89 T06 w L4 -THE NLY L114E Ii t f4t�W Y OF 00 t T A 1710 5 :rE SO'50 5 w �CT C 0 N 0. 1710 91 80 )11 m N89% I WE i; P II 4 n6A D 40. 00. THE ELY LINE OF TRACT C CERT. OF TITLE NO. 1166861 ti PIN: 02-118-21-32-0014 S89 z"7 R R S. N L... A TES PROPOSED PERMANrT EASEMENT DENOTES PROPOSEYDEMPORARY EASEMENT PI NOTE: NO BOUNDARY SURVEY WOO PERFORMED AS TO THE PRECISE lf%rA OF THIS TR T SHORT ELUOTT HENDRICKSON INQ BUTLER SOUARE RULDINC SUE 710C WINN 100 IT NOTRTH GTH STREET EAPOUS. MN 55403 SEH PHONE (612) 750-8700 7 N RAE NO. EASEMENT SKETCH IS 108579 BASS LAKE ROAD STREETSCAPE P DATE: REGIONAL TRAIL IMPROVEMENTS 6/24/09 BROOKLYN CENTER. MN 8A 353656v3 CBR BR291-301 T 2 �-Vvl Viol V4 Wry .40 316I 41 3KL "ILI ON si'll L2v*L jo 3161 2 mi W 04 v F 4 5 1 SHORT 411OTT HENORIMON INC- BUMS SWARE BULDING SU'm 'hoc SEH 100 NOTRT' '-m STREET "EAPOLM MN 55403 PHONE (612) 758-6700 EXHIBIT B-3 (Parcel 6B) z FILE NO. 108579 DATE: 6/26/09 U -j I 1 27 W EASEMENT SKETCH BASS LAKE ROAD STREETSCAPE REGIONAL TRAIL IMPROVEMENTS BROOKLYN CENTER, MN 09 r. vjj EXH8rT B PARML as 353656v3 CBR BR291-301 e IF- L-1 B-4 E IIBIT CD 0� 0 0- 'zx 4 C I JD VU ~r`�1�1 I!S It I 1, J "Lam' fts too jCWW j0 Alt Ts op TREE15C IFILe &55 P JR MR, MN so" BRO 'L y% C0 I EA K VWRI RG 2 6 00 —6 3536560 CBRBRZgI 301 6131'x96 FRO S. N0. 2 IE o► i11AOT TRAr1' B g E r J yyy''' �Y IOIE OF x R.L.S. N0. 1 614 0 MT Or 11m N0. 1100001 MMf m -ne- 0-131 -om f 353656v3 CBR BR291 -301 EXHIBIT B -5 (Parcel 613-1 613-2) r '0 ZA IV K/ //1 MOVES ROM NO oo411NAO7 MAIM OM IM PE119o10) M W wAe nm>E ueamoN a 1HS nE�cr Acw d+ n.t BUTT SEWM MENORICK9QVV x1a BUTl84 s WUJiE ewtulNC FILE NO. EASEMENT SKETCH EXHW B J Ica m Ica No lH MN 108579 8A LAKE ROAD DATE R ZONAL TRAIL ST REETSCAPJ PARCEL IMPROVEME N S SEH (612) �m-ma 's`°' s /25 /pp BROOKLYN CENTER, MN W 353656v3 CBR BR291 -301 EXHIBIT B -5 (Parcel 613-1 613-2) F 1 F I I o U3 J I 4 r IS J I Ca J J i (z F� Q ry C) J L 5 (--,9 71 a o ry 0 V A d'I 1 0 II U ui gWRT EwCrr KNORICKSON ,p- FILE NO. EASEMENT SKETCH SIT B BUIlER SQUARE MAnW r 100 NOMM om si BASS BASS LAKE ROAD STREETSCAPE PARCEL SEH MNNEAPOLIC� MN 55ma DATE: REaONAL TRAIL IMPROVEMENTS PNONE f T ae -6780 6/25/08 BROOKLYN CENTER, MN 3536560 CBR BR291 -301 Boa 198 Kennedy Graven, Chartered EASEMENTS Parcel 9 Torrens THIS INSTRUMENT is made by Shingle Creek Group, Inc., a Minnesota corporation, Grantor, in favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (the "Property'). B. Grantor desires to grant to the Grantee easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. 2. Scone of Easement. The perpetual easement for walkway and sidewalk and pedestrian bridge purposes granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, construct, operate, maintain, alter and repair public sidewalk, trail and pedestrian bridge facilities within the described easement area Trail and bridge uses include the use of trail and bridge facilities by pedestrians, non motorized bicycles, powered wheelchairs or carts operated by physically handicapped persons and, city and public safety vehicles utilized in maintenance or policing. Trail uses do not include use by motorized recreational vehicles such as snowmobiles, all- terrain vehicles or motocross bikes. The easements granted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 354102r2 CBR BR291 301 3. Warrantv of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, his successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 2009 By: Its: By. Its: STATE OF MINNESOTA SS. COUNTY OF Shingle Creek Group, Inc. The foregoing instrument was acknowledged before me this day of 2009, by and the and of Shingle Creek Group, Inc., a corporation organized under the laws of the State of Minnesota, on behalf of the corporation, Grantor. Notary Public .NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 (612) 337 -9300 C7 354IWv2 CBR BR291 -301 2 Owner: Shingle Creek Group, Inc. P.I.N.: 02- 118 -21 -23 -0016 Description of Property: EXHIBIT A Tract C, Registered Land Survey No. 1186, Hennepin County, Minnesota. (the "Property") Description of Easements: A permanent non exclusive easement for public walkway and sidewalk purposes over and across that part of the above described Property described as follows: Beginning at the southeast comer of said Tract C, Registered Land Survey No. 1186, Hennepin County, Minnesota; thence on an assumed bearing South 89 degrees 09 minutes 08 seconds West, along the southerly line of said Tract C, a distance of 50.00 feet; thence North 0 degrees 50 minutes 52 seconds West, 20.00 feet; thence North 89 degrees 09 minutes 08 seconds East, 50.29 feet to the easterly line of said Tract C; thence South 0 degrees 01 minutes 22 seconds East, a distance of 20.00 feet to the point of beginning. Said permanent easement containing 1,003 square feet (0.023 acres) more or less. A permanent non exclusive easement for public walkway and sidewalk purposes over and across that part of the above described Property described as foll►+s: Commencing at the southeast corner of said Tract C, Registered Land Survey No. 1186, Hennepin County, Minnesota; thence on 'n assumed bearing South 89 degrees 09 minutes 08 seconds West, along the southerly line of said Tract C, a distance of 348.60 feet; thence North 85 degrees minutes 11 seconds West, along said southerly line of Tract C, a distance of 100.49 feet to the point of beginning; thence South 89 degrees 09 minutes 08 seconds West, along said southerly line of Tract C, a distance of 150.00 feet; thence North 49 degrees 16 minutes 36 seconds West, along said southerly line of Tract C, a distance of 4.52 feet; thence North 89 degrees 09 minutes 08 seconds East, 153.38 feet; thence South 0 degrees 50 minutes 52 seconds Fast, 3.00 feet to the point of beginning. Said permanent easement containing 455 square feet (0.010 acres) more or less. 3541024 CBR BR291 -301 A -1 EXIHEIrr B I 99 US�i 7 a I d b E3 "Il F on r_ 1 I t S I U D 1 19 cf) b :b g ;lye a kv b V N X r nd 1 n+ eta 4 s"optr RUOTT HUMMSON M. RLE NO. EASEMEW W&TCH bOMT 13 auw SWME amma 108579 sunE 71M BASS LAKE ROAD ISTREEVTESCAPE pA9 ioo mo" 6W sir DATE: REGIONAL TRAIL MPRO :MENTS SEH 1011 1 04cuum MIN 55403 PHOW (912) 7W-6700 7/1/09 BROOKLYN CENTER, MN 354102v2 (BR BR291-301 Box 198 Kennedy Graven, Chartered �u j Parcel 12 Torrens THIS INSTRUMENT is made by CSM Lakeside Limited Partnership, L.L.P., a Minnesota limited partnership, Grantor, in favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (the "Property'). B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. 2. Scone of Easement. The perpetual easement for walkway and sidewalk purposes granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, construct, operate, maintain, alter and repair public sidewalk and trail facilities within the described easement area. Trail uses include the use of trail facilities by pedestrians, non- motorized bicycles, powered wheelchairs or carts operated by physically handicapped persons and, city and public safety vehicles utilized in maintenance or policing. Trail uses do not include use by motorized recreational vehicles such as snowmobiles, all- terrain vehicles or motocross bikes. C� 354112v2 CDR BR291 -301 The easement granted herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Bindine Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, his successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 2009. CSM Lakeside Limited Partnership, L.L.P. STATE OF MINNESOTA SS. COUNTY OF Gary S. Holmes, as Trustee of the Gary S. Holmes Revocable Trust Under Agreement dated November 9, 1995, as amended, the General Partner and Managing Partner. Y The foregoing instrument was acknowledged before me this day of 2009, by Gary S. Holmes, as Trustee of the Gary S. Holmes Revocable Trust Under Agreement dated November 9, 1995, as amended, the General Partner and Managing Partner of CSM Lakeside Limited Partnership, L.L.P., a limited partnership organized under the laws of the State of Minnesota, on behalf of the corporation, Grantor. NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 200 South Sixth Street, Suite 470 Minneapolis, MN 55402 (612) 337 -9300 Notary Public 354112v2 CBR BR291 -301 2 EXHIBIT A Owner: CSM Lakeside Limited Partnership P.I.N.: 03- 118 -21 -14 -0034 Description of Property: Lot 2, Block 1, BROOKLYN CROSSING 3 1m ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Description of Easements: A permanent non exclusive easement for streetscape purposes over and across that part of the above described Property described as follows: Commencing at the southeast comer of said Lot 2, Block 1, BROOKLYN CROSSING 3 RD ADDITION; thence on an assumed bearing of North 23 degrees 26 minutes 10 seconds East, along the easterly line of said Lot 2, 8.03 feet to the intersection with the northerly line of the southerly 8.00 feet of said Lot 2 and the point of beginning; thence northwesterly along said northerly line 19.43 feet along the arc of a non tangential curve concave to the southwest having a central angle of 1 degree 07 minutes 41 seconds and a radius of 986.93 feet, having a chord bearing of North 71 degrees 43 minutes 44 seconds West; thence North 65 degrees 56 minutes 06 seconds East, 28.65 feet to said easterly line of Lot 2; thence South 23 degrees 26 minutes 10seconds West, along said easterly line of Lot 2, a distance of 19.37 feet to the point of beginning. Said permanent easement containing 187 square feet (0.004 acres) more or less. 3501M CBR BR291 -301 A -1 EXHIBIT B M 3260 n CERT. NO. PN1t 118- -14- r 3RD DI T w Na 02e0O NT C, 1�4I• MY 378 Jt' 8T d83' 322D C. n K NOTE: W BOUMAW SU:" S PF.RFORIED AS o M THE PRECISE =A00 OF Now r Cam. M r EAM301ENT SKETCH B FILE NO. W sm s cars► 106678 1% K� I&QAF t &6 P/V4& DATE' las-� 71ZAN BROOKLYN CENTER, MN 12 E 354112v2 CBR M91 -301 City Council Agenda Item No, lOc City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal Support Servio DATE: 6 July 2009 SUBJECT: Funds Transfer from Earle Brown Heritage Center Operations to Earle Brown Heritage Center Capital Recommendation: It is recommended that the City Council consider a resolution authorizing movement of 300,000 in cash from the operations fund of the Earle Brown Heritage Center to the Earle Brown Heritage Center Capital Fund. Background: At the end of each fiscal year staff reviews the cash balance in the Earle Brown Heritage Center Fund for operation of the facility. The calculation takes deposits held against scheduled events and adds 150% of the average cash disbursements. The result is the minimum cash needed for continued fiscal operation of the facility. Any remaining cash is classified as available for transfer to the Capital Fund. At the end of 2008, the amount available for transfer to the Capital Fund was calculated to be 374,518. Staff is recommending that only 300,000 of that amount be transferred. The additional reserve kept in the operations fund is recommended because the downturn in activity at the Heritage Center may require additional cash on hand at some point in the year. Given the current economic situation it would be prudent to reserve additional cash beyond the regular formula to assure smooth operation of the Heritage Center in 2009. The Capital Fund was established in 2004 to begin accumulating cash for the specific purpose of doing large scale maintenance and repairs at the facility. To date, the fund has been used for such projects as carpet replacements in 2006, replacement of tables and chairs in 2008, replacement of kitchen equipment (dishwasher, oven, large compactor), installation of signage, replacement of technology equipment and upgrade of technology infrastructure. Financial Impact: The current cash balance in the Capital Fund is about 365,000. The transfer would provide an additional 300,000. This would give a total beginning balance for 2009 of 665,000. The 2009 budget for expenditures from this Fund is 287,300 as shown in the 2009 budget as adopted by the City Council last December. EBHC TRANSFERS USING PROPOSED EBHC OPERATING CASH RESERVE POLICY At December 31, 2004 12 -month average event deposits 226,779 12 -month average cash disbursements 334,818 318,235 x 150% 12 -month average cash disbursements 502,227 Minimum cash balance 729,006 Cash balance at 12 -31 -04 796,732 Amount available for transfer 67,726 Actual transfer at 9/30/05 67,000 At December 31, 2005 12 -month average event deposits 318,235 252,858 12 -month average cash disbursements 332,153 x 150% 498,230 Minimum cash balance 751,088 Cash balance at 12/31/05 1,061,898 Amount available for transfer 310,810 Actual transfer 3131/06 300,000 At December 31, 2006 12 -month average event deposits 326,276 12 -month average cash disbursements 383,377 x 150% 575,066 Minimum cash balance 901,342 Cash balance at 12/31/06 1,141,255 Amount available for transfer 239,914 Actual transfer 5/31/07 230,000 At December 31, 2007 12 -month average event deposits 318,235 318,235 12 -month average cash disbursements 284,503 x 150% 575,005 Minimum cash balance 893,240 Cash balance at 12/31/07 1,151,029 Amount available for transfer 239,974 Actual transfer 12/31/2008 235,000 At December 31, 2008 12 -month average event deposits 255,340 12 -month average cash disbursements 348,988 x 150% 523,482 Minimum cash balance 778,822 Cash balance at 12131108 1,153,340 Amount available for transfer 374,518 Actual transfer 7/13/2009 300,000 its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AUTHORIZING TRANSFER OF FUNDS TO EARLE BROWN HERITAGE CENTER CAPITAL FUND WHEREAS, the City of Brooklyn Center annually reviews the cash need and availability for the operations of the Earle Brown Heritage Center; and WHEREAS, cash generated by the Heritage Center operations during a fiscal year that is not required for working capital may be transferred to a capital project account for use in maintaining, repairing, renewing and preserving the buildings and equipment of the facility; and WHEREAS, the review of cash for the 2008 fiscal year allows for the transfer of up to $374,518 in cash not needed for working capital. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that $300,000 in cash be transferred from the Earle Brown Heritage Center Enterprise Fund to the Earle Brown Heritage Center Capital Fund. Julv 13, 2009 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Help Save Brooklyn Center The recent savage attack, on Mr. Arenson, was launched out of a section 8 rental house at 5655 Northport Drive. This house is owned by real estate opportunists: Cindy (and Raymond) Scherbing 209 81st Av N Brooklyn Park MN 55444 Home Phone (763) 566 -8542 Cell Phone: (763) 464 -0919 Fax: (763) 566 -0710 email: cindyjpms @yahoo.com Cindy and Ray Scherbing are in the business of buying foreclosed houses and renting them to Section 8 tenants. Section 8 is a government program which pays the owners of rental property for people who don't pay their own expenses. This is a great deal for greedy landlords, but a terrible deal for our neighborhoods, crime rates and quality of life. There is a direct correlation to the startling increase in crime, and section 8 housing. It has become evident that this is a contributing factor in the death of Brooklyn Center's commercial viability. Brookdale is now nearly empty, and new businesses are not coming to Brooklyn Center, knowing that our city is slipping into a crime ridden, poverty stricken small version of Detroit Michigan, or Gary Indiana. What can we do to protect what's left of our city? Demand accountability of our mayor and elected officials that are paid to oversee our quality of life. They are: Mayor Tim Willson 7007 Dallas Road ph: 763 503 -5729 or: 763 569 -3450 Kay Lasman 4407 Woodbine Ln ph: 763-560-6689 or: 763- 569 -3448 Tim Roche 816 69th Avenue No ph: 763 772 -3017 or: 763 569 -3447 Dan Ryan 6442 Indiana Av No ph: 763 535 -4177 or: 763 569 -3445 Mark Yelich 6018 Beard Ave No ph: 763 -486 -6001 or: 763- 569 -3444 Also, and most importantly our House and Senate representative: MN House Rep: Debra Hillstrom MN Senator: Linda Scheid 3509 66th Ave. N., 55429; 6625 81st Ave N 55445 Phone 763 561 -6487 Phone: 763.561.5872 W Session Age n AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 13, 2009 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS PENDING LIST FOR FUTURE WORK SESSIONS July /August 1. Sign Ordinance Review 2. Robbinsdale School District Elementary School 3. Strategic Plan Goals Outcomes Success Measures 4. TIF Districts Update a. Brookdale Mall Update 5. 57th and Logan Update 6. Bass Lake Road Update 7. Administrative Fines Update 8. Walking Tours EBHC 9. Crime Mid -Year Report 10. Curbside Clean Up Program —Jim Glasoe 11. Firehouse Park/Parties in the Park 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