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HomeMy WebLinkAbout2009 04-13 CCP Regular SessionPublic Copy AGENDA CITY COUNCIL STUDY SESSION April 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. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn • 0 CITY COUNCIL MEETING City of Brooklyn Center April 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. March 23, 2009 - Study Session 2. March 23, 2009 - Regular Session 3. March 23, 2009 - Work Session b. Licenses C. Resolution Designating 2009 Planting List of Allowable Boulevard Tree Species d. Resolution Authorizing the Purchase of One Street Sweeper and Two Dump Trucks with Accessories e. Resolution Regarding the Disposition of Planning Commission Application No. • 2008-003 Submitted by the Luther Company LLLP; Amending and Superseding Resolution No. 2008-80 CITY COUNCIL AGENDA -2- April 13, 2009 7. Presentations/Proclamations/Recognitions/Donations a. Presentation by Hennepin County Sheriff Richard Stanek b. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Seventeenth Consecutive Year, and a Proclamation Declaring April 24, 2009, Arbor Day and May 2009 Arbor Month in Brooklyn Center Requested Council Action: -Motion to adopt resolution. -Motion to adopt proclamation. C. Presentation by Watershed Commissioner Della Young 1. Proclamation Declaring April 18-25, 2009, as the Great Shingle Creek Watershed Cleanup Week Requested Council Action: -Motion to adopt proclamation. 2. Proclamation Declaring April 22, 2009, as Earth Day in Brooklyn Center Requested Council Action: -Motion to adopt proclamation. • 8. Public Hearings a. Continuation of Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, and Delinquent Abatement Costs Requested Council Action: -Motion to open the continued Public Hearing. -Take public input. -Motion to close the Public Hearing. 1. Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls Requested Council Action: -Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls Requested Council Action: -Motion to adopt resolution. 3. Resolution Certifying Special Assessments for Abatement Costs to the Hennepin County Tax Rolls Requested Council Action: -Motion to adopt resolution. CITY COUNCIL AGENDA -3- April 13, 2009 • 9. Planning Commission Items alone 10. Council Consideration Items a. Mayoral Appointment to Planning Commission Requested Council Action: -Motion to ratify Mayoral appointment. b. Resolution Removing Certified Assessment from March 9, 2009, Unpaid Utility Charges Assessment Roll Requested Council Action: -Notion to adopt resolution. C. Resolution Amending the Capital Improvement Program for the Years 2009 through 2023 Requested Council Action: -Motion to adopt resolution. d. Resolution Accepting the Executive Summary from Donald Salverda and Associates from the City of Brooklyn Center City Council and Department Heads 2009 Leadership Planning and Team Building Retreat and Adopting a Mission Statement, Values Statement, and Goals Program Requested Council Action: -Motion to adopt resolution. 11. Council Report 12. Adjournment 0 until Agenda Item No, 6a City CO • • . 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 MARCH 23, 2009 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND OUESTIONS . None. MISCELLANEOUS Councilmember Yelich reported that he recently returned from the National League of Cities Congressional Conference. He stated that there was a lot of emphasis at the conference on the federal level working more closely with local jurisdictions. He distributed a pamphlet on the chief legislative priorities of the National League of Cities. Councilmember Yelich provided information on a prescription drug discount service that the National League of Cities donates to. The program is available for cities to participate in. There is no cost to the City or residents to participate in the service. An information webinar is scheduled at 1:00 p.m. ET tomorrow that staff could participate in if the Council would like additional information on the service. The majority consensus of the City Council was to direct staff to provide the Council with a brief summary report at the next City Council meeting on the prescription drug program discussed above. The report should include an analysis of the program and any issues to be noted, including whether there would be any liability on the part of the City if it were to participate in the program. • 03/23/09 -1- DRAFT 0 DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS DISCUSSION ON REVISING THE CONDITIONS OF THE LUTHER COMPANY LLLP, PUD APPROVAL (DEFERRING THE RECORDING OF THE PUD AGREEMENT) - CITY MANAGER Mr. Eitel discussed the history of the PUD Agreement for Luther Chevrolet Dealership and the Pontiac, GMC, Buick Dealership. He reviewed that on July 28, 2008, the City Council adopted Resolution No. 2008-80 "A Resolution Regarding the Disposition of Planning Commission Application No. 2008-03 Submitted by Luther Company, LLLP". Condition No. 13 of the Resolution requires that the applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreements shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. Mr. Eitel stated the applicant has indicated the willingness to execute the PUD agreement and to post financial guarantees for the improvements; however, not having complete ownership of the total property, they cannot proceed with the recording and filing of the agreement at this time. Mr. Eitel answered questions of the City Council regarding the possible deferral of the recording of the Luther Company LLLP PUD agreement and the March 17, 2009, letter from City Attorney LeFevere regarding the Luther Companies PUD. There was discussion on the underlying commercial zoning on the site. It was questioned whether there is a risk of setting a precedent by not using a PUD process with the subject property. Mr. Eitel noted that the discussion is on a deferral of the recording of the PUD agreement, rather than a waiver. The anticipated timeline of the deferral is seven to eight years. Representatives of Luther Company LLLP answered questions of the City Council on the deferral of the recording of the PUD agreement. It was stated that Luther Company LLLP will comply with all of the considerations written into the PUD agreement. However, Luther is not able to exercise the option to purchase the parcel owned by Automotive Sales and Service, Inc. until the end of the 10-year lease on the parcel. There was discussion on the City's request that landscaping improvements on the east side of Brooklyn Boulevard proceed if Phase 2 is delayed. It was noted that the subject landscaping improvements are not a condition of moving forward with the deferral of the recording of the PUD agreement; it is a cooperative effort that Luther Company LLLP has been pursuing with the City. It was noted that Luther Company LLLP is willing to post financial guarantees, has made substantial investments in the property, and will continue to make improvements during the term lease. 03/23/09 -2- DRAFT • Mayor Willson stated he will support the deferral of the PUD, but is uncomfortable with the seven to eight year timeframe of the extension. The majority consensus of the City Council was that the overall value of the Luther PUD improvements and the financial commitments by Luther Company LLLP provide sufficient assurances to defer the recording of the PUD agreement until such time as Luther Company LLLP has completed ownership of all properties within the PUD. Mr. Boganey indicated that this item will be included on the agenda of the April 13, 2009, City Council meeting. APPOINTMENT OF HISTORICAL SOCIETY LIAISON - COUNCILMEMBER ROCHE Councilmember Roche stated it has been brought to his attention that the Brooklyn Historical Society is going to be leasing space in the very near future in Brooklyn Park. He stated his position that the City of Brooklyn Center has an opportunity to partner with the Brooklyn Historical Society as they move forward with the City's Centennial Celebration, and that it would be a win/win to reach out and identify mutual points of interest. He stated his support in the City Council appointing a liaison to the Brooklyn Historical Society on an ongoing basis. Mayor Willson stated his position that members of the City Council may wish to serve on the Historical Society, but that the City Council should not make an appointment to the Historical Society as it is not a city commission. Councilmembers Lasman and Ryan concurred. It was noted that it would be beneficial to have a connection between the City Council and the Historical Society without appointing a member of the Council to the organization. Councilmember Yelich expressed interest in participating in the Historical Society. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Lasman 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 6:50 p.m. Motion passed unanimously. The discussion continued on the appointment of a historical commission liaison. • 03/23/09 -3- DRAFT • Councilmember Yelich stated he will contact the Brooklyn Historical Society to express his interest in becoming involved in the organization. It was noted that it is very inexpensive to become a member of the Brooklyn Historical Society and it would be a good way of showing the Council's support if there are other Council Members interested in joining. PARTICIPATION AND HOSTING SPRING SENIOR FORUM - COUNCILMEMBER ROCHE Councilmember Roche stated his purpose for bringing this issue forward was in an effort to have the City participate in the Spring Senior Forum. He is glad to learn that the City will be participating in the Forum. He stated he would appreciate the opportunity to have the City reach out to one of the heads of the Forum about hosting the event in the City of Brooklyn Center with a report back to the Council. He suggested the possibility of hosting the event at a facility like Brookdale Mall and stated his position that the space requested for the event may not be what is actually needed. It was noted that Northwest Hennepin Human Services Council (NWHHSC) would be the entity to approach a private entity such as Brookdale, rather than the City. Once that connection has been made, the City could possibly assist in facilitating the event. Brooklyn Center High School was noted as a possible location for the event. The majority consensus of the City Council was to direct staff to contact organizers of the Senior Forum to determine the space needs for the event and conduct a preliminary assessment of facilities that may be available. It was noted if the facility is not a City facility the most that would be done by staff is to facilitate and put individuals in contact with each other to work out arrangements. Councihnember Roche clarified his request would be that staff ask the organizers of the event what their dream space would be and what is the smallest space that would be required for the event. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • 03/23/09 -4- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 23, 2009 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development - - Director Gary Eitel, City Attorney Charlie LeFevere, and Carol_ Hamer, TimeSaver Off Site Secretarial, Inc. • Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. A representative of the American Cancer Society addressed the City Council and provided information on the upcoming American Cancer Society Relay for Life scheduled to be held at Brooklyn Center High School July 10th and 11 t'. Information on the event is available at www.relavforlife.ore/brooklvncenterminnesota. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Fr. Wil Lowery, St. Alphonsus Catholic Church, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. • 03/23/09 -1- DRAFT • 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, City Attorney Charlie LeFevere, 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 Yelich moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 9, 2009 - Study Session - - 2. March 9, 2009 -_Regular Session 3. March 9, 2008 - Work Session 6b. LICENSES RENTAL INITIAL 4110 Lakebreeze Ave Passed with Weather Deferral 3328 49th Ave N 5212 70th Ave N 5012 71" Ave N 6943 Drew Ave N 7025 Drew Ave N Passed with Weather Deferral 6728 Grimes Ave N 6807 Humboldt Ave N C303 5310 Knox Ave N 7033 Unity Ave N Daniel Mazzuco Sherman Kho Roland Bell Jared Lundgren Jared Lundgren Ryan Ray Yardley Charles Jing Bright William and Elsa Lind Doug Wahl Matthew Vetter RENEWAL Brookhaven Apartments 3907, 3909, 3011 65th Ave N 5601 Lyndale Ave N 3012-18 51 st Ave N . 5408 Girard Ave N 4213 62nd Ave N Hyder Jaweed Dragon Property Management Steven and Debra Elhardt Gardner Properties III Brannon Ciora 03/23/09 -2- DRAFT • 3313 63rd Ave N 2807 66 h Ave N 5559 Lyndale Ave N 7217 Unity Ave N 5936 York Ave N MECHANICAL Associated Mechanical Contractors BrooklynAire Htg & Cooling D L Johnson Htg & A/C Fore Mechanical Home Energy Center Infinity Heating & A/C Park Jerry Dahl Htg and Air Joel Smith Heating & A/C LBP Mechanical Inc Professional Mechanical Services Solid Refrigeration Bloomington- 0 • 6c. RESOLUTION PROJECT NO. READING Motion passed unanimously. 7. PUBLIC HEARINGS 7a. CONTINUATION OF PUBLIC HEARING Mr. Boganey recommended that the Council open the public hearing for this item, take testimony, close the public hearing, and consider the proposed resolution. Mr. Lillehaug discussed the history of the continued public hearing and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Ms. Jo Roberts, Link Associates located at 5400 France Avenue N, addressed the City Council and stated she has researched this property. She clarified that the property was owned by Wells Fargo at the time of the assessment and she would like this to be on the record for Mr. Reed. NO. 200947 CHANGE ORDER NO. 1, IMPROVEMENT 2008-16, CONTRACT 2008-J, AUTOMOATED METER Yuan Paul Xiong Nicole Franklin Dragon Property Management Edwina Willie Stephen Phillips 1257 Marschall Rd, Shakopee 8205Groveland Rd, Mounds View 19620 Jackson St NE, East Bethel 3102 103rd Lane, Blaine 2415 Annapolis Ln, Plymouth 1017 Meadowwood Dr, Brooklyn 1933 164 h Lane NE, Ham Lake 4920 173rd Ave, Ham Lake Royalston Ave N, Minneapolis 6176 Mill Run Road, Monticello 1125 American Blvd E, Mayor Willson clarified that the assessment will go against the property. 03/23/09 -3- DRAFT • Councilmember Ryan moved and Councilmember Roche seconded to close the public hearing. Motion passed unanimously. 1. RESOLUTION NO. 200948 AMENDING LEVY NO. 17345 AND CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-48 Amending Levy No. 17345 and Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION NO. 2009-49 REMOVING CERTIFIED ASSESSMENTS FROM MARCH 9, 2009, UNPAID UTILITY CHARGES ASSESSMENT ROLL Mr. Jordet stated the purpose of the proposed resolution and answered questions of the City Council. There was discussion on whether there is a reciprocal agreement in place with the City of Minneapolis similar to the agreement with Brooklyn Park. Mr. Jordet indicated that staff is not aware of a formal reciprocal agreement with the City of Minneapolis; this will be pursued by staff. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2009-49 Removing Certified Assessments from March 9, 2009 Unpaid Utility Charges Assessment Roll. Motion passed unanimously. 8b. AN ORDINANCE RELATING TO ZONING AND THE REGULATION OF ADULT ESTABLISHMENTS: AMENDING SECTION 35-2182 TO THE BROOKLYN CENTER CODE OF ORDINANCES Mr. Boganey discussed the history and stated the purpose of the proposed ordinance. Councilmember Roche moved and Councilmember Yelich seconded to Approve First Reading of an Ordinance Relating to Zoning and the Regulation of Adult Establishments; Amending Section 35-2182 to the Brooklyn Center Code of Ordinance, and set second reading and Public Hearing for April 27, 2009. • Motion passed unanimously. 03/23/09 -4- DRAFT 0 9. COUNCIL REPORT Councilmember Yelich reported on his attendance at the National League of Cities Congressional Conference. He stated his renewed commitment to the following: ■ Transformational leadership, including accountability and transparency of government to citizens. This involves an added focus on fact-based outcomes, rather than just activity- based outcomes. ■ Multimodal transportation linked to redevelopment. ■ Investment in energy conservation practices. Looking to other enterprises and organizations from around the country for ideas and solutions. ■ Obtaining the greatest value from the City's membership in the National League of Cities. Councilmember Lasman reported on her attendance at the March 18, 2009, Crime Prevention Program Committee Meeting: ■ Part I crimes and violent crimes in Brooklyn Center are down about 13%. This is good fruition of the additional investment that the Council has put into the budget for the Police Department. A Police and Citizen Committee meeting is scheduled for April 15, 2009, 7:00 p.m. at Constitution Hall. ■ A Cultural Awareness Program Workshop will be held at the Police Department on • March 26, 2009, from 7:00 p.m. to 8:00 p.m. ■ A Vacant Garage Workshop is scheduled for April 21, 2009. The topic will be informing neighbors about maintaining and safety issues associated with the growing number of vacant and abandoned properties and what residents can do to make this situation a bit more manageable. ■ Information was dispersed on a paint-a-thon program where volunteers paint homes of property owners of qualifying age and income. Information is available at 612-721-8687 ext. 321; the deadline to apply is May 8, 2009. The Brooklyn Center Crime Prevention Program will host its annual fundraiser golf tournament at Centerbrook Golf Course in Brooklyn Center on May 15, 2009. Tee times are 3:00 and 5:30; there will be dinner and door prizes. Councilmember Roche reported on his attendance at the following events: ■ Brooklyn Center Birthday Celebration Committee Meeting. The arts and crafts event will be smaller this year. The footprint may be smaller at Central Park; the committee will walk the area at the next meeting. A solicitation for sponsorship has been put out. ■ March 17, 2009, Housing Commission Meeting. o There was discussion on the Brooklyn Boulevard Streetscape Amenities Study completed by the City 15 years ago. o An individual owning property along Lyndale Avenue between 53rd and 57th Avenues gave a presentation about opportunities for mixed housing along the river. o Thank you to new Housing Commission Member Jim Richards who attended his first meeting. 03/23/09 -5- DRAFT • He conducted a neighborhood pick up around St. Alphonsus yesterday, March 22°d, with the Cub Scouts, as well as another neighborhood pick up from Dupont Avenue to Humboldt Avenue. • Today he drove and walked the City's trails in regards to tonight's work session. Councilmember Ryan reported on his attendance at the following events: ■ March 11, 2009, Neighborhood Watch Organizing Meeting with Counciimember Yelich for the 5300 blocks of Emerson and Dupont Avenues. Neighborhood concerns raised were problem properties and issues with the bus stop at 53rd and Dupont. He will be following up on those concerns. ■ March 11, 2009, viewing of a documentary at Northbrook Alliance Church about Liberians living in Brooklyn Center and Brooklyn Park. A police delegation from the Netherlands was also in attendance. A Netherlands Police Chief stated what he has seen of the collaboration of the Brooklyn Center/Brooklyn Park Police Departments in dealing with the challenge of new immigrant populations could serve as a model for police/immigrant community relations in the Netherlands. ■ North Hennepin Chamber of Commerce Luncheon featuring Minnesota House of Representatives that serve on the tax committee. The luncheon provided the opportunity to hear concerns from members of the business community and to engage in dialogue with members of the tax committee. ■ Annual American Cancer Society Relay for Life Event will be held on July 10th andfllth at Brooklyn Center High School running track. A key meeting for team captains will be • held on April 20th from 7:00 to 8:30 p.m. at Brooklyn Center High School. For information contact Tamara Steamer at the American Cancer Society at 651-225-8119 or himself on-line through the City web address or at 763-569-3445. Mayor Willson reported on his attendance at the following events: • March 11, 2009, Brooklyn Center Centennial Birthday Committee Meeting. • March 11, 2009, welcome to the 53rd Avenue residents at the Brooklyn Center Police Department. ■ March 11, 2009, viewing of a documentary at Northbrook Alliance Church about Liberians living in Brooklyn Center and Brooklyn Park. ■ March 12, 2009 Visit Minneapolis North Meeting (VMN). • March 13, 2009, noon dinner with the Netherlands delegation, including the cities of Brooklyn Center, Brooklyn Park, Hopkins, and Robbinsdale. ■ March 18, 2009, VMN Annual Board Meeting. A motion has been approved to allow cities other than Brooklyn Park, Maple Grove and Brooklyn Center to opt out early on their agreements with VMN. April 30th will be the deadline for cities to respond officially as to whether thy will opt out early. Following this the board will restructure VMN, depending on the membership. ■ March 18, 2009, Brooklyn Center American Little League on issues they wish to speak about. • 03/23/09 -6- DRAFT 10. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:34 p.m. Motion passed unanimously. 0 - • 03/23/09 -7- 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 MARCH 23, 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 7:45 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, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Fire Chief Lee Gatlin, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 2009 STRATEGIC PLAN AND BUDGET LIMITATION POLICY • Mr. Boganey stated staff is seeking Council consensus regarding the revised Strategic Plan Outcome Statements and Budget Limitations Policy as a follow up to the City Council/Department Head Retreat held on February 28, 2009. Mr. Boganey provided an overview of the Strategic Planning Process, including the following information: 1) City Mission Jointly Developed; 2) Values Statement Jointly Developed; 3) Strategic and Ongoing Goals; 4) Desired Outcomes; 5) Desired Outcome Success .Indicators; 6) Department and Program Missions; 7) Program Strategies/Tactics/Performance Measures; 8) Budget Proposals; and 9) Performance Reports. Mr. Boganey provided an overview and answered questions of the Council on the 2009 Ongoing Goals. There was discussion on limiting the desired outcomes to a maximum of three per goal when possible for manageability. There was discussion on the following in relation to the 2009 Ongoing Goals: Goal No. 1, Desired Outcome No. 2: ■ Mr. Boganey explained that staff will present Council with a recommendation on what might appear to be appropriate benchmarks. Council would adopt the benchmarks if they agree with staff's recommendation. ■ Addition of the following bullet benchmark: Ability to respond effectively to a multilingual population. 0 03/23/09 -1- DRAFT • Goal 2, Goal Desired Outcomes: ■ Three measurable and visible goal desired outcomes of the City's financial stability: 1) City's Al bond rating, 2) City's auditor report with no significant findings, and 3) City's receipt of the Excellence in Financial Reporting Award. o There was discussion on whether the above would be success indicators rather than goal desired outcomes. o Staff will revise Goal No. 2 Desired Outcomes. The majority consensus of the City Council was to direct staff to schedule additional discussion on the 2009 Strategic Plan and Budget Limitation Policy on a future work session agenda. UPDATE - MN/DOT LONG RANGE PLANS FOR TH 252 - CITY MANAGER Mr. Boganey introduced the item and reported that staff recently met with Mn/DOT and discussed the planning and construction activities and initiatives pertaining to the TH 252 corridor. Mr. Lillehaug provided an overview and answered questions of the Council on the following planning and construction activities and initiatives pertaining to the TH 252 corridor: 1... Short-term-_.. _ a. Corridor Evaluation b. Median Cable Guard • c. Signal Timing o Public Works Director/City Engineer Lillehaug will discuss signal timing with Mn/DOT due to concerns regarding pedestrian safety. d. 6-lane Section in Brooklyn Park e. 66th Avenue Intersection f. Pedestrian Crossing 2. Long-term a. TH 252 Expansion (Freeway Upgrade) b. TH 610 Expansion Mr. Lillehaug asked if Council is content with the TH 252 strategies as presented or whether the City should more proactively work with Mn/DOT on both short term and long term initiatives with the goal of bringing a corridor evaluation to the forefront and finalizing the study done by Mn/DOT in 2008. The majority consensus of the City Council was to direct staff to work more proactively with Mn/DOT on both short term and long term initiatives with the goal of bringing a corridor evaluation to the forefront and finalizing the study done by Mn/DOT in 2008. It was suggested that traffic on TH 252 be slowed to 35 mph until the freeway upgrade occurs. Mr. Lillehaug advised that it is not anticipated that a speed study would warrant changing the speed on the corridor, but a study could be requested. i 03/23/09 -2- DRAFT • It was requested that staff review previous Council and Mn/DOT decisions on TH 252 improvements. There was discussion on the following in relation to a pedestrian bridge crossing TH 252: ■ Safety concerns on pedestrian crossing. ■ Determining whether a pedestrian bridge was part of the plan that was prepared approximately 30 years ago. ■ There are residents that oppose a pedestrian bridge near the R.iverwood neighborhood Tying a pedestrian bridge in with the Three Rivers Park regional trail and the regional trail along the Mississippi River. Mr. Lillehaug requested direction on whether Council would like to consider the addition of a pedestrian bridge prior to the freeway expansion project. Councilmember Lasman stated her opposition to allocating staff time to research the construction of a pedestrian bridge prior to the freeway expansion project. She stressed the expense and the unlikelihood of the project being funded. She noted there is a fairly large constituency who adamantly oppose a pedestrian bridge. Councilmember Roche_ stated his support for the construction of a pedestrian bridge prior to the- freeway expansion project. He stated his support of looking for a funding stream for the bridge that would most likely be from the State, rather than the City of Brooklyn Center. Mayor Willson stated his position that pedestrian traffic should be included in the plans that are prepared, although he agrees that there will not be funding available for a pedestrian bridge. Councilmember Yelich stated his position that a pedestrian crossing is needed in this area, although it will likely be part of the expansion project. He stated his support of incorporating the regional trail system in with the proposed pedestrian bridge. Councilmember Ryan stated his position that pedestrian safety should be part of the planning process on the roadway. Mr. Boganey recapped the Council's direction in terms of staff's discussions with Mn/DOT. Staff is to address concerns about pedestrian traffic today and in the future, and things that can be done to enhance and improve pedestrian traffic. Staff is to be more proactive in terms of defining the future of the TH 252 corridor. He noted that the City of Brooklyn Park took the lead on the Devil's Triangle in cooperation with Osseo and Champlin. A lot of City funds were spent on some of the preliminary design efforts, but they felt it was a problem intersection and a solution was needed, and that it was important to get out in front to help shape the direction. Mn/DOT came on board later and participated in the project. The TH 252 expansion is likely 10 to 15 years away, but if the City takes the lead and becomes proactive in setting the agenda and direction there is likely a better chance to achieve what the City wants in the end. • 03/23/09 -3- DRAFT 0 WATER CONSERVATION RATE REQUIREMENTS - CITY MANAGER Mr. Boganey introduced the item and explained that the 2008 Minnesota Legislature changed Minnesota Statutes to include a requirement for conservation water rate structures. The City of Brooklyn Center began looking at this issue several years ago. The thing that kept them from moving forward was the need for better data, which should be available with the implementation of the Automated Meter Reading (AMR) system. The rates must be adopted and in place by the end of 2009. Mr. Jordet provided information on conservation rates and answered questions of the City Council. It was noted that the adopted rate structure should not provide a disincentive for water- using commercial companies to locate in the City. It was noted that the rate structure could have an adverse effect on households with a large number of children and high water consumption. Mr. Jordet indicated that the study will be completed in time to include the rate consideration for the 2010 budget cycle. THREE RIVERS PARK DISTRICT PLAN - CITY MANAGER Mr. _Boganey introduced the item and stated staff has been working diligently with Three Rivers Park District to negotiate the best agreement for the City and still meet some of the expectations of the Park District. Mr. Eitel stated staff is looking for direction from the City Council on possible conversion on some of the City's community trails through the Three Rivers Park District. A copy of the draft agreement and letter from the City Attorney are included in the Council's packet. Mr. Eitel reviewed the following trails included in the draft Cooperative Trailway Agreement: ■ Twin Lakes Trail Connection to Shingle Creek Parkway ■ Shingle Creek Trail which crosses the City ■ Planning and future improvement of a Twin Lakes Trail Extension to the Mississippi River Regional Park Mr. Eitel provided an overview of the draft Cooperative Trailway Agreement with Three Rivers Park District. He stated the Park and Recreation Commission expressed concern on the use of a permanent easement, the duration of the agreement, and the relinquishing of City control on trail design and construction. He stated his understanding is that the maintenance standards of the Park District exceed the City's level of standards, and that the Park District's construction standards meet or exceed the City's standards. Mr. Eitel requested direction from the Council on the following: ■ Is it in the Community's interest to convey the maintenance, operation and capital expense of the Shingle Creek Trail Corridor, the Twin Lakes Corridor and the future extension of the Twin Lakes Corridor to the Mississippi River Corridor Trail to the Three Rivers Park District? ■ Are the design construction and maintenance standards of the Three Rivers Park District Trail System equal to or better than the City's trail standards? 03/23/09 -4- DRAFT ■ Is it in the City's interest to enter into an agreement, which requires a permanent continuous and contiguous trail corridor, which crosses the city and connects to regional trail corridors? ■ Should this matter be referred back to the Park and Recreation Commission for a final report and recommendation? There was discussion on utilizing the existing trail on 69th with a pedestrian crossing at TH 252 labeled as a future connection. There was discussion about the concern of -a permanent trail corridor and the possibility of a time period for evaluation on the corridor. It was suggested that a representative of the Three Rivers Park District meet with the Park and Recreation Commission to discuss the purpose for the permanent easement. Councilmember Ryan requested staff to keep an eye out for opportunities to enhance the trail along 57th Avenue east of Highway 100 in an effort to enhance the quality of the neighborhood in this area. The majority consensus of the City Council was to direct staff to schedule a meeting with the Park and Recreation Commission and representatives of the Three Rivers Park District. Council will be provided with a report from the Park and Recreation Commission and representatives of - -the Three Rivers; Park District will be invited to attend a. City Council meeting or work session. It was noted that paragraph 4 of the draft Cooperative Trailway Agreement should be amended as follows: "...city trail corridor from Twin Lake Beaeh Park to Brooklyn Boulevard..." BASS LAKE ROAD IMPROVEMENTS UPDATE - CITY MANAGER Mr. Lillehaug provided background information on the Bass Lake Road Streetscape and Regional Trail Project. He stated the streetscape and transportation improvements for the 2008 Xerxes Avenue Reconstruction Project were completed in the Fall of 2008. The second phase and remaining portion of the public improvements addressed in the comprehensive streetscape study pertain to Bass Lake Road from Brooklyn Boulevard to Highway 100. Currently a specific funding source has not been fully indentified and committed to his second phase. However, the City is continuing to pursue multiple funding opportunities and partnerships in an effort to proceed with this project. Mr. Lillehaug provided an overview of the following funding options for Bass Lake Road Improvements: ■ Transit for Livable Communities ■ Hennepin County ■ Three Rivers Park District ■ American Recovery and Reinvestment Act of 2009 (ARRA) ■ Tax Increment Financing (TIF) District 3 Mr. Lillehaug explained that with the current special economical funding opportunities available and requirements to qualify for them, it may be beneficial for the City to deviate from the typical project planning/approval scenario. The ARRA funding sources currently being considered call for shovel ready projects. In an effort to meet this requirement pertaining to the Bass Lake road Streetscape and Regional Trail Project, it is necessary to proceed with plans and specifications to 03/23/09 -5- DRAFT • have this project "on the shelf' to meet the shovel ready requirement. He requested discussion on whether the Council supports pursuing the project funding strategies for the project, and whether the Council supports proceeding with the development of plans and specifications for the project. There was discussion on the proposed use of TIF District 3 funds as a funding source for the project. Mr. Boganey clarified that the bond proceeds in TIF District 3 were borrowed in anticipation of this project and the Xerxes Avenue Reconstruction Project. Mr. Lillehaug indicated that the full $3 million balance identified in TIF District 3 would not be available for this project as some of these funds are keynoted to other areas. There was discussion on including a dedicated striped bike lane in the project area. Mr. Lillehaug provided his recommendation that it is possible this could be considered in the future, but it would be difficult to include in the scope of the current project. The majority consensus of the City Council was support in pursuing the project funding strategies as outlined for the project, and support in proceeding with the development of plans and specifications for the project. Mr. Boganey stated staff will proceed with preparing a contract to have plans and specifications --prepared-for-the project. A Capital Improvcment Plan (CIP) amendment will be presented to the Council for consideration, as this project was not included in the 2009 CIP. 0 2009 BUDGET REVISION UPDATE - CITY MANAGER Mr. Boganey stated staff has prepared options for adjusting the 2009 budget based on the priorities identified by the City Council. Based upon what the department heads have prepared thus far, he is cautious, but very optimistic, that in two weeks the Council can be presented with a balanced budget for 2009. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:21 p.m. Motion passed unanimously. • 03/23/09 -6- DRAFT City c ouncil xgeoda Item No. 6b • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: April 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 April 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. LIQUOR - CLASS D ON-SALE INTOXICATING AND SUNDAY Embassy Suites 6300 Earle Brown Drive MECHANICAL Assured Htg, AC Centerpoint Energy Howell Heating Kevin's Htg. & Cooling Master Mechanical, Inc. River City Sheet Metal Sedgwick Htg & AC Wenzel Htg & Air Yale Mechanical RENTAL See attached report. SIGN HANGER Express Signs 334 Dean Avenue E, Champlin 9320 Evergreen Blvd, Coon Rapids 21303 Pomroy Avenue N, Scandia 6474 20'h Avenue S, Hugo 1027 Gemini Road, Egan 8290 Main Street NE, Fridley 8910 Wentworth Avenue S, Minneapolis 4145 Sibley Memorial Highway, Eagan 9649 Girard Avenue S, Minneapolis 19320 Yukon Street NW, Cedar 0 Rental Licenses for Council Approval on April 13, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid Property AddressOwnerCalls for Service Typeor InitialUtilitiesTaxes 3707 61st Ave NSingle FamilyInitialDoug WahlNone per 12-911 OrdinanceOKOK 2819 64th Ave NSingle FamilyInitialAmanda SyhakethNone per 12-911 OrdinanceOKOK 6031 Colfax Ave NSingle FamilyInitialJ Thomas Equities LLCNone per 12-911 OrdinanceOKOK 6806 Drew Ave N Single FamilyInitialThomas DavidsonNone per 12-911 OrdinanceOKOK Passed with Weather Deferral 5120 Ewing Ave NSingle FamilyInitialDavid ButhNone per 12-911 OrdinanceOKOK 5737 Girard Ave NSingle FamilyInitialMichelle Rae RobinsNone per 12-911 OrdinanceOKOK 5547 Humboldt Ave N Single FamilyInitialJ Thomas Equities LLCNone per 12-911 OrdinanceOKOK Passed with Weather Deferral 5636 Humboldt Ave N Single FamilyInitialGaoqiang LiuNone per 12-911 OrdinanceOKOK Passed with Weather Deferral 6765 Humboldt Ave NSingle FamilyInitialMoeen Masood & Shehla AlaviNone per 12-911 OrdinanceOKOK 6325 Kyle Ave NSingle FamilyInitialRebecca MerdanNone per 12-911 OrdinanceOKOK 7025 Logan Ave NSingle FamilyInitialJustin McGintyNone per 12-911 OrdinanceOKOK 6412 Major Ave NSingle FamilyInitialJared LundgrenNone per 12-911 OrdinanceOKOK 7030 Regent Ave NSingle FamilyInitialDoug WahlNone per 12-911 OrdinanceOKOK 7206-12 West River RdTwo Family - 2RenewalJason IngbretsonNone per 12-911 OrdinanceOKOK 5124 65th Ave NSingle FamilyRenewalJoseph OkrakeneNone per 12-911 OrdinanceOKOK 6234 Brooklyn BlvdSingle FamilyRenewalThomas JohnsonNone per 12-911 OrdinanceOKOK 6613 Camden DrSingle FamilyRenewalMark One Resources LLCNone per 12-911 OrdinanceOKOK 5200 Drew Ave NSingle FamilyRenewalMorris MatthewsNone per 12-911 OrdinanceOKOK 5548 Dupont Ave NSingle FamilyRenewalJohn LindahlNone per 12-911 OrdinanceOKOK 7211 Girard Ave NSingle FamilyRenewalTommy VangNone per 12-911 OrdinanceOKOK 5344 Twin Lake Blvd ESingle FamilyRenwealTakasi SibuyaNone per 12-911 OrdinanceOKOK 4519 Woodbine LaSingle FamilyRenewalBenson VangNone per 12-911 OrdinanceOKOK City council Agenda Item N°• 6c • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works 551- DATE: April 1, 2009 SUBJECT: Resolution Designating 2009 Planting List of Allowable Boulevard Tree Species Recommendation: Staff recommends that the City Council adopt the attached resolution designating the 2009 planting list of allowable boulevard tree species. Background: In 1990 City residents and Council members expressed strong support for an improved city forestry program. Staff was directed to develop a Community Forestry Work Plan and policies regarding public tree care. In February 1992, Chapter 20 of the Code of Ordinance regarding trees was adopted • by the City Council. Section 20-402 of the ordinance states that the City Council shall annually adopt a resolution designating allowable boulevard tree species. This section is included in the ordinance to emphasize the importance of maintaining a variety of species to reduce the impact of future tree disease and to assure that all boulevard trees be located so as to avoid creating future sight distance problems. Attached is a resolution designating the 2009 planting list of allowable boulevard tree species along with a copy of the boulevard permit that residents are required to complete and submit before the planting of boulevard trees. Budget Issues: Staff time for inspections is minimal, and there are no other significant budget issues to consider. 0 31 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Phone 763-569-3340 • PERMIT BOULEVARD TREE PLANTING PROPERTY ADDRESS: OWNER NAME: ADDRESS: CITY, STATE, ZIP: PHONE: DAY VARIETY OF TREE: TO BE PLANTED (COMMON NAME) APPROXIMATE DATE OF PLANTING: OTHER Please stake or otherwise indicate your preferred tree location as soon as possible I have called or will call Gopher State One Call at 651454-0002 to obtain underground utility locations Owner Signature Date * * * ALLOW 48 HOURS FOR PROCESSING * * * • City use only: Initial and date each item checked Variety Sight Distance Approx. width of Blvd. Sidewalk? ALL REQUIREMENTS MET: Signature At least 5' from underground utilities At least 10' from overhead utilities Proposed distance from edge of street Proposed distance from edge of sidewalk Title Date • • • BEFORE YOU PLANT . artb da The City Council of the City of Brooklyn Center has adopted an ordinance to establish policies for the care of boulevard trees. The ordinance contains very specific information regarding where boulevard trees maybe planted. Please read the following information before you plant a boulevard tree. A copy of the complete ordinance is available at City Hall. Section 20-200. PUBLIC TREE CARE IN GENERAL Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of public works or designee. The City may move, remove, or trim or cause or order to be moved, removed, or trimmed any boulevard tree not planted by permit, or any boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adjacent property owners providing the selection, location, and care of said trees are in accordance with the provisions of this code. The purpose of a permit is to ensure that all requirements are met, most especially those relating to sight distance, both at corners and near driveways, sidewalks, alleys, etc. The following is the list of allowable boulevard trees for 2009: Crabapple (Flowering) & cultivars Ginko (male tree only) Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Oak (Pin) Oak (White or Bur) Oak (Northern Red) Linden (American) & cultivars Linden (Littleleaf) & cultivars Linden Greenspire) & cultivars Linden (Redmond) & cultivars Maple (Norway) & cultivars Maple (Red) & cultivars Maple (Sugar) & cultivars Serviceberry • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING 2009 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, Section 20-402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following trees are hereby designated as allowable boulevard tree species for 2009: Crabapple (Flowering) & cultivars Ginko (male tree only) Hackberry Honeylocust (Imperial, Shademaster, Skyline, Thornless) Oak (Pin) Oak (Swamp White or Bur) Oak (Northern Red) April 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. Linden (American) & cultivars Linden (Littleleaf) & cultivars Linden (Greenspire) & cultivars Linden (Redmond) & cultivars Maple (Norway) & cultivars Maple (Red) & cultivars Maple (Sugar) & cultivars Serviceberry 0 6d da City Council Ngell • 0 • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works DATE: April 7, 2009 SUBJECT: Resolution Authorizing the Purchase of One Street Sweeper and Two Dump Trucks with Accessories Recommendation: Staff recommends that the City Council approve the resolution authorizing the order and purchase of one street sweeper and two dump trucks with accessories. Background: The Central Garage vehicle replacement schedule includes the replacement of one street sweeper (No. 24) and two dump trucks with accessories (Nos. 93 and 94) in 2009. The street sweeper is on an eight-year replacement cycle; however, the cycle was increased to nine years in 2003. Likewise, the dump trucks are on an 11-year schedule extended to 12 years. Quotations from MacQueen Equipment Company for the street sweeper, Twin City Mack Trucks for the truck cab and chassis, and Tow Master for the dump truck bodies and accessories (plows, hydraulics and controls) are all under the State of Minnesota Cooperative Purchasing Venture 2009 contracts. If ordered now, the street sweeper is anticipated to be delivered by July 2009 and the trucks are anticipated to be ready by October 2009. The quotation for the 2009 Elgin Pelican street sweeper is $139,926.09, including a trade-in amount of $22,000 for the City's 2000 Elgin street sweeper. The quotation total for the two 2009 Mack dump trucks complete with accessories installed is $286,734.56, including a trade- in amount of $44,000 for the City's two Ford dump trucks. The 2009 approved Central Garage Capital Outlay Budget has $140,043.00 appropriated for the purchase of the street sweeper and $289,009.00 for the two dump trucks. Budget Issues: The Central Garage Fund has accumulated a sufficient replacement fund balance to allow for the replacement of these three recommended vehicles in 2009. Delivery and payment will occur in 2009. Street Sweeper & Dump Trucks Order Citv of Brooklyn Center Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE STREET SWEEPER AND TWO DUMP TRUCKS WITH ACCESSORIES WHEREAS, one street sweeper (No. 24) and two dump trucks with accessories (Nos. 93 and 94) are scheduled for routine replacement in 2009 in accordance with the established vehicle replacement schedule; and WHEREAS, it is expected that $429,052.00 in accumulated replacement funds will be available in the 2009 Central Garage capital outlay budget for replacement of said vehicles; and WHEREAS, a minimum of 2 to 7 month delivery makes immediate ordering preferable for 2009 delivery of new vehicles; and WHEREAS, it is possible for the City of Brooklyn Center to participate in the 2009 Minnesota State Cooperative Purchasing Venture; and • WHEREAS, replacement of said vehicles is available through the 2009 Minnesota State Cooperative Purchasing Venture, State Contracts Nos. S-843, S-863, T-647 at a total cost of $426,660.65. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the early order purchase of one street sweeper and two dump trucks with accessories under the Minnesota State Cooperative Purchasing Venture at a total cost of $426,660.65 is hereby approved. Avril 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. Council Agenda Item No. 6e City • • • MEMORANDUM - COUNCIL ITEM DATE: April 7, 2009 TO: Curt Boganey, City Manager FROM: Gary Eitei, Director of Business and Development . AlL SUBJECT: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY THE LUTHER COMPANY LLLP, AMENDING AND SUPERSEDING RESOLUTION NO. 2008-80 COUNCIL ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution regarding the disposition of Planning Commission Application No. 2008-003 submitted by Luther Company LLLP, amending and superseding Resolution No. 2008-80. Background: On July 28, 2008, the City Council adopted Resolution No. 2008-80 which approved the • Luther Company PUD application providing for the redevelopment and expansion of the existing Chevrolet Dealership Site (formerly Iten Chev) and the remodeling and expansion of the former Iten Leasing building to facilitate the relocation of the Buick, Pontiac, GMC dealerships. On March 23, 2009 the City Council discussed the conditions of this resolution and an amendment that would allow Luther Group LLLP to proceed with their redevelopment plans and defer the formal recording of the PUD agreement until such time as they have complete ownership of all properties within the PUD, At that time, the Council acknowledged the contract ownership position of Luther Group LLLP in acquiring these properties and recognized that the significant financial commitments by the Luther Group in the redevelopment and expansion plans for this area provided sufficient assurances that warranted consideration in amending the provisions of approving resolution. The City Attorney has prepared the attached resolution which restates condition #13 and enables the deferral of the recording of the Declaration of Covenants until the property is under unified ownership. Attached for your reference is a copy of the memorandum prepared for the March 23, 2009 work session discussion on this matter and Resolution No. 2008-80 • Budget Issues: There are no budget issues associated with this action. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY THE LUTHER COMPANY LLLP; AMENDING AND SUPERSEDING RESOLUTION NO. 2008-80 WHEREAS, Planning Commission Application No. 2008-003 submitted by the Luther Company LLLP proposes rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) of three contiguous lots located on the west side of Brooklyn Boulevard between 1-94 and 68th Avenue North and addressed as 6701 Brooklyn Boulevard, 4301 68th Avenue North and 4315 68th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above property and development plan approval for the redevelopment and expansion of the existing Chevrolet building -and the remodeling and expansion of an existing building. for a new_Buick9 Pontiac, GMC dealership; and • WHEREAS, the Planning Commission held a duly called public hearing on July 17, 2008 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2008-003 by adopting Planning Commission Resolution No. 2008-02 on July 17, 2008; and WHEREAS, the City Council considered Application No. 2008-003 at its July 28, 2008 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35- 208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendations; and WHEREAS, on July 28, 2008 the City Council adopted Resolution 2008-80 approving Application No. 2008-003 with conditions; and WHEREAS, at the request of Luther Company LLLP, and upon due consideration, the City Council has determined that Resolution 2008-80 should be amended as provided herein. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008-003 submitted by the Luther Company LLLP be approved • based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question. in a_.manner which- is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a waiver of the 40 ft. rear yard setback requirement for 4301 68th Avenue North and to allow green strip encroachments for parking along 1-94 and display pads with pergolas or railings along Brooklyn Boulevard, 68th Avenue and 1-94 and to allow the three properties under different ownership to be utilized as a single parcel of land without the benefit of replatting the property into a single lot. These modifications from the Zoning Ordinance standards are justified on the basis of the development being -an appropriate redevelopment of this area and that..they are offset-or mitigated__ by various factors contained in the approved development plan. 04. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008-003 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building 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 building permits to assure completion of all required site improvements. 2 • 4. B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may authorize a lesser standard such as B- 412 curb and gutter in non-drainage areas. 5. Any outside trash -disposal facilities and -rooftop or on ground mechanical_._ equipment shall be appropriately screened from view. 6. The building and building additions shall be equipped with automatic fire extinguishing systems to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. _9. - The applicant shall submit- an as-built suruey_..of the property, improvements. and utility service lines prior to the release of the performance guarantee. 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. A portion of the site, addressed as 4315 68th Avenue North (the "Applicant's Parcel"), is owned by the applicant. The remainder of the site, two lots addressed as 6701 Brooklyn Boulevard and 4301 68th Avenue North, (collectively referred to as the "Remainder Parcel"), is under the control of the applicant for purposes of use and development under a lease with the owner, and is subject to an option to purchase by the applicant. Applicant has represented that it will acquire the Remainder Parcel under said option agreement and promptly thereafter will replat the two parcels into a single lot, and that it will subject the entire site (the "Combined Parcel") to a recorded declaration of covenants to be reviewed and approved by the City Attorney. Said declaration shall be filed with the title to the Combined Parcel and shall acknowledge the specific modification to the requirements of the C-2 underlying zoning district 3 • as well as other conditions of approval. The declaration shall further assure compliance with the development plan submitted with the application. Until the applicant or its successors in interest acquire ownership of the Remainder Parcel, plat it with the Applicant's Parcel into a single lot, and record the above described declaration of covenants against the Combined Parcel, the applicant shall enter into a PUD Agreement with the City, conforming to all requirements _..applicable to-the Declaration of Covenants other than recording against title to the Combined Parcel, and subjecting the interest of the applicant in both parcels to the terms thereof. No building permits will be issued for buildings that do not meet the requirements for building setbacks between the Applicant's Parcel and the Remainder Parcel until the two are replatted as a single lot. No building permits will be issued for the site if the Applicant's Parcel and the Remainder Parcel are under common ownership and there is not recorded against the entire site a declaration of covenants meeting the requirements of this paragraph. The entire site will not be in compliance with the requirement of the City's zoning code and no building permits will be issued if any part of the site comes into the possession and control of a party that is not subject to either a declaration of covenants or a PUD Agreement meeting the requirements of this paragraph. - 14. Appropriate --cross-access ..and .parking. agreements,.- as approved by the City _ Attorney shall be executed and filed with the title to the Applicant's Parcel for the benefit of the Remainder Parcel prior to the issuance of building permits or • certificates of occupancy for this project. 15. The applicant shall receive approval from the Shingle Creek Watershed Management Commission for their watershed management plans prior to the issuance of building permits for this project. 16. Modifications to allow green strip encroachments for decorative display pads, pergolas and fencing as indicated on the approved plans are considered to be acceptable provided they are properly maintained, do no cause clear view visibility impediments and can be modified, changed or eliminated only with the approval of the City of Brooklyn Center. 17. The owner shall replat the property in accordance with Section 35-540 once common ownership of the lots is attained. Once the entire site is under common ownership, no building permits will be issued for the site until it is replatted as a single lot. 18. There shall be no outdoor paging, announcing, or other amplified voice or music on the site. 0 4 • BE IT FURTHER RESOLVED, by the City Council of the City of Brooklyn Center that Resolution is amended and superseded by this Resolution. Date _ Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said-resolution-was-declared ddy-passed-and-adopted. • • 5 • DATE: TO: FROM: MEMORANDUM - CITY COUNCIL WORK SESSION March 17, 2009 Curt Boganey, City Manager Gary Eitel, Director of Business and Development tSNZ• SUBJECT: Discussion on Revising the Conditions of the Luther Company, LLLP, PUD Approval (Deferring the Recording of the PUD Agreement) COUNCIL ACTION REQUESTED: Discussion with Representatives from the Luther Auto Group on Issues Relating to Property Ownership and Scheduling of their Commercial PUD for Luther Chevrolet Dealership and the Pontiac, GMC, Buick Dealership BACKGROUND: On July 28, 2008, the City Council adopted Resolution No. 2008-80 "A Resolution Regarding the Disposition ofPlann ng Commission Application No.-2008-03 Submitted by Luther - Company, LLLP. • This PUD application provided for the redevelopment and expansion of the existing Chevrolet site (formerly Iten Chev) and the remodeling and expansion of the existing building (formerly Iten Leasing) for a new Buick, Pontiac, GMC dealership. The use of a planned unit development provided the applicant with flexibility of common access and use over multiple parcels of land without replatting of the property, a waiver of the 40 ft. rear yard setback requirement for 430168th Avenue (proposed GMC, Buick, Pontiac building), allowed a green strip encroachments for parking along I-94 in lieu of other interior landscaping, and allowed green strip encroachments for 6 display pads with pergolas or decorative railing features along Brooklyn Boulevard, 6P Avenue and I-94. Condition #13 of the Resolution requires that the applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. The applicant has indicated the willingness to execute the PUD agreement and to post financial guarantees for the improvements; however, not having complete ownership of the total property, they cannot proceed with the recording and filing of the agreement at this • time. Attached is a letter from the City Attorney which addresses the ownership issues and the potential problem areas in the event the PUD agreement is not recorded and copies staff memorandum, site and landscape plans and council resolution relating to the PUD approval. COUNCIL POLICY ISSUES: Does the overall value of the Luther PUD improvements and the financial commitments by the Luther Company LLLP provide sufficient assurances to defer the recording of the PUD agreement until such time as the Luther Company LLLP has completed ownership of all properties within the PUD? • 0 0 CHARLES L. LOEVERE Attorney at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com March 17, 2009 Mr. Gary Eitel Director of Community Development City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 Re: Luther Companies PUD Dear Gary: - The Luther Company, LLP ("Luther") has requested that the City Council amend its July 28, • 2008 approval of the PUD for Luther's property on the west side of Brooklyn Boulevard. BACKGROUND Brooklyn Center City Code, Section 35-355, subdivision 4(d) provides that: All properties to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to assure compliance with the approved Development Plan and Site Plan. One of the conditions of approval of the Luther PUD was that the applicant enter into a PUD Agreement with the City that would be filed with the title to the property and that would assure compliance with the Development Plans for the PUD. The City has always required that the owners of all property within a PUD sign a declaration of covenants that runs with the land and binds all future owners to assure that the development and use of the land will be consistent with the approved PUD Plan. The property covered by this PUD is owned by two parties. One is Luther, which owns the so- called Porter Cable site in the northwest corner of the PUD area (the "Luther Parcel"). The other is Automotive Sales and Service, Inc., which owns the remainder of the property in the PUD (the "Automotive Parcel"). Luther is a tenant under a 10-year lease on the Automotive Parcel and has an option to purchase that site at the end of the lease term. Luther has made substantial investments in the Automotive 348779vl CLLBR291-296 Gary Eitel March 17, 2009 • Page 2 of 3 Parcel, including an option payment of $600,000, and will continue to make improvements during the lease term. The value of these improvements will be lost to Luther if it does not purchase the property from Automotive. Therefore, Luther has substantial economic incentives to complete the purchase of the Automotive Parcel upon completion of the lease term. Luther advises the City that Automotive has declined to sign the declaration. Therefore, Luther has requested an amendment to the City Council's resolution of approval to allow Luther to continue with the PUD development without execution of the PUD declaration by Automotive. CONSIDERATION OF REOUEST The problem that arises if the City proceeds without execution of the declaration by Automotive, is that Automotive may, at some future time, take the Automotive Parcel back (if the lease is terminated, for example, or Luther does not exercise its option at the end of the lease term), and claim that Automotive is not bound by the PUD declaration. In many cases, a PUD plan will only work effectively if the entire property is developed and used in accordance with the integrated PUD plan. If the City Council wishes to require that this PUD not proceed without the signature of Automotive, it may deny Luther's request. However, unless Automotive changes its position and executes the declaration, denial would mean that the property upgrades proposed by Luther may not occur. In light of this fact, the Council may wish to consider Luther's request after evaluating the risks and benefits of allowing Luther to proceed without execution of the PUD declaration by Automotive. The likelihood that Luther will not acquire the Automotive Parcel is reduced by several factors. First, Luther has a substantial investment in the Automotive Parcel, and that increase as the property is upgraded by Luther. Those investments will be lost if Luther does not acquire the Automotive Parcel. Second, Luther will be executing a declaration of access and parking easements over the Luther Parcel for the benefit of the Automotive Parcel, and will lose the value of the Luther Parcel if it does not acquire the Automotive Parcel. If Luther loses its interest in the Automotive Parcel and it is reacquired by Automotive, the likelihood that the City will suffer significant harm is substantially reduced by the following factors: 1. The reason this proposed development requires a PUD is that it does not comply with two requirements of the Code for C-2 districts. The first is that the PUD plan includes an addition to a building that will not meet the setback requirements from the property line between the Luther Parcel and the Automotive Parcel. This issue can be addressed by requiring that the building addition not be constructed until after Luther (or some other party) comes into ownership of both parcels and they are platted as one lot. Luther has agreed to this condition. The second way in which the proposed development does not comply with C-2 provisions of the Code is that several display areas around the perimeter of the 348779v1 CLLBR291-296 Gary Eitel March 17, 2009 • Page 3 of 3 property have green space of less than the required 15 feet. If the parking lot is reconfigured and the landscaping is installed in accordance with the PUD development plan, and if Automotive reacquires the property and operates it as developed, it will meet. all requirements of the Code except for this green space requirement. This is essentially the only risk that the City Council would take by allowing the PUD to proceed without Automotive'_s signature on the declaration. All other requirements of the Code for C-2 Districts are met. 2. If Automotive reacquires the Automotive Parcel, it would have the benefit of the use of the Luther Parcel for access and parking in accordance with the PUD development plan. Therefore, the property could be developed and operated by Automotive in accordance with the City's expectations of the PUD. 3. If Automotive reacquires the Automotive Parcel, it can meet the requirements of the PUD by executing a declaration. This would allow Automotive to continue to use the property in accordance with the approved PUD plan, which would be a conforming use in compliance with the City's Zoning Code. If Automotive reacquired the property and was not willing to sign a declaration, it would be nonconforming and the City could refuse to issue building permits or other land- use approvals until Automotive came into compliance with the Code. 0 If you have any further questions on this matter, please feel free to give me a call. Very truly yours, Charles L. LeFevere CLL:gak • 348779v1 CLL BR291-296 • Application Filed on 6-19-08 City Council Action Should Be Taken By 8-18-08 (60D ays) Planning Commission Information Sheet Application No. 2008-003 Applicant: The Luther Company, LLLP Location: 6701 Brooklyn Boulevard,430168th Avenue North and 4315 68th Avenue North Request: Planned Unit Development Rezoning/Development Plan Approval - PUD/C-2 The applicant, The Luther Company Limited Partnership, is requesting rezoning from C-2 (Commerce) to PUDIC-2 (Planned Unit Development/Commerce) and development plan approval of three contiguous lots located on the west side of Brooklyn Boulevard between I-94 and 68x' Avenue North addressed as 6701 Brooklyn Boulevard and 4301 and 4315 68x' Avenue North. The purpose of the proposal is for the redevelopment and expansion of the existing Chevrolet site (formerly Iten Chev) and the remodeling and. expansion of an existing building (formerly Iten Leasing) for a new Buick, Pontiac, GMC (BPG) dealership. These properties are all currently zoned C-2 and are bounded on the north by 68x' Avenue; on the east by east by Brooklyn Boulevard; on the south by I-94; and on the west by the former Osseo Brooklyn School __Bus Gatage (owned byLuther) and Atlantis Pools: This proposal represents the first step in a major redevelopment by the Luther Company, for both i sides of Brooklyn Boulevard between 1-94 and 69h Avenue. See companion Planning Commission Application Nos. 2008-004 (Preliminary Plat) and 2008-005 (Planned Unit Development). BACKGROUND The Luther Company has acquired all of the land or the automobile dealership businesses in this area and is now prepared to do a major redevelopment which will include two new dealership buildings on the east side of Brooklyn Boulevard (Honda and Toyota) and the expansion and redevelopment of the existing Chevrolet dealership to accommodate an expanded Chevrolet dealership and a new Buick, Pontiac, GMC (BPG) dealership on the west side of Brooklyn Boulevard between the freeway and 68x' Avenue North (note the existing Honda dealership at the northwest corner of Brooklyn Boulevard and 68x' Avenue will be redeveloped at a future date by the Luther Company). Their plan indicates fast expanding the existing Chevrolet operation to accommodate their acquisitions of the Iten Chevrolet business and the Walser Chevrolet (Plymouth) business. Luther has an agreement to acquire the Iten property at a future date but has acquired their business only, so separate ownership of the land and business will continue for some time. They plan at this time to expand and remodel the old Iten Leasinj building (430168x` Avenue North) and consolidate the former Porter Cable property (4315 68 Avenue North) after that building is demolished to accommodate the new BPG business. BPG will be relocated from its current location at 6800 Brooklyn Boulevard and that building will then be demolished to make way for 7-17-08 Page 1 a new Honda dealership on the expanded site along the east side of Brooklyn Boulevard, Another new automobile dealership building (Toyota City) will be constructed on the east side of Brooklyn Boulevard on a reconfigured site that at one time had primarily housed Ryan Oldsmobile (6700 Brooklyn Boulevard). On two previous occasions (October 2005 and August 2006) the Luther Company had sought and received PUD rezoning and development plan approval for a two phased eyansion and redevelopment of the east side of Brooklyn Boulevard between I-94 and 69 Avenue. The then proposed expansion and redevelopment was for the Brookdale Dodge operation which currently houses Buick, Pontiac, GMC (6800 Brooklyn Boulevard and 4215 69a' Avenue North). The second phase was the demolition of the old Ryan Olds building (6700 Brooklyn Boulevard) with a temporary car•storage facility and a future new automobile dealership. Luther accomplished parts of this plan when the building at 4215 69& Avenue North was demolished as was the old Ryan Olds Building and the storage facility was established. Other opportunities availed themselves to Luther and they have settled on the current plan represented by Planning Commission Application Nos. 2008-003,004 and 005. The finalization of the Planned Unit Development proposals will be needed to accomplish their redevelop plans (see the June 19, 2008 Letter of Application and PUD justification from Linda McGinty, Director or Real Estate and Development on behalf of the Luther Company, attached). The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned redevelopment of the west side under Planning Commission Application No. 2008-003. The • PUD is needed to allow for the flexibility of common access and use over multiple parcels of land without the replatting of the property. As mentioned above, the Luther Company owns the property at 4315 68'' Avenue North (the former Porter Cable property) and has acquired the Chevrolet dealership business from Iten Chevrolet (formerly operated out of 430168` Avenue North and 6701 Brooklyn Boulevard). The ownership of the Iten property is still Iten Chevrolet with Luther having an agreement to acquire the property in the future. City ordinances require that property under common ownership and common use be combined through platting or registered land survey into a single parcel. They propose common use but ownership of all the property will not be conveyed to Luther until sometime in the future. A PUD rezoning and redevelopment plan approval will be necessary to accommodate the plans proposed by Luther. When ownership of the property is obtained, Luther will be required to replat the property to conform with city ordinances. In the meantime, they can function with appropriately approved and executed agreements that for all practical purposes negate property line divisions. They also need to proceed under a Planned Unit Development to waive the 40 ft. rear yard setback requirement for 430168` Avenue North and to allow green strip encroachments for parkin along I-94 and display pads with pergolas or railing features along Brooklyn Boulevard, 68 Avenue and I-94. The rear yard setback requirement for 430168 Avenue North would disappear if the property were replatted into a single lot which would then be considered a corner lot with no rear yard setback at all. This is how it will function and under the Planned Unit Development is an acceptable situation. 7-17-08 Page 2 As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (C-2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems and issues. Regulations and uses governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow the waiving of the rear yard setback for the PBG building as well as various encroachments on the 15 ft. green strips along 580` Avenue, Brooklyn Boulevard and the 1-94 right of way. Also, potential waivers from the platting requirements that should require the-multiple parcels to be combined into a single parcel of land. Their plan for offsetting these aspects of the plan include the fact that with replatting a single lot would be created which would be a corner lot, not requiring any rear yard setback for buildings. As the plans will indicate, the encroachments allowed into the 15 ft. green strip requirements appear to be offset by the decorative nature of the display pads with pergolas or railings highlighting these features. With respect to parking encroachment along the I-94 right of way, the lack of a 15 ft. green strip will hardly be noticeable given the amount of excess right of way, a fence in this area and the elevation of the on ramp from Brooklyn Boulevard to 1-94. - - - The Planning Commission's attention is directed to Section 35-355 of the City's Zoning Ordinance which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The Policy and Review Guidelines are attached for the Commission's review. The applicant has submitted a written narrative describing their proposal and has made some general comments relative to how they believe their proposal has a positive impact and can be considered consistent with the policy and review guidelines. As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that rezoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. As noted previously, the Luther Company has submitted previously two proposals for Planned Unit Developments in this area which have been considered and approved by the City Council based on a review and evaluation of the Policy and Review Guidelines contained in Section 35-208. We do not believe it is necessary to go point by point through this • 7-17-08 Page 3 evaluation process again as we believe this proposal to be consistent with the past Planned Unit Development requests and is consistent with the Policy and Review Guidelines. The current zoning of the property is C-2 (Commerce) which allows automobile dealerships as special uses in this zoning district. Special Use Permits have been granted for both the east and west sides of Brooklyn Boulevard in this area for automobile dealerships and automobile dealerships involving service and repair, retail sales and associated parking and_ storage of new and_ used motor vehicles have been a use of the property for well over 40 years. Expansion and redevelopment of these types of uses certainly appears to be appropriate given the nature of the zoning districts in this area. The Comprehensive Plan acknowledges commercial retail uses in this area and the proposed redevelopment by Luther can be considered to be consistent with the City's Comprehensive Plan for this area. The guidelines generally ask if there is a clear and public need or benefit; is the proposed rezoning zoning consistent and compatible with surrounding land use classifications; can all permitted uses in the district be contemplated for development; will the subject property bear fully the ordinance development restrictions for the proposed district; is the proposal in the best interest of the community; and does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel. The applicant notes that their proposal will be a complete overhaul and addition to the west side of Brooklyn Boulevard and will contain various upgrades to the property which they believe will allow for a safer, logical flow of traffic on the site and bring it into compliance with current city and code requirements. We would concur that the proposal does indeed meet the Evaluation Policy and Review Guidelines in that it is compatible with the standards, purposes and intent of the Planned Unit • Development section of the zoning ordinance. The proposal allows for the utilization of land in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those that are permitted on surrounding property. It is considered a reasonable use of the property and it will conform with ordinance requirements except for the appropriate waivers to the various requirements as outlined in the development plan. It can be considered consistent with the recommendations of the City's Comprehensive Plan and it appears to be a good long range use of the existing land and that development can be considered an asset to the community and further can be considered to be in the best interest of the City. SITE AND BUILDING PLAN PROPOSAL As mentioned previously, the applicant is proposing under this PUD application to expand the Chevrolet dealership at well as to modify the building at 430168' Avenue North to accommodate a new BPG showroom and service center. All barriers between these sites will be removed and there will be a free flow of traffic between the two buildings and parking will be such to accommodate each of the buildings needs as well as common access throughout the site. The site will be completely upgraded to include new paving, curb and gutter, site utilities, lighting, landscaping, and removal of overhead utility lines where possible. Once the BPG facility has been relocated from its current location at 6800 Brooklyn Boulevard, the second phase or the east side Planned Unit Development will proceed. ACCESS/PARKING There will be three access points to this consolidated site. One along Brooklyn Boulevard will be 7-17-08 Page 4 • relocated approximately 50 ft. to the north. The applicant has reviewed this plan with Hennepin County, the road authority. The proposal is acceptable to Hennepin County and they note that the greater distance from the 194 ramp is a benefit and they also believe the closing of the existing access on 68tb Avenue near Brooklyn Boulevard will enhance traffic operations in the area. There will be two access points along 68* Avenue, an existing access just westerly of the existing building and a shared access with the Atlantis Pool site at the westerly portion of the property. As mentioned, an existing access close the intersection of 6e Avenue and Brooklyn Boulevard will be closed which is considered an improvement to the existing situation. Access and circulation throughout the site will not be hindered by physical barriers. The site will act as a single site as if it were platted that way. Appropriate cross access agreements will be necessary to allow for the free flow of traffic that is planned Parking for the site is based on a combination of parking formulas. The retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the building; the office parking formula of one space for every 200 sq. ft. gross floor area for the office/service portions of the building; one space for every service bay and one space for every service bay employee for the service garage areas; one space for every 800 sq. ft. gross floor area for strictly storage areas; and two parking spaces for service vehicles for each of the two buildings. Required parking for the BPG site based on these formulas is 88 parking stalls, a total of 123 parking spaces' is provided on what is considered the site for the BPG operation which includes the old Iten Leasing building and the Porter Cable site. The parking requirement for the Chevrolet building which includes display, service, and service bays is 398 stalls, a total of 636 parking spaces are provided on the Chevrolet site. A significant amount of display parking will be available above and beyond the required parking for both the BPG operation and the Chevrolet operation. As mentioned previously, the applicant is requesting modification to the City Ordinances to be allowed to provide decorative display areas at certain locations along Brooklyn Boulevard, 68`' Avenue North and one along the I-94 right of way. In addition, they are requesting to be allowed to park closer to the 1-94 right of way than the 15 ft. typically required This would establish an approximate 5 ft. green strip where none currently exists. This appears to be appropriate given the distance between the property line and the I-94 ramp and the, elevation in this area. The display areas as shown on the plans are decorative display pads containing in some cases 'a pergola and fence area and in others a fenced or railing area for display purposes. The display with railings would be on either side of the entrance off Brooklyn Boulevard and either side of the entrance off 680' Avenue and a similar display area would be along 1-94. The display pad with pergola and fencing would be at the southwest corner of Brooklyn Boulevard and 68& Avenue North. Given the attractiveness of these display areas and the fact that new 15 ft. green strips are being established along Brooklyn Boulevard and in a larger landscape area at the southeast corner of the site, the applicant's plans appear to be appropriate and should be considered acceptable. Continuation of these display arras should be dependent on proper maintenance and should only be allowed to be modified or eliminated with the concurrence of the City of Brooklyn Center. 7-17-08 Page 5 • GRADING/DRAINAG ' The applicant has provided preliminary grading, drainage, utility and erosion control plans, which are being reviewed by the Director of Public Works/City Engineer. His comments relative to these items are attached for the Commission's review. The Porter Cable building at 4315 68 h Avenue North will be demolished and a note on the demolition plan indicates that existing sanitary sewer and water lines will be capped at the property line. In situations such as this where buildings are being removed, normally service lines are disconnected at the main. It is anticipated that this will be a recommendation of the City Engineer in this case as well. The preliminary grading and drainage plan indicates B-412 curb and gutter throughout the site. The ordinance requires B-612 curb and gutter or an approved alternate by the City Engineer. When reviewing past Planned Unit Developments for the Luther proposals, the City Engineer had indicated that the B-412 curb and gutter might be acceptable in certain areas where no water would be conveyed It is not anticipated that the City Engineer would approve the B-412 curb and gutter (which is a 4 inch high curb and 12 inch gutter) throughout the entire site as is being proposed. Approval of the curb and gutter plan is subject to approval by the City Engineer. The existing buildings are currently served by sewer and water and an evaluation of the drainage plan is being undertaken by the City Engineer as well. A bio infiltration facility is planned to the west of the BPG facility. The drainage and water run-off plans are subject to the Shingle Creek Watershed Management Commission review and approval. It should be pointed out that all parldng and storage of vehicles must be-on improved hard surface areas of bituminous-or.... concrete. No vehicle parking or storage may be in landscaped areas other than the approved display areas and improved surfaces in areas must be provided • LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. They have divided the site into two lots which they label as Lot D which is 2.15 acres in area and is the BPG site essentially. The other lot is labeled as Lot C and is 8.55 acres in area and is essentially the Chevrolet site. The BPG site requires 172 landscape points and the applicants propose to provide 205 points with a variety of shade trees, coniferous trees, decorative trees and shrubs. Five of the shade trees will be found along the 68a` Avenue North green strip and are Red Mound Linden. An additional Red Mount Linden and two Cut Leave Weeping Birch will be found by the Bio Infiltration facility. Five Austrian Pine and two Prairie Fire Crabapple will also be found in the green strip area along 6e Avenue. Six coniferous trees including five Colorado Spruce and one Austrian Pine will be around the Bio Infiltration facility. Shrubs such as Dwarf Arctic Blue Willow, Isanti Dogwood and Yellow Twig Dogwood will be in this rain garden area. Foundation shrubs including Russian Cypress, Niagara Yew, and Blue Chip Juniper are included and Cardinal Red Dogwood, Dwarf European Cranberry Bush and Neon Flash Spirea are included around the perimeter of the display areas. Nineteen Redmond Linden are to be found around the green strips along 68 h, Brooklyn Boulevard and in an island planting area west of the Chevrolet building. Thirty-seven Austrian Pine and Colorado Spruce are provided primarily in the western portion of the Chevrolet site in 7-17-08 Page 6 • green strips and in the planting area west of the building. An island planting area containing Austrian Pine, Colorado Spruce as well as shrubs are in a planting area to the south of the building between the building and 1-94. The landscape plan exceeds the point system for both of these lots and is considered acceptable. BUIMNG The applicant has submitted building elevations and floor plans for the proposed building additions. The Chevrolet building will be primarily 4 ft. precast panels and EMS reveals along the four sides of the building. Storefront windows will be provided along the east elevation (Brooklyn Boulevard) and the easterly portion of the south elevation and the northeast comer of the building where a building addition is being made. Service doors will be provided along the Brooklyn Boulevard portion of the site as well as at the west end of the building. The BPG building will be of similar building material with the east elevation facing Brooklyn Boulevard being considered the front of the building. The north elevation and west elevation will contain storefront windows as well. Service doors will be found on the east and west elevations for the service write up area and service doors for service bays will be located along the south wall of the building as well. LIGE TINGfIRASH The applicant has k6ffiittedalighting plan indicating proposed foot-candles for lighting on the site that appear to be consistent with Section 35-712 of the city ordinances. Twenty four foot high light poles are provided around the entire site and in island areas and curb protected areas throughout the two sites. City ordinances require that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way and that it be consistent with the standards that are noted above. The site will be well lit and the applicant will be responsible to avoid glare off the site. A trash enclosure is provided in the center of the site, apparently to provide for both buildings. No details are provided; however, the structure should be a masonry unit with sides high enough to screen any trash containers from view and should include solid opaque gates to completely screen the trash containers on the site. PROCEDURE State Statutes require the City to respond to zoning applications within a 60 day time limit from the day a properly submitted application has been filed with the City. This application was filed on June 19, 2008 and City Council action should be taken by August 18, 2008. Due to zoning requirements for notice and publication, the application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins on the date the application is accepted. 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V 0 ry, V 141 r" i v ~ r , , + 4'tit m Li t r r } t 1 tt,,, /r I A~ ION, 6 _ I 1 4 - Ad r • Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2008-80 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY THE LUTHER COMPANY LLLP WHEREAS, Planning Commission Application No. 2008-003 submitted by the Luther Company LLLP proposes rezoning from C-2 (Commerce) to PUDIC-2 (Planned Unit Development/Commerce) of three contiguous lots located on the west side of Brooklyn Boulevard between I-94 and 68th Avenue North and addressed as 6701 Brooklyn Boulevard, 4301 68th Avenue North and 4315 68P Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above property and development plan approval for the redevelopment and expansion of the existing Chevrolet building and the remodeling and expansion of an existing building for a new Buick, Pontiac, GMC dealership; and WHEREAS, the Planning Commission held a duly called public hearing on July 17, 2008 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2008-003 by adopting Planning Commission Resolution No. 2008-02 on July 17, 2008; and WHEREAS, the City Council considered Application No. 2008-003 at its July 28, 2008 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008-003 submitted by the Luther Company LLLP be approved based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 0 • RESOLUTION NO. 2008-80 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a waiver of the 40 ft. rear yard setback requirement for 4301 68 h Avenue North and to allow green strip encroachments for parking along I-94 and display pads with pergolas or railings along Brooklyn Boulevard, 68th Avenue and I-94 and to allow the three properties under different ownership to be utilized as a single parcel of land without the benefit of replatting the property into a single lot. These modifications from the Zoning Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. • 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008-003 be approved subject to the following conditions and considerations: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage, utility and ero sion 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 building permits to assure completion of all required site improvements. 0 • RESOLUTION NO. 2008-80 4. B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may authorize a lesser standard such as B412 curb and gutter in non-drainage areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building and building additions shall be equipped with automatic fire extinguishing systems to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. • 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14. Appropriate cross access and parking agreements, as approved by the City Attorney shall be executed and filed with the titles to the property allowing access between 6701 Brooklyn Boulevard, 4301 6e Avenue North and 4315 W' Avenue North prior to the issuance of building permits for this project. RESOLUTION NO. 2008-80 15. The applicant shall receive approval from the Shingle Creek Watershed Management Commission for their watershed management plans prior to the issuance of building permits for this project. 16. Modifications to allow green strip encroachments for decorative display pads, pergolas and fencing as indicated on the approved plans are considered to be acceptable provided they are properly maintained, do no cause clear view visibility impediments and can be modified, changed or eliminated only with the approval of the City of Brooklyn Center. 17. The owner shall replat the property in accordance with Section 35-540 once common ownership of the lots is attained. 18. There shall be no outdoor paging, announcing, or other amplified voice or music on the site.' July 28. 2008 Date Mayor ATTEST: , City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Ray Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. 0 • To: The City of Brooklyn Center City Council From: Linda McGinty, Luther Automotive Group Date: March 18, 2009 Re: Update of Brooklyn Boulevard West Side Projects The Luther Automotive Group submitted a request for and was granted a PUD for development of three contiguous lots located on the west side of Brooklyn Boulevard between I-694 and 68th Avenue North in July, 2008. The project consisted of a remodel and expansion of Brookdale Chevrolet, remodel of the smaller building at 4701 68`h Avenue for the new location of Brookdale Buick, Pontiac, GMC and redevelopment of the entire site which included a significant upgrade to lighting, burying utilities, new pavement, landscaping, moving a curb cut and eliminating a curb cut, decorative display pads at entrances, curb and gutter and runoff control. We originally planned tobegin -this-project -last fall;-but it was delayed because-of-the- - - economic uncertainty. Despite the continued uncertain economy, The Luther Automotive Group is planning to move forward with the approved project, but with some minor • adjustments. The remodel of the smaller building for Brookdale Buick, Pontiac, GMC is currently underway and is slated to be finished by June 30, 2009. The Chevrolet building remodel has been scaled back somewhat in scope-an earlier planned showroom expansion was eliminated to keep costs in line. The remodel will still result in a new exterior building front, showroom remodel, exterior upgrades and carwash addition. We plan to begin this remodel around April 15 with a completion planned for early August, 2009. Original cost estimates for the extensive site work outlined in the PUD Development have proven to be overly optimistic. The real costs have forced The Luther Automotive Group to reevaluate this aspect of the project. Working with the guidance of the Brooklyn Center City Staff, the site work is now planned to be completed in two phases. The first phase, scheduled to begin May, 2009, will consist of all work east of a line drawn north to south from the second entrance off 68`h Avenue. As contemplated by the Development Agreement with The City of Brooklyn Center, we intend to complete the second phase within 2 years after the first phase. The Luther Automotive Group is grateful to the City of Brooklyn Center for its patience and flexibility in connection with this project, especially in light of these uncertain economic times. • • • i u-a.. .,ate, I+gwr« ,s Y.~.. 1~1 ,=h~l.... iswcw Iml r..•.a .w. I MUM I ,o ai I Ywx/uu / awwt/ ne ~ 1...~ • i a/M AYLXVL X.XTX a.'!A' ~np'r, o. ,eve BUICK PONTIAC Nk, I f3MC y LOT 'O' I ,1p/aF. ti z.+5 Ac I FIIIRMB(M40..i t g LOT 'c' ~1 y AC + 8 LOT 'C' 8.55 AC 0 r (f t + t~.~ ~C" CHEVROLET I: f a . J LOT 'c' 5.55 AC y~ • BAS L.t6er' B=W. cb...) t L.tEeT - F"d" a Belak MWX CMC wt w Xw...n.u wu.ra.r..X • band M.roh 10. 10. 2009 OM Q~ yr- 9- ! C,lltr..,.a.ls o m eo • E gg gg 9 s~s~ t t k ° t ~ ~1 E~ t i Vs kt tit 1 }g L tk F ~s 3 E 9 I F tEt 11, it t ~ t 9 ` t 4 %it lie, 1111 t{ { _ tit, • t' el- s ? ° x = 7 y ` t y b i Rt E4 •Y k •S 4; FS • t t fG 4 S 6 F ~ ~s`II33 ~ ; [ ~x 3 i 5t t . {G y pg1 a 4 E• . E Y t 8E y . {r ~1 { jj{ { 24 d C t ;e t s ~ 4 4 'tt• ~ ~ I i'y~ e gm 5t 5 L m a 4Li {t~ ~ ~~j }K}t e ►1i ~ Itf j111~t IJ s • t~ •O i9 ~t ~ E i• i ~ s. ~ 4 2F lay E i ' • wLq y5& 4 45 ~ ~ :i4 s 4`Ii3 5 E ! g¢ 11 ~'L ~1E 1 aq1 &I°#I's 'A t q p 4 $ li~ 'I Vill *1 s5$t 5§~ 1 q5 ~i 4 1 sy~, 7 ~ ~6A ~~y ~ 1 ~ { " 1 a4 ~ S41 ~ I 1,11•~ 4 e 2 a 1q ! iti4 i }~a a t a , 1 g , { (g g~4q 5y i~ 9 4 '4 i lig~: %11W1'1 3. S ~ e ~ l{ i ~i ~ ~41 ° Lp5 3y F}p} ; -yto,,,.r4y . ~ - ~1 ~ ~ + 4''{ t~' 1 41 . b qi it 4$ 4114 i of f _ 5 c L L 1 ` _1. i t a { si °it C 'A eY f r 74 ,P g s ' 0 N 5 L BA Brookdale Buick BAKER ASSOCIATES, INC. ARC Pontiac GN ARCHI TECTS 4101 68th A- N 150 S Fifth Street, Suite 1425 Tel: 612.330.6601 Brooklyn Center. MN 55429 Minneeoolis. MN 66402-1200 Fax: 612.330.6668 Sheet Number Sheet THle: Exterior Elevation Scale: Not to Scale A-201 Date: 19 March 2009 Comm No: 2458 - 2a,9 BA~'ER ASSOCIATES, INC. 4D ~L Q Brookdale Chevrolet l ~ J (l r~ - 6791 Brooklyn BI d Q ARCHITECTS ~ 15Frith Street, Suite 1425 Tel: 612.339.8601 N Brooklyn Center, MN 55429 .2-u. MN -n9.r9rY1 P.- nl9 AAn R st Sheet Number Sheet Title: Exterior Elevation, Scale: Not to Scale. A-201 Date: IS March 2Om9 Comm No: 2413 *2009 City Council Agenda Item No- 7a • 0 • 0 The-re are no materials f °'r this iteMe City Council Agenda Item No. 7b • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: . Steven Lillehaug, Director of Public Works 50"- DATE: April 1, 2009 SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Seventeenth Consecutive Year, and Proclamation Declaring April 24, 2009 Arbor Day and May 2009 Arbor Month in Brooklyn Center Recommendation: Staff recommends that the City Council adopt a resolution recognizing Brooklyn Center as a Tree City USA and approve a proclamation declaring Arbor Day and Arbor Month in Brooklyn Center. Background: For each of the past seventeen years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Foundation. This national award recognizes communities with effective community forestry programs. The City's forestry program includes the following: • Care for and planting of park and boulevard trees. • Diseased and nuisance tree removal program. • Mandatory tree contractor registrations requiring certain minimums of liability insurance. • Boulevard tree planting permits requiring proper placement of tree and selection of tree species. • A tree ordinance specifying proper standards of care for all trees. • An Arbor Day and Month program which travels between elementary schools in Brooklyn Center providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees. Earle Brown Elementary School has indicated interest in participating in the 2009 Arbor Month celebration at Grandview Park in May this year. Budget Issues: The Sons of the American Legion have indicated they wish to provide a $200.00 contribution to cover the expenses for the Arbor Day event. Funding requirements for other event supplies is expected to be less than $150 and is included in the 2009 Budget under the Public Works Park Division operating budget. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE SEVENTEENTH CONSECUTIVE YEAR WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the Department of Natural Resources Forestry Division has recommended that the City of Brooklyn Center be designated as a Tree City USA in recognition of 2008 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Council hereby recognizes and accepts the designation of Tree City USA for the seventeenth consecutive year on behalf of the residents of Brooklyn Center. 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue its reforestation efforts. 3. The Council commends Brooklyn Center residents and staff for their work in maintaining and enhancing Brooklyn Center's urban forest. April 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. 0 • PROCLAMATION DECLARING APRIL 24, 2009 ARBOR DAY AND MAY 2009 ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and WHEREAS, People can contribute to the environmental stewardship of our community by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and • WHEREAS, The City of Brooklyn Center desires to continue its tree management efforts. 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 April 24, 2009, Arbor Day and May 2009 as Arbor Month in the City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to support our city's communityforestry program. April 13. 2009 Date Mayor Council Members ATTEST.• 0 City Clerk City Council Agenda Item NO• Ic • 0 COUNCIL ITEM MEMORANDUM 0 TO: • Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works DATE: April 2, 2009 SUBJECT: Proclamation Declaring April 18-25, 2009 as the Great Shingle Creek Watershed Cleanup Week Proclamation Declaring April 22, 2009 as Earth Day in Brooklyn Center Recommendation: Staff recommends that the City Council adopt a proclamation declaring April 18-25, 2009 as the Great Shingle Creek Watershed Cleanup Week and a proclamation declaring April 22, 2009 as Earth Day in Brooklyn Center. Background: Brooklyn Center and five other cities that make up the Shingle Creek Watershed will celebrate Earth Day 2009 with the 8t' annual "Great Shingle Creek Watershed Cleanup". • Beginning Saturday, April 18 through Saturday, April 25, hundreds of volunteers from Plymouth to the Mississippi River will line the banks of Shingle Creek, as well as city parks, trails and streets, picking up everything from pop cans and auto parts to building materials and household appliances. The "Great Shingle Creek Watershed Cleanup" meets one of the public involvement and participation requirements of the federally mandated National Pollutant Discharge Elimination System (NPDES) permit for Brooklyn Center. The event not only educates people that trash or other contaminants in the streets, parks, and shorelines eventually end up in our lakes, rivers and streams but also provides opportunities for the public to become involved in the protection of water quality. Watershed Commissioner Della Young is scheduled to give a brief presentation of the event. Many of the 33 groups affiliated with the Brooklyn Center Adopt-a-Park/Trail/Street program will concentrate on a cleanup of their assigned sites during the week. Groups and individuals not already connected with a park, trail or street will be assigned to a nearby park, creek, open space or parkway to pick up trash and debris. On Saturday, April 25, Brooklyn Center City officials, commissioners and employees will be distributing trash bags and cotton gloves as well as coffee, juice and pastries at the Brooklyn Center Community Center to kick off the official clean up. More than 300 volunteers are expected to participate in the week-long event. • Council Proclamations for Great Shingle Creek Watershed Cleanup and Earth Day Cih- of Brooklyn Center- The following proclamations are included for Council consideration: • Proclamation declaring April 18-25, 2009 as The Great Shingle Creek Watershed Cleanup Proclamation declaring April 22, 2009 as Earth Day in Brooklyn Center. Budget Issues: The Sons of the American Legion have indicated they wish to provide a $200.00 contribution to cover the food and beverage expenses for the Great Shingle Creek Watershed event. Funding requirements for other event supplies is expected to be less than $150 and is included in the 2009 Budget under the Public Works Park Division operating budget. • • Council Proclamations for Great Shingle Creek Watershed Cleanup and Earth Day City of Brooklyn Center • PROCLAMATION DECLARING APRIL 18-25, 2009 TO BE THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK is WHEREAS, the City of Brooklyn Center is dedicated to preserving and protecting the water resources in our watersheds; and WHEREAS, litter and trash can be washed into our lakes, rivers, and streams, polluting the water and clogging the City's storm water drainage system; and WHEREAS, citizens can take an active role in protecting water resources by picking up litter and trash and keeping our streets, parks, neighborhoods, and community clean; and WHEREAS, the Shingle Creek and West Mississippi Watershed Management Commissions' annual event "The Great Shingle Creek Watershed Cleanup" will take place April 18-25, 2009. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BR 0 OKL YN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: 1. April 18-25, 2009 to be The Great Shingle Creek Watershed Cleanup Week. 2. The City Council hereby reaffirms its commitment to protecting and preserving our water resources and encourages residents, businesses, and institutions to use The Great Shingle Creek Watershed Cleanup Week 2009 to help prevent water pollution and preserve our watersheds by participating in a Cleanup Event or by using this time to pick up trash and clean up our homes, businesses, streets, neighborhoods, and community. April 13. 2009 Date Mayor Council Members ATTEST.- . City Clerk 0 PROCLAMATION DECLARING APRIL 22, 2009 EARTH DAYIN BROOKLYN CENTER WHEREAS, a sound natural environment is the foundation of a health society and a robust economy; and WHEREAS, local communities can do much to reverse environmental degradation and contribute to building a healthy society by addressing such issues as energy use, waste prevention, and sustainable practices; and WHEREAS, Earth Day 2009 offers an unprecedented opportunity to commit to building a healthy planet and flourishing communities. 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: 1. April 22, 2009 is Earth Day in Brooklyn Center. 2. The City of Brooklyn Center commits itself to undertaking programs and projects that enhance the community's natural environment. 3. The City Council hereby reaffirms its commitment and encourages residents, businesses, and institutions to use Earth Day 2009 to celebrate the Earth and to commit to building a sustainable society by initiating or expanding existing programs which improve energy efficiency, reduce or prevent waste, and promote recycling. April 13, 2009 Date Mayor Council Members ATTEST.- City Clerk • ouncil Age°da Item NO• 8a City C • 0 • • • COUNCIL ITEM MEMORANDUM To: Curt Boganey, City Manager From: Vickie Schleuning,lAssistant City Manager/Director of Building and Community Standards Date: April 8, 2009 Subject: Public Hearings on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs and Abatement Removal Costs Recommendation: Staff recommends that the City Council conduct the subject public hearings and consider approval of the attached resolutions certifying special assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs and Abatement Removal Costs. Background: Three public hearings are scheduled for April 13, 2009 to consider certification of proposed special assessments. The Council called for a March 9, 2009 public hearing at its February 9, 2009 meeting. The March 9, 2009 public hearing was continued until April 13, 2009. All potentially affected property owners have been notified by certified mail of the date of the public hearing and the amount of the proposed special assessments. A brief summary of activities is attached for the properties where a person requested the portion of city costs for the nuisance abatement not be charged or specially assessed to the property. At this time, no additional appeals have been made to city staff since the March 9 Council meeting, while some payments have been made. These properties have been removed from the list of pending special assessments. The following is a brief summary of the minimum process involved in city-facilitated abatements. • A written compliance notice is provided to the owner of record. In addition to notifying the owner of record, in certain cases, properties may be posted or other responsible parties may be notified. • A follow up inspection is conducted to verify compliance. • If compliance is not achieved, the city will take corrective actions to remove the public nuisance or hazard. • The City bills the owner of record for the portion of costs the city has incurred directly related to the abatement action. (For 2009, service charges will apply to help recover city costs associated with the entire abatement process- inspections, notifications, invoicing, administrative systems, etc.) • The direct costs of the abatement are recorded as pending special assessments and this information is available to the public. When a property is sold, agencies or parties often conduct property searches to determine the pending and levied special assessment amounts. Recommended Council Procedure Staff recommends that the City Council conduct the hearings concurrently. The attached resolutions certifying the assessments to the Hennepin County tax rolls are provided for Council. consideration upon closing of the public hearings. If any additional property owners file an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed within district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following options: 1. Pay the entire amount of the special assessment, without interest, between April 13 and May 13, 2009. 2. From May 14 through November 25, 2009, the property owner may pay the total assessment, with 6.0 percent interest calculated from May 14, 2009 to the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2010. The total principal will be payable in annual installments for the period stated on the levy roll and as indicated below. Interest of 6.0 percent is accrued on the unpaid balance. Diseased Tree Removal Costs Five Years Delinquent Weed Removal Costs One Year Delinquent Abatement Removal Costs One Year Partial prepayments (such as paying half now and certifying the balance) are not allowed under current assessment policy. Budget Issues: The levy roll for delinquent weed removal costs totals $24,047.64. The levy roll for diseased tree removal totals $19,110.05. The levy roll for delinquent abatement removal costs totals $3,313.00. Attachment: Resolutions- Weeds and Tall Grass Diseased Tree Removal Public Nuisances Property History Information for Special Assessments Appeals List of Levied Properties • 0 Resolution- Weeds and Tall Grass Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on properties within the City under the authority of Minnesota Statutes Section 18.78, City Ordinance Section 19-1601 through 19-1604 and in accordance with Minnesota Statutes 429; and WHEREAS, ON March 9, 2009, certain weed destruction accounts for removal of said weeds and tall grass remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2008, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where an unpaid weed destruction account is to be assessed, with the amounts to be assessed; and WHEREAS Minnesota State Statute authorizes the certification of delinquent weed destruction accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of unpaid weed destruction accounts incurred during the year 2008 is hereby adopted and certified as Levy No. 17348. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2010, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from May 14, 2009 through December 31, 2009. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before May 13, 2009. After May 13, 2009, he or she may pay the total special assessment, plus interest. Interest will accumulate from May 14, 2009, through the date of payment. Such payment must be made by the close of business November 25, 2009 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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: whereon said resolution was declared duly passed and adopted. 9 A d d S i l A O men e pec a ssessme n rtified Roll (Grass/W eeds) 2008 Weed Destruction Printed April 13, 2009 Municipal Code No. 22 Levy Runs One Year Capital Special Total LLe y No • Owner Name(s) Pro er Ad dress Property ID Pending A Interest C Assessment Amount 17348 Matthew Yackel _ 5912 Camden Ave N 01-118-21-12-0019 moun 131.79 harge 10.00 Ch _rg 30.00 C rtifi d 171.79 17348 Michelle Nelson 5926 Camden Ave N 01-118-21-12-0021 119.81 10.00 30.00 159 81 Barry Nelson . Esther Nelson 17348 Wells Fargo Bank NA MERS INC 6007 Lyndale Ave N 01-118-21-12-0033 255.76 10.00 30.00 295.76 17348 Wells Fargo Bank N A Trst 631 58th Ave N 01-118-21-13-0009 100.00 10.00 30.00 140.00 17348 Rodolfo Cordova 5916 Aldrich Ave N 01-118-21-21-0028 119.81 10.00 30.00 159 81 Victor Guerra . 17348 Naudeanne St Hilaire 5901 Bryant Ave N 01-118-21-21-0120 143.78 10.00 30.00 183 78 Michael St Hilaire . 17348 Angel Guerrero 5901 Dupont Ave N 01-118-21-22-0008 100.00 10.00 30.00 140.00 17348 Midland Mortgage Co Midfirst Bank 6007 Fremont Ave N 01-118-21-22-0067 219.81 10.00 30.00 259.81 17348 Ms Cheetarah 5807 Emerson Ave N 01-118-21-23-0075 219.81 10.00 30.00 259.81 17348 Federal Natl Mtge Assoc 5748 Humboldt Ave N 01-118-21-23-0085 119.81 10.00 30.00 159.81 17348 Chelsee Florence 5524 Dupont Ave N 01-118-21-31-0079 119.81 10.00 30.00 159.81 17348 Selfless Service Inc. 910 55th Ave N 01-118-21-31-0117 143.78 10.00 30.00 183.78 17348 Thomas Reed 5543 Dupont Ave N 01-118-21-32-0080 219.81 10.00 30.00 259.81 17348 Mohamed Mohamed 5508 Fremont Ave N 01-118-21-32-0101 119.81 10.00 30.00 159.81 17348 MN Housing Finance Agency 5409 Fremont Ave N 01418-21-33-0039 363.59 10.00 30.00 403.59 17348 HSBC MTG SERVICES INC 5433 Dupont Ave N 01-118-21-33-0077 207.83 10.00 30.00 247.83 17348 Federal Natl Mtge Assoc 5427 Dupont Ave N 01-118-21-33-0078 327.64 10.00 30.00 367.64 17348 Aurora Loan Services MERS INC 5415 Fremont Ave N 01-118-21-33-0162 119.81 10.00 30.00 159.81 17348 Houmpheng Bounsavath 5438 Dupont Ave N 01118-21-34-0109 203.68 10.00 30.00 243.68 17348 Kim Julin 5815 Humboldt Ave N 02-118-21-14-0065 143.78 10.00 30.00 183 78 Chester Julin . 17348 Countrywide Homeloan Bank of New York 5900 Xerxes Ave N 02-118-21-22-0026 375.57 10.00 30.00 415.57 17348 The Broadway Group LLC 5601 Logan Ave N 02-118-21-42-0120 487.55 10.00 '30.00 527.55 17348 Jack Boniface 5331 Morgan Ave N 02-118-21-43-0060 219.81 10.00 30.00 259.81 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 1 of 5 Amended Special AssessmenOrtified Roll (Grass/Weeds) • 2008 Weed Destruction Printed April 13, 2009 Municipal Code No. 22 Lely No. 17348 Owner Name(s) Roy Williams Dawnielle Williams 17348 Quantum Serv Corp MERS INC 17348 Singular Develpment Resources 17348 Mouniratou Segbaya 17348 Realworld Development LLC 17348 Mai Vang Ge Yang 17348 Indra Goberdhan 17348 Cantlin Lake Properties LLC 17348 Kathleen Tully 17348 Amy Vang Kahi Vang 17348 Ernest Luckett 17348 Countrywide Homeloan Deutsche Bank Ntl Tr Co Trst 17348 Wells Fargo Bank NA MERS, INC 17348 Tory Thelen 17348 Ahavel Scherz 17348 Wilshire Credit Corp Lasalle Bank N A Trs 17348 Paul Baird Margaret Baird 17348 GMAC Mortgage LLC MERS INC 17348 Ulyssess Boyd B Lorre Boyd 17348 Lasalle Bank NA Trustee 17348 Patrick Lyons 17348 Accredited Home Lenders Inc 17348 Virginia Parlin Levy Runs One Year Pending Capital Interest Special Assessment Total Amount Property Address 5300 Logan Ave N Proper ID 02-118-21-44-0071 Amount 119.81 Cha rte 10.00 Charge 30.00 Certified 159.81 5350 James Ave N 02-118-21-44-0111 119.81 10.00 30.00 159.81 5424 James Ave N 02-118-21-44-0123 100.00 10.00 30.00 140.00 5924 Beard Ave N 03-118-21-11-0071 95.85 10.00 30.00 135.85 5949 Xerxes Ave N 03-118-21-11-0111 95.85 10.00 30.00 135.85 5925 Ewing Ave N 03-118-21-12-0060 131.79 10.00 30.00 171.79 5801 Drew Ave N 03-118-21-13-0029 119.81 10.00 30.00 159.81 5931 Halifax Ave N 03-j 18-21-21-0093 100.00 10.00 30.00 140.00 42016 1 st Ave N 03-118-21-21-0120 243.78 10.00 30.00 283.78 3813 France PI 03-118-21-24-0043 219.81 10.00 30.00 259.81 5601 Halifax Ave N 03-118-21-31-0003 107.83 10.00 30.00 147.83 3819 Burquest La 03-118-21-31-0039 100.00 10.00 30.00 140.00 3825 Burquest La 03-118-21-31-0040 131.79 10.00 30.00 171.79 5530 Halifax Ave N 03-118-21-31-0062 143.78 10.00 30.00 183.78 5649 Brooklyn Blvd 03-118-21-42-0016 351.61 10.00 30.00 391.61 5331 Northport Dr 03-118-21-43-0045 107.83 10.00 30.00 147.83 5308 Lilac Dr N 03-118-21-44-0022 143.78 10.00 30.00 183.78 5160 Drew Ave N 10-118-21-12-0047 143.78 10.00 30.00 183.78 4807 Azelia Ave N 10-118-21-32-0065 191.70 10.00 30.00 231.70 918 Woodbine La 25-,119-21-31-0020 119.81 10.00 30.00 159.81 1401 73rd Ave N 25-119-21-32-0017 399.54 10.00 30.00 439.54 7100 Humboldt Ave N 25-119-21-32-0064 219.81 10.00 30.00 259.81 7043 Fremont Ave N 25-119-21-33-0058 171.79 10.00 30.00 211.79 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 2 of 5 • Amended Special AssessmenOrtifed Roll (Grass/Weeds) 2008 Weed Destruction Printed April 13, 2009 Municipal Code No. 22 Lely No 17348 . Owner Name(s) David Evanson 17348 Countrywide Homeloan Mrt Elect Reg Systems Inc 17348 Nedim Frlj Adisa Fr1j 17348 Citi Res Lending Deutsche Bank Ntl Trust Co 17348 Citimortgage Inc 17348 Joseph Tou Yang 17348 Shane Stegeman Jermar Larkins 17348 Cantlin Lake Properties LLC 17348 Countrywide Homeloan MERS Inc as Nominee 17348 Andrew Wells Jacqueline Wells 17348 Nicole Stottlemyre Eric Stottlemyre 17348 Countrywide Home Loans Servc 17348 Ocwen Loan Ser Lasalle Bank NA Trustee 17348 Nationstar Mortgage LLC 17348 Roger Acheampong Beverly Acheampong 17348 Countrywide Homeloan Bank of New York Trustee 17348 National City Bank 17348 Briana Hinrichs 17348 Hidalgo Figueroa Munoz S Oswaldo Figueroa Munoz 17348 Judson Chea Ellen Chea Levy Runs One Year CaRital Special Total Interest Chara Agessmegj Charge Amount Certifled 10.00 30.00 375.48 10.00 30.00 231.70 10.00 30.00 219.72 10.00 30.00 159.81 10.00 30.00 159.81 10.00 30.00 135.85 10.00 30.00 235.85 10.00 30.00 183.78 10.00 30.00 183.78 10.00 30.00 367.64 10.00 30.00 379.62 10.00 30.00 169.81 10.00 30.00 159.81 10.00 30.00 219.72 10.00 30.00 159.81 10.00 30.00 451.51 10.00 30.00 219.72 10.00 30.00 183.78 10.00 30.00 159.81 10.00 30.00 183.78 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 3 of 5 Properly Address 720 69th Ave N 7200 West River Rd 7230 West River Rd 1613 Amy La 1600 71 st Ave N 7219 Morgan Ave N 7237 Newton Ave N 7243 Oliver Ave N 7037 Logan Ave N 7019 Morgan Ave N 1708 69th Ave N 7018 Halifax Ave N 6907 France Ave N 4710 Wingard La 7216 Brooklyn Blvd 4806 69th Ave N 6931 Perry Ave N 6536 Orchard Ave N 5016 66th Ave N 6337 Noble Ave N Property ID 25-119-21-34-0008 25-119-21-42-0013 25-119-21-42-0044 26-119-21-41-0021 26-119-21-41-0030 26-119-21-42-0057 26-119-21-42-0070 26-119-21-42-0099 26-119-21-43-0040 26-119-21-43-0061 26-119-21-44-0079 27-119-21-34-0044 27-119-21-34-0064 28-119-21-41-0141 28-119-21-41-0205 28-119-2144-0003 28-119-21-44-0005 33-119-21-14-0003 33-119-21-14-0066 33;119-21-41-0010 Pending Amount 335.48 191.70 179.72 119.81 119.81 95.85 195.85 143.78 143.78 327.64 339.62 119.81 119.81 179.72 119.81 411.51 179.72 143.78 119.81 143.78 Amended Special AssessmenOrtified Roll (Grass/Weeds) 2008 Weed Destruction Printed April 13, 2009 Municipal Code No. 22 jdgly No, 17348 Owner Name(s) Thao Pao Yang Property Address 6316 Quail Ave N Pai Xiong Yang 17348 Robert Ubelhoer 6818 Zenith Ave N Viola Ubelhoer 17348 Option One Mtge Corp 6538 Drew Ave N 17348 Elizabeth Soll 3012 66th Ave N 17348 Philip Roberts 3000 Quarles Rd 17348 Jeffrey Johnson 3025 Quarles Rd Jason Johnson 17348 Michelle Madanayake 4312 66th Ave N 17348 James Visetsin 4506 Winchester La 17348 Deepak Nath 4318 Winchester La 17348 Michael Bell 6607 France Ave N 17348 James Vang 6442 Kyle Ave N Xee Vang 17348 Mila Balais 6419 Kyle Ave N James Berry Filipina Berry 17348 Countrywide Homeloan Wells Fargo Bank NA 6242 Lee Ave N 17348 Wells Fargo Bank Natl Assoc 6107 France Ave N 17348 Fabian Valtierrez 3800 62nd Ave N Albertina Ayala 17348 Aurora Lon Services MERS INC 6325 Xerxes Ave N 17348 Countrywide Homeloan US BANK NA 3007 64th Ave N TRUSTEE 17348 HOMECOMINGS FIN JPMORGAN CHASE 3113 65th Ave N BANK TRUSTEE 17348 Shadlyn Cox 3412 62nd Ave N 17348 Toosie Cooper 3105 Lawrence Rd 17348 Wells Fargo Bank NA MERS INC 3109 Lawrence Rd Pendin PropgM,D Amount 33-119-21-41-0089 143.78 • Levy Runs One Year Capital Special Total I~n+tte~r~e~s~t A§sessmgW "aunt Charge Charge Certified 10.00 30.00 183.78 34-119-21-11-0060 131.79 10.00 30.00. 171.79 34-119-21-13-0058 95.85 10.00 30.00 135.85 34-119-21-14-0039 95.85 10.00 30.00 135.85 34-119-21-14-0083 95.85 10.00 30.00 135.85 34-119-21-14-0084 231.79 10.00 30.00 271.79 34-119-21-23-0005 119.81 10.00 30.00 159.81 34-119-21-23-0033 219.81 10.00 30.00 259.81 34-119-21-23-0047 363.59 10.00 30.00 403.59 34-119-21-24-0056 131.79 10.00 30.00 171.79 34-119-21-32-0107 107.83 10.00 30.00 147.83 34-119-21-32-0112 131.79 10.00 30.00 171.79 34-119-21-33-0034 143.78 10.00 30.00 183.78 34-119-21-34-0035 143.78 10.00 30.00 183.78 34-119-21-34-0057 119.81 10.00 30.00 159.81 34-119-21-41-0034 327.64 10.00 30.00 367.64 34-119-21-41-0035 143.78 10.00 30.00 183.78 34-119-21-41-0113 143.78 10.00 30.00 183.78 34-119-21-43-0026 119.81 10.00 30.00 159.81 34-119-21-44-0105 95.85 10.00 30.00 135.85 34-119-21-44-0106 155.76 10.00 30.00 195.76 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 4 of 5 • Amended Special AssessmenOrtified Roll (Grass/Weeds) 2008 Weed Destruction Printed April 13, 2009 Municipal Code No. 22 Lew No. 17348 Owner Name(j) Thown Thor 17348 Wilshire Credit Corp Citigroup Gbl Mkts Rlty Corp 17348 Dennis Small 17348 Yapor Vang Mai Lee Yang 17348 Nicole Franklin 17348 David Evanson 17348 Countrywide Homeloan Bank of New York As Trustee 17348 EMC Mtge Corp MERS INC 17348 Angelina Vane 17348 Welcome Home Builders, Inc. 17348 Crow River State Bank 17348 BANKWEST 17348 Azeem Begum 17348 Countrywide HomeLoan Wells Fargo Bank N A Trustee 17348 Deutsche Bank Ntl Trust Co 17348 Countrywide HomeLoan Bank of New York Trustee 17348 Recife Properties Inc 17348 Gary Hobson Levy Runs One Year Pending Capital Interest SIRecial Assessment Total mount Property Address 2806 66th Ave N PrgRerly ID 35-119-21-23-0005 Amoun 131.79 Charge 10.00 Charge 30.00 Certified 171.79 2600 64th Ave N 35-119-21-32-0051 167.74 10.00 30.00 207.74 6319 Brooklyn Dr 35-119-21-32-0052 143.78 10.00 30.00 183.78 2706 63rd Ave N 35-119-21-32-0109 143.78 10.00 30.00 183.78 2807 66th Ave N 35-119-21-32-0115 363.59 10.00 30.00 403.59 36-119-21-12-0038 239.63 10.00 30.00 279.63 6839 Colfax Ave N 36-119-21-21-0014 435.49 10.00 30.00 475.49 6731 Colfax Ave N 36-119-21-21-0046 243.78 10.00 30.00 283.78 707 69th Ave N 36-119-21-21-0117 131.79 10.00 30.00 171.79 6812 Aldrich Ave N 36-119-21-21-0122 255.76 10.00 30.00 295.76 6806 Aldrich Ave N 36-119-21-21-0123 243.78 10.00 30.00 283.78 6800 Aldrich Ave N 36-119-21-21-0124 255.76 10.00 30.00 295.76 6712 Emerson Ave N 36-119-21-22-0050 100.00 10.00 30.00 140.00 6342 Dupont Ave N 36-119-21-31-0015 327.64 10.00 30.00 367.64 6207 Dupont Ave N 36-119-21-33-0004 107.83 10.00 30.00 147.83 6114 Dupont Ave N 36-119-21-34-0036 100.00 10.00 30.00 140.00 6225 Bryant Ave N 36-119-21-34-0049 119.81 10.00 30.00 159.81 810 61st Ave N 36-119-21-34-0097 463.59 10.00 30.00 503.59 Total: 23,432.26 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Page 5 of 5 Resolution- Diseased Tree Removal adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused the removal of trees on certain properties within the City during 2008 under the authority of Minnesota Statutes, Section 18G.13 and by written agreement with the owners of such property, and in accordance with Minnesota Statutes 429; and WHEREAS, an assessment roll, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where tree removal costs are to be assessed, together with the amounts proposed to be assessed to each property; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for tree removal costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of tree removal costs incurred during the year 2008 is hereby adopted and certified as Levy No. 17347. 2. The special assessments as adopted and confirmed shall be payable in equal annual installments with interest thereon at six (6) percent per annum, extending over a period of five years. The first of the installments shall be payable with ad valorem taxes in 2010, and shall bear interest on the entire assessment from May 14, 2009 through December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before May 13, 2009. After May 13, 2009, he or she may pay the total special assessment, plus interest. Interest will accumulate from May 14, 2009, through the date of payment. Such payment must be made by the close of business November 25, 2009 or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31, of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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: whereon said resolution was declared duly passed and adopted. 0 • Municipal Code No. 22 Amended Special Assess Certified Roll (Trees) 2008 Tree Removal Printed April 13, 2009 LLU No. Owner Name(s) Prop]: Addresg 17347 Direct Properties LLC 5724 Girard Ave N 17347 Kenneth Erickson 5725 Dupont Ave N 17347 Gretchen Goodwin 5840 Dupont Ave N 17347 Lyudmila Schocker 5721 Knox Ave N Mark Schocker 17347 John & Gail Lambert 5900 Washburn Ave N 17347 Michael Sims 5301 Newton Ave N Sarah Sims 17347 Ahavel Scherz 5649 Brooklyn Blvd 17347 Hilda Herrera Garcia 3506 53rd Ave N Donacino Llanas 17347 Jimmie Baldwin 7007 Emerson Ave N Patti Baldwin 17347 Dewey Ledin 7200 Noble Ave N Kristi Ledin 17347 Luis Hernandez 6907 Grimes Ave N Sandra Alcantar 17347 Nationstar Mortgage LLC 4710 Wingard La 17347 CENLAR Inter Savings Bank FSB 6400 Quail Ave N 17347 Holdingford Investments LLC 3907 65th Ave N 17347 Citimortgage Inc 1537 Humboldt PI N 17347 Countrywide Homeloan Mrtge Elec Reg Systems 1549 Humboldt PI N Inc 17347 Gerardo Cazares 1555 Humboldt PI N Berta Arellano 17347 Federal National Mtge Assoc 1531 Humboldt PI N 17347 Litton Loan Ser Deutsche Bank Natl Trust Co 1519 Humboldt PI N 17347 Litton Loan Ser Deutsche Bank Natl Trust Co 1513 Humboldt PI N 17347 Terry Traver 6227 Colfax Ave N Susan Traver City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN 55430 Properly ID Pending Amount 01-118-21-23-0041 863.38 01-118-21-23-0065 1,433.15 01-1118-21-24-0030 1,848.50 02-118-21-14-0009 863.38 02-118-21-22-0044 688.00 02-118-21-43-0022 1,475.75 03-118-21-42-0016 1,63 5.50 03-118-21-43-0052 1,635.49 25-119-21-33-0032 1,052.94 27-119-21-32-0048 1,780.00 • Levy Runs Five Years Capital ,Special Total Interest Assessment daunt CharLye Charge artified 30.00 30.00 923.38 30.00 30.00 1,493.15 30.00 30.00 1,908.50 30.00 30.00 923.38 30.00 30.00 30.00 30.00 30.00 30.00 27-119-21-34-0082 1,087.03 30.00 30.00 748.00 30.00 1,535.75 30.00 1,695.50 30.00 1,695.49 30.00 1,112.94 30.00 1,840.00 30.00 1,147.03 28-119-21-41-0141 176.45 30.00 30.00 236.45 33-119-21-41-0097 890.00 30.00 30.00 950.00 34-119-21-31-0081 778.18 30.00 30.00 838.18 35-119-21-11-0026 126.27 30.00 30.00 186.27 35-119-21-11-0028 126.27 30.00 30.00 186.27 35-119-21-11-0029 126.27 30.00 30.00 186.27 35-119-21-11-0030 126.27 30.00 30.00 186.27 35-119-21-11-0032 126.27 30.00 30.00 186.27 35-119-21-11-0033 126.27 30.00 30.00 186.27 36-119-21-34-0065 884.68 30.00 30.00 944.68 Page 1 of 2 t Certified Roll (Trees) Amended Special Assess oval. Printed April Levy guns Five Years 2008 Tree 13, 2049 %Irsw A W Am~ I'Aun,cipal Code No. 22 xwxd~Lm Total: 19,110.05 1009. Qffv~ Q page 2of2 6301 S6. 1, Creek Yarkw "Y Brooklyn Center MN 55430 n. ,lc{vn Center 0 Resolution- Public Nuisances Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the City of Brooklyn Center has caused abatement removal on certain properties within the City in 2008 under the authority of City Code Section 12-1102, Minnesota Statute 463.251, and in accordance with Minnesota Statutes, Section 429; and WHEREAS, on April 13, 2009, certain abatement accounts remained unpaid; and WHEREAS, an assessment roll for unpaid accounts from 2008, a copy of which is attached hereto and made part hereof by reference, has been prepared by the City Clerk, tabulating those properties where abatement costs are to be assessed, together with the amounts proposed to be assessed to each property; and 0 WHEREAS, Minnesota State Statute authorizes the certification of delinquent abatement accounts to the County tax rolls for collection; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for abatement costs. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The special assessment roll of abatement costs incurred during the year 2008 is hereby adopted and certified as Levy No. 17349. 2. The special assessments as adopted and confirmed shall be payable with ad valorem taxes in 2010, in one annual installment with interest thereon at six (6) percent per annum and shall bear interest on the entire assessment from May 14, 2009 through December 31, 2009. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before May 13, 2009. After May 13, 2009, he or she may pay the • total special assessment, plus interest. Interest will accumulate from May 14, 2009, through the date of payment. Such payment must be made by the close of business November 25, 2009 or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplication of this assessment to the County Auditor to be extended on the proper tax lists of the county and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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: whereon said resolution was declared duly passed and adopted. • ~ertified Roll (Abatement) Amended Special Assessme 2008 Abatement 2009 Printed April 13' Municipal Code No. 22 ~ 60 DuPont AveN Y-night 17349 ?Cf:e:se Andre Knight 5433 Dupont Ave N Ave N 17349 MTG SERVICES INC HSBC SERVICES INC 5420 Emerson 5438 DuPont Ave N 17349 MTGE H5BC Bounsavath 9 Brooklyn Blvd 564 17349 Hournpheng Ave N 5107 Ewing 17349 phavel Scherz 7200 W est River Rd 17349 George Engles Elect Reg Systems de Homeloan Mrt C°untxy~*'1 9 willow La. N 17349 Inc s 702 Grines Ave N 07 17349 Countrywide Home Loan 69 17344 Luis Hernandel t r 7001 Drew Ave N a Sandra Alcan 6437 Scott Ave N 17349 Julia Greenfield de Homeloan MER5 INC l 17349 Countryw O1-11-0046 01-118-21-33-0077 01-118-21-33-0085 Oi-118-21-34-0109 03-118-21-42-0016 10-118-21-12.0076 25-119-21-42-0013 MU" AMORUI 70.00 532.00 530.00 60.00 110.00 160.00 205.00 25_119-21-44-0016 27.119.21-34-0082 27-119-21-43-0020 33119-212-0036 285.00 115.00 caod bartA 10.00 572.00 570.00 100.00 150.00 200.00 245.00 10.00 10.00 10.00 10.00 10.00 10.00 Levy Runs One Year 5 0ii~ t 110.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 325.00 10.00 155.00 10.00 30'00 10.00 30.00 532.00 30.00 102.00 10.00 512.00 142.00 Total: 3,141.00 Page 1 of 1 nter - 6301 Shingle Creek Parkway Brooklyn Center MN 55430 city of Brooklyn Ce • Attachment- Property History Information for Special Assessment Public Hearing 04-13-09 The following information is related to the special assessment items only. Address Ownership Date City Sent Date Grass Date Tree Date of Status Compliance Notice Cut by City Removed by City Nuisance Abatement Appeared at Council Meeting 03-09-09 5926 Camden Ave N Michelle Nelson 09-22-08 10-02-08 since 10-27-99 6419 Kyle Ave N Mila Balais 07-31-08 08-12-08 since 08-07-08 Foreclosure 5649 Brooklyn Blvd Ahavel Scherz 05-30-08 06-12-08 since 11-07-08 08-20-08 09-04-08 10-01-08 10-28-08 10-09-08 Declared Public Nuisance by Res. • No. 2008-113 at the 10-16-08 il M C ti Posted & Mailed Abatement ounc ee ng 08-21-08 Notice (Unsecured./Broken Window) 08-15-08 6007 Dupont Ave N Gregory Waataja 07-31-08 08-12-08 since 08-27-08 Foreclosure 5543 Dupont Ave N Thomas Reed 05-21-08 Cut by since 09-28-00 Owner 08-15-08 Cut by Owner 10-14-08 I 10-23-08 5815 Humboldt Ave Kim Julin 07-02-08 07-12-08 N since 07-17-08 Foreclosure 5949 Xerxes Ave N Realworld 09-22-08 10-03-08 Development since 12-29-08 Rental 5308 Lilac Dr N Paul Baird since 05-21-08 06-06-08 12-10-04 Rental • 0 Address Sent in Written Comments to Staff 4318 Winchester Lane (Received letter dated 03-18-09) 4506 Winchester Lane (Received letter dated 02-19-09) Ownership Date City Sent Date Grass Date Tree Date of Status Compliance Notice Cut by Removed by City Nuisance City Abatement Deepak Nath 06-11-08 06-30-08 since 12-18-08 09-23-08 10-03-08 Rental, Foreclosure James Visetsin 07-02-08 Cut by since 09-05-08 Owner 10-24-08 11-05-08 Notes: "Foreclosure" indicates it was mortgaged foreclosed prior to the current owner. "Rental" indicates it is currently licensed as a rental property. • 40 Camden Ave I .419 Kyle Ave R • • 0 5649 Brooklyn Blvd sy~~k Kit` ` l ~f L • • 0 6007 Dupont Ave 643 0 vx -mar.. n. «..vim .r�u1..rS"r.��- `.�.++n�,•1 y �K. 07/0112008 0 101, tea, . 5308 Lilac Dr ' , 1:1. Ip • • 4318 Winchester Ln • y rT. .s qfl ' c} Ana j:' 'y A \ y~ *18 • • 0 4506 Winchester Ln • 0 • council Agenda Item No, 10a City • ID COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager • FROM: Sharon Knutson, City Clerk DATE: April 6, 2009 SUBJECT: Mayoral Appointment - Planning Commission Recommendation: - - It is recommended that the City Council consider ratification of the Mayoral appointment of Carlos Morgan to the Planning Commission with term expiring December 31, 2009. Background: The Planning Commission is composed of a chairperson and six members. There are two vacancies on the Commission. As outlined in Subdivision 6, Resignations-Removal from Office-Vacancies, of the Resolution Defining Duties and Responsibilities of the Brooklyn Center Planning Commission, the following procedures for filling Commission vacancies were followed. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 beginning January 9, 2009, and continues to air. Announcement was made in the January 22, 2009, Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either • submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members on March 13, 2009. Attached for City Council Members only is a copy of the application received for consideration: Carlos Morgan 4207 Lakeside Ave #334 Mayor Willson has communicated with the applicant and recommends appointment. An electronic mail was sent to the applicant notifying him that his application for appointment would be considered at the April 13, 2009, City Council meeting. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's web site at www.citvofbrooklvncenter.or2 and clicking on Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. 0 City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members April 6, 2009 Neighborhoods Southeast Northeast Northwest West Central • Central Southwest Applicants Carlos Morgan Current Members Kara Kuykendall Della Young Sean Rahn, Chair Stan Leino Michael Parks Two vacancies. 0 0 City Council Agenda Item No. 10b • 0 • City of Brooklyn Center City Council Agenda Item Memorandum TO: Curt Boganey, City Manager FROM: Daniel-Jordet, -Director of Fiscal & Support Services - DATE: 7 April 2009 SUBJECT: Rescinding Assessments for Unpaid Utilities Recommendation: It is recommended that the City Council adopt the attached resolution rescinding certain assessments for unpaid utility bills certified on 9 March 2009. Background: The property at 5607 Colfax Avenue North was assessed for outstanding utility bills of $ 1,800.39 plus the $ 30.00 assessment charge on 9 March 2009. The • water meter readings used to calculate that accumulated bill were estimates because the meter reading cards were not returned by the resident. During the meter replacement at this property for the automated meter reading conversion project an actual meter reading was obtained. The resulting calculation using an actual reading showed that water usage was significantly overestimated for the period of the bills that were assessed, resulting in a credit to the account. This credit more than covered the amount assessed to the property for unpaid bills. Therefore, the assessment should be removed from the property and will be reversed by the credit for over-estimation of water usage to the account. In order to finish correcting the error, the City Council is asked to adopt a resolution removing this assessment to the property from the earlier certifying resolution. Financial Impact: The total change in the assessment roll is $ 1,830.39 making the final certified assessment roll $ 259,115.07. 0 9 its adoption: Member . introduced the following resolution and moved RESOLUTION NO. RESOLUTION REMOVING 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 9 March 2009; and WHEREAS, the property at 5607 Colfax 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 9 March 2009: 5607 Colfax Avenue N $ 1,830.39 April 13. 2009 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. Dave Rumple is City Council Agenda Item No. lOc • 0 • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steven Lillehaug, Director of Public Works DATE: April 9, 2009 SUBJECT: Resolution Amending the Capital Improvement Program for the years 2009 through 2023 Recommendation: Staff recommends that the City Council approve the attached resolution amending the Capital Improvement Plan for the fiscal years 2009 through 2023. Background: Attached is the amended Capital Improvement Plan that details the 15 year plan for capital construction improvements within the City and financing sources required to accomplish these projects. The highlighted items indicate the proposed amendments based on the discussion of the March 23, 2009 work session with the City Council pertaining to pursuing the Bass Lake Road Streetscape and Regional Trail project. Please see the attached memo for additional funding and project description information. Additionally,* funding for the Capital Maintenance Building Plan for the years 2009 and 2010 have been designated to the Liquor Fund and moved out of the "To Be Determined" column into the Capital Projects Fund column. Budget Issues: The amended item adds $3,000,000 to the Capital Improvement Plan in 2009 and 2010 with funding to be determined. 0 MEMORANDUM - COUNCIL WORD SESSION ITEM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works DATE: March 18, 2009 SUBJECT: Bass Lake Road Streetscape and Regional Trail Project Update Council Action Required: The following information provides an update pertaining to the Bass Lake Road Streetscape and Regional Trail project. No action is required. Background: In February 2008, a comprehensive streetscape study was prepared for Xerxes Avenue and Bass Lake Road in an effort to create a framework and implement a plan that would enhance the public areas, infrastructure and overall aesthetics of the street corridor to support the current and future redevelopment of the area. This framework was used to plan and implement the streetscape and transportation improvements for the 2008 Xerxes Avenue Reconstruction Project that was completed fall 2008. • The second phase and remaining portion of the public improvements addressed in the study pertain to Bass Lake Road from Brooklyn Boulevard to Highway 100. Currently, a specific funding source has not been fully identified and committed to. However, the City is continuing to pursue multiple funding opportunities and partnerships in an effort to proceed with this project as follows: Funding Options 1. Transit for Livable Communities- In February 2008, the City applied for a grant application under the Bike/Walk Twin Cities Spring 2008 Solicitation under the "livable streets" category. The specific project area for this solicitation was Bass Lake Road from Xerxes Avenue to Shingle Creek Parkway and included off-road trails and streetscaping for that segment. Transit for Livable Communities (TLC), who administers this grant program, did not select and award the Brooklyn Center project grant money directly. However, the project remains on a "short list" of potential candidates that could be awarded a grant with the remaining money in that program. City staff is continuing to work with TLC staff to address other enhancements and alternatives that they felt were lacking in the City's original proposal. 2. Hennepin County - City staff has met with Hennepin County staff and are continuing discussions to partner with funding and plan development. 3. Three Rivers Park District - City staff is continuing to pursue partnering options with the Three Rivers Park District. These potential opportunities include development of a regional trail and completing this "missing link" through this corridor. The District • has indicated their interest in developing, constructing and maintaining a regional trail in this location as part of the their overall regional trail system. Cih• ofBrookfhm Center I Bass Lake Road Streetscape and Regional Trail I'pdate 4. American Recovery and Reinvestment Act of 2009 (ARRA) - Under the current ARRA, the federal economic stimulus bill, the city submitted a funding application for this project in the amount of a $2.5 million grant. Under the ARRA, qualifying projects are submitted through Mn/DOT using the existing Statewide Transportation Program (STP) as a basis for funding selection. Originally, four Brooklyn Center projects were submitted under this solicitation, which has recently been revised and now only includes the Bass Lake Road Streetscape and Regional Trail project. The other three projects will be resubmitted to Mn/DOT as enhancement projects later this month when a new solicitation is anticipated to commence. 5. Tax Increment Financing (TIF) District 3 - Currently, TIF 3 has a budget balance of just over $3 million. Components of the Bass Lake Road project that could potentially qualify and be funded by a portion of the TIF 3 financing include elements that serve a functional purpose including regional trails, lighting, certain boulevard/screening- type of landscaping, and elements pertaining to storm water mitigation (e.g. biofiltration / infiltration basins). Items that do not qualify include purely aesthetic and decorative elements. TIF cannot be the sole source of funding to complete this project but could be a significant contributor where and if needed. The typical development stages of a project generally consist of including the project in the capital improvement plan with an identified funding source, preparing plans and specifications, and constructing the project. With the current special economical funding opportunities available and requirements to qualify for them, it may be beneficial for the city to deviate from the typical project planning/approval scenario. The ARRA funding sources currently being considered call for "shovel ready" projects. In an effort to meet this requirement pertaining to the Bass Lake Road Streetscape and Regional Trail Project, it is necessary to proceed with plans and specifications so we have this project "on the shelf' to meet the "shovel ready" requirement. Council Policy Issues: Does the City Council support pursuing the project funding strategies for the project? Does the City Council support proceeding with the development of plans and specifications for the project? • On, of BrooklYn Center I Bass Lake Road Streetscape and Regional Trail Update Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AMENDING THE 2009-2023 CAPITAL IMPROVEMENT PROGRAM WHEREAS, the City Council of the City of Brooklyn Center adopted the 2009-2023 Capital Improvements Program on December 8, 2008; and WHEREAS, the City Council reviewed and discussed proceeding with the Bass Lake Road Streetscape and Regional Trail Project on March 23, 2009; and WHEREAS, funding has been designated to the Liquor Fund for the 2009 and 2010 Capital Building Maintenance Program projects; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is the documentation for the above referenced amended 2009-2023 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the amended 2009-2023 Capital Improvement program as set forth in Exhibit A to this Resolution be and hereby is adopted. • April 13, 2009 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 • • • N O N . N Q ~w r V Z 'PZ CL sU N w m E F _ a g V op~~ N I m ~F O N ¢ 2LL 3 w d ~ m p Q IL uNi ~ n 8' N N N N - - - - - - - - - - - - N M N N N H H N N as o V C H y ~,N M H 8 M N N M N N H M N N M NY'1 h - - - - - - - - - - O ONNON19 bhpp BNNNO NN N O h N N N N 8«~~N~8a88S~ m ~ N O h ~ N M N - - - - - - - - - - - - 88° Sys"-saus$ N N - - - - - - - - - - - - - e0A N N ON NNM ~ NMNM/N a bN MN NN NNN11! 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A CL 0 City council Agenda Item N°• lOd • • City of Brooklyn Center A Millennium Community TO: Mayor and Councilmembers FROM: Curt Boganey, City Mane DATE: April 8, 2009 SUBJECT: Resolution accepting the executive summary from Donald Salverda and Associates from the City of Brooklyn Center City Council and Department Heads 2008 Leadership Planning Team Building Retreat and adopting a Mission Statement, Values Statement and Goals Program Recommendation: It is recommended that the City Council consider adoption of the subject resolution. Background: On February 28t' 2009 the City Council and Department Heads met in a full day Leadership-Planning-Team Building Retreat at the Earle Brown Heritage Center. The • facilitator was Don Salverda and Associates of Roseville, Minnesota. Having received and reviewed the Executive Summary it is believed that this document accurately reflects the discussion and consensus reached by the City Council at the retreat. Included in the summary is the agreed upon Mission Statement, Values Statement and Goals Program. The Council has committed to continue refining the goals program initiated at the retreat by establishing desired outcome statements and success indicators over the next several weeks. Adoption of the resolution accepts the report as submitted and confirms the Mission, Values Statement and Strategic Goals which will continue to guide the direction of the City and staff as it pursues the policies of the City Council Fiscal Issues: The adoption of this resolution will have no immediate fiscal consequences. It is fair to say that the implementation of the necessary strategies will have budgetary implications in the future. 0 C: 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityo fbrooklyncenter. org • Member moved its adoption: RESOLUTION NO. introduced the following resolution and RESOLUTION ACCEPTING THE EXECUTIVE SUMMARY FROM DONALD SALVERDA AND ASSOCIATES FROM THE CITY OF BROOKLYN CENTER CITY COUNCIL AND DEPARTMENT HEADS 2009 LEADERSHIP PLANNING AND TEAM BUILDING RETREAT AND ADOPTING A MISSION STATEMENT, VALUES STATEMENT AND GOALS PROGRAM • • WHEREAS, the Brooklyn Center City Council and department heads met on February 28, 2009, in a leadership planning and team building retreat facilitated by Mr. Donald Salverda; and WHEREAS, the City Council, after receiving input from the management team, has decided upon the City Mission Statement, Statement of Values and 2009 Goals Program; and WHEREAS, these statements of City Policy shall serve as a guide and direction to the City Manager and his staff as they conduct the business of the City; and WHEREAS, the City Council is commits itself to the adherence to these Statements and all reasonable efforts in 2009 and beyond toward the achievement of these goals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the executive summary from the February 28, 2009, Leadership Planning and Team Building Retreat is accepted and the Mission Statement, Values Statement and 2009 Goals are officially approved and adopted. April 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. Donald Salverda & Associates • Roseville Professional Center • Suite 511 • 2233 N. Hamlin Avenue • Roseville, MN 55113 (651) 484-1335 THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2009 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT EXECUTIVE SUMMARY 0 THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS • 2009 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT Page I INTRODUCTION 1 11 INTRODUCTORY REMARKS 2 111 COMMUNICATION ENHANCEMENT 3 IV REVIEW OF PROGRESS 3 V LEADERS AND MANAGERS ARE BEING CHALLENGED 3 VI CHANGES AND EXTERNAL FORCES THAT HAVE AND ARE EXPECTED TO IMPACT THE CITY 4 VII REVIEW OF THE-CITY'S CITIZEN SURVEY 4 VIII ISSUES AND OPPORTUNITIES FACING THE CITY 4 • IX THE GOALS PROGRAM TO ADDRESS THE ISSUES AND OPPORTUNITIES 4 X KEY RESULT AREAS AND ACTION PLANS TO ACHIEVE THE GOALS........ 5 XI CONTINGENCY PLANNING FOR ANTICIPATED BUDGET REDUCTIONS..... 5 XII WORKING AS A TEAM-UNDERSTANDING WORK BEHAVIOR STYLES....... 5 XIII ROLES AND RESPONSIBILITIES 5 XIV EXPECTATIONS AND CONTRIBUTIONS 6 XV THE CITY'S MISSION AND VALUES STATEMENTS 6 XVI CLOSING REMARKS 6 XVII EVALUATION OF THE RETREAT 6 XVIII RECOMMENDED FOLLOW-UP ACTIONS 7 ATTACHMENTS &34 0 • THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2009 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT I INTRODUCTION The council members, city manager, and department heads of the City of Brooklyn Center held a Leadership - Planning - Team Building Retreat on February 28, 2009. The retreat was held at the Earle Brown Conference Center in Brooklyn Center. The retreat facilitator was Don Salverda, President of Donald Salverda and Associates of Roseville, Minnesota. Participants at the retreat were: Tim Willson Mayor Kay Lasman Council Member Dan Ryan Council Member Mark Yelich Council Member Tim Roche Council Member Curt Boganey City Manager Vickie Schleuning Director of Buildings & Community Standards Gary Eitel Director of Planning & Business Development Lee Gatlin Fire Chief Scott Bechthold Police Chief Dan Jordet Finance Director Steve Lillehaug Public Works Director i Jim Glascoe Director of Community Activities and Recreation Services 1 • The primary objectives of the retreat were: 1) To review proaress being made by the city 2) To build on previous retreats 3) To develop an updated aoals program for the city (1-3 year perspective) 4) To develop kev result areas (specific objectives) to achieve the city's highest priority goals 5) To develop contimency priorities for anticipated budget reductions 6) To enhance communication and develop renewed team soirit among participants 7) To be both educational and eniovable This report summarizes the results of the retreat and includes recommendaffons for follow-up actions to be taken. • 11 INTRODUCTORY REMARKS Mayor Tim Willson welcomed participants to the retreat. He gave a special welcome to the staff. He indicated that the city is moving in the right direction and that there has been considerable progress made during the last year particularly in the area of crime prevention. He indicated the importance of holding a retreat and to have the staffs input to the council in developing the city's direction and goals. City Manager Curt Boganey also welcomed participants to the retreat. He said that last year's retreat went well and provided the staff with direction from the council. He anticipates that this year's retreat will go equally well. He then introduced the retreat facilitator, Don Salverda. The facilitator also welcomed the participants to the retreat. He particularly welcomed new council member Tim Roche and the city's new Public Works Director Steve Lillehaug. He indicated his appreciation to the council and city manager for having the opportunity to serve as the retreat facilitator. • 2 • III COMMUNICATION ENHANCEMENT After introductory remarks were made, the facilitator indicated that one of the objectives of the retreat was to enhance communication among the participants and to integrate new council member Tim Roche and new Public Works Director Steve Lillehaug onto the city's leadership team. The first activity began the- communication process by providing the participants the opportunity to share backgrounds, perspectives on the greatest challenges facing the city, and expectations for the retreat. Many of the challenges cited by participants were incorporated into later discussions on Issues and Opportunities facing the city. The refreshment breaks, luncheon, and group discussions provided additional opportunities to further enhance communication. See Attachment A for the Greatest Challenges Facina the City and Expectations for the Retreat 0 IV REVIEW OF PROGRESS The next activity focused on a Review of Progress being made by the city during the last year. It was agreed that considerable progress has been made in a number of areas. Participants also discussed problems that have been tS encountered and lessons that have been learned. Participants agreed there have been numerous successes, but that there is room for improvement. See attachment B for the Review of Proaress beina made V LEADERS AND MANAGERS ARE BEING CHALLENGED The facilitator provided information on leadership, pointing out that leaders and managers at all levels of organizations in both the public and private sectors are being challenged as never before. In the public sector, government officials and professional staff are faced with the dilemma of meeting increasing service needs with limited funding capability. It was pointed out that in year 2009 and beyond increased emphasis is being placed on individual leadership and • leadership development within organizations. The facilitator provided a number of resource materials on leadership that were referred to throughout the retreat. 3 • VI CHANGES AND EXTERNAL FORCES THAT HAVE AND ARE EXPECTED TO IMPACT THE CITY Participants reviewed changes and external forces that have had an impact on the city in the last five years. Participants also discussed changes and external forces expected to impact the city in the next five years. See Attachment C for the Listinq of Chanaes and External Forces That Have and Are Expected to Impact the Citv VII REVIEW OF THE CITY'S COMMUNITY SURVEY Participants reviewed highlights of the community survey that was recently conducted by Decision Resources. A more thorough discussion will be held when Decision Resources presents their results and conclusions to the council. VIII ISSUES AND OPPORTUNITIES FACING THE CITY • Participants identified a number of issues and opportunities facing the city on an ongoing basis and from a 1-3 year perspective. The listing provided a fresh update and consensus on issues and opportunities that need to be addressed. See Attachment D for the Updated Listina of Issues and Opportunities facina the City IX THE GOALS PROGRAM TO ADDRESS THE ISSUES AND OPPORTUNITIES The identified issues and opportunities were then converted into a "Proposed Goals Program" for the city. The Proposed Goals Program includes seven ongoing goals and six (1-3 year) strategic goals. This Goals Program needs to be further discussed, refined, agreed upon, and adopted. See Attachment E for the Proposed Goals Proqram to Address the Issues and Opportunities • 4 . X KEY RESULT AREAS AND ACTION PLANS TO ACHIEVE THE GOALS Participants developed preliminary key result areas (objectives) for each of the proposed strategic goals. These key result areas (objectives) will be further refined and developed under the guidance of City-Manager Curt Boganey. - Action plans complete with measurable outcomes, target dates, and assigned responsibilities will then be developed for each of the key result areas (objectives). This information will be provided to the council in separate documents from the City Manager. XI CONTINGENCY PLANNING FOR ANTICIPATED BUDGET REDUCTIONS City Manager Curt Boganey presented background information about the city's revenues and budgeting challenges the city faces. He proposed various contingency plan options that the council might consider in dealing with the pending revenue reductions. • See Attachment F for the Continaencv Planning Options XII WORKING AS A TEAM - UNDERSTANDING WORK BEHAVIOR STYLES Participants reviewed the work behavior styles of the leadership team. Understanding work behavior styles is key to increasing harmony, productivity, and teamwork of the leadership team. XIII ROLES AND RESPONSIBILITIES Participants reviewed, but due to limited time, did not discuss the roles and major responsibilities of the city council, council members, the mayor, the city manager, department heads, city employees, and citizens. This 2009 Listing of Major Roles and Responsibilities includes a few suggested revisions from the City Manager. See Attachment G for the Listinq of Major Roles and Resr)onsibilities 5 • XIV EXPECTATIONS AND CONTRIBUTIONS. At the 2007 retreat participants discussed expectations that the council has of staff and the staff has of the council. At that retreat participants also discussed the contributions that each group brings to the leadership team. Time did not allow for discussion of expectations and contributions at the 2009 retreat. The - information is included in this Executive Summary for the benefit- of the leadership team. See Attachment H for the Listinas of Exuectations and Contributions XV THE CITY'S MISSION AND VALUES STATEMENTS The Mission Statement is a statement that describes the organizations overall purpose and reason for existing. Participants reviewed and affirmed the city's Mission Statement. The Values Statement defines the core values that guide the day-to-day activities of the city's personnel. Participants reviewed and affirmed the city's • Values Statement. See Attachment I for the Citv's Mission and Values Statements XVI . CLOSING REMARKS The retreat concluded with the facilitator challenging the participants to make a positive impact in their leadership roles. Mayor Tim Willson closed the session by thanking everyone for participating. He said that a lot was accomplished at the retreat and that similar sessions should be held every year. He thanked the facilitator for organizing and leading the retreat. XVII EVALUATION OF THE RETREAT The retreat was well received by participants with an overall rating of 4.1 on a scale of 1 = low and 5 = high. • See Attachment J for the Evaluation of the Retreat 6 i XVIII RECOMMENDED FOLLOW-UP ACTIONS • It was agreed that considerable progress was made at the retreat and that follow- up actions are needed. A recommended sequence of actions are: 1) The participants review the Executive Summary of the retreat 2) The city manager fine tunes the prioritized issues and opportunities, and . the recommended goals program for city council consideration 3) The city council approves and formally adopts the finalized goals program 4) Key result areas (objectives) and action plans be developed for each goal under the guidance of the city manager 5) The city council reaffirms the city's mission and values statements 6) The city council and city manager--monitor progress on achievement - of the goals during the year 7) A follow-up retreat be scheduled in one year to evaluate progress and update the goals 8) Anticipated discussion on the topic of 'The Community's Relationship with the Brooklyn Historical Society (BHS)' did not take place at the retreat due to lack of time. It is recommended that this discussion take place at a future council work session. Executive Summary Written by the Retreat Facilitator Don Salverda Donald Salverda $ Associates Roseville Professional Center, Suite 511 2233 North Hamline Roseville, MN 55113 (651) 484-1335 0 7 Attachment A GREATEST CHALLENGES FACING THE CITY1 1) *"The economy" . 2) *"Crime" 3) *"Revenue resources" 4) *"The city's redevelopment" 5) *"The city's image" 6) "Foreclosures" 7) "Housing standards" 8) "The economic disparity of citizens" • 9) "Cultural integration" 10) "Residential and commercial revitalization" 11) "A lack of optimism and hope" "Several participants listed as the greatest challenges facing the city. Note: The comments made on pages 8-11 were offered individually by participants at the session. The comments were used for discussion purposes and ultimately for the formation of goals.and key result areas. The group did not adopt these statements or officially support them as a unified statement of the city. • 8 • Attachment A (continued) RETREAT EXPECTATIONS 1) "To build on previous retreats" 2) "To get direction from the council regarding the budget" 3) "Sharing and learning" 4) "To develop a vision for the city" 5) "To develop 'focused direction"' 6) "To develop priorities" 7) "To develop. midlevel goals" 8) "Open and honest communications" • 9 • Attachment B I REVIEW OF PROGRESS • The Successes 1) "The neighborhood meetings" 2) "A reduction in violent crimes" 3) "Increased development in the city" 4) "The Brookdale Ford acquisition and the 57th and Logan investigation" 5) "Embassy Suites" 6) "Improvements in the city's codes and code enforcement" 7) "Increased diversity within the staff' 8) "Growth in the city's Neighborhood Crime Watch Program" 9) "Improved image of the city" 10) "Improved inter-department communication and coopertion" 11) "Overall improved communication" 12) "'E' Citizen" 13) "Street construction" 14) "Improvements in the city's fire inspections" 15) "The Youth Collaborative" 10 • The Problems Encountered Attachment B (continued) 1) "Limited resources" 2) "Levy limits and reductions in local government aid" 3) "The economy" 4) "Prioritizing a large staff work load" 5) "Communication 6) "Segmentation in the community" 7) "A lack of diversity in the city's civic organizations" 8) "Restrictions on getting assistance from outside the city" 9) "Having multiple school districts" 10) "Foreclosures" 11) "Lower income levels are many residents" 12) "Lack of progress of the centennial committee" 13) "A lack of citizen involvement from many of the city's diverse groups" The Lessons Learned 1) "The city needs to be flexible in addressing change" 2) "The importance of focusing the city's resources" 3) "The council and staffs 'getting out in the community' is key to getting citizen response" 4) "Communicating the city's message is of high importance" 5) "The city's identity is not just Brookdale" 6) "Never let a good crisis go to waste" 7) "Empowering people leads to positive results" 11 • CHANGES AND EXTERNAL FORCES THAT HAVE HAD AN IMPACT ON THE CITY IN THE LAST FIVE YEARS MOST SIGNIFICANT • Attachment C 1) The city's changing demographics that include an aging population, and increased ethnic diversitv 2) A decrease in the citv's tax base from local businesses 3) A reduction in local government aid from the state 4) An increase"in the city's rental housinq 5) A decline in citizen satisfaction levels and an increase in expectations 6) A decline in the overall maintenance of the citv's housina stock SIGNIFICANT I 7) A decline in the services provided at the Brookdale ooperty 8) A decline in the property value of Brookdale 9) Changes in elected local officials 10) Chanaes in staff -most significantly at the department head level • 12 • Attachment C (continued) CHANGES AND EXTERNAL FORCES EXPECTED TO IMPACT THE CITY IN THE NEXT FIVE YEARS MOST SIGNIFICANT • 1) 2) 3) 4) 5) 6) The economv and the state's budoet crisis Increasing numbers of foreclosures in the housing market Increasing redevelopment Real and perceived crime in the city A trend of decline in the city's commercial businesses Continued demooraphic chanaes that include an aging population and increased cultural diversity SIGNIFICANT • 7) Increases in the cost of healthcare and other benefits provided to employees 8) Increasing focus on partnerships and collaborations 9) Changes made at Brookdale 10) Improvements of Bass Lake Road, Shingle Creek Road, and Brooklyn Boulevard 13 • Attachment C (Continued) ADDITIONAL 11) The census. _ _...v _ - -111 - 12) An increasing number of environmental concerns related to contaminated land and soil with city acquired properties 13) A decline in the number of school enrollments 14) The volatility of energy costs and gasoline prices 15) The impact of mandated Homeland Securitv measures 16) The number of new unfunded mandates 17) An increasing focus on water related issues 18) Increased traffic due to changes in Highway 252 and the completion of Highway 610 19) Changing interest rates 20) Future national, state, and local elections • 14 • Attachment D ISSUES AND OPPORTUNITIES FACING THE CITY (EXPRESSED AS NEEDS) ONGOING 0 • 1) The need to continue to provide aualitv services with limited resources 2) The need to ensure the citv's financial stability 3) The need to move toward maintaining or lowerina the level of the city's promo erty taxes as compared to other cities 4) The need to streamline (where possible) and strive for increased effectiveness in providing services 5) The need to maintain Dositive DartnershiDS with state legislators. conaressmen. and senators 6) The need to improve the citv's imaae with citizens and outside of the city's borders 7) To adapt to a changing economy 15 • Attachment D (Continued) ISSUES AND OPPORTUNITIES (EXPRESSED AS NEEDS) STRATEGIC (1-3 YEARS) • # of votes in top five Council HIGHEST PRIORITY and Staff RANK (5+8) = 13 1) The need to ensure a safe and secure communitv (5+8) = 13 2) The need to aggressively proceed with the city's redevelopment plan (5+8) =13 3) The need to stabilize and improve the city's residential neighborhoods (3+5) = 8 4) The need to positively address the city's changing demographics and increased cultural diversity HIGH PRIORITY (2+4) = 6 5) The need to continue to maintain and upgrade (when and where necessary) the city's infrastructure (1+5). = 6 6) The need to increase communication and collaboration with citizens, other government jurisdictions and agencies, schools, and churches (2+0) = 2 7) The need to respond to the increasing public awareness to become a more `Green' sustainable communitv Note: These rankings are consensus results of council members and department heads each selecting their five highest priority issues. 16 • Attachment E .THE PROPOSED GOALS PROGRAM ONGOING GOALS GOAL # 1 To continue to provide quality services with limited resources GOAL # 2 To ensure the city's financial stabilitv GOAL # 3 To move toward maintaining or lowering the level of the ci 's rooerty taxes GOAL # 4 To streamline (where possible) and strive for increased effectiveness in • providing services GOAL # 5 To maintain a positive DartnershiD with the state legislators, congressmen, and senators GOAL # 6 To improve the 2V 's image with citizens and outside of the city's borders GOAL # 7 To adapt to a changing economy • 17 • Attachment E (Continued) STRATEGIC GOALS 1 - 3 Years HIGHEST PRIORITY GOAL # 1 To ensure a safe and secure communitv GOAL # 2 To aggressively proceed with the city's redevelopment plans GOAL #3 To stabilize and improve the city's residential neighborhoods GOAL #4 To positively address the city's changinSc demographics and increased cultural diversity • HIGH PRIORITY GOAL #5 To continue to upgrade and improve the citv's infrastructure GOAL N To respond to increasing public awareness to becoming more of a 'Green' sustainable communitv • 18 CONTINGENCY PLANNING Attachment F Exoenditure Reduction Options (Council rankings of options) 1) Curtail or eliminate low priority services 2) Reduce the budget cushion 3) Improve operating efficiencies 4) Eliminate or reduce the contingency fund 5) Reduce the number of services provided 6) Reduce employee compensation and benefits 7) Defer capital investments Ootions to Increase Revenues (Council rankings of options) • 1) Increase the use of grants to substitute general fund revenue 2) Use reserve funds 3) Transfer general fund costs to other appropriate funds 4) Increase fee revenues 5) Use non-recurring sources 6) Add new ongoing revenue sources 7) Increase the property tax levy (2010) Executive Limitations (Hands Off Areas) 1) Overhead expenses related to support staff, managers, and supervisors 2) Outsources . 3) Deferring capital investments 4) If choose to use reserve funds - don't use all in one year 19 • Attachment G ROLE AND RESPONSIBILITIES OF THE CITY COUNCIL ..MOST SIGNIFICANT I 1) To provide leadership, direction, and long-range planning for the city 2) To determine policy for the city 3) To hire and monitor the performance of the city manager (to manage city operations) 4) To adopt an annual budget for the city • 5) To represent the collective best interests of the city and the citizens of the city • 20 Attachment G (continued) ROLE AND RESPONSIBILITIES OF INDIVIDUAL COUNCIL MEMBERS MOST SIGNIFICANT I 1) To represent the citizens and be accessible to them 2) To make leadership and policy decisions for the greater good of the city 3) To be prepared for, and participate in, council meetings 4) To act professionally and listen respectfully to other council members, • staff, and citizens 5) To share information and communicate openly with the city manager and other council members • 21 Attachment G (continued) ROLE AND RESPONSIBILITIES - OF THE MAYOR MOST SIGNIFICANT 1) To conduct orderly and effective city council meetings 2) To represent the city at public functions 3) To facilitate discussions on agenda items and help resolve conflict - among council members • 4) To make advisory committee and other appointments as appropriate 5) To sign the city's legal documents 6) To also function as a council member • 22 ROLE AND RESPONSIBILITIES OF THE CITY MANAGER MOST SIGNIFICANT Attachment G (continued) 1) To prepare and provide information for the council, make policy recommendations based on the information, and implement adopted policies 2) To be a liaison between the council and staff 3) To provide leadership and foster a positive work environment for the city's employees 4) To develop and administer the city's annual budget 5) To represent the city before public bodies and community groups 6) To coordinate with local, state, and federal agencies 7) To hire, appoint, develop, evaluate, and terminate (when necessary) city employees • 23 • Attachment G (continued) ROLE AND RESPONSIBILITIES OF THE DEPARTMENT HEADS MOST SIGNIFICANT 1) To provide leadership and goals for their departments 2) To manage the day-to-day operations of their departments 3) To prepare and administer their department's annual budget 4) To communicate and cooperate with other entities in the city 5 To keep the city manager and their department staff informed 6) To provide training and development opportunities for department employees 7) To recommend 'new hires' to the city manager 8) To coordinate with other local, state, and federal agencies 9) To publicly represent the city policies • 24 Attachment G (continued) ROLE AND RESPONSIBILITIES OF ALL CITY EMPLOYEES MOST SIGNIFICANT i 1) To have a positive attitude towards their job and when dealing with the public 2) To be team players 3) To be fiscally responsible 4) To be a positive representative and ambassador of the city 5) To have a strong work ethic 6) To be receptive to, and participate in, training and development opportunities 7) To be innovative problem solvers • 25 • ROLE AND RESPONSIBILITIES OF - THE CITIZENS MOST SIGNIFICANT 1) To vote in city elections Attachment G (continued) 2) To provide fiscal support for city services and operations; i.e., to pay their taxes 3) To keep informed on issues that affect the city and to communicate their concerns to the city's elected officials and staff • 4) To be involved in community affairs 5) To be positive contributors to the community • 26 • Attachment H THE COUNCIL'S EXPECTATIONS OF THE STAFF 0 • 1) "Professional competence" 2) "Honesty, integrity, and ethics" 3) "To follow through on implementing council direction and~goals" 4) "To provide sound fiscal recommendations" 5) "To respond to council's questions" 6), "Teamwork among the staff" 7) "To hire the best and reflect a diverse community" 27 Attachment H (Continued) THE COUNCIL'S CONTRIBUTION TO THE LEADERSHIP TEAM 1) 2) 3) 4) 5) 6) 7) i 9) 10) 0 "To define and set policy" "To support, uphold, and update the city's charter" "To act according to ethical standards" "To represent the will of the citizens" "To be prepared for meetings" "To approve the city's annual budget" "To monitor the performance of the city manager" "To follow parliamentary procedures" "To be of service to citizens responding to questions and to help resolve problems" "To be ambassadors and promoters of the city" 28 • I STAFF'S EXPECTATIONS OF THE COUNCIL 1, • • 1) 2) 3) 4) 5) 6) 7) 8) 9) "To provide policy direction" "To trust and respect the staff as professionals" "To set standards of service for the city" "To be consistent in providing direction" "To prioritize direction" "To remain calm 'under fire'" "To provide honest feedback" "To communicate to staff through the city manager" "To speak with 'one voice'" Attachment H (Continued) 29 • STAFF CONTRIBUTION TO THE LEADERSHIP TEAM 1) "Professional expertise" 2) "Education and experience" 3) "Institutional memory" 4) ."Loyalty, pride, and passion" 5) "Ethics and integrity" 6) "Professional networks" 7) "Vision" 8) "Leadership" 9) "Dedication and commitment to public service" 10) "Respect of the city's employees" 0 Attachment H (Continued) 30 p,#achment 1 THE CITY S T MISSION STATEmEN r ,,.rho mission 0f theter • • oklyrn "en r r° an, safe city of 8 cte . is to ensure a ~tY that ~ attractive commun of life and a enhances e quality th trust rese~es the public p ' 31 • Attachment I (Continued) THE CITY'S VALUES STATEMENT 1) Excellence and Quality in Service Delivery We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. 2) Ethics and Intearitv We believe that ethics and integrity are foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. 3) Visionary Leadership and Planninv We believe that the very essence of leadership is to be visionary and to plan for the future. . 4) Fiscal Responsibility We believe that fiscal responsibility and prudent stewardship of public funds is essential for citizen confidence in government. 5) Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes.. 6) Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. 7) Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. 0 32 • Attachment J THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2009 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT SUMMARY EVALUATION i J The objectives of the session were: r 5 4 3 2 1 Clear Vague 2) The organization of he session was: 3,7 3 3 i t Excellent Poor 3) The ideas press ad were: 3 4 3 2 i Very Not Interesting Interesting 4) The ability of the pr enter to stimulate discussion was: S, ? s 4 3 2 t Excellent Poor 3) My attendance t this session vas: l~/, s a 3 Z i Very 'Haste 9enallciai of Time S) Overall, 1 cons ar :his ias,slan to 'lava uaan: s 4 3 2 i ! Zxcallent moor 33 • THE CITY OF BROOKLYN CENTER COUNCIL AND DEPARTMENT HEADS 2009 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT PARTICIPANT COMMENTS 1) "Session, at time given, held up but for the most part was on track" 2) "Ran a little short on budget discussion" 3) "I'm not opposed to 2010 and 2011" 4) "1 would like that Curt would write a summary of the dollars on the yellow sheet" 5) "The budget info at the end seemed rushed. That has to be an opportunity given . a more or greater place for discussion." 6) "The facilitator is caught up in his structured process that has little value." 7) "While the exercise was nice, the objectives of the retreat again were not entirely completed." • 34 • Work Session Agenda v • 0 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • April 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 1. Strategic Goals/Desired Outcomes-City Manager 2. Dusharme Drive-Name Change-Citizen 3. Surley Brewery Sales Request- City Manager 4. 2009 Budget Adjustments-City Manager 5. American League Donation Request-BCALL 6. Legislative Updates a. District Courts b. LGA and MVHC Reforms c. Administrative Fines d. Street Improvement Districts e. Sales Tax Accounting and Legal Services . f. Council Salary Pay g. Foreclosed Properties Pending List for Future Work Sessions 1. Center Pointe Apartments Update- City Manager 2. TIF Districts Update - City Manager a. Brookdale Mall 3. 2011 Brooklyn Center Celebration- Status Report 4. Housing Program Update- City Manager 5. Banner Installation Policy- City Manager 0 • 0 ask session Agenda It City of Brooklyn Center OT A Millennium Community MEMORANDUM - COUNCIL WORK SESSION DATE: April 9, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City ManaggaA SUBJECT: 2009 Strategic Plan Desired Outcome Statements COUNCIL ACTION REQUIRED Staff is seeking council consensus regarding revised Strategic Plan Desired Outcome Statements BACKGROUND The Staff and City Council met on Saturday February 28.' in a team building and planning retreat. During the retreat there were several exercises completed. One exercise - was the development of a draft set of Strategic Goal Outcome (Key Result Area) Statements. I have reviewed and revised the draft SGO statements so that the form for each statement is more consistent and I have eliminated action steps and strategies from the Outcome Statements. Action steps and strategies will be developed by staff later in the strategic planning process. I have enclosed a copy of the budgeting for outcomes process so that we reviewed at the last meeting and an excerpt of the minutes from the meeting. I have also enclosed the Goal Statements from 3/23/09 and revised ongoing goal statements, based on the discussion at the meeting. Monday we will continue with review of the Strategic Goal Outcome Statements. I would recommend that we devote approximately 30-45 minutes to this discussion. COUNCIL POLICY ISSUES Do the draft policies enclosed, accurately reflect Council policy direction? 0 041609.2009Strategieplan. wrk.mem. doe 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 0 MINUTES EXCERPT MARCH 23" 2009 2009 STRATEGIC PLAN AND BUDGET LIMITATION POLICY Mr. Boganey stated staff is seeking Council consensus regarding the revised Strategic Plan Outcome Statements and Budget Limitations Policy as a follow up to the City Council/Department Head Retreat held on February 28, 2009. Mr. Boganey provided an overview of the Strategic Planning Process, including the following information: 1) City Mission Jointly Developed; 2) Values Statement Jointly Developed; 3) Strategic and Ongoing Goals; 4) Desired Outcomes; 5) Desired Outcome Success Indicators; 6) Department and Program Missions; 7) Program Strategies/Tactics/Performance Measures; 8) Budget Proposals; and 9) Performance Reports. Mr. Boganey provided an overview and answered questions of the Council on the 2009 Ongoing Goals. There was discussion on limiting the desired outcomes to a maximum of three per goal when possible for manageability. There was discussion on the following in relation to the 2009 Ongoing Goals: Goal No. 1, Desired Outcome No. 2: ■ Mr. Boganey explained that staff will present Council with a recommendation on what . might appear to be appropriate benchmarks. Council would adopt the benchmarks if they agree with staff's recommendation. ■ Addition of the following bullet benchmark: Ability to respond effectively to a multilingual population. Goal 2, Goal Desired Outcomes: ■ Three measurable and visible goal desired outcomes of the City's financial stability: 1) City's Al bond rating, 2) City's auditor report with no significant findings, and 3) City's receipt of the Excellence in Financial Reporting Award. o There was discussion on whether the above would be success indicators rather than goal desired outcomes. o Staff will revise Goal No. 2 Desired Outcomes. The majority consensus of the City Council was to direct staff to schedule additional discussion on the 2009 Strategic Plan and Budget Limitation Policy on a future work session agenda. 0 2009 Ongoing Goals • GOAL 1 To continue to provide quality services with limited resources 1. The quality of service delivered by the City will consistently mee t, a or exceed customer expectations 2. We will meet or exceed appropriate benchmark measurements of efficiency and effectiveness, 3. Service delivery processes will be improved on an going basis 4. Effective service for a multi-lingual population GOAL 2 To ensure the City's financial stability y dca DesfiredDu c 1. The City's funds will be secur4bnd protected against loss 2. The City administration will provide meaningful short, interm ate_and long term fiscal planning-, GOAL 3 To move towards maintaining or lowering the level of the City's property taxes >..n G al'Oei t ed.Clutobr6e, 1. Except in extraordinary circumstances the property tax levy will not increase faster than the rate of inflation MEW 2. The City will expand the proportion of the industrial and commercial tax base to relieve the residential property tax burden 3. The inflation adjusted property taxes paid by the median family IJ household will be stabilized or reduced over time Rx Ott, e x } d a A • ; 0 2009 Ongoing Goals 0 0 0 GOAL 4 To streamline (where possible) and strive for increased effectiveness in providing services r5'.: sate: „ , IMF, oal Desir- O coAe 1. The City will seek to improve the cost effectiveness of service delivery on an onoig basis ILK, GOAL 5 To ensure the city's influence at the legislature by maintaining a positive partnership this State and Federal Legislators s .W M Si:ate an ederal legislators w ' inormed regarding City needs that may be affected by legislation 2. We will maintain positive ongoing relationships with State and Federal legislators 3. Lobbyists will be employed on behalf of the City when _ppropriate. a b GOAL 6 To improve the City's image with citizens and 31 outside of the City's borders ,oat Desired`Ou rier 717"' T 7-7- 'Ifl 'v 1. Citizens and others throughout the State will recognize Brooklyn Center as a safe;- quality, attractive community in which tolive work or play 2009 Ongoing Goals 0 GOAL 7 To adapt to a chan in economy . . ~ viii g - oal Desired,-0 r~. L 1. The City will anticipate signifieaii~t changes in the general and locale economy 2. The City will take appropriate actions to buffer essential governments services against the effects of significant economic downturns 3. The City will position itself to benefit from significant economic R growth p .-I - -4/9/2009 9:01AM.._._ . • 0 3 12. -S ts q 2009 Ongoing Goals • GOAL 1 To continue to provide quality services with limited resources Goal Desired Outcome 1. The quality of service delivered by the City will consistently meet or exceed customer expectations 2. Services delivery will meet or exceed appropriate input and output benchmarks measures 3. Processes for service delivery will be improved on an going basis GOAL 2 To ensure.the City's Financial Stability Goal Desired Outcome 1.. The City Al.b.ond rating will be maintained or improved 2. The City will maintain fiscally prudent reserves 3. The City's funds will be properly secured and protected against loss 4. The City administration will provide meaningful short, intermediate and long term fiscal planning GOAL 3 To move towards maintaining or lowering the level of the City's property taxes Goal Desired Outcome 1. Except in extraordinary circumstances the property tax levy will not increase faster than the rate of inflation 2. The City will expand the proportion of the industrial and commercial tax base to relieve the residential property tax burden 3. The inflation adjusted property taxes paid by the median family household will be stabilized or reduced over time 0 2009 Ongoing Goals • GOAL 4 To streamline (where possible) and strive for increased effectiveness in providing services Goal Desired Outcome 1. The City will seek to improve the cost effectiveness of service delivery on an ongoing basis GOAL 5 To ensure the city's influence at the legislature Goal Desired Outcome 1. State and Federal legislators will be kept informed regarding City needs that may be affected by legislation 2.-We- ill maintain positive ongoing relationships with State and Federal legislators 3. Lobbyist will be employed on behalf of the City when appropriate GOAL 6 To improve the City's image with citizens and outside of the City's b orders Goal Desired Outcome 1. Citizens and others throughout the State will recognize Brooklyn Center as a safe, quality, attractive community in which to live work or play 0 2009 Ongoing Goals 0 GOAL 7 To ensure the City's drinking water is high quality and that the City's storm water is properly managed Goat Desired Outcome 1. The City's drinking water will meet or exceed safe drinking water standards of the State of Minnesota 2. Storm water runoff will be managed in an efficient and environmentally sensitive manner 0 2009 Strategic Goals GOAL 1 Ensure a safe and secure community Goal Desired Outcomes 1. The threat and fear of crime among citizens a_nd others will be reduced 2. The threat and fear of property or life loss from fire, among citizens and property owners will be reduced I The threat and fear among citizens and others of life loss or personal injury due to accidents, man-made or natural disaster will be minimized 4. The threat of propertydamage, personal injury s or life loss along our travel ways will be minimized 5. Citizens will feel and be safe in all public areas 0 2009 Strategic Goals • GOAL 2 Aggressively proceed with implementation of the City's redevelopment plans Goal Desired Outcomes 1. Private redevelopment will be expanded and improved 2. Redevelopment of the "Opportunity Site" will commence • 3. Redevelopment of all EDA owned properties will proceed expeditiously 4. Citizens will benefit from the identification and marketing of potential City. redevelopment sites in the 5. Citizens will benefit from the optimal redevelopment of the Brookdale Mail area for the community 6. Citizens and visitors to Brooklyn Center will benefit from the enhanced value and aesthetic appeal of right of way and common areas of the City 0 2009 Strategic Goals 10 Goal 3 Stabilize and Improve Residential Neighborhoods Goal Desired Outcomes 1. Citizens will benefit from life cycle housing opportunities and a diverse stock of housing types and styles 2. The housing stock will be well maintained, healthy, safe, and attractive 3. Owners and occupants of housing in residential neighborhoods will comply with City codes and regulations which will be adequate to assure a safe well maintained and attractive community 4. Owner occupied housing will increase as a percentage of total housing 5. The problems associated with foreclosed residential properties will be dramatically reduced or eliminated 6. There will be attractive and desired amenities within all neighborhoods 7. Citizens will identify with and have pride in their neighborhood 8. Residential property values will improve 0 2009 Strategic Goals • GOAL 4 Positively address the community's demographic makeup and increasing cultural-diversity Goal Desired Outcomes 1. All demographic groups will be represented and participate in civic, governmental, community organizations and activities 2. Youth will be adequately served by recreation and education programs and activities 3. Underserved populations will be served by and • participate in programs/activities available to the community at large 4. The social, health and housing needs of the aging population will be met 5. The social, health care and housing concerns of low and moderate Income persons will be met 0 2009 Strategic Goals GOAL 5 Continue to maintain and upgrade City Infrastructure Goal Desired Outcomes 1. Citizens will benefit from the annual update and implementation of the City Capital Improvement Plan (CIP) 2. Citizens will benefit from an ongoing or accelerated neighborhood reconstruction program as outlined in the CIP 3. Travelers and citizens will benefit from improvements on regional roadways completed in a • timely manner 4. Citizens will benefit from a reduced tax burden for infrastructure projects due to the use of alternative funding sources for these projects 5. Citizens will benefit from the expedited completion of needed infrastructure projects 6. The traveling public will benefit from multi-modal transportation options fostered and provided by the City 7. Citizens will benefit from the expansion and improvement of needed technology infrastructure as viable options become available 0 2009 Strategic Goals GOAL 6 Respond to increased public awareness and interest in environmental sustainability and green community Issues Goal Desired Outcomes 1. Citizen and City government recycling will improve 2. Citizen and the City government energy conservation will improve 3. Citizens and the City government will use alternative energy sources when viable 4. The purchasing power of the City will support the goals of an environmentally sustainable environment 5. Appreciation of the environment will be enhanced and expanded 6. Harmful emissions into the air, water and soil will be reduced 7. Development and redevelopment in the City will be sensitive to the environment impact 0 0 Strategic Planning Process Outline 1. City Mission jointly developed a. City Council Approved 2. Values Statement Jointly Developed a. City Council Approved 3. Strategic Goals a. Established and approved by City Council b. Prioritized by City Council 4. Desired Outcomes • a. Established and approved by City Council b. Prioritized by City Council 5. Desired Outcome Success Indicators a. Staff developed/prepared b. Council reviewed/revised c. Council approved 6. Department and Program Mission a. Staff developed b. City Manager approved 0 • 7. Program Strategies/Tactics/Performance Measures a. Staff developed b. City Manager approved 8. Budget Proposals a. Staff developed b. City Manager recommended c. Financial Commission Reviewed d. City Council Approved 9. Performance Reports a. Reviewed by staff-ongoing b. Reviewed by City Manager-monthly 10. Desired Outcome Reports 11. Reviewed by City Council-quarterly 0 strategic planning process outline.docx Work Session Agenda Item No. Z • 0 City of Brooklyn Center A Millennium Community MEMORANDUM - COUNCIL WORK SESSION DATE: April 8, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manag43 SUBJECT: Dusharme Drive - Name Change Request COUNCIL ACTION REQUIRED Council is asked provide direction to staff in response to the request from Mr. Omar Ansari. BACKGROUND Mt Omar Ansari provided a letter dated March 18a' addressed to the City requesting that - Dusharme Drive be renamed-Surly Circle. Mr. Ansari indicates that no one can find his location nor can they figure out how to spell/pronounce Dusharme. He as indicated a willingness to pay the costs associated with changing the on street sign that points where ` his company is located. In preparation for your discussion the City Engineer prepared some background information for your consideration. Perhaps the most significant findings from the report are that, the origin and history of the current name is unknown. The City has no official policy regarding the renaming of streets and Dusharme does not follow the expected sequence that one might expect. Factors in favor of a name change as requested: 1. There is no official City policy to consider. 2. Only one property owner likely to be affected. 3. No apparent historical link to the City 4. The current name is in consistent with normal expected naming practice Factors against a name change as requested 1. Council has not debated the pros and cons of developing a name change policy that would provide consistent treatment of all petitioners in the future 2. There may be historical significance to the name that we have yet to find 3. If the name were changed it might be easier to find if it were 48th Avenue Circle, Abbott or Beard 4. Changing the name may be viewed as private advertising which some cities prohibit as a matter of policy 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter. org COUNCIL POLICY ISSUES Is it in the interest of the City to change the name of Dusharme Drive to Surly Circle? Is there a precedent associated with this. decision that the Council should be concerned about? Does the City need a policy governing the decision to change street names if so should the policy precede action on this request? • 04.13.09.dusharme.drive.doc 0 March 18, 2009 Dear Brooklyn Center City Council Members and Curt Boganey, Surly Brewing Company would like to request that the street we are on, Dusharme Drive be renamed to Surly Circle. We are the only building/home/address that is located on this street. No one ever can find where we-are nor can they figure out how to spell/pronounce Dusharme-.-if-there are- costs associated with changing the one street sign that points to where we are, • we would be happy to absorb those costs. Please contact me with any questions that you have about this issue. As always, I appreciate all the help the City of Brooklyn Center has given us to make this business a success. Sincere) f Omar Ansad President Cell Phone - 612.210.7228 • 7~ _2_1. ~"bti%_ //0 1 4811 Dusharme Drive Brooklyn Center, MN 55429 tel 763.535.3330 fax 763.35. 7M8 wwwsurlybrewing.com Curt Boyaney 0 o om: nt: Cc: Subject: Curt, Steve Lillehaug Tuesday, April 07, 2009 11:50 AM Curt Boganey Steve Lillehaug Dusharme Drive Info pertaining to BC street naming: 1. History of Dusharme Drive - The history of the name "Dusharme Drive" is unknown at this time. We have researched our records and Dusharme is not readily associated with any documents or info that we have (plats, registered land surveys, a limited history of property ownership dating back to the mid-1900s, old city mapping, etc.). To definitively determine the history, the next recommended step would be to request the City's Historical Society to research the street and/or name and hopefully they would have some info. 2. Official City street naming policy -The City's street naming Ordinance is contained in Chapter 25 - Streets and Highways. Specifically, Chapters 25-401 through 25-418 lists official street name changes but no formal guidelines are contained within the ordinance. 3. Unofficial City street naming guidelines -The City typical has tried to unofficially head-off requests to rename streets unless there was a compelling reason to rename a street. 4,__ Traditionat.street_naming system.and_info -Traditionally, streets, within many of the 1st tier ring suburbs, Minneapolis and some cities further out follow a system that is somewhat consistent from community to community. The system consists of a east-west streets being named consecutively from north to south and • north-south streets being named from a to z from east to west. Most streets in Brooklyn center follow this pattern with few exceptions such as streets that fall within the middle of two consecutive numbered streets, etc. I have not readily been able to put my finger on the origin of this apparent area-wide system but it is systematic and helps in many regards pertaining to wayfinding of streets. Dusharme Drive, however, is one of the few streets that does not follow this system. if it were to follow the system, it would either be a continuation of 48t`' Avenue or it would follow a north-south street and be named Abbott or Beard Avenue as it falls in the general vicinity of either of those north-south street locations. Many street names other than the numbered street names occurred when the properties were platted and were named at that time, again, generally following the grid system naming convention. 5. Hennepin County -The County has indicated that street naming responsibility on City streets is delegated to the City's. 6. Street renaming requirements - If a street is renamed, it must be adopted by ordinance. Other measures that need to be taken include the adjacent properties must be reassigned new addresses. It is the responsibility of the private property owners for changing their individual addresses and everything pertaining to their old/new address. The City would notify entities such as utility companies, Hennepin County, post office, and the affected properties prior to changing the street name. Please let me know if you want me to further pursue developing a DRAFT policy. Thanks. -STEVE Steven L. Lillehaug, PE, PTOE Director of Public Works/City Engineer I City of Brooklyn Center 6301 Shingle Creek Pkwy ) Brooklyn Center, MN 55430-2113 763-569-3328 direct 1763-569-3494 fax ~lillehaueCcDci.brooklvn-center.mn.us From: Curt Boganey Sent: Tuesday, March 31, 2009 3:48 PM Work Session Agenda Item No. 3 • 0 0 Memorandum Date: 9 April 2009 To: Curt Boganey, City Manager From: Daniel Jordet, Director of Fiscal & Support Servii Re: Temporary Off-Sale Location for BC Liquor X In the fall of the year, Surly Brewing holds an open house in connection with the seasonal production and sale of "Darkness," a special beer brewed only in the fall and only made available on tap or in 750cl bottles known as growlers. Surly has grown beyond the State set maximum production size that would still allow the sale of growlers from the brewery. In order for the sale of Darkness in growlers to take place during Surly's special fall event, it is possible that the City of Brooklyn Center could act as the retailer for growlers at the event site by leasing a space and opening a small retail location for the one day event. Surly would act as the brewer, bottler and wholesale distributor of the product. BC Liquor would purchase the product in growlers at wholesale price and sell it to the general public at the usual retail markup. BC Liquor staff would perform the entire retail operation including checking identifications, selling the product, and remitting the proper taxes on the sales to the State of Minnesota. The expected gross margin (after tax submissions) on the sale of Darkness in growlers would be about $ 3.64 per unit. Expected minimum sales would be 4,000 units, producing a gross profit of $ 14,560. Reduction of that amount by a lease payment to Surly for space, staffing costs of about $ 400 for the day, and applicable insurance coverage would produce a net profit after tax submissions of about $ 10,000. Staff requests consideration of this opportunity and solicits your input on allowing staff to prepare the proper paperwork and Council resolutions to allow this event to take place with BC Liquor's participation. 0 • 0 W ork Session mN°• 4 el►da -Ite Ng City of Brooklyn Center A Millennium Community or, EMORANDUM COUNCIL WORK SESSION DATE: April 8, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manage SUBJECT: 2009 Budget Adjustments COUNCIL ACTION REQUIRED The Council is being asked to review the proposed adjustments to the approved 2009 adopted budget and provided feedback and further direction. If these adjustments are deemed acceptable they will be presented at the next regular Council meeting as a general fund budget amendment. BACKGROUND The proposed budget adjustments have been prepared in accordance with the direction provided to the staff during the February 28th retreat. During the contingency planning session of the retreat the Council provided guidance is outline on Attachment F enclosed. i Following the retreat each Department literally reviewed every program and each line item to look for ways to adjust the budget in a manner consistent with your direction. The focus of the budget changes was to preserve high priority services while making other appropriate adjustments as outlined by the City Council. After reviewing all of the options presented by each Department, the Director of Fiscal Services and 1 developed the proposed budget changes which we believe represent the most sustainable adjustments over the next three to five years. We believe these adjustments can be made while maintain the high priority service levels of the City this year. We believe that the adjustments are prudent and fiscally responsible. We believe these adjustments will not lead to increases in property taxes or significant fee increases in future years. With that said, I believe it fair to say that an equal amount of adjustments in 2010 will not be as painless. Staff has already begun the process of anticipating what additional adjustments will be needed for 2010. Throughout the year we will continue to seek more cost effective service delivery methods, additional non-property tax sources and low priority service reductions. As the legislature clarifies the fiscal future we will provide an early indication of what will be needed to balance the 2010 budget. COUNCIL POLICY ISSUES Do the proposed budget adjustments reflect the policy direction of the City Council? Are there further budget adjustments required at this time? • Should the 2009 general fund budget be amended? 04.13.09.budLet.adiustments.doc 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityotbrooklyncenter.org • CONTINGENCY PLANNING Attachment F Exoenditure Reduction Options (Council rankings of options) 1) Curtail or eliminate low priority services 2) Reduce the budget cushion 3) Improve operating efficiencies 4) Eliminate or reduce the contingency fund 5) Reduce the number of services provided 6) Reduce employee compensation and benefits 7) Defer capital investments Options to Increase Revenues (Council rankings of options) 1) Increase the use of grants to substitute general fund revenue 2) Use reserve funds 3) Transfer general fund costs to other appropriate funds 4) Increase fee revenues 5) Use non-recurring sources 6) Add new ongoing revenue sources 7) Increase the property tax levy (2010) Executive Limitations (Hands Off Areas) 1) Overhead expenses related to support staff, managers, and supervisors 2) Outsources i 3) Deferring capital investments 4) If choose to use reserve funds - don't use all in one year 19 Reduce Cushion Curtail/Eliminate Transfer to BU Acct, or overhead Low Priority other Funds Mayor/Council 100 41110 6210 300 6199 2,000 6301 1,000 6432 Total City Manager 41320 6200 300 6210 200 6199 500 6330 200 6432 2,000 6433 500 6434_ 500 Total City Clerk 41430 6331 170 6342 3,000 6433 50 6434 80 6432 500 Total TOTAL Explanation 100 operating supplies 300 general supplies 2,000 audit/charter commission 1,000 conferences/meeting expenses 3,400 300 office supplies 200 operating supplies 500 general supplies 200 transportation 2,000 conferences & schools 500 meeting expenses 500 dues & subscriptions 4,200 170 parking & mileage 3,000 legal notice reductions 50 meeting expense 80 memberships 500 training & conferences - advanced academy 3,800 • 4/9/2009 first round summary (3).xlsx Reduce Cushion Curtail/Eliminate Transfer to BU Acct. or Overhead Low Priority Other Funds TOTAL Finance 41520 6201 200 200 6242 1,000 1,000 6331 200 200 6203 400 400 6434 500 500 6103 18,720 18,720 6122 1,265 1,265 6125 1,430 1,430 6101 42,292 42,292 6122 2,855 2,855 6125 2,621 2,621 6126 613 613 6131 9,803 9,803 6151 304 304 Total 82,203 Assessing 41550 6201 59 59 6210 197 197 6240 52 52 6320 371 371 6330 406 406 6350 23 23 6432 207 207 6433 51 51 6560 280 280 Total 1,646 I • Explanation office supplies lowe cost replacment for equipment travel GASB updates less frequent fewer national memberships temporary UB help funded by utilities temporary UB-help funded by utilities temporary UB help funded by utilities UB Technician to utilities UB Technician to utilities UB Technician to utilities UB Technician to utilities UB Technician to utilities UB Technician to utilities office supplies operating supplies minor equipment communications costs mileage printing conferences meeting expenses lower chair replacement cost first round summary (3).xlsx 4/9/2009 • ate u~tl~Elim►n C Reduce Cushion Gow priority pverhead Acct or sources sv Human Re 2,000 41$10 6219 11Q00 6243 200 6331 50 6333 11040 6351 11500 6432 500 6434 nin9 Zo 250 plan 41910 6330 121 6342 200 6351 6099' Inform` 41920 6102 6307 6408 6432 ~tion Sechn0109Y 980 2,066 6,000 2,Q00 police 42110 6341 6432 42120 62,14 42123 6307 42151 6501 6103 11500 -f,,nsfer to Other -~pTA1- n2,040 employee reeaulpment 1,000 minor computer 204 travel expense 50 freight reduced t 1,000 p nferene & training 1, 504 dues & subscriptions x,250 Total 15452 Total Total 6,555 1,190 9,500 1,025 14,000 82'388 Total 250 121 200 iy 16023 980 2,066 000 change 5 on call structure cost of fiber locates ected costs re0 budget adit lonal training tradit~ontr repair reflects advert 11►j46 advertising 00 reduce position only 115 5~ mandated training uniform purchase 6,5 ator ices risk analysis 1,190 it child en se reduce tar urchas of year 9,500 defer reduce s pplies o"are purchae ~overage~ for 314 1,025 _,4,,,()o defer e\jidence sta~ng X24 'hour reduce station 11 158 tra\jel & mileage legal notices rintmg & foreclosure programs sta~ng from EDp, 41912(309 Transfer t° Curtail/Elin inate Low Priority Other Funds Reduce Cush►°n Acct, or Overhead Bu fire 500 42210 6201 3,000 6203 4,000 6214 200 6217 4,100 6219 6243 1 500 ` 6305 6321 6329 204 6331 10 000 ` 6382 6421 100 6422 5,000 6432 6434 600 6443 1,000 2,240 2,600 1,200 450 -Total code Enforcement 5,728 6099 Total 42411 EmergencY 4ana9emen 10,000 42510 6242 • Explanation TOTAL reduce office supplies uencY 500 reference material freq 3,000 reduce 4,000 turnout gear supplies purchases 200 reduce safety rating supplies 41Q0 lower general OP' Program 1000 curtail Mobile ar`NaCe 1500 medical services shutdown eliminate digital pagers s temp 2'240 mobile air cards for compuser 2,600 240 mileage in firehouses 10,000 utilities savings for Map's 1,200 implementation delay ntenance software maltraining 5,000 cones & 450 du subscriptions 600 ,reimbursements 36,690 decrease part-time intern help 5,728. 5,728 10 000 delay siren replacement 10,000 4/g/2009 .1-, S E►iminate Reduce Cushion Curtail Low Priority._.-- Acct or Overhead `$v Engineering 1 Transfer to otheK Fungi 43110 6 02 6103 210 6201 ' 305 6217 8,600 6243 2,500 6302 2,000 6307 175 6351 500 1 700 6408 , 1 Q00 6422 , 6432_ Stir 43220 6224' 80 6214 500 6217 1,500 6219 200 6241 200 6242 14,000 6404 3,000 6449- -traffic Control 43221 6226 45110 72,000 8,300 3,914 2,50o l 3,175 Total iniStratton Recreation A6d300 6103 Explanation to capital project funds ect funds -fom or Secretary ital prof Direct1 ecretary to cap ect funds , 000 wage transfer for DrectorlS to capital pro! 72 benefits transfer sfer for CeectorjSecretary 8r30Q 3,914 benefits tran lies 210 fewer office supplies lies with desk units house 305 fewer safety supp replace or do in rugged laptops' ital project funds or do in house 8,600 delete nt charges to capital project funds consultant charges to cap ,75 consulta 5,000 nt 5` 175 less printing 500 communication sAutorpj) licenses 1 r7p0 maintain fewer continuing 106,879 aid by utilities 30,000 30,000 utility repairs to be p 80 clothing & eclulpment 500 safety supplies 1500 general supplies 200 small t equip' olent 200 minor avorable prices 14,000 bid savings aintenance 3,000 -reducelshift trail m 49,480 purchase Total signagelstriping material p 3 000 days 3,000 era9e for sick & vacation 300 eliminate pall time cov 6,300 Total 41912009 • Exp~ananon Traver to TpTA~ easonal staff Cushion ~I Elimjnate clothing for s curiai ether Fundi-` 104 reduce deduce Law prwrity sulies or ~erhead 304 chemical per au Acct. Ma1etenance 104 140 safety supp lies parks 040 general supp lies NO 3' 300 irrigation supplies 45201 626 30 materials 100 3,000 landscape 1+es 6217 3,000 200 paint supp supplies 6219 300 ' 1000 athletic field supplies Ices Maintenance supp 622 3,0fl0 ` 200 ten air co 67-25 200 5 f0Q0 rep urchase 6227 11000 100 small tool p er costs 6231 200 100 sanitary sew ices 6233 5,040 240 landscape se contracts 6239 144 140 maintenance It 0()() meet rental 6241 200 ul 6385 1,000 0~ in ng cedleArniriated 6405 200 goose removal Cedu 2,000 6449 100 _16`g00_ 6415 1 6432 2'000 Total 500 reduce tree stock 6449 500 500 fees agent ium forestry Total 545 renegotiate pre 45204 6225' 000 general liability en 7, surance 7,545 Irk 545 ent effort $140 6307 7,004 Total 3 044 curtail deainngje ucat►on funding 4 361' edu S ce tr 6 uPply and SuPP 3,000 fi 040 r Cents' 3,000 ` Total - 481'4 3~ 493,748 551 2-181644 122►553 152, Subtotals: 4(912009 Reduce Cushion Curtail/Eliminate Transfer to BU Acct. or Overhead Low Priority Other Funds TOTAL Overall Reductions/Changes: i 000 45 on Medical Insurance Tighten Calculat , Adjust Fuel Cost 40% 53,000 Defer Central Garage Rate Increases 113,089 Add New CDBG Dollars 110,000 321,089 Subtotal: TOTAL 2009 BUDGET ADJUSTMENTS: 814,837 Explanation • 4/9/2009 first round summary (3).xisx • 0 Work Session Age°da Item N ° • 5 City of Brooklyn Center 4;7 A Millennium Community MEMORANDUM - COUNCIL WORK SESSION DATE: April 9, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manage^ SUBJECT: Brooklyn Center American League Donation Request COUNCIL ACTION REQUIRED Staff is requesting direction regarding a response to the request for a $300 donation to the American Little League. BACKGROUND Mayor Willson has received the subject requested per the enclosed letter. I have enclosed a copy of a page from the Public Expenditures Policy Manual provided by the League of Minnesota Cities. In response the question, can a city donate to a nonprofit organization; the answer given is that "There is no general authority for donating public money to nonprofit organizations." While one might assume that this statement resolves the question it does not. While the request is . made for a donation, it could be interpreted that the organization is actually asking for reimbursement or contribution toward the costs of providing a recreational service to citizens that the City could provide at much higher expense. As long as this service is provided in a non- discriminatory public way as part of a written contract for service would be a lawful expenditure of public funds. It is my opinion that the larger issue facing the City is not the legal issue but the precedent. As you know youth recreational services in Brooklyn Center are provided by a host of non- profit organizations including, the American Little League, National Little League, Brooklyn Area Babe Ruth, Brooklyn Area Youth Football and Brooklyn Area Youth Basketball it would seem very difficult to reimburse one of the organizations for providing this service without the expectation that all of the organizations would make similar requests. It should also be noted that the City own and maintain a field immediately adjacent to the BCALL property. We allow the League to schedule and use this field as the need arises. Additionally, we pay the American Little League $1,200 to provide man power to clean up the fields and park areas after each game of the Dudley Tournament. COUNCIL POLICY ISSUES Is it appropriate to use public funds for the purpose requested? Should the City provide funding to non-profits i.e. the American Little League that provides recreational activities in the City? 04.13.09.1it leleague.doc 0 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www. cityo f brooklyncenter. org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 a V so k"Mi Serving The Youth of Brooklyn Center for over 50 years Brooklyn Center] ittleleazue.com 8601 33d Ave N Brooklyn Center MN 55427 Dear Mr. Willson: The Brooklyn Center American Little League Baseball season is just around the corner! The league has been chartered with Little League International since 1959. The summer of 2009 will be the official 50'' season for Brooklyn Center American Little League. In 2008, there were over 150 boys and girls between the ages of 6 and 12 from Brooklyn Center and Brooklyn Park playing baseball. Brooklyn Center Little League is a non-profit organization that operates on volunteer leadership and community contributions in addition to player fees. Since the league is self-supporting, covering all expenses can be very difficult. We are constantly striving to provide the players and their parents a safe, fun and successful summer of baseball. The player fee covers some of this cost and also the cost of the uniform, pants, socks and hat, all of which the player keeps at the end of the season. order to keep the player fees at an affordable level, while still maintaining and improve our facilities we are ping out to to our community for assistance. We are requsting a $300.00 donation from the City of Brooklyn Center to help us achive our goals. If this is something that you can do for us, you may send payment to our Sponsor Coordinator, Mychelle Rossberg at 7344 James Avenue North, Brooklyn Park, MN 55444. Thank you for your time and support. We look forward to working with you and the City this year. Sincerely, Teresa Wetterheim, President Brooklyn Center American Little League 0 Work SeSSlon Agenda item No. 6 • 0 City of Brooklyn Center O:r A Millennium Community MEMORANDUM - COUNCIL WORK SESSION DATE: April 9, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manager~ SUBJECT: Legislative Updates COUNCIL ACTION REQUIRED This information is being provided as background only. No official action is required but in some cases individual Council members may choose to contact our elected representatives. In other cases the Council may decide to take an official position at a regular Council meeting. It is important to note that most of the pending bills are in a continuous state of flux and will not be finalized for several weeks. BACKGROUND One of City Councils Ongoing Goals is to maintain a partnership with state legislators in order to facilitate the interest of the City. I have identified several pending laws under consideration at the legislature that the staff and I thought would be of interest to you because if enacted they may positively or negatively impact the City. In some cases staff has had contact with the legislature to voice our opinion from a staff perspective or from the perspective of adopted council policy. Occasionally we will be consulted by a legislator or a lobbying group for input on a particular piece of legislation. It should be noted that the City is represented on most if not all of the important legislative issues by the League of Minnesota Cities, North Metro Mayors Association and Metro Cities through the policymaking and lobbying process. Monday, I will provide a brief synopsis regarding of some of the most significant pending bills with Staff comments regarding the way the City may be affected. COUNCIL POLICY ISSUES Does Council wish to speak as a Council regarding any of the pending legislative issues being considered by the State Legislature? Are there legislative issues that Brooklyn Center should initiate for consideration by the State Legislature? Is there further direction to be given to staff regarding pending legislative issues? • 04.13.09. legislative.update.doc 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www. cityofbrooklyncenter. org