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HomeMy WebLinkAbout2005 02-28 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION February 28, 2005 6:00 P.M. City Council Chambers 1. City Council Discussion of Agenda Items and Questions 2. Discussion of Work Session Agenda Items as Time Permits 3. Miscellaneous 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center February 28, 2005 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. 4. Roll Call 5. Pledge of Allegiance 6. Council Report 7. 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 Couricilmember 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 Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. February 14, 2005 Study Session 2. February 14, 2005 Regular Session 3. February 14, 2005 Work Session b. Licenses C. Resolution Approving Final Plat, OSSEO SCHOOLS WILLOW LANE ADDITION d. Resolution Accepting Work Performed and Authorizing Final Payment for Improvement Project No. 2004 -15, 2004 Miscellaneous Concrete Repairs CITY COUNCIL AGENDA -2- February 28, 2005 8. Public Hearing Items a. Improvement Project Nos. 2005 -01, 02, 03, and 04, Lions Park South Neighborhood Street, Storm Drainage, and Utility Improvements 1 Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2005 -01, 02, 03, and 04, Contract 2005 -A, Lions Park South Neighborhood Street, Storm Drainage, and Utility Improvements *Requested Council Action: Motion to open Public Hearing. —Take public input. Motion to close Public Hearing. Motion to adopt resolution. 2. Resolution Certifying Special Assessments for Improvement Project Nos. 2005 -01 and 2005 -02, Contract 2005 -A, Lions Park South Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Requested Council Action: Motion to open Public Hearing. —Take public input. Motion to close Public Hearing. Motion to adopt resolution. b. Proposed Use of 2005 Urban Hennepin County Community Development Block Grant Funds 1. Resolution Approving Projected Use of Funds for 2005 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements *Requested Council Action: Motion to open Public Hearing. —Take public input. Motion to close Public Hearing. Motion to adopt resolution. 9. Planning Commission Items a. Planning Commission Application No. 2005 -002 Submitted by Bear Creek Capital, LLC. Request for Preliminary Plat approval to combine eight existing lots located at the northwest corner of County Road 10 (58th Avenue North) and Brooklyn Boulevard into two lots. The Planning Commission recommended approval of this application at its February 17, 2005, meeting. Requested Council Action: Motion to approve Planning Commission Application No. 2005 -002 subject to the conditions recommended by the Planning Commission. CITY COUNCIL AGENDA -3- February 28, 2005 b. Planning Commission Application No. 2005 -003 Submitted by Bear Creek Capital, LLC. Request for Rezoning from R -1 and C -1 to PUD /C -2 and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy on a proposed 1.53 acre site located at the northwest corner of County Road 10 and Brooklyn Boulevard. The Planning Commission recommended approval of this application at its February 17, 2005, meeting. 1. Resolution Regarding Disposition of Planning Commission Application No. 2005 -003 Submitted by Bear Creek Capital, LLC. 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Northwest Corner of County Road 10 and Brooklyn Boulevard) *Requested Council Action: Motion to adopt resolution. Motion to approve first reading of ordinance and set second reading and Public Hearing for March 28, 2005. C. Planning Commission Application No. 2005 -004 Submitted by Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh. Request for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5445 and 5441 Camden Avenue North. The Planning Commission recommended approval of this application at its February 17, 2005, meeting. Requested Council Action: Motion to approve Planning Commission Application No. 2005 -004 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Resolution in Support of Solid Waste Management Coordinating Board's Legislative Initiative to Create a Viable Solution for Electronic Waste Requested Council Action: Motion to adopt resolution. b. Proclamation Declaring March 2005 to be Minnesota FoodShare Month *Requested Council Action: Motion to declare March 2005 to be Minnesota FoodShare Month. C. Resolution Authorizing an Agreement With Independent School District 279 for Exchange of Land Requested Council Action: Motion to adopt resolution. d. Resolution Authorizing an Agreement With Independent School District 279 for Joint Use of Land *Requested Council Action: Motion to adopt resolution. CITY COUNCIL AGENDA 4- February 28, 2005 e. Mayoral Appointments to Financial Commission and Northwest Hennepin Human Services Council Advisory Commission Requested Council Action: Motion to ratify mayoral nominations. f. Report on Franchise Fees -Requested Council Action: None, report only. 11. Adjournment I City Council Agenda Item No. 7a 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 FEBRUARY 14, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:06 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager Director of Operations Curt Boganey, Public Works Director City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, and City Clerk Sharon Knutson. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested the following change to the January 24, 2005, City Council Work Session minutes: Page 3, Paragraph 2, second sentence should read, "She inquired if the land is owned by the Osseo School District and whether or not the Brooklyn Center taxpayers in the Osseo School District will be taxed for the adult education center." Councilmember O'Connor requested the following changes to the January 24, 2005, City Council Meeting minutes: Page 5, Item No. 8a, last sentence should read, "A motion by Councilmember Lasman, seconded by Councilmember O'Connor to continue the Public Hearing to February 14, 2005, and to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest corner of 71 st Avenue North and Brooklyn Boulevard)." Page 6, Item No. 8b, last sentence should read, "A motion by Councilmember Carmody, seconded by Councilmember Lasman to continue the Public Hearing to February 14, 2005, and to table An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition. Page 8, Item No. 9a, Condition No. 6, add "d" to the word replace. 02/14/05 -1- DRAFT Councilmember O'Connor inquired about Item No. 7c, Application and Permit for a Temporary On- Sale Liquor License Submitted by St. Alphonsus Parish, 7025 Halifax Avenue North, for an Event to be Held March 12, 2005. She noted that the memorandum cites the State Statutes, which state that the license must first by approved by the Commissioner of Public Safety. City Clerk Sharon Knutson responded that the governing body of the municipality must first approve the application and permit and then submit to the Minnesota of Department of Public Safety Alcohol and Gambling Enforcement Division for approval by the Commissioner of Public Safety. Councilmember Lasman requested the following change to the January 24, 2005, City Council meeting minutes: Page 15, Item No. 10j, fourth paragraph, second sentence should read, "She said 85% must be donated back to charitable organizations in the trade area and 15 can be used for charitable organizations outside of the trade area." Councilmember Lasman discussed Item No. I Oa, Resolution Approving Metro Transit Authority Request for Variance from State Fire Code and Location of Fuel Tank Enclosure, regarding the size of the fuel tanks. She said the Fire Chief's memo dated January 26, 2005, indicated 22,000 gallon tanks, the Resolution indicated 24,000 gallon tanks, and the Fire Chief's memorandum included with the variance request indicated 22,500 gallon tanks. Mr. McCauley said that representatives from Metro Transit would be available to answer these questions at the regular City Council meeting. Councilmember Lasman said she is a volunteer for Brooklyn Peacemaker and inquired if there would be any conflict of interest if she were to vote for Item No. l Ob, Resolution Authorizing the Execution of Agreement for the Peacemaker Diversion Grant. Mr. McCauley responded that there would be no legal .conflict of interest. Councilmember Lasman inquired about Item No. l Oe with regard to the Earle Brown Heritage Center parking lot reconstruction. Mr. McCauley responded that the project includes the old portion of the parking lot, not the parking lot that was recently constructed. There was discussion regarding the proper procedure for moving from the Study Session to the Informal Open Forum if no one from the audience is present to speak at the Informal Open Forum. It was decided that the Study Session would be adjourned to the Open Forum and if no one were present to speak at the Open Forum, then Open Forum would be adjourned and the Study Session could be reconvened. Councilmember Carmody requested that the licenses for rental dwellings include the number of units for apartment complexes. 02/14/05 -2- DRAFT Councilmember- Carmody inquired about Item No. 9a, An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard). She inquired if there was an expiration date on the rezoning. Mr. McCauley responded that there is not an expiration date on the rezoning, but depending on Osseo School District's redevelopment project, it may be that the zoning for this property needs to start over if the school district makes changes. Councilmember Carmody inquired about Item No. 10e, Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project No. 2004 -14, Shingle Creek Parkway and Summit Drive Street, Storm Drainage, and Utility Improvements, regarding the bike and walking paths and whether or not those trails would be unusable for a period of time. Director of Public Works City Engineer Todd Blomstrom responded that one of the trails would be removed and the other trail would be reconstructed as a shared use trail. During the time of the construction, the trails would be unusable for a short period time. Councilmember Niesen said she is disappointed with the number of special assessments on the levy roll for people who have not paid their water bill. There was discussion regarding the process of levying these unpaid utility bills, and Mr. McCauley said that the Council had made a policy decision to not shut off water and to use special assessments to collect the unpaid bills with interest and penalties. He indicated that residents are notified several times regarding their late utility bills, late fees are added, and then all these fees are added to the assessment. There was discussion regarding when the City actually gets the money for these delinquent utility bills. Mr. McCauley said the City carries the cost of customers getting water and the City benefits in premium prices being paid through the assessment process. Mr. McCauley said that once the Public Hearing is set for these assessments, notice will be mailed to those with delinquent utility bills and a number of those people will come and pay off the delinquent bills prior to the hearing date. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Study Session. Motion passed unanimously. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Informal Open Forum at 6:45 p.m. Motion passed unanimously. No one appeared before Informal Open Forum. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum. Motion passed unanimously. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. 02/14/05 -3- DRAFT RECONVENE STUDY SESSION Councilmember Niesen inquired about Item No. l Oh regarding Social Service Funding and when Five Cities Transportation was first funded. Mr. McCauley responed that he is not certain when it began, but he recalls in 1995 for the 1996 budget that the Council had discussed not funding Five Cities Transportaion. Mayor Kragness said that there is no other transportation for seniors to get things like groceries and pharmaceutical items. In response to an earlier question relating to fuel tank size, Mr. McCauley said he had received the information regarding the discrepancy in size of fuel tanks. He reported that depending on the manufacturer, the fuel tanks come in standard sizes of either 22,500 gallons or 24,000 gallons. Councilmember O'Connor inquired about Item No. l Oh with regard to Social Service Funding and the $6,790 request from Reach for Resources. There was discussion regarding the program and the services REACH provided to people with disabilities. Mr. McCauley explained that the reason the Social Service Funding item is on the agenda is that there are long lead times if the Council would want to pull out of Joint Powers Agreements. Mr. McCauley said that if an organization is requesting money from the City, it may be budgeted in hopes of receiving charitable contributions for that service organization. WORK SESSION AGENDA ITEMS AS TIME PERMITS No time permitted for discussion of Work Session agenda items. MISCELLANEOUS There were no miscellaneous items. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study Session at 6:56 p.m. Motion passed unanimously. City Clerk Mayor 02/14/05 -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 FEBRUARY 14, 2005 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager Director of Operations Curt Boganey, Director of Public Works City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. No one appeared before Informal Open Forum. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Informal Open Forum at 6:46 p.m. 2. INVOCATION Councilmember Lasman offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager Director of Operations Curt Boganey, Director of Public Works City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 02/14/05 -1- DRAFT 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that she attended the Council Retreat on February 5, 2005. Councilmember Carmody reported that she attended the 94th Birthday Party of the City on February 5th and a watershed meeting on February 10th. Councilmember Lasman reported that she attended the January 27th and February 3rd final Special Events Committee meetings for the 94th Birthday Celebration which was held on February 5th and which she also attended. She explained that the banner that is posted behind the Council dais is a mural that the 5th and 6th graders put together from the Earle Brown Elementary School. The mural was displayed at the 94th Birthday Celebration and will go from the City Council Chambers to the Brookdale Library and then back to Earle Brown Elementary School. She also attended the February 12 Family Fun Day sponsored by the Lions Club. Councilmember O'Connor reported that she attended the Northwest Suburbs Cable Communications Commission on February 10, and there will be an open house at Channel 12 on March 21 for citizens to see the new equipment. She also said she attended the 94th Birthday Party on February 5th. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested that Item No. I Oi be moved up to Item No. 10a, as the honoree was in the audience, and that the rest of the Council Consideration Items be renumbered consecutively following 10a. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the agenda and consent agenda with the amendment of moving Item No. I Oi to Item No. 1 Oa and amending the January 24, 2005, City Council Study Session minutes as follows: Page 3, Paragraph 2, replace second sentence with the following language: "She inquired if the land is owned by the Osseo School District and whether or not the Brooklyn Center taxpayers in the Osseo School District will be taxed for the adult education center." and amending the January 24, 2005, City Council Regular Session minutes as follows: Page 5, Item No. 8a, replace last sentence with the following language: "A motion by Councilmember Lasman, seconded by Councilmember O'Connor to continue the Public Hearing to February 14, 2005, and table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land` (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard)." Page 6, Item No. 8b, replace last sentence with the following language: "A motion by Councilmember Carmody, seconded by Councilmember Lasman to continue the 2/ 14/ 5 -2- DRAFT 0 0 Public Hearing to February 14, 2005, and to table An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition." Page 8, Item No. 9a, Condition No. 6, add "d" to the word produce. Page 15, Item No. l Oj, replace fourth paragraph with the following language: "She said 85% must be donated back to charitable organizations in the trade area and 15% can be used for charitable organizations outside of the trade area." Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the January 10, 2005, Work Session minutes; the January 24, 2005, Study Session minutes as amended; the January 24, 2005, Regular Session minutes as amended, and the January 24, 2005, Work Session minutes. Motion passed unanimously. 7b. LICENSES There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the following list of licenses: FIREWORKS Target Corporation 6100 Shingle Creek Parkway GASOLINE SERVICE STATION Brooklyn Amoco Inc. 6044 Brooklyn Boulevard LIOUOR CLASS B ON -SALE INTOXICATING AND SUNDAY Days Inn 1501 Freeway Boulevard Holiday Inn Select 2200 Freeway Boulevard [liquor licenses approved subject to submittal of liquor liability insurance certificate] MECHANICAL Northern Air Corporation 75 S Owasso Blvd, Little Canada WD Mechanical 4354 Chicago Ave N, Minneapolis PUBLIC DANCE Coyote Grille 2101 Freeway Boulevard RENTAL Renewal. 5301 Dupont Ave N James DeBellis 2 disturbing peace, 1 weapons 02/14/05 -3- DRAFT 6807 -13 -19 Humboldt Ave N Martha Ann Demetriou (Humboldt Court Apartments) I assault, I disturbing peace 1312 72nd Ave N Curtis Cady 0 calls 6109 -11 -13 Beard Ave N James Bobbie Simons 0 calls 5347 -53 Brooklyn Blvd Randall Cook 0 calls 6915 Brooklyn Blvd Curtis Cady 0 calls 5000 A, B, C, D France Ave N Dean Gannon, Cross County Properties 0 calls 2741 Freeway Blvd (Motel 6 Manager's Apt) Motel 6 1 drug (manager) 6511 -21 Humboldt Ave N (The Pines) The Pines North LLC 28 disturbing peace, I weapons, 2 drugs 7211 Girard Ave N Tommy Vang 0 calls 1537 Humboldt Place N Suburban Properties, LLC 0 calls Initial: 231855 th Ave N Sean Chun 1 disturbing peace 3225 64 Ave N Kao Yang 0 calls 6200 Brooklyn Blvd John French 0 calls 5548 Girard Ave N Berisso Bekuto 0 calls 2718 O'Henry Road Wade Klick 0 calls 5805 Pearson Drive Michael Staye 0 calls SIGNHANGER Imaginality, Inc. 6182 Olson Memorial Hwy, Golden Valley TOBACCO RELATED PRODUCT Holiday Inn Select 2200 Freeway Boulevard Motion passed unanimously. 02/14/05 -4- DRAFT 7c. APPLICATION AND PERMIT FOR A TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS PARISH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MARCH 12, 2005 There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the Application and Permit for a Temporary On -Sale Liquor License submitted by St. Alphonsus Parish, 7025 Halifax Avenue North, for an event to be held March 12, 2005. Motion passed unanimously. 8. APPEARANCE REX NEWMAN, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION UPDATE Rex Newman, resident representative for the Northwest Suburbs Cable Communications Commission, addressed the City Council and provided an update on the function of Northwest Suburbs Cable Communications Commission. He said the Commission negotiates, adopts, and enforces franchises with cable television providers for its nine member cities. He explained that the Commission collects franchise and local programming fees from the franchise, which is currently Comcast. He discussed Northwest Community Television and explained that it provides the local and public access facilities and programming seen in the member cities. He said it is largely funded by the Northwest Suburbs Cable Communications Commission. He also noted that in 2004 a small refund was given back to its member cities. He said there continues to be discussion in the legislature, hearings at the Federal Communication Commission (FCC), and actions brought in various courts regarding franchising authority, provider regulation, and related taxes. There was discussion regarding Cable Channel 16, the City's local channel for bill boarding. Mr. Newman explained there is no policy regarding broadcasting on Channel 16, and currently the Brooklyn Center City Council meetings are replayed at least 2 or 3 times with no set schedule for additional replays or replays of City Council meetings of other cities. There was further discussion regarding viewership and subscribers. Mr. Newman indicated there are viewership summaries that he receives annually. Councilmember Niesen said that she would like to open up the discussion regarding viewing City Council meetings of other cities and reduce the scrolling on channel 16. Mr. McCauley said that the new cable character generator that is necessary for the cable scrolling is approximately $20,000 to $30,000, and currently the City uses antiquated equipment. Mr. Newman concluded his presentation inviting citizens to the open house to be held on March 21, 2005, to see the new equipment and also said he would provide Councilmember O'Connor with the viewership summaries. 9. PUBLIC HEARING ITEMS 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 71ST AVENUE NORTH AND BROOKLYN BOULEVARD) 02/14/05 -5- DRAFT Mayor Kragness introduced An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard). Mr. McCauley said that Osseo School District has not filed the final plat. It is recommended to re -open the Public Hearing, take public input, and continue the Public Hearing and table the Ordinance until March 14, 2005. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council A motion by Councilmember Carmody, seconded by Councilmember Lasman to continue the Public Hearing to March 14, 2005. Motion passed unanimously. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classifications of Certain Land (Southwest Corner of 71 st Avenue North and Brooklyn Boulevard) to March 14, 2005. Motion passed unanimously. 9b. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LANG ADDITION, REPLAT OF BLOCK 2 LANG ADDITION AND CENTER BROOK ADDITION Mayor Kragness introduced An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition. Mr. McCauley said this item relates to the same issue as Item No. 9a in that Osseo School District has not filed the final plat. It is recommended to re -open the Public Hearing, take public input, and continue the Public Hearing and table the Ordinance to March 14, 2005. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to re -open the Public Hearing. Motion passed unanimously. No one wished to address the Council. There was motion by Councilmember Lasman, seconded by Councilmember Carmody to continue the Public Hearing to March 14, 2005. Motion passed unanimously. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to table An Ordinance Vacating Certain Drainage and Utility Easements Within Lang Addition, Replat of Block 2 Lang Addition and Center Brook Addition to March 14, 2005. Motion passed unanimously. 02/14/05 -6- DRAFT 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION RECOGNIZING ASHLEE KEPHART AS A DISTINGUISHED FINALIST IN THE 2005 PRUDENTIAL SPIRIT OF COMMUNITY AWARDS This item was moved from Item No. l0i to Item No. 10a. Mayor Kragness read the resolution recognizing Ashlee Kephart as a Distinguished Finalist in the 2005 Prudential Spirit of Community Awards and presented her with a copy of the resolution and letter of commendation. RESOLUTION NO. 2005-28 Councilmember Lasman introduced the following resolution and moved its adoption as amended: RESOLUTION RECOGNIZING ASHLEE KEPHART AS A DISTINGUISHED FINALIST IN THE 2005 PRUDENTIAL SPIRIT OF COMMUNITY AWARDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10b. RESOLUTION APPROVING METRO TRANSIT AUTHORITY REQUEST FOR A VARIANCE FROM STATE FIRE CODE AND LOCATION OF FUEL TANK ENCLOSURE Mr. McCauley said that Metro Transit Authority is requesting a variance from the State Fire Code to allow two 24,000 gallon above ground fuel storage tanks as opposed to four 12,000 gallon above ground fuel storage tanks. He explained the Fire Chief had reviewed the plan and has recommended a dry deluge sprinkler system over the tank system and does not see any significant problems with the variance request. He said that Metro Transit is proposing to put some type of concrete enclosure around the fuel tanks which would match the exterior of the existing building. He said the maximum size for the fuel tanks is 24,000 gallons, depending on the manufacturer. Chris Bratsch, Senior Project Engineer, Metro Transit, and John Bryan, Metro Transit Facility Engineer, addressed the City Council. Mr. Bratsch said that based on the Council's request at its last meeting, new renderings had been drawn to enclose the fuel tanks with a concrete enclosure that would match the exterior concrete of the existing building. Councilmember O'Connor inquired if Metro Transit is able to fire sprinkler the area as recommended by the Fire Chief. Mr. Bratsch responded affirmatively. Fire Chief Ron Boman addressed the Council and said the State of Minnesota has turned over a variance request to the local level for approval. He said that 12,000 gallon fuel tanks are not required 02/14/05 -7- DRAFT to have fire sprinkler systems, but he was recommending the dry deluge sprinkler system over the tank system to allow the fire department to hook up to a stand pipe to apply the foam. He further explained the deluge fire sprinkler system and how it works. Councilmember Carmody noted that the request for two 24,000 gallon fuel tanks is quite a reduction in size from the current fuel tank storage of 110,000 gallons and inquired if the old tanks are being removed. Mr. Bryan responded that they no longer need as many types of fuel, and the underground tanks would be removed. Councilmember Niesen inquired if the MPCA is involved. Mr. Bryan responded that the MPCA is involved when the tanks are removed to notify them to take the underground tanks off the list. RESOLUTION NO. 2005 -29 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING METRO TRANSIT AUTHORITY REQUEST FOR A VARIANCE FROM STATE FIRE CODE AND LOCATION OF FUEL TANK ENCLOSURE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. loc. RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE PEACEMAKER DIVERSION GRANT Mr. McCauley explained that the City would serve as a conduit for Peacemaker, as the City has to receive the grant funds to pass through to Peacemaker. RESOLUTION NO. 2005 -30 Councilmember Niesen introduced the following resolution and moved its adoption as amended: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR THE PEACEMAKER DIVERSION GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10d. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2005-05, TWIN LAKE AVENUE RECONSTRUCTION AND AWARDING CONTRACT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL ENGINEERING SERVICES 02/14/05 -8- DRAFT this project was originally inall included in the 2002 Southwest explained that t s Mr. McCauley p p g y Neighborhood Improvement Project. He said the area was removed from the project because the water table had increased due to a lot of rain. He said Short Elliot Hendrickson, Inc. would do the design work as it is a very technical, complicated project. Councilmember Niesen inquired about the estimated fee of $29,500. Director of Public Works City Engineer Todd Blomstrom addressed the Council and explained that the fee includes the feasibility report, geotechnical design, and plan revisions. Mr. McCauley explained that the work not included in the scope may need to be done by other contracts. Councilmember Niesen inquired about the assessments, whether or not they would be higher due to the complicated project. Mr. McCauley responded that the people are assessed equally for the street reconstruction. There was discussion regarding the soil sampling and the potential existence of contaminants, and Mr. Blomstrom explained that nothing substantial was found in the sampling. He explained if there is contamination found, the City may need to look to Joslyn for remediation. Mr. McCauley explained that there would be neighborhood meetings along with mailings to the residents involved in the street improvement project once the project is approved. RESOLUTION NO. 2005 -31 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2005 -05, TWIN LAKE AVENUE RECONSTRUCTION AND AWARDING CONTRACT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL ENGINEERING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10e. RESOLUTION CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. McCauley explained that this Resolution would set March 14, 2005, for the Public Hearing on proposed special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent public utility service accounts. 02/14/05 -9- DRAFT RESOLUTION NO. 2005 -32 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. lot RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2004 -14, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley explained that this Resolution would call for a Public Hearing on March 14, 2005, for Improvement Project No. 2004 -14, Shingle Creek Parkway and Summit Drive street, storm drainage and utility improvements. Councilmember Carmody inquired about the 295 foot section of sanitary sewer found to have a reverse grade along Summit Drive. Mr. Blomstrom responded that segments of the road were built at different times and it's hard to tell what may have taken place but possibly it was due to settling. Councilmember Carmody inquired about the path around Palmer Lake. Mr. Blomstrom explained that the trail segments will be removed and the trail will not be usable for approximately one month. The trail will be widened as a multi use trail. Councilmember Carmody inquired if the trail would be posted with a notice regarding its closure. Mr. Blomstrom responded that traffic control signs would be placed at the entrances to the trails. RESOLUTION NO. 2005 -33 Councilmember Lasman introduced the following resolution and moved its adoption as amended: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2004-14, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember O'Connor. Motion passed unanimously. 2 0 /14/05 -10 DRAFT log. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2004-14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley explained that this Resolution would set March 14, 2005 for a Public Hearing on proposed special assessments for Improvement Project No. 2004 -14. RESOLUTION NO. 2005 -34 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2004 -14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10h. RESOLUTION IN SUPPORT OF SOLID WASTE MANAGEMENT COORDINATING BOARD'S LEGISLATIVE INITIATIVE TO CREATE A VIABLE SOLUTION FOR ELECTRONIC WASTE Mr. McCauley explained that in July 2005 electronic waste such as computer monitors and TV's will be prohibited in the mixed waste stream. He said this Resolution would support Hennepin County's legislative initiative to create a viable solution for electronic waste. There was discussion regarding the status and powers of the Solid Waste Management Coordinating Board (SWMCB), the responsibility of recycling electronic waste, and how electronic waste is currently recycled. Mr. McCauley said he doesn't have any specific information on this issue beyond what was supplied by Hennepin County and suggested tabling this item to receive more information from Hennepin County or Dan Ruiz, Recycling Coordinator for Hennepin Recycling Group. There was a motion by Councilmember Niesen, seconded by Councilmember O'Connor to table a Resolution in Support of Solid Waste Management Coordinating Board's Legislative Initiative to Create a Viable Solution for Electronic Waste to a future City Council meeting. Motion passed unanimously. 02/14/05 4 -11- DRAFT I 10i. SOCIAL SERVICE FUNDING Mr. McCauley explained that pursuant to City Council policy, Joint Powers Agreements that are accounted for in the Social Services portion of the budget are reviewed in February of even years. He said currently there are three Joint Powers Agreements, those being Project Peace, Northwest Hennepin Human Services Council, and Five Cities Transportation. He said the policy contemplates that we would proceed to plan for the next budget with continuation of the Joint Powers Agreements unless the City Council takes an affirmative step to review continued participation. He further stated that the reason to discuss the Joint Powers Agreements now is that they generally have a long lead time to withdraw from those agreements. Councilmember O'Connor inquired how much these organizations spend on administration. Mr. McCauley responded that the budget reports for these organizations could be provided to the City Council. There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to table this item to a future meeting to receive more information and the budget reports. Motion passed unanimously. 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to adjourn the City Council meeting at 8:15 p.m. Motion passed unanimously. City Clerk Mayor 02/14/05 -12- 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 FEBRUARY 14, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council Economic Development Authority met in Work Session and was called to order by Mayor President Myrna Kragness at 9:42 p.m. ROLL CALL Mayor President Myrna Kragness and Councilmembers Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Executive Director Michael McCauley, Assistant City Manager Director of Operations Curt Boganey, Community Development Director Brad Hoffman, and City Clerk Sharon Knutson. HMONG AMERICAN SHOPPING CENTER Dan Vang, representing the Hmong American Shopping Center, addressed the Economic Development Authority (EDA) and said that Mr. Lee, owner of the Hmong American Shopping Center, was also in attendance at this meeting. He said they are interested in redeveloping the Hmong American Shopping Center site, noting that they had previously brought before the EDA the Little Asia concept, but the site was too small; and in an attempt to move the Little Asia concept onto an alternative site, the alternative site was too large. He said that they had been working with DJR Architecture Inc., Crockett Associates Inc., Gordy Jensen, and Maxfield Research Inc. on making this a viable redevelopment. He said he was here this evening to present a redevelopment concept to the EDA and looking for direction and guidance from the EDA. Dean Dovolis, DJR Architecture Inc., addressed the EDA and outlined the redevelopment proposal for the Hmong American Shopping Center site. He displayed a schematic of the proposed redevelopment which showed a combination of condominiums, townhomes, and retail with a detention pond in the middle of the project located underneath the overhead power lines. He said the redevelopment includes 122 condominiums (one three -story building and one four -story building) and 56 townhomes. 5,000 sq. ft. of retail is planned for the corner of the three -story condominium. He reviewed the concepts and components of the site, including building materials. He explained that the retail space is attached to the condominium which transitions well to the residential area. He said the retail area would be leased by stores such as coffee shops and neighborhood convenience shops. 02/14/05 -1- DRAFT Y Mary Bujold, Maxfield Research Inc., addressed the EDA and said that Maxfield had prepared a market study for this project. She said the condominium prices would run $150,000 to $230,000 each. The townhomes would run $200,000 to $255,000 each. She further stated that the market study shows there is demand for owner occupied housing. She said that it was recommended the condominium portion be phased, building the smaller condominium first and then phasing in the second condominium with the townhomes starting construction at the same time. She explained the target market for the condominiums is not only older adults and empty nesters but also younger people just starting out. The target market for the townhomes is married couples with one child or single persons. She said there is a diversity of people attracted to this type of housing. Commissioner Lasman inquired about the request for City funding in the amount of $7,975,000. Gordy Jensen, Jensen Sondrall, said he is working with the numbers and there are no final costs yet. He explained that this evening they are looking to the EDA for reaction to this concept and whether or not it is an acceptable development. Commissioner O'Connor said she believes it is too expensive for the citizens. Mayor Kragness said that the Maxfield report indicates there is a need for this type of housing and that people do want it. She discussed the 53rd Avenue Project and how there was doubt that those homes would sell at the market rate, but the homes did sell quite quickly. Commissioner Niesen inquired if the drawings that they were reviewing were done specifically for the Hmong American Shopping Center site. There was also discussion regarding the level of noise from the freeway. Mr. Dovolis responded that the drawings were designed for the site and were a transition between the freeway and housing, balancing in the parking area and green space. He reviewed the geometrics of the site for mitigation of noise from the freeway wall and showed how the placement of buildings allow the noise to flow through. He also discussed that the quality of insulation and type of windows would factor into noise mitigation. He further discussed that this site lends itself to housing as it is orphaned retail property that has been divorced from other retail by T.H. 100. There was discussion regarding the cost of this redevelopment and the need for City financing. Mr. Jensen said that financial numbers can be put together based upon the design and features. Mayor Kragness noted that the land and clean up is quite costly and there is an additional request for public assistance from the City. Council discussed the density of the housing project and expressed concern that the four -story building was too high and the project possibly too dense. 02/14/05 -2- DRAFT Mr. Dovolis discussed the density and said that it is mid -range with 21 units per acre. He said the density is right for the geometry of the site. Mr. Jensen said he would work on putting a proposal together. He further explained that they could evaluate the plan and reduce the density to finalize the numbers under one or two scenarios. Councilmember Carmody suggested that there needed to be a deadline for proposals. The EDA agreed that a deadline was needed for this proposal to be brought back, and it was decided the end of May would be the deadline. Mr. Jensen and Mr. Dovolis said that the end of May would work for them to put together their plans and financing requests. COUNCIL MEMBER LASMAN: COMMUNITY CENTER MEMBERSHIPS Councilmember Lasman said that this item relates to the letter that was discussed last year regarding Gay Lesbian memberships at the Community Center. It was Council consensus to defer this item to the next City Council Work Session. DATE OF FALL CITY COUNCIL RETREAT DISCUSSION There was brief discussion regarding the date of the fall City Council retreat, with mention of September being considered for the retreat. It was Council consensus that this item be deferred to the next Work Session. DISCUSSION OF PROSECUTION SERVICES SCHEDULE OF REQUESTS FOR PROPOSALS This item was deferred to a future City Council Work Session. INFORMATIONAL ITEM ON CLEANUP DAYS IN BROOKLYN PARK, CRYSTAL, AND NEW HOPE Councilmember Lasman said she had talked with several residents after the last cleanup and they had expressed that they do not want to do this type of clean up again if it would cost extra money. She said if there was a one -time charge to those residents who use it, then she may be willing to look at a cleanup day. Mr. McCauley said he provided this information to the City Council to apprise them that the surrounding cities would be having cleanup day and Council may receive inquiries from constituents. 02/14/05 -3- DRAFT a i ADJOURNMENT There was a motion by Councilmember Commissioner Lasman, seconded by Councilmember Commissioner Carmody to adjourn the City Council Economic Development Authority Work Session at 10:45 p.m. Motion passed unanimously. City Clerk Mayor 02/14/05 -4- DRAFT City Council Agenda Item No. 7b Office of the City Clerk OX City of Brooklyn Center A Millennium Community REVISED 2/25/05 Revised Licenses for Council Approval: The initial rental dwelling license for 6613 Camden Drive has been removed from the original list of licenses due to nonpayment of the utility bill. The license was originally included on the list for approval, as the owner had indicated that the utility bill would be paid by Friday; however, the bill is unpaid. Section 12- 901.4, requires that, "Prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the city owned by the license holder." TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 3 DATE: February 25, 2005 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on February 28, 2005, are as follows: MECHANICAL Bruce Nelson Plumbing Heating 1272 S Point Douglas Rd, St. Paul RENTAL Renewal: 407 -607 70th Ave N 504 604 69th Ave N Gary Brummer River Glen Apartments (128 Units) 4 assaults, 10 disturbing peace, 1 burglary, I arson, I fire 5239 Drew Ave N (Two Family) William Washington 0 calls 6809 Fremont Place N (Single Family) Terry Hartmann 0 calls 1543 Humboldt Place N (Single Family) Kwi Ha Wong, Suburban Properties 0 calls 4806 Twin Lake Ave (4 Units) Gregory Young 2 disturbing peace, 1 drug Initial: 6512 Chowen Ave N (Single Family) David Moulder 0 calls TOBACCO RELATED PRODUCT Brooklyn Amoco 6044 Brooklyn Boulevard Recreation and Community Center Phone &TDD Number 6301 Shingle Creek Parkway 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 City Council Agenda Item No. 7c City of Brooklyn Center A Millennium Community MEMORANDUM DATE: February 23, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Approving Final Plat, OSSEO SCHOOLS WILLOW LANE ADDITION On November 8, 2004, the City Council reviewed Planning Commission Application No. 2004- 010, Preliminary Plat for OSSEO SCHOOLS WILLOW LANE ADDITION. The proposed plat includes the Willow Lane School site, vacant parcels along Brooklyn Boulevard and City property located at Willow Lane Park. Independent School District 279 is now seeking final plat approval from the City Council. As a condition of final plat approval, the City has required ISD 279 to provide a land exchange agreement, joint use agreement and maintenance agreement to govern the proposed transfer of land between the City of Brooklyn Center and ISD 279. These agreements are substantially complete and have been reviewed by both the City Attorney and ISD 279. Unless otherwise directed by the Council, staff will require that all agreements be completed and executed by both the school district and the City to the satisfaction of the City Attorney before the final plat is released. _It is recommended that the City Council approve the final plat, subject to the conditions as specified in the attached resolution. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, OSSEO SCHOOLS WILLOW LANE ADDITION WHEREAS, the City Council on November 8, 2004 reviewed a Preliminary Plat for OSSEO SCHOOLS WILLOW LANE ADDITION to divide and combine parcels of land located near the intersection of 71 Avenue North and Brooklyn Boulevard (CSAH 152); and WHEREAS, the proposed plat would create three newly configured lots to include one vacant lot along Brooklyn Boulevard (CSAH 152), one lot for the existing Willow Lane School site, and one lot consisting of lands for Willow Lane Park; and WHEREAS, Independent School District 279 has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Final Plat for OSSEO SCHOOLS WILLOW LANE ADDITION is hereby approved, subject to the following conditions: 1. Conditions as reviousl approved b the City of Brooklyn Center City P Y pp Y ty Council and Planning Commission. 2. Any additional requirements for providing a land exchange agreement, joint use agreement, utility maintenance agreement and evidence of title satisfactory to the City Attorney. 3. Any additional requirements for providing an easement and maintenance agreement for shared access subject to review and approval by the City Attorney. 4 Easement documents for sidewalk, trail and landscape as described by survey drawings submitted to the City of Brooklyn Center on February 17, 2005 shall be executed and delivered to the City in a form approved by the City Attorney prior to release for the final plat. 5. Any additional requirements of the City Engineer. 6. Any additional provisions of Chapter 15 of the City Ordinances. 7. Any other conditions of Hennepin County as required. RESOLUTION NO. 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. OSSEO SCHOOLS WILLOW LANE ADDITION C.R. DOC. No. KNOW ALL MEN BY THEN PRESENTS, Thor IM.pend,M Scheel Didrid Ne. 219, Sbb of I41nn.nob, Halo dewed Me some to W aw.pd end pldbd p OSSEO SCHOOLS WILLOW LANE AOD=K seed de STATE OF IS ESOTA me-nob .1Pr ib., In avm,, a Me roknelna >ser®ed woMny studded In the County a HHennsplm Mny donee en0 deolede to 1M pubne fa publk we fenwr Me wenwn, bouteveN snk Mst .pem.ntn COUf1Y OF IENFEPIN Mbb a Idnmseb, to wit on this pled for drd g. end Willy purposes. The M1d.9aro aWYeyoy. e•knea. usu .knodedped before nest the My a TIN Pon athe Noah IN feet a La 11, Au~. SWdMnen Numb, 67, Honn.pin C-*, Mlments, 200_ y Mchend L. Uchl Lek Surveyed, Mbm•seb Lome N.. 2024. a nNsended dare the vied lest of said Let It..M thd put d the WM 16.6 red a Lot 12 a seed In M— whoa a d h 8choa District Nos. 213, Minn..b c«poninn, he• cawed M.. Audit r SWrvislen Numb, 67 hen Honh a Me South 496 theta, end dl Sal p. d Let 17 of Sold wounb to he Si by Ib MIS dy of AWkah SWdivlsen N.nbe67de.,I.d.falem: B•dndrgdSprrdlnth.dstdh 9MaSord Let 300_. fl dbtrnt /oor E.ri aMe seuMmor cams a La 1Ba S.M I Wtlkof sub"'hbn "b 67, csM Notary Pub1K CaSdK Nimstsaa pant 0 begi,nin, I,, being 670 fed we of Me rwlMast tamer a add Lee 17; Me— ruMna End INDEPENDENT SCHOOL DISTINCT NO.3p My Celmd.ebn ExWr.. J,ewys1, 100_ sore tho mrih line a Sold Lor IT to the mrih..ri .m, M~, theme n.xure SauM Wong M. nri Met a ON Let 17 olden. x 166 fed M.m. running weft p.ds11N wiMl Mw nwM Mm a sd0 Lol t7 dlslenc. a QU14 M1d then. _IM South W.Id wkh tl1. not Its. a sold La 17 s dldree a 264 BY Net, mars w Ups, to Petra Which b 61.64 rest due Wed 0 the sedhr•ot tamer 0 Lot 11 a Sold Audkors themdSien Number 67; Men. tinning Wed p.Nld Solt, the north IMe of sold Lot 17 a BROOMYN CENTER MINNESOTA alder• aIn."red, mod. or lens, b point In. Mm drown pwO wkh eta 16E foot EM athe user Mne ala 13 ao.id AudMaYS SWadrion Nenbr 6T .ri.naa; there riming south Jere Seed WHIN TIC. red a WSW SCHOOLS WIDOW LANE ADDITION wp ,prond end nc.pted by the Clod Carmtll a Mne be pant M Me neM One a Sold Lot 12; Mom. Mg West along Did north On. HIS feet to Me STATE OF NNESOTA Brooklyn Center, Mlnnesob, ri regke m•o0ng Mona hold INS day of Am northwest come f sold LM 12; them. mMre SeuM.bre MN mod Mm 0 sold La 72 b tho nerthuN COUNTY OF HENEPN NO_ It wpPcWA*. t written movements aM r• aline ndstlons a the Crnmledow orTmspoMbn mm 0 L0IS 0 sold A W[W. Subdvblon Numb, D; Moore nrMwM wee dare tho north SM ol end the Courtly 14glmay Engineer hove Weer r.celen y the City a Ms pmanib d SO dy p,bd hp arr Let 13 end ddng Mst north am of la 14 a Sold A Wtml SWdvlslen Nx Wee 67 to s point h e ll, The foregolng Instrument wad skne1A.dpd be(— me MIS dry a 200_ y olgmod vdtWut mcW a Sudh crIIIMMe 4th tic madam, u prodded y Sent. SIN KS., Ssdbn .nobd P_ n Me non, On. a plot Led 17 had the pand a b.aknlro 0 M• tried Wroth a bk.pwent S..d Di.o-K1 He. 379, MMn.ab 606.07.9no0.2 dosa4nd;thrn. nn eM.en9 era p,peMleutu 6mbtlst paMta. peNet Ma Pal aa ptneven, on a I-- Y sy, witch No. wkhln ELNCM"S AOORIOH CITY COUNCIL OF BROOKLYN CENTER NN4ESOTA LOS2 33, Sink 1. CENTER BROOK ADDITION, .caadMa to Me rounded PIr MOSSR, Hennepin Nd.y PubM, County, NnnesNS P' S 0, mens", Crrdy. mrsee t, My Commlpies Events And Mat Nl.p or B su byn Centel. SM. of Nen.ets, e foe a Me Msend, de.cdhod prpMy .Wr.d in M. County d H1.nned Slain a NnnenaS town: TAXPAYER BERVICEi DEPARTMEM.INmepin CeWIN, Nkm.seb Hai ISLS NO a Lot itsec.pt t East MS red a Me Sou 420.87 Idol thorod end Ind pert O Let lee, Mwkmu wheadmild VBly of Brooklyn Gnt.n,. .hen deemed M•. prosenbb de.,bod p NW—: be Signed y So inns dry a I body ..ft Ind ted. possible In 100_ ek pdor Yews him been Peter M M d Ioosr en ebed INS PIN. Beginning ol M. Northeast come a Lot 12; Marc. N,M to Me Southend, cwrar a L me 10 11; theme Dried suds dya 200_ Wed INA M1d Men. South to Me NoM Om a Led 12; thence Eat b pond of b GONVIS OR in Aus Subrfasbn lesson, Feµ.vm N7h, Hennepin Cesek Nn.stsaw WL EOFMROOKL"CBRMt Pa,NkHOYama.HNm.pMCeutb Adrdle, T.polarw6fp That p.t.fLd 14, A.dW. S.bdMSien Number U,Hem.pin Cwdy, Nm.sotk dsscribed.fellso s: By BY Do" Boglnnolg N the North•eet coned or sold La 14; tho. Sou" drip O. Eaot IM. a said Ld 14. N.tem. a 2N fed; thence WOO SM wonder to tln• South IM. a sold La l4 dlslwre a 9N NO; them• Neth sin Indeed be Me Ent less a..id Let 14. Shnn" 0126 M1d then. NMMpt,y re pond en ft NOM IMe a said La 14 dstent 226 ISO End a Mst Nedhu•d .star Mond t NwMline add La 14. detente 0908 fed to the path of beginning STATE OF MINE80TA SIDNEY DIVISION. Hennepin County, Nna.et. TagetMrwNr. NI COUNTY OF HEEPN pumuuII to MINN. STAT. See 30MUS (IBM old M W s PIN been approved this day of ltd NadM 192d/ bee au1. Ear 93.b M1d 0M.9oW13g7AT hod a La! t2, AudkoNS 8uAdvMen Nw SJ, The brepelre idrtrnnl.nt Dip wMMya•apr noon m. INS dry a ID0_ y 211— County y, N Hennepin County VIM.p a Seeded" Core, d n .min 01M WIHMwn P. &own,HNrmepin COpy TdgdhrvAM• The E.ot N0 fed d tln Nod, 79 M1d aft South 410.37 Ad a lot 12, AudW. Subolvblon No. 6r, Wmyin County. h nnosai e" Natty PUbn CaenN,NnestaN. AS Let 13 My except the WSM,N 76 bet a kM the SodN 176 fed Ma en .ad p.pd dentine! desr.. Explros fohevn: B.Bnning ol print m Me Wad one a Said La 19, 99 M1d Nerih a the 8euth Mna a Ms 8euthe.ot RNISTRAR OF TITLE %Hennepin Cm*. Mkm.b owner of Sedbn 2B,Te.enhp 119. Renge 21. which) pant M M Me NdM Hgrft .way rim of County Reed Ne, IN; theme rlmire Ne,U, long Me W.ri line asW Let 17.196 fed thence running Ent I hereb y Mail hem am onelplorbd Mee y desdWd eel Mrs plot OSSEO SCHOOLS h hrdy cedlylldthe Muds ISO of OSSEO SCHOOLS WILLOW LATE ADDITION Dip MSS in We ollle•t S. pwd wIM the South Ulm 0 sold Soukn.ri Ou.rle a Settled 26, 76 fed ihero neMMg South WILLOW LANE ADDITION; thot the pin b .coned rePmontadon a Sold awry; thd dl lowness w _dya 2D— d— .'leek JA paMl.l din tho Wet Ulm a seed La 19, 136 Ter b pant M ft NoM rya -a-wy IM. of County .rt.etN NraSon on the pig In M1N .M hundredths 0. fog; MN dl mornmedn lave boon ca,.dly pb.tl I Rotl Na. 190, whkh Pointe 99 M1d N.M a Sib 9outld fete 0 fold 8authesa Owl, a 8ee.en n; n the u do ahelvn or swill W tested Ss Neel, r. y Me bar go._.* rat; Md M e ".Me bredery Mianeel K CuIMR, RplWw or Them, Name ruming Weal Psmlr w m the Sash the a odd SaMhwl Ousrbr 76 food b the Part a nnn re camcky dodan ed on Ma plod; end Met More en no usNenos ss donnod in Nan SOtW. WS 02 beginning MWd.1 to be dMtlded an the pri a. Dewy Twethu wth: The Weft 16 18 NO of the South 496 fed 0 Let 12, A W. Subdivision Ne. ST, Hennepin county, IBrm.Ob. .."S. L. LIctR Us" Mrvsyer Mln wsnh Uosnp Ne, 29724 ASSOCIATES 9 Er 101 2 SHEETS OSSEO SCHOOLS WILLOW LANE ADDITION Detail a 4° ate 1C.R. DOC. No. I uo Soul. I w .I id I------------- J 1 F I :a 1.; /tTe 44 I I ul T 1 rxee•s.vi i 7 nzm y �c rs r __EX 0`'/� ADD' I �I srnrn•E awtm ISrsrl'H I k 8: .3r.� t bg r I. w I£ tj ti I M:El- I a l I --h_ I s irr I 1 a I wS" I ,A I 1 0 00 100 1 1 1 R I g I Y L a ggsrI I q IR I i•I SCALE IN FEET Pep i 0 K.M ro a 11 r w v xcx ww 1 xwwxwr xr, •as _..J L -J orxorn xxrr xwwwr rwxo 1 ®xxo,ES saroa uxorsrnv •xr coon 1 i Ara H R I rrroe"t I I I L I R Pi ry A:• R sand' J .x xor ro eunxrww N I n I roxc s rECr a room, wstss omTwwsE Gg tS I I I .acnrto rwo sor uxcs. xxu x�i I Iarw ro asr H wmm, uxcss omcxwrs: •axr„EI. nx1 nlrowxro x�r�r_w•r I G h I :HES, ns aroww ax r,c vur. A SHEET 2 O 2 SHEETS City Council Agenda Item No. 7d City of Brooklyn Center A Millennium Community MEMORANDUM DATE: February 23, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment for Improvement Project No. 2004 -15, 2004 Miscellaneous Concrete Repairs On September 13, 2004, the City Council authorized the award of Improvement Project No. 2004 -15, 2004 Miscellaneous Concrete Repairs to Thomas and Sons Construction, Inc of Rogers, Minnesota. Thomas Sons has completed the contract work and is now requesting final payment for the project. Improvement Project 2004 -15 generally includes the routine repair and replacement of public sidewalk sections along the southern portion of Brooklyn Boulevard and western portion of Bass Lake Road. The original contract amount was $23,383.50. The final payment amount for work completed under the contract is $19,791.78. There were no change orders for this contract. Attached for consideration is a City Council resolution accepting the work performed and authorizing payment for the final contract amount of $19,791.78 for Improvement Project No. 2004 -15, 2004 Miscellaneous Concrete Repairs. 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2004-15, 2004 MISCELLANEOUS CONCRETE REPAIRS WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Thomas and Sons Construction, Inc. of Rogers, Minnesota has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 2004 -15, Contract 2004 -1, 2004 Miscellaneous Concrete Repairs; and WHEREAS, Thomas and Sons Construction, Inc. has submitted necessary documents to request final payment for said contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractor's receipt in full. The total amount to be paid to the Contractor for said improvements shall be $19,791.78. 2. Project costs and revenues are hereby amended as follows: COSTS As Approved As Final Contract $23,383.50 $19,971.78 REVENUES 40700- 6350- 800415 $23,383.50 $19,971.78 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8a City of Brooklyn Center A Millennium Community MEMORANDUM DATE: February 23, 2005 TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Public Hearings on Improvement Project Nos. 2005 -01, 02, 03 and 04, Contract 2005 -A, Lions Park South Neighborhood Street, Storm Drainage, and Utility Improvements Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2005- 01,02, 03 and 04, Contract 2005 -A, Lions Park South Neighborhood Street, Storm Drainage, and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2005- 01 and 2005 -02, Contract 2005 -A, Lions Park South Neighborhood Street and Storm Drainage Improvements to the Hennepn County Tax Rolls A series of two public hearings are scheduled on February 28, 2005. The first hearing is to order improvements and authorize development of plans and specifications for Improvement Project Nos. 2005 -01, 02, 03, and 04, Lions Park South Neighborhood Street, Storm Drainage, and Utility Improvements. The second hearing is to consider certification of proposed special assessments for Improvement Project Nos. 2005 -01 and 2005 -02. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the Lions Park South Neighborhood. The project was previously established by the City Council on July 26, 2004 by Resolution 2004 -100. On January 24, 2005 the City Council received the feasibility report and called for a public hearing for February 28, 2005 to consider these improvements. The feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements can generally be described as follows: 1. Street Improvements including base preparation, installation of concrete curb and gutter and driveway aprons, bituminous paving, installation of street lighting, replacement of street signs, and boulevard restoration replacement; 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.cityolbrooklyncenter.org 2. Storm Drainage Improvements including installation of new storm sewers, repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes; 3. Water Main Improvements including the replacement of cast iron water main pipes, installation of new valves, hydrants and fittings; and 4. Sanitary Sewer Main Improvements including replacement of sanitary sewer pipes and access structures. II. Summary Explanation of Assessments Assuming the City Council orders the above described improvements and authorizes development of plans and specifications for Improvement Project Nos. 2005 -01, and 2005 -02, Lions Park Area Neighborhood Street and Storm Drainage, it is recommended that the City Council hold a second public hearing to consider certifying special assessments for said improvements to the Hennepin County tax rolls. On November 8, 2004, the City Council adopted 2005 special assessment rates for street and storm drainage improvements which include the 2005 R -1 zoned residential rates of $2,876 for street improvements and $975 for storm drainage improvements. R -2 zoned units used as a two- family site are assessed $38.35 per front foot for street improvements and $13.00 per front foot for storm drainage. Rates on R -3 zoned units (multiple dwellings) are calculated on assessable frontage x $38.35 for streets and $13.00 for storm drainage. All of the properties in the project area have received assessment notices specifying these rates. The feasibility report included a preliminary assessment roll identifying 184 properties for special assessment of street and storm drainage special assessment. Public Comments Some property owners may choose to object to a special assessment; other property owners may choose to appeal an assessment. An objection is typically a concern expressed by the property owner about the amount of the assessment, or perhaps an assertion that they are not responsible for its payment. An appeal is a legal challenge to the assessment. Property owners must file with the City Clerk a written notice of objection before or at the public hearing, and then follow up with service of notice of appeal on the City and filing with district court. These types of disputes often require both parties to obtain appraisals and review and possibly negotiate assessments, and can lead to legal hearings. Should objections or appeals be filed with the Clerk prior to the public hearing, or should any person appear at the hearing and object to or appeal an assessment, it is recommended 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 objected -to assessment from the proposed levy roll and adopting the remaining proposed assessments. If appeals are filed, staff and the City Attorney will advise the Council of options for handling the dispute and the litigation. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2005. 2. From October 1, 2005 to the end of the business day on November 29, 2005, the property owner may pay the total assessment, with interest calculated from October 1, 2005 to the date of payment. 3. If payments are made with property taxes, the first payment will be due with taxes in 2006. The total principle will be payable in annual installments for the period stated on the levy roll. Interest is paid on the unpaid balance. 4. Partial a a re ments such as in half now and certifying the balance P pY paying fY g are not allowed under current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements It is recommended that Council receive a staff presentation prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing development of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2005 -01 and 2005 -02, Contract 2005 -A, Lions Park South Neighborhood to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. 1111111 I /II/ oi l ��I�I111 1111111111111�. I i'i'i'. i. �,i' 'ii ON ►nano iifliii n 1.2 4 12th consecutive year of program implementation ement of aging and deteriorated City infrastructure projects involve the replacement of: Streets Sidewalks Water Main Sanitary Sewer Storm -Water Drainage Street Lights Neighborhood Improvement Program I j;i.; r I �l C- -'I provement I, gram I SCI 1 Year of Reconstruction �_�iJ IWI J Completed M, ,......,TTY: 2006 Miles of Total Completed to Date 54 50.5 2007 2005-2010 26 24.3 2=1 Under 2011-2018 27 25.2 Stud Totals 107 100.0 2010 y 2010 City of Brooklyn Center a' Y Y x� xtf kTj@ r7 M P�' �,�p� 3'� 1 e °d 9B �riFP 1 d.Yt ��tu 11 c ib- JOIN r-'� I 'T kP �'�c�`''.�' ,wn. i'- $"—a. 'YI "aei t t, il`x =Q.Ii At ice: ��`�F�` <eM•- °�1i�'�° Fm A�c„° X 75' s m�`Zxr} A *�X st�'k F YpSi 'b �.A�`�`Ar �i '.Q� ,*r a S��� Wl. z :y r 4 Op Ilk t„" YYTY a� ea 1�� �Ya��,p�,y�, 41 <t� ��i %.�i�'� 3 fu d `3 sa '�i5a" }2 f r c�gss g �`,€6" ,Yi t �s mar S„ t �m�� •s' IA jwI Wf� ro +may e y R a c a y ri {Ctwf x >a r F ra Of 0 1 P-.1l. P-"- tp ��I 4 J J!'.J. s Curb Gutter, Driveway Aprons 32' Wide: 54th Avenue and Russell Avenue 36' Wide: 53rd Avenue (Penn to Russell) 30' Wide: remaining streets ry Sewer New Structures and Pipe Main New Ductile Iron Pipe Sewer Services Replacement to ROW Sewer Extensions, Treatment station Following Spring is ,:at a� S i r �l�J�l 1 1 1 1 J�I 1 1 1 J' 11 11 J`tj��r:it e 11 I 11 Per Residential Lot Percent of Total essments 3,851 20% y (City) 3,468 18% wer Utility (City) 3,853 20% er Utility (City) 2,878 15% t Utility (City) 265 1 truction Fund (City) $5,180 26% Total $19,495 100% essment Rates: $2,876 (street) $975 (drainage) in full No interest between March 1 Sept. 30, 2005 in full from Oct. 1 to Nov. 29, 2005 with interest lated at 5.5% in installments with property taxes over a 10 -year d starting in 2006 with interest calculated at 5.5% epayments cannot be accepted WILL BE SENT "f ,r 1 1 i�1'c J 1 1 t X F y' F pr a r ri r�r�rri ri z �V fie Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2005 -01, 02, 03, AND 04, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on January 24, 2005 authorized consideration of street, storm drainage, and utility improvements in the area generally described as "Lions Park South Neighborhood Street and Storm Drainage Improvements more specifically described as follows: Oliver Avenue and Queen Avenue from 53` Avenue to Ericon Drive; Russell Avenue, Penn Avenue and Morgan Avenue from 53`a Avenue to 55 Avenue; Newton Avenue from 53 Avenue to 54 Avenue; 54 Avenue and 55 Avenue from Russell Avenue to Logan Avenue; and 53 Avenue from Russell Avenue to Penn Avenue. WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the Director of Public Works; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on January 24, 2005 adopted a resolution setting a date for apublic hearing regarding the proposed improvements for the Lions Park South Neighborhood; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on February 28, 2005, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the February 28, 2005 hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $741,349.72; and RESOLUTION NO. WHEREAS, the Director of Public works is prepared to develop plans and specifications for said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project Nos, 2005 -01, 02, 03, and 04, Lions Park South Neighborhood Street, Storm Drainage, and Utility Improvements, are hereby ordered and the Director of Public Works is authorized to prepare plans and specifications for said improvement. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2 or any success law, regulation, or ruling. 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. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2005 -01 AND 2005 -02, CONTRACT 2005 -A, LIONS PARK SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 16242 and 16243; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of. Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy No. 16242 for street improvements and Special Assessment Levy No. 16243 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands maned therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2006, and shall bear interest on the entire assessment at the rate of five and one half (5.5) percent per annum from October 1, 2005 through December 31, 2006. 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 September 30, 2005. After September 30, 2005, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2005 through the date of payment. Such payment must be made by the close -of- business November 29, 2005, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof- and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY Q;E BRC2dKLYN CENTER CERTIFIED ASSC6SMENT ROLL 2t2$10{i5 OW I�ARI� NEIGHBOOR P. 1MF#��l Ifil l+ 1 PROJECT. 204 -t1 02 BERM 1:C�llAL INSTALLIiIlI =h11 EXTE 1b�M! �?VER A PERIQD TEN �10� YEAi�S :.REE`#`'` 1 I I I 0211821310038 12331 ERICON DR I 16242 I $2,876.00 1 16243 1 $975.00 0211821310047 12348 BROOKVIEW DR 1 16242 1 $2,876.00 1 16243 1 $975.00 ...4 16242 1 16243 0211821340005 ILIONS PARK I 16242 1 $2,876.00 1 16243 1 $975.00 0211821340006 12300 55TH AVE N I 16242 I $2,876.00 I 16243 1 $975.00 0211821340007 12306 55TH AVE N I 16242 I $2,876.00 I 16243 I $975.00 0211821340008 12312 55TH AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821340009 12318 55TH AVE N I 16242 I $2,876.00 I 16243 I $975.00 0211821340010 12324 55TH AVE N I 16242 I $2,876.00 I 16243 I $975.00 0211821340011 12330 55th AVE N I 16242 I $2,876.00 1 16243 I $975.00 0211821340012 12400 55TH AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821340013 12406 55TH AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821340014 12401 55TH AVE N I 16242 I $2,876.00 1 16243 I $975.00 0211821340015 15419 QUEEN AVE N 1 16242 1 $2,876.00 16243 I $975.00 0211821340016 15409 QUEEN AVE N 16242 1 $2,876.00 1 16243 $975.00 0211821340017 5408 RUSSELL AVE N 16242 I $2,876.00 1 16243 $975.00 0211821340018 5414 RUSSELL AVE N I 16242 I $2,876.00 1 16243 1 $975.00 0211821340019 12407 55TH AVE N I 16242 I $2,876.00 1 16243 I $975.00 0211821340020 15427 PENN AVE N I 16242 I $2,876.00 I 16243 I $975.00 0211821340021 15421 PENN AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821340022 15415 PENN AVE N 1 16242 I $2;876.00 1 16243 1 $975.00 0211821340023 15409 PENN AVE N I 16242 I $2,876.00 1 16243 I $975.00 0211821340024 15408 QUEEN AVE N 1 16242 I $2,876.00 16243 I $975.00 0211821340025 15414 QUEEN AVE N I 16242 1 $2,876.00 I 16243 I $975.00 0211821340026 15420 QUEEN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821340027 12329 55TH AVE N I 16242 1 $2,876.00 1 16243 1 $975.00 0211821340028 12321 55TH AVE N 16242 $2,876.00 1 16243 1 $975.00 0211821340029 12313 55TH AVE N 1 16242 I $2,876.00 16243 I $975.00 0211821340030 15405 PENN AVE N I 16242 1 $2,876.00 16243 I $975.00 0211821340031 5401 PENN AVE N I 16242 I $2,876.00 I 16243 I $975.00 0211821340032 5400 QUEEN AVE N I 16242 I $2,876.00 I 16243 I $975.00 0211821340033 15404 QUEEN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821340034 15405 QUEEN AVE N I 16242 I $2,876.00 1 16243 I $975.00 0211821340035 15401 QUEEN AVE N I 16242 I $2,876.00 1 16243 I $975.00 ®28�4fl03 �4¢ 16242 16243 l A13 16242 16243 �1288.a =EIS q 16242 I$ �I 16243 0 rt,; 16242 I C1 16243 16242 16243 16242 16243 0211821340042 15313 PENN AVE N I 16242 1 $2,876.00 I 16243 $975.00 0211821340043 15307 PENN AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821340044 15301 PENN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821340045 15300 QUEEN AVE N 1 16242 I $2,876.001 16243 1 $975.00 0211821340046 15306 QUEEN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821340047 15312 QUEEN AVE N I 16242 I $2,876.00 I 16243 I $975.00 0211821340048 15311 QUEEN AVE N I 16242 1 $2,876.00 I 16243 I $975.00 0211821340049 15301 QUEEN AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821340050 15300 RUSSELL AVE N I 16242 I $2,876.00 I 16243 I $975.00 021$234flfl53 W�1Q�tSu�E1: 16242 12% 1 16243 t� $8 QOM fl1 83}t?I I53R�511 16242 I�;���. 16243 Pagel I'1 if Q BIt}pKL'1fN i� f= RCERTIFIED ASESSNfNT 'L 212812 4i1T5 1.1ON'S PAI�t NEIGHI�t?Rtll�� IM ENT. P14bjkC'C 2045-01 02 TERM EQUAL II�STALLMIENTS £JCTENDING Ul/ER A PERIOD QF 7EFI (10� YEARS ffib 16242 16243 16242 16243 16242 16243 0211821340058 15321 PENN AVE N 1 16242 I $2,876.00 1 16243 I $975.00 16242 16243 16242 16243 16242 16243 16242 16243 16242 16243 16242 Y" n 16243 0211821420059 12107 ERICON DR I 16242 I $2,876.00 1 16243 I $975.00 0211821420060 15512 OLIVER AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821420061 15506 OLIVER AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821420062 15500 OLIVER AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821420070 15509 OLIVER AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821420071 15501 OLIVER AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430001 15312 PENN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430002 15300 PENN AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430003 15306 PENN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430004 15341 MORGAN AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430007 15348 MORGAN AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430008 15352 MORGAN AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430009 15336 NEWTON AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821430010 15330 NEWTON AVE N I 16242 I $2,876.00 1 16243 1 $975.00 0211821430011 15324 NEWTON AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430012 15318 NEWTON AVE N 1 16242 l $2,876.00 1 16243 I $975.00 0211821430013 15312 NEWTON AVE N 1 16242 1 $2,876.00 1 16243 l $975.00 0211821430014 15306 NEWTON AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430015 15300 NEWTON AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430016 15337 NEWTON AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430017 15331 NEWTON AVE N 1 16242 $2,876.00 I 16243 1 $975.00 0211821430018 15325 NEWTON AVE N 1 16242 $2,876.00 I 16243 1 $975.00 0211821430019 15319 NEWTON AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430020 15313 NEWTON AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430021 15307 NEWTON AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430022 15301 NEWTON AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430023 15336 OLIVER AVE N 1 16242 1 $2,876.00 I 16243 $975.00 0211821430024 15330 OLIVER AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430025 15324 OLIVER AVE N 1 16242 I $2,876.00 I 16243 l $975.00 0211821430026 15318 OLIVER AVE N 1 16242 I $2,876.00 I 16243 1 $975.00 0211821430027 15312 OLIVER AVE N l 16242 I $2,876.00 I 16243 l $975.00 0211821430028 15306 OLIVER AVE N 1 16242 I $2,876.00 I 16243 1 $975.00 0211821430029 15300 OLIVER AVE N l 16242 I $2,876.00 1 16243 I $975.00 0211821430030 15337 OLIVER AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430031 15331 OLIVER AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430032 15325 OLIVER AVE N 1 16242 I $2,876.00 I 16243 1, $975.00 0211821430033 15319 OLIVER AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430034 5313 OLIVER AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430035 5307 OLIVER AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430036 15301 OLIVER AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430037 15320 PENN AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821430038 15328 PENN AVE N 1 16242 $2,876.00 I 16243 I $975.00 Page 2 CITY 0 F 131 ROLL fllp5 2$12 11�?1�`S. PA#ttlt MEt #IVIt QSfEIVtENT p#t13.#ECfi2005- i 02 TERM EQUAL INSTALLMENTS EXTENIDI#�# AVER A PEFt#QD bF TEN (10) YEARS OPEN. 3" �f0::>>;.>:::>:::>:<:<:::>::<::::>::>::::::>::::::< 1�RII� .......I�.......�.............5 0211821430039 15336 PENN AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430040 15301 LOGAN AVE N I, 16242 I $2,876.00 1 16243 1 $975.00 0211821430049 15302 MORGAN AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430050 15306 MORGAN AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430051 15312 MORGAN AVE N I 16242 1 $2,876.00 I 16243 I $975.00 0211821430052 15318 MORGAN AVE N 16242 1 $2,876.00 1 16243 1 $975.00 0211821430053 15322 MORGAN AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821430054 15328 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430055 15332 MORGAN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430056 15338 MORGAN AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430057 15344 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430059 12000 53RD AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430060 15331 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430072 12112 55TH AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430073 12106 55TH AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430074 12100 55TH AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430075 12018 55TH AVE N I 16242 1 $2,876.00 1 16243 I $975.00 0211821430076 12012 55TH AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430077 12006 55TH AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430078 11912 55TH AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430082 15430 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430083 15424 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430084 15418 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430085 15412 MORGAN AVE N 1 16242 $2,876.00 I 16243 I $975.00 0211821430086 15406 MORGAN AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430087 15400 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430088 15427 MORGAN AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430089 15419 MORGAN AVE N I. 16242 1 $2,876.00 1 16243 I $975.00 0211821430090 15413 MORGAN AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430091 15407 MORGAN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430092 15401 MORGAN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430093 12006 54TH AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430094 12012 54TH AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430095 12018 54TH AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430096 12100 54TH AVE N 1 16242 I $2,876.00 I 16243 1 $975.00 0211821430097 12106 54TH AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430098 15400 OLIVER AVE N 1 16242 I $2,876.00 16243 I $975.00 0211821430099 15406 OLIVER AVE N 1 16242 I $2,876.00 16243 1 $975.00 0211821430100 15412 OLIVER AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821430101 15442 OLIVER AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821430102 12001 54TH AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821430103 15347 MORGAN AVE N 1 16242 1 $2,876.00 I 16243 I $975.00 0211821430104 15344 NEWTON AVE N 1 16242 1 $2,876.00 I 16243 1 $975.00 0211821430105 12013 54TH AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430106 12101 54TH AVE N 1 16242 1 $2,876.00 I 16243 $975.00 0211821430107 15345 NEWTON AVE N 1 16242 1 $2,876.00 I 16243 $975.00 0211821430108 15344 OLIVER AVE N 1 16242 $2,876.00 1 16243 1 $975.00 0211821430109 12113 54TH AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430110 12201 54TH AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430111 15345 OLIVER AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430112 12213 54TH AVE N 1 16242 I $2,876.00 1 16243 I $975.00 0211821430113 12219 55TH AVE N I 16242 I $2,876.00 1 16243 I $975.00 Page 3 CITY QF BROOKLYN CENTER GERTIFIEO:ASSESSMENT ROLL 2 a.005 LIgN`$PAl2K IaIEICaHI3L7R#IS3lA 1IMPR#� Vl) N7' PIt+©JE�'# 2bb5-0 8< 12 TERM! 1: UAL INSTAL MEIN TS EX fi+1DING �DV R A o'ERIQD:[�F TEN j1 b YEAI7S E1RF PtTY. I IR. 0211821430114 12213 55TH AVE N 1 16242 I $2,876.00 16243 I $975.00 0211821430115 12207 55TH AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430116 12201 55TH AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430117 12113 55TH AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430118 12107 55TH AVE N 1 16242 I $2,876.00 I 16243 I $975.00 0211821430119 15443 OLIVER AVE N 1 16242 I $2,876.00 16243 1 $975.00 0211821430120 15437 OLIVER AVE N 1 16242 1 $2,876.00 16243 1 $975.00 0211821430121 15431 OLIVER AVE N 1 16242 $2,876.00 1 16243 1 $975.00 0211821430122 15425 OLIVER AVE N 1 16242 $2,876.00 1 16243 I $975.00 0211821430123 15419 OLIVER AVE N 1 16242 1 $2,876.00 I 16243 1 $975.00 0211821430124 15413 OLIVER AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430125 15407 OLIVER AVE N 1 16242 I $2,876.00 I 16243 1 $975.00 0211821430126 15401 OLIVER AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430127 12206 54TH AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430128 15400 PENN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430129 15406 PENN AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430130 15412 PENN AVE N 1 16242 I $2,876.00 I 16243 1 $975.00 0211821430131 15418 PENN AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430132 15436 OLIVER AVE N 1 16242 I $2,876.00 1 16243 $975.00 0211821430133 15430 OLIVER AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430134 15418 OLIVER AVE N 1 16242 I $2,876.00 1 16243 1 $975.00 0211821430137 15321 MORGAN AVE N I 16242 1 $2,876.00 1 16243 I $975.00 0211821430138 15315 MORGAN AVE N 1 16242 1 $2,876.00 16243 1 $975.00 0211821430145 12224 55TH AVE N 16242 1 $2,876.00 16243 I $975.00 0211821430146 12218 55TH AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430147 12212 55TH AVE N 1 16242 1 $2,876.00 1 16243 1 $975.00 0211821430148 12206 55TH AVE N 1 16242 I $2,876.001 16243 1 $975.00 0211821430149 12200 55TH AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 0211821430150 12118 55TH AVE N 1 16242 1 $2,876.00 1 16243 I $975.00 1 I I I 1 1$553,655.72 1 $187,694.00 i Page 4 a Agenda Item No. gb Clt�' .Council MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: February 23, 2005 SUBJECT: Public Hearing on Proposed Use of 2005 Community Development Block Grant Funds and Resolution Approving Projected Use of Funds for 2005 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements Hennepin County has notified the City of Brooklyn Center that its share of the 2005 Urban Hennepin County Community Development Block Grant (CDBG) entitlement is $199,764. The 2005 amount of $199,764 is $39,265 less than the 2004 allocation. Brooklyn Center is one of 43 Hennepin County cities participating in the Urban Hennepin County CDBG program. In this program, federal dollars from the Department of Housing and Urban Development (HUD) flow to the County and are dispersed to the 43 participating cities. The 2005 CDBG allocation for the entire county was $3,314,879 which is $199,121 less than the County's 2004 allocation. The County's 2005 CDBG grant from the Department of Housing and Urban Development (HUD) is nearly six percent (6 less than 2004. The reduction is a result of an across the -board reduction to HUD's budget in the "Omnibus Appropriations Act for FY 2005" and, at the national level, new urban counties added to the entitlement funding pool. A number of cities in the Hennepin County consortium received more than a six percent (6 reduction in CDBG from 2004 resulting from 2003 population data used in the formula for allocating CDBG funds. Brooklyn Center's reduction at $39,265 is a 16% reduction. Other examples include Richfield, reduced by $33,096 (14 Hopkins reduced by $25,067 (17 and Brooklyn Park reduced by $31,941 (6 The federal authorizing statute for the CDBG program requires that each funded activity meet one of three national objectives: benefiting low income persons, preventing or eliminating slums and /or blight and meeting urgent community needs. The federal statute also specifies that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and very low income persons. Each city must meet this requirement at the local level. Based on the 2005 CDBG allocation, meeting the 70 percent requirement means that $139,835 of the estimated $199,764 allocation must be expended on programs and services directly benefiting low income persons. Low income persons are defined as persons with incomes ranging from 50 percent (very low income) to 80 percent (low income) of the median household income in the Minneapolis /St. Paul metropolitan area as defined by HUD. Based on 2004 data, a four person household earning $38,350 annually would be defined as a very low income household and four person household at $57,500 income annually is defined as low income. The 2005 HUD income data is not yet available. A copy of the 2004 incoem limits is included with the e attachments to this memorandum SUMMARY OF CITY OF BROOKLYN CENTER CDBG PROGRAM RECOMMENDATIONS 1. Allocation of $18,480 for Household Outside Maintenance for the Elderly (H.O.M.E.) program. This is a $3,520 reduction from the 2004 allocation. This project has been part of the CDBG program for eleven years. The H.O.M.E. program provides minor maintenance and repair for persons 60 years of age and older. Services provided include painting, interior and exterior and minor home maintenance repair including installation of grab bars, minor repairs including windows, sidewalk, house trim, etc. Services include some chore and cleaning service, but the primary focus of H.O.M.E. in Brooklyn Center is painting and home repair. Fees are charged to persons using services based on a sliding fee scale relative to income. Senior Community Services, the administrator of the H.O.M.E. program, also makes available its Senior Outreach Program to assist elderly and disabled residents who have violations in the areas of the city housing code. In 2004, the H.O.M.E. program completed projects at 27 households. 2. Allocation of $11,340 to the Community Emergency Assistance Program Inc. (CEAP) to provide funds to CEAP's Senior Services Handy Works Chore Program. This is a $2,160 reduction from the 2004 allocation. The Handy Works Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping, and raking. CEAP also is to provide assistance to seniors and disabled persons with code violations under the city's housing code. CEAP and Senor Community Services are to coordinate referrals between the two agencies. CEAP is to focus on less complex code enforcement items and Senior Community Services addresses the more complex code enforcement issues up to and including major problems such as "garbage house" situations. In 2004 the Handy Works program assisted 61 households with 785 chores completed. CEAP also provided service to 91 Brooklyn Center households in 2004 through its Meals on Wheels program which is part of the Senior Services Program. 3. Allocation of $169,944 for single family housing rehabilitation. This is a $33,585 reduction from the 2004 allocation. This program provides for rehabilitation and repair of single family homes of low and moderate households. The money is provided in the form of a loan with a repayment and lien period of 15 years. The loan must be repaid if the home is sold anytime within the 15 year period. Depending on the income of the loan recipient, between 3 to b percent interest is charged on the loan for the first ten years of the 15 year lien. If the homeowner remains in the home for 15 years, the loan is forgiven. The maximum amount of the loan is $25,000, which includes federally mandated lead abatement if required. Depending on the individual house, lead abatement can comprise a substantial portion of the loan. This program is administered by Hennepin County staff. Since the program's inception in the 1970's over 300 Brooklyn Center homes have been repaired under this CDBG activity. ADMINISTRATIVE REOUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15 percent cap on public service projects. Both the CEAP and H.O.M.E. program are categorized as pubic service projects. Based on the allocation for 2005, continued funding of the H.O.M.E. and CEAP program at $18,480 and $11,340 respectively would fall under the 15 percent cap. It should be noted, initial requests submitted for the CEAP and H.O.M.E. programs were at 2004 funding levels ($22,000 for H.O.M.E. and $13,000 for CEAP). Reductions in HUD's CDBG funding levels necessitated reductions for 2005. Hennepin County has indicated that no more than three activities should be undertaken in each city receiving CDBG funds and that each activity should have a budget of at least $7,500. Copies of the CDBG Request for Funding forms required by Hennepin County, for each of the three recommended projects are included in the attachments to this memorandum. ADDITIONAL REOUEST FOR CDBG FUNDING The city has received an additional request for funding under the public service category. The request is for $5,000 from Home Line. A copy of Home Line's request is included with this memorandum. Funding of Home Line's request would require a corresponding reduction of the H.O.M.E. and CEAP allocations. INCOME VERIFICATION FOR CDBG PROGRAMS Persons and/or households receiving deferred loans as part of the Single Family Housing Rehabilitation program must have household incomes that are no greater than 80% of the Minneapolis /St. Paul Metropolitan area median household income by family size. The 2004 income limits by household size are shown in the attachments to this memorandum. The 2005 data is not yet available from HUD. A co of "Income Verification regulations and Credit Application/Hennepin Count Housin PY g Y g Rehabilitation Finance Programs" are included in the attachments to this memorandum. The "Income Verification" regulations describe the income verification process applicants must go through to receive CDBG funding for housing rehabilitation. With regard to the H.O.M.E. and CEAP programs that serve the senior citizen and disabled population exclusively. HUD regulations do not require an income verification process as is used with the Single Family Family Housing Rehabilitation program. As per HUD standards, the H.O.M.E. and CEAP programs are considered to principally benefit low income persons or households because they exclusively serve an elderly and disabled population. PUBLIC HEARING AND RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The attached public hearing notice was published in the February 10, 2005 edition of the Brooklyn Center Post. Hennepin County requires a public hearing be held on the use of CDBG funds, and that the 2005 CDBG programs be submitted to Hennepin County by March 1, 2005. A resolution approving the 2005 CDBG program has been prepared for City Council consideration. Funding for the 2005 CDBG program would be made available by July 1, 2005 and CDBG funds must be spent no later than December 31, 2006. The City's 2005 CDBG funds can be reallocated anytime during the 18 month period between July 1, 2005 and December 31, 2006 by action of the City Council after conducting another public hearing regarding the reallocation of CDBG funds. The resolution included with this memorandum also authorizes signature of the Subreci Tent p Agreement, which is the agreement between Hennepin County and the City of Brooklyn Center relative to CDBG funds and also any third party agreements that would be executed by the city and third party vendors such as Senior Community Services and the Community Emergency Assistance Program (CEAP). These agreements are standardized agreements developed by Hennepin County and will be submitted after approval of the City's 2005 CDBG program. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the city held a public hearing on February 28, 2005 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of $199,764 from the 2005 Urban Hennepin County Community Development Block Grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it approves the following projects for funding from the Urban Hennepin County CDBG Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2005 Urban Hennepin County Community Development Block Grant Program. Project Budget Household Outside Maintenance $18,480 for the Elderly Community Emergency Assistance Program $11,340 Rehabilitation of Private Property $169,944 BE IT FURTHER RESOLVED that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2005 CDBG Program. Date Mayor ATTEST: Attachments Requests for Funding Forms H.O.M.E. CEAP Single Family Housing Rehabilitation Request for Funding From Home Line CDBG Public Hearing Notice CDBG Single Family Housing Rehabilitation Program Income Verification Regulations Credit Application Hennepin County Housing Rehabilitation Finance Programs (Used for Income Verification) 2004 Income Limits 2005 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: HOME (Household Outside Maintenance for Elderly) 3. Contact Person/ Phone No. Ron Bloch/ (952) 541 -1019 B. PROJECT DATA 1. CDBG Funding Requested (needs to be same as council resolution) 22,000 ($18,480 Recommended 2. Is this an existing CDBG- funded project? XYes 7No 3. Leveraged Funds: (What other public or private funds does project include? If none, indicate w /check here- None: Amount See 410 Source: See #10 Amount Source: Amount Source: 4. Project Location: Address or Citywide X 5. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address) See attached Program Summary 6. Consolidated Plan Priorities: Using the Priority Summary, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Priority(ies) project will address: Public Service Needs Senior Services High Priority 7. Describe anticipated results /accomplishments the project will have. (number of persons/ households to be assisted/served, number of housing units to be rehabilitated/built, etc.) In 2004 the project served 32 Brooklyn Center residents (27 households). It is anticipated that approximately the same number will be served in 2005. 8. Describe how project will assist the community in achieving your Livable Communities Act goals (if applicable) 9. Implementation Schedule: (Identify major project tasks to occur during within the first 12 months of the 18 month expenditure period.) Task: On -going delivery of services including Date: CDBG Year 2005 maintenance (minor carpentry, plumbing, concrete work, and electrical repairs and interior /exterior painting), Chore Services (lawn mowing snow shoveling), and Homemaking (cleaning, vacuuming, dusting, washing clothes, window washing). 10. Budget: (Specify total project budget by major project component —i. e; administration, planning, construction, acquisition, direct grants, public service.) COMPONENT BUDGET /SOURCE OF FUNDS CDBG Other (identify) Public Services /Brooklyn Center $18.480 $r�2,660 $157,000 Client Fees Public Services /Eden Prairie 6,000 93,294 United Way Public Services/Edina 9,089 16,911 Edina/EEHF Public Services /Minnetonka $16,000 64,000 MAAA Public Services /Richfield $20,000 84,592 Hen County 10,000 Donations Project Totals $F3,689 $425,797 $69,569 SENIOR COMMUNITY SERVICES 10709 Wayzata Blvd., Suite 111, Minnetonka, MN 55305 Phone: (952) 541 -1019 FAX: (952) 541 -0841 E -mail: scs @seniorcommunity.org BOARD OF DIRECTORS John C. Boeder January 18, 2005 President Gordon Hughes Tom Bublitz 1st Vice President Community Development Specialist Peter Coyle City of Brooklyn Center 2nd Vice President 6301 Shingle Creek Parkway John Lawson Brooklyn Center, MN 55430 Treasurer John Gray Dear Mr Bublitz: Secretary Francis Hagen Senior Community Services is requesting that the City of Brooklyn Past President Center allocate $22,000 from it's share of 2005 Community Bob Bean Development Block Grant (CDBG) funds to support the HOME Member -at -urge Program. This is the same level of funding provided in the current Gloria Johnson year. Enclosed is a Hennepin County Request for Funding Member -at -urge application filled out to facilitate our request. Marty Gurltz Brooklyn Center's CDBG funds will be leveraged from client fees ko Higuchi Y g W v ht Johnson funds from the United Way, the Metropolitan Area Agency on Aging in Johnson (MAAA), Hennepin County. Friends of HOME, an organization Laurie Lafontaine that solicits contributions from individuals, businesses, civic groups Rep. Ann Lenczewski Kevin Max and churches provides support as well. Dr. Chinyere (Ike) Njaka Dotty O'Brien Sincerely, Senator Gen Olson Curtis A. Pearson Mary Tambornino Leonard J. Thiel Tom Ticen Ron Bloch Benjamin F. Withhart Program Administrator Executive Director C.E.D. PROGRAMS Multi- Purpose Senior Centers Senior Outreach H.O.M.E. Transportation A Founding Member of �dercare Partners A United Way Agency Attachment H.O.M.E. (Household Outside Maintenance for Elderly) Program Summary SUMMARY PARAGRAPH The H.O.M.E. Program is a homemaker, maintenance and chore services program designed as a cost effective alternative to rising costs of long term care for the elderly. It currently operates in the cities of Bloomington, Brooklyn Center, Crystal, Eden Prairie, Edina, Golden Valley, Hopkins, Minnetonka, New Hope, Plymouth, Richfield, Robbinsdale and St. Louis Park., The Program maintains a core staff of trained individuals to assure prompt, quality services and a skills bank component. Clients are asked to pay for services based on ability (sliding fee scale). TARGET POPULATION Consumers of H.O.M.E. services are residents age 60+ or people with disabilities who live independently and need some affordable in -home services in order to maintain their residence. The Program serves clients who need assistance but are not financially able to afford the full cost of the service as well as frail older adults who require services designed to meet their needs. SERVICES The philosophy of the H.O.M.E. Program is to help maintain independence for elders and avoid premature nursing home placement by providing homemaker, maintenance and chore services. Clients are asked to pay based on a sliding -fee scale. Homemaker services include housecleaning, food preparation, grocery shopping, doing laundry and window washing. Assessments are made and services provided according to the specific needs of each client for type of service, time and frequency. Chore/home maintenance services include snow removal, lawn care, installation of security features, carpentry, minor plumbing, interior /exterior painting, weatherization, minor roof repair and other jobs needed to enable elderly residents to remain in their homes, as well as maintaining their homes in an accordance with community standards. STAFF Home maintenance and homemaker services are provided by workers who are trained in the techniques of working with elders. Skills Bank Workers (independent contractors) are also utilized to provide chore services. Staff reports to a Program Director, who is responsible for their supervision and daily Program operation. Other staff and volunteers provide administrative and clerical support. FACILITY Services are delivered in the homes of elderly residents. Program offices are located at Creekside Community Center, 9801 Penn Ave. South, Bloomington and 7940 55` Ave. North, New Hope. A satellite office is located at the Minnetonka Senior Center. PLACEMENT PROCEDURE Clients gain access to the Program either directly by contacting the H.O.M.E. office or by referral from an area agency. FUNDING SOURCES Revenues are derived from client fees, a service contract with Hennepin County for clients with very low incomes, the Metropolitan Area Agency on Aging MAAA) in support of chore services, cities in which the Program operates, the United Way, and contributions from clients and Friends of HOME, an organization that solicits donations from businesses, churches and community groups. I'yj'! rydrJ. ;zw4 'i(i45 �t'{tF�' M•6, y /,�1 f r •z .y:�. t�a".i Wiwi': ....C, (f f., 'ih} '�I <'+:i k •L��: Y! 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''R: •:3�,i �:1 1 f .r �`•�ii'�� :�'.1�': i:f •L!'�. e� '��3:•A•t rr= .i r sj:J�' h'• Repairing doors ;:hat:::s {�ck .4 S,. s i C-. i M..- f. .}•r '14$ ,lf a� t, +i i i ^Y•t+` •J r :+r,�- ..:,u�y r r'M' �e'1$ '}.t Sealing:cracks:in_':cau�king� sY'� 'k:.r's' tdJ M E Y t'.` 4 ..+r i -i w' }'.:(•�o y e: Jt- L 'F r'rt. 'ai. r' Sri a7��1� r�.t�. �,F, I..Ne,".fa�:� wv �'1•a: :tt i' S,` ■c Ac�r�•'/��•: :A�.'U�'tr�. -minor; home: repcirs •it .ti;:.:�: r t r "�T'J!. 1d i.�.r.;' ".a:. a:..l' �..+d .Y {�w W�. :I+y:u •Y 'i 4.: •s'f �l z .••f•�t� dt' I •S. YMy 1 v +t' .'f .^P� is 4..t {..ry. �43++1i. \a.° ti ri..J q :r: j 1* •i.� ./ay f +.i. J. t•h' '�'t F.iF�.!�• -G. ::•:'C6:ryp: ...aCi.. i«s .i:., :•K1 y:r d y ,i .vv..� Free Estimates• for Large Scale Jobs Rates Based. on .a- Sliding' C.ontribution According to Income CALL-•H.O.M.E. (763) 504 -6985 C HI THE H.O.M.E. PROGRAM IS AVAILABLE TO PERSONS Household Outside Mahitenance for Elderly" i 60 YEARS OF AGE OR OLDER H.O.M.E. is a program of Senior Community Services, a non -profit. United Way agency dedicated to providing rr 2005 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. Community: Brooklvn Center 2. Name of Organization: Communitv Emeraencv Assistance Program. Inc. (CEAP) 3. Contact Person: Tom Hardin or Stephen Klein Phone Number: 763 566 -9600 B. PROJECT DATA 1. Grant Amount Requested: 13.000 ($11.340 Recommendedl 2. Is this request to fund an existing project? X Yes No Is this an existing project Brooklyn Center CDBG- FUNDED Project? X Yes No 3. Leveraged Funds: Amount See 10 Source See #10 4. Project Location: Address: 6840 78 Avenue North. Brooklvn Park, Minnesota 55445 Is the program available Citywide? X Yes No 5. Project Description: Program Name: CEAP Senior Services- HandvWorks Chore Program Where will the program activities be carried out? In the cities of Brooklvn Park. Brooklvn Center, Osseo, East Chamolin and the Camden area of Minneapolis. CEAP HandvWorks Program: Chore services are provided at little or no cost to seniors and disabled persons. Services include lawn mowing, snow shoveling, housekeeping, household maintenance, painting and raking. A Senior Services (which includes both Senior HandyWorks and Meals on Wheels) 2005 Budget is enclosed. Referrals for senior services are taken from family members, clients, medical workers, churches, government workers, and other social service agencies. CEAP's HandyWorks program will also resolve some code violations for resident seniors and permanently disabled persons. CEAP will determine which code violations it is capable of resolving. CEAP also provides Meals on Wheels hot prepared meals, delivered by volunteers to homebound seniors and disabled persons Monday through Friday. Needs Met CEAP is the only social service organization in Brooklyn Center that provides the majority of these services. Senior Community Services also provides some household maintenance and painting services. Low cost chores are usually not available through private business. Most of our clients are low income and need subsidized or low cost services through CEAP. CEAP participates in a metro wide network of providers to avoid duplication of services. 6. Consolidated Plan Priorities: Priority (ies) Public Service Needs: Senior Services Benefiting low and moderate income Dersons Hiah Prioritv 7. Describe anticipated results /accomplishments project will have. By providing these programs to seniors and disabled persons in Brooklyn Center, CEAP hopes to help them remain in their homes longer. These services are oftentimes the only things keeping people from having to enter assisted -care facilities. CEAP served Brooklyn Center residents in the following ways in 2004: 61 households /84 individuals utilized HandyWorks chore services 785 chores were completed 91 households /103 individuals received 12,927 Meals on Wheels Measurement of results: All chores performed for clients are tracked on a HandyWorks version of Filemaker Pro. We have a Senior Service Director and a Senior Services Assistant who coordinate both programs and who do intakes on clients, sets up client files, track all services and conduct follow up with clients. CEAP also has a senior service outcome initially designed for the United Way. The outcome: Area seniors and disabled persons will feel less isolated and feel more connected with their community and others. We measure this outcome by conducting surveys by phone and mail, at least once per year. Our target is that 75% of our clients will report feeling less isolated, and more able to live more independently as the result of CEAP's services. In 2004. 96% of resoondents stated that HandvWorks and Meals on Wheels had a positive impact on their independent livina: and 94% stated that thev were able to utilize communitv resources more and be more aware of them as a result of receiving services throuah CEAP's Senior Services Proaram. 8. Describe how project will assist community in achieving your Livable Communities Act goals. (if applicable) 9. Implementation Schedule: Identify the major project tasks to occur during the first 12 months of the 24 -month expenditure time period. Task Month /Date This is a year- round, continuing program that has activities in every month. HandvWorks: Chore projects currently occur on an ongoing basis. Homemaking is done on an ongoing basis and includes: cleaning, window washing, floor cleaning, dusting, etc. Many of the chores are seasonal. Fall raking, winter snow shoveling, and warm weather lawn care, are coordinated with the Senior Services staff and their workers /volunteers. They update the client and job database on a daily basis. CEAP also performs minor home repair, maintenance and painting projects by request. The request can be made by a senior /disabled adult or by a referring agency or city. We will attempt to resolve city code violations, if it is within the scope of our program, contracted workers, and volunteer groups. Surveys are conducted a minimum of two times per year. One survey is the client satisfaction survey, and the other is the outcome measurement survey. Meals On Wheels: Meals are currently being delivered five days per week. Weekend and holiday meals are also available. The coordinator ensures that there are enough volunteers to deliver the meals, and that the client database is updated daily. Surveys are conducted a minimum of two times per year. One survey is the client satisfaction survey, and the other is the outcome measurement survey. 10. Budget: (Specify total project budget by major project component -i.e. administration, planning, construction, acquisition, direct grants, public service.) Total Senior Services Budget for Calendar Year 2004: 305,387 An itemized budget for both the agency and Senior Services is included as an attachment. Statistical Information: Description of Services Provided 2004 (Brooklyn Park and Brooklyn Center Only) Total Senior Services Clients (unduplicated) 371 Total Senior Serivices Households (unduplicated) 317 Meals on Wheels Individuals (unduplicated) 238 Meals on Wheels Individuals (duplicated number of meals) 31,021 Meals on Wheels Households (unduplicated) 216 Meals on Wheels Households (duplicated) 29,758 HandyWorks Individuals (unduplicated) 133 f HandyWorks Individuals (duplicated number of jobs) 1,612 HandyWorks Households (unduplicated) 101 HandyWorks Households (duplicated) f 1,482 ARe Breakdown: Race Breakdown: Gender: Dwelling Tv )e: <60 yrs. old 62 Caucasian 309 Male —122 Owns Home 229 60 -64 yrs.- 22 American Indian 3 Female- 249 Sr. Housing 77 65 -69 yrs. 31 African/Af Am. 53 Rents 46 70 -74 yrs. 53 Hispanic 3 Condo 12 75 -79 yrs. 58 Asian 3 Other 7 80 -84 yrs. 78 85+ yrs. Old 67 FEB -22 -2005 TUE 11 :54 AM CEAP BROOKLYN PARK FAX NO. 7635669604 P. 02 Program Description Provides Meals on Wheels and HandyV,orks chore services to homebound seniors. Both programs enable senior citizens to live in their ovvn home longer, and provide other supports. zoos Program Budget Income Amount s�,PPORT I neater Twin Cites Uniteo Way 1 535,201 l Omer United Ways $0 0� DII'a GD6G 'SKaoK�tr'1 I I Government Grants Contracts 522,000 13000-Co6& L3 I Foun aticn5 /Corpa atlons 642,314 ir1divicual Contribution- 1 535,000 Program serwc2 Fees I y130,000 Membership Income I $D Earned Income Ctner (Specify) I I MAA.A Title 3 Chore 5zwica I $28,750 l VCA. Title 3 meals on Wheels 1 1 i TOTAL PROGRAM INCOME: $305,387 HB -22 -2005 TUE 11 55 AN CEAP BROOKLYN PARK FAX NO. 7635669604 P. 03 l Amount EXPENSE 1 L 31A0,856 Salary u W�yes $20,903 Employee EenefltS l $17.,550 payroll Taxes sUBTOTAL. $173,309 I I $3,300 Insurance $3,600 Consultants Profe5slonal Fees $2,500 Travel /Transport:Ecion l $1,D00 Equipment 1 $500 Training $2,000 Supplies S2,70C Printing Copying $3,500 eleohore Fax i $2,100 f'CJt4 u pelivery $3,500 Rent a Utilities 2,300 Depreciation i I Ctner (5peclfy) I I L .~2,563 osckground Checks 8800 Volunteer /Employee Recogntion $1,500 Dues, Fees, 5ubsenptlons 315 Auto Expense I I $100,000 C,ient Needs (Meals, TOTAL PROGRAM EXPENSE: I $305,387 FEB -22 -2005 TUE 11:55 AN CEAP BROOKLYN PARK FAX 140. 7635669604 P. 04 2:46 PM Community Emergency Assistance Program DV13I05 Budget Worksheet 6 7 Accrual Basis June through December 2005 ,,2 Jan Dec 04 2005 -6 Varience Actual Budget to Actual %Cho Ordinary Income /Expense Income Contributions Income Restricted -0.77 Business 5,901,7D 1,330.00 4,571.70 Congregations 66,103.94 70,10100 3,999.05 0.06 -0 27 Foundations 165,731,72 120,731.00 45,000.72 Individuals 17,960.26 9,46D.D0 8,500.26 -0.47 Organizations 39.751.23 29,751.00 10,000,23 -0.25 Total Restricted 295,448.85 231,375.00 •64,073.85 -0 unrestricted 0.10 Business 43,216,10 47,537.71 4,321.61 Congregations 122,869.08 135,177.99 12,288.91 0.10 0.39 Foundations 117,913,28 164,413.26 46,500.00 Individuals 45,675.44 52,756.76 6,881,32 0.15 0.00 25,000,00 25,000.00 1,00 Lyric Arts 0.00 3.371.00 3,371.00 0,00 Memorials 0.00 Organizations 50,354.06 50,354.00 -0.06 Total Unrestricted 383,618,96 478,610.73 94,991.77 0.25 Total Contributions income 679.067.81 709.985.73 30,917.92 0,05 20,00 0,00 -20.00 -1.00 Fees for Service -1,00 Gain(LOSS)on Disposal of Prop 1,073.80 0.00 1,073.80 Government Funding 0.00 0.00 Anoka County 38,133.80 36,133.80 59,731.60 59731.60 0.00 0.00 Anoka County Hmislother agency 0.00 45 58,603.45 58,603. 0.00 Anoka County Homeless 000 0.00 Anoka Transportation 129,504.88 129,50 CDBG 64.838.66 64,638.66 0.00 0,00 38,85718 50,000.00 11,142,82 0.29 FEM A Brooklyn Ctr 0 00 0.00 FEMA -Anoka County 24,842.99 24,842,99 HandyWorks Henn. Cty 500.00 50D,00 0.00 0.00 HandyWorks Title 3 21,122,00 21,122.00 0,00 0.00 Hennepin County 83,601.35 71,843,00 11,758.35 -0,1 0.00 Hennepin Cry Homeless 16.826.00 16,826.00 0.00 MOW Title 3 26,919.54 26.919.54 0.00 0,00 40,367.50 40,367.50 0.00 0.00 NwHHSC o.00 Total Government Funding 603,846,95 603,033,42 615.53 HandyWorks Pre screening 585.20 585.20 0,00 0.00 Investment income Gains /loss in value 1,121.95 O.OD 1,121.95 -1.00 8,781.07 17,403.00 8,621.93 0.98 interest 9,743.68 1.27 Total Investment Income 7.659.12 17,403,00 Late Fees 42.11 240,00 197.139 4.70 M {sceilaneous income 5.697.09 10,000.00 4,302.91 0.76 Net Assets Rel From Restriction 4,712,64 6,147.56 3,435.22 0.73 Page 1 of 4 FEB -22 -2005 TUE 11:55 AM CEAP BROOKLYN PARK FAX NO. 7635669604 P. 05 2:46 PM Community Worksheet Assistance Program 01/13105 Budget Accrual Basis June through December 2005 Jan Dec D4 2005 -6 Varience Origination Fees 3,936.99 5,000.00 1,063.01 0.27 0,00 Program Fees 121,685.3 121,685.34 0.00 Repayment .income Bad Debt Recoveries 795.50 795.50 0.00 0. Needs of People 3,928.12 3,928.00 -0.12 0.00 0.00 35,640.85 35,640.85 0.00 Purchase Loans O.00 Repair Loan 3,590.6 3,590.64 0,00 Total Repayment Income 43,955,11 43,954.99 -0.12 0.00 United Way 0.00 2T4,121-00 274,121.00 0.44 General Support D.OD 11,098.77 11,096.77 0.00 Individual Designations Other 7,500.00 7,50D.00 0.00 0.00 Total United Way 292,719.77 292,719.77 0.00 0.00 Total Income 1,762,656,33 1,812,755.31 50,098.96 0.03 Expense 0.00 3,753.75 3,750.00 3.75 Automobile Expense 0.00 Bad Debt 54,666.67 54,675.00 6- a 3 Bank Card Fees 556.91 1.100.OD 543.09 0.58 506.26 500.00 -6.26 -0.01 Bank Service Charges Client Allowances 3,569.50 0.00 3,569.50 Conferencer /Meetings 8,847.72 2,000.00 6,847,72 -0. Contract Labor 13,757.03 13,775.00 7.97 0.00 Data Processing 5,575.00 5,900.00 325.00 0,06 Depreciation Expense 21.230.93 22,500.00 1,259.07 0,06 Duos, Fees &Subscriptions 7,879.32 7.115-DO 704.32 -0.09 Employee Recognition 546.96 800.00 153.04 0.24 Equipment Rental 1,069.07 1,075.00 5.93 0.01 -0 85 Furniture Equipment 3,390.57 500.00 2,890,57 0.00 Insurance Disability Life Insurance 8,885.31 9.063.02 177.71 0.02 Health Insurance 61.016.34 65,287, 4,271,14 0.07 0.25 Liability Insurance 9,989.92 12,489. 2.499.50 Total Insurance 79,891.57 86,839.92 6,948.35 0.09 Interest Expense Loan Interest 2.632.87 7,813.68 5,180,81 1,97 Total Interest Expense 2,632.87 7,813.68 5,180,81 1.97 Miscellaneous 848.56 500.00 -348.56 -0.41 Needs of People Food 101,313.45 102,326.58 1,013.13 0.01 Loans Family Loans 1 UW Auto Leases 100,00 0,00 100.00 OD Family Loans Other 532.50 0.00 532.50 -1.00 Total Family Loans 432.50 0.00 432.50 -1.00 Purchase Loans 68,660.56 68,875,00 14,44 0.00 Page 2of4 FEB -22 -2005 TUE 11:55 AM CEAP BROOKLYN PARK FAX NO. 7635669604 P. 06 2.46 PM Community Emergency Assistance Program 01/13105 Budget Worksheet Accrual Basis .tune through December 2005 Jan Dec 04 2005 -6 Varience 6,273.49 5,275.00 1. Repair 51 5.00 O.DO 0.00 #DIVlO! WAYS to WORK Total Loans 74,701.55 75,150.00 448.45 0.01 rogram Supplies 94,263.89 95,206.53 942.54 0.01 p 0.00 Repair Grants 39,917,46 40,000,00 32.52 Shelter 267,741.35 267,750.00 8.55 0. DO _79 0.00 Special Needs 54,079.69 54,000.00 5,306.25 5,300,00 -6.25 0.00 Transportation Utilities 19,728.18 5,000,00 13,728.18 -0,70 Total Needs of People 657,051.64 645,733.11 11,318.73 -0.02 Payroll Expenses 0.16 403(b) Co_ Contribution 30,255.74 35,014.40 4,758.66 PICA Co- Contribution 39,905.23 50,42D,74 10,515.51 0,26 Gross Wages 700.00 -1.00 Bonus 700.00 Funeral Pay 435.84 435.64 -1.00 Holiday Pay 33,499.82 33,499.62 -1.00 PTO Pay 64,933.90 64,933.90 -1,00 Regular Pay 593,722.61 700,288.00 10 Gross Wages Other 1,694.40 11,565.39 ,691.40 -11.00 ,00 Total Gross Wages 694,986.37 700.288.00 5,301.63 0.01 9,332.68 10,154,18 821.50 0.09 Medicare Co. Contribution SUTA 6,232.39 6,418.88 186.47 0.03 3,550.07 1,500.00 2,050,07 -0.58 Payroll Expenses Other 0.02 Total Payroll Expenses 764,262.48 803,796.17 19,533.59 Postage and Delivery 8,949.08 8,950.00 0.92 0.00 _2.00 0.00 Printing and Reproduction 7,077.00 7,075.00 Professional Fees -0.08 Audit 15,199.87 14,000.00 1.199.87 Computer 22.877.53 24,000.DC 1,122.47 0.05 Consulting 5.000.00 0.00 5,000.00 -1,00 Payroll Service 1,969.55 1 5.15 0.00 Total Professional Fees 45.047.25 39,975.00 5,072.25 -0.11 Rent 27,157,15 27,175.00 17.85 0.00 Repairs 2 82 0.00 Building/Grounds Repairs 4,277.82 4.275.00 Equipment Repairs 2,896.46 2,900.00 3.54 0.00 Total Repairs 7,174.28 7.175.00 0.72 0.00 Security Expense 1,14577 1,150.00 4.23 0.00 Supplies 0.05 2,194.03 2,300.00 105,97 Maintenance 0.04 Office Supplies 17,648.91 17,000.00 548.91 Total Supplies 19,842.94 19,300.00 -54294 -0.03 Page 3 of 4 FEB -22 -2005 TUE 11 :56 AM CEAP BROOKLYN PARK FAX NO. 7635669604 P. 07 2:46 PM Community Emergency Assistance Program 01113105 Budget Worksheet Accrual Basis June through December 2005 Jan Dec 04 2005 -6 Varienee Telephone 403.06 -1.00 Cali a Pager 403.06 4,979.97 4,975.00 -4.97 0.00 Comput ®r Connections Q.61 Long Distance 31.07 50.00 18.93 Monthly 81427.07 8,425.00 -2.07 0.00 -0.03 Total Telephone 13,841.17 13,450.00 391.17 Training 1,028.00 0.00 1,028.00 Travel 8 Ent Mileage p_pg Mileage Staff 6,2Q9.38 5,700.00 •509.38 238.30 225.00 -13.30 -0.06 Mileage Volunteer -0,02 Mileage Other 76.29 75.00 -1.29 Total Mileage 5,523.97 6,000,00 523.97 -0.08 Total Travel S Ent 6,523.97 6.000.00 523.97 -0.08 Utilities 0.06 Gas and Electric 9,066.37 10,248.4 580.10 1,660.68 1,972.32 111,64 0.06 Rubbish 1,598.35 90 47 0106 Water 1,507.88 13,036.93 13,819.15 782.22 0.06 Total Utilities Volunteer 243.91 Volunteer Luncheon 3,743.91 3.500.00 Volunteer Recognition 832.82 500.00 332.82 0,40 -0,13 Total Volunteer 4,576.73 4,000.00 576.73 6,130.67 6,253,28 122.61 0.02 Workers Compensation p,00 Total Expense 1,811,679.95 1,812,755.31 1,075.36 Net Ordinary Income 49,023.62 0.00 49,023.62 -1.00 Net income 49,023.62 0.00 49,023.62 -1.00 Page 4 of 4 G �NCY ASSIST CD LZ R CF 9, January 28, 2005 Mr. Tom Bublitz Community Development Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Bublitz: Enclosed is our application for 2005 CDBG funds. We are requesting $13,000 to be used to support our Senior Services Program, which includes HandyWorks Chore Services and Meals on Wheels delivery. CDBG funding will allow us to service the senior citizens of Brooklyn Center and help us meet the rising demand for services in yet another particularly challenging year for nonprofit organizations. We believe that this service would be of considerable benefit to the City of Brooklyn Center and your code enforcement programs, as it would provide a significant resource and partner to assist the elderly and disabled residents that may need affordable options to respond to housing maintenance concerns. We hope that Brooklyn Center will continue to dedicate a portion of their CDBG funding to the needs of area seniors. If you would like further information on programs or services, please feel free to call me at 763- 450 -3663 or contact me by email at lean n.santana ()ceap.com. Thank you! Sincerely, Pnn ana Contract /Grants Manager 6840 78th Ave. N. Brooklyn Park, MN 55445 (763) 566 -9600 Fax (763) 566 -9604 1201 89th Ave. N.E., Suite 130 Blaine, MN 55434 (763) 783 -4930 Fax (763) 783 -4927 vdma w, www.ceap.com A cy CEAP's Senior Services were developed to help senior citizens and adults with disabilities to be able to remain independent and stay in their own homes. Senior Services runs two programs out of CEAP's Brooklyn Park office. Meals on Wheels serves Brooklyn Center, and Brooklyn Park and Camden. CEAP expanded the HandyWorks program to include Osseo and all of Champlin as well as serving Brooklyn Center, Brooklyn Park, and the northern part of the Camden neighborhood of Minneapolis. handyWorks HandyWorks is a chore service program serving senior citizens over age 60 and adults with disabilities. HandyWorks is one program in a network r of 15 HandyWorks programs coordinated through Greater Minneapolis GMCC) throughout the Twin Cities metropolita Council of Churches, 1 area. HandyWorks uses volunteers and independent contractors to per form housekeeping, yard care, snow removal and minor home maintenance. As the senior population increases, so does the need for services. The need is growing faster than HandyWorkers can be found. Meals On Wheels CEAP's Meals on Wheels program provides home delivered, hot, nutri- tious lunches to senior citizens and adults with disabilities. For some cli- HandyWorks Volunteers ents, Meals on Wheels is a solution to a temporary set -back, such as re- or other clients it provides the independence overing from surgery. F of p P being able to stay in their own homes. It also gives peace of mind to F the client's family because they know that their loved one is eating a balanced meal and being visited daily by a friendly volunteer. Meals on Wheels exists mostly because of the commitment of volunteers. Twelve volunteer drivers are needed each weekday throughout the year to deliver meals to approximately 120 homes. 2003 Outcome Results MEALS ON WHEELS Total Number of clients: 246 Meals delivered daily 120 Delivered monthly 2,327 Total meals for 2003 27,922 Telephone buddies Volunteers hours 5,013 CEAP's senior services has added a new HANDYWORKS program called "Telephone Buddies." This Households served 194 program will allow seniors to use their tele- Jobs 1,861 P hone to make new friends without leaving Volunteer hours 1,193: their homes. As an added bonus it will also serve as reassurance that help will be on the way in the event of an emergency. Anyone interested in knowing more about this pro Dage 8 2003 AnnualRep Ott gram please call Annetta at 763 -566 -9600. 2005 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (Use one form per project) A. GENERAL INFORMATION 1. Community: Brooklvn Center 2. Project Name: Rehabilitation of Private Property (Single Familv Housing Rehabilitation) 3. Contact Person /Phone No. Tom Bublitz, 763 -569 -3433 B. PROJECT DATA 1. Funding Request $169,944 2. Is this a request to fund an existing CDBG- funded project? X Yes No 3. Leveraged Funds: (What other public or private funds does project include? If none, indicate w /check here None: X Amount Source 4. Project Location: Address or Citywide X 5. Project Description: (Describe the project in as much detail as possible and identify what, if any, alternative funding sources have been considered for this project.) To provide funds for the rehabilitation of existing homes of low income owners. This is an ongoing program to support the rehabilitation of existing single family dwellings. Since the program's inception in the mid 1970's, over 300 homes have been rehabilitated under this program. 6. Consolidated Plan Priorities: Using the list provided, identify what priority(ies) the project will meet. (Note: If a proposed project is a low Urban County priority, you must explain why it has a higher priority in your community.) The project meets the consolidated plan priority by providing rehabilitation of existing units occupied by low income households. 7. Describe anticipated results /accomplishments P rojects will have. (number of persons /households to be assisted /served, number of housing units to be rehabbed /built, etc.) This is a continuous project. It is estimated Brooklyn Center will complete Ito 10 homes with this allocation and completion of the same will be approximately 18 months. 8. Describe how project will assist community in achieving Livable Communities Act goals. (if applicable) Project will assist in achieving Metropolitan Livable Communities Act goals by helping to preserve affordable housing. 9. Implementation Schedule: (Identify the major project tasks to be performed and when they will occur.) Task Date Rehabilitation of Private Property 18 months 10. Budget: Specify total project budget by major project component -i.e.; administration, planning, construction, acquisition, direct grants, public service.) BUDGET /SOURCE OF FUNDS Component CDBG Other Rehabilitation $149,550 County Administrative Fee (12%) 20.394 Project Totals $169,944 HOME r p Office Phone: 612/728 -5770 CD 3455 Bloomington Avenue Hotline: 612/728 -5767 Fax: 612/728 -5761 Minneapolis, MN 55407 www.homelinemn.org Mr. Tom Bublitz City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center 55430 January 6, 2005 Dear Mr. Bublitz: This letter is to request funding in the amount of $5,000 from the City of Brooklyn Center's Community Development Block Grant Program. This funding would support HOME Line's Tenant Hotline Services and High School Renter Education, as well as offering our new services through our Immigrant Outreach Project. In addition to providing residents in Brooklyn Center our tenant hotline services and high school renter education program, we will now be addressing the needs of new immigrant communities. We are excited about this new program because it allows individuals with language and cultural barriers to access our services and get the information they need to keep their homes safe, decent, and affordable. I am enclosing a summary of our proposal and a one -page sheet summarizing our hotline's service to Brooklyn Center residents. HOME Line is building upon our depth of experience in serving Brooklyn Center. We are creating new solutions to meet current challenges and addressing the needs of low income residents is a priority for HOME Line. We would like the City of Brooklyn Center to be our partner in meeting these needs. Please feel free to call Michael Vraa, our Managing Attorney and Hotline Director at 612 728 -5770 x 113 if you need further information. We look forward to hearing from you. Sincerely, Beth Kodluboy Executive Direct enclosures as noted Tenant Advocacy in Minnesota Summary of HOME Line's Tenant Services Proposal Renters make up nearly 3,575 households in Brooklyn Center, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose money that is rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line will provide three distinct, but related, programs as part of this grant: a tenant hotline that provides free legal advice to tenants about landlord /tenant law, a high school educational program, and our new immigrant outreach program that provides services to new immigrants. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. While our services are available to all renters free of charge, over 94% of our callers are low or very-low income; almost three quarters (72.5 of these callers are women; 21 are racial minorities. Our programs are aimed at low income renters, high school students who are about to enter the rental market, and recent immigrants. Tenant Hotline The first of these programs is HOME Line's tenant hotline. The hotline began in 1992 as a service to Suburban Hennepin County residents. Today, we serve the entire state (excluding Minneapolis and St. Paul) and have recently taken our 70,000th call. Three staff attorneys work full time on the hotline along with 40 -60 law student volunteers each year. Brooklyn Center has accounted for 2,867 calls since 1992. Our tenant services to Brooklyn Center have helped save tenants at least $63,000. Last year alone we advised 177 callers from Brooklyn Center. The most common reasons Brooklyn Center residents call our hotline are; repairs, evictions, questions about how proper notice to vacate is given, security deposits, and break lease questions. The need for this service in Brooklyn Center is apparent Brooklyn Center residents already rely on this valuable service. Hiah School Renter Education Proaram The second program is our high school presentation program. To date, we have spoken to 660 classes (over 17,000 students) throughout the metro area. At Brooklyn Center High School alone we have spoken to 22 separate classes (413 students). This award winning class (Business Economic Education Foundation) focuses on the things that future renters should know, including how to avoid evictions, how to select roommates, security deposits and understanding leases. Immiarant Outreach Proiect The third program focuses on immigrant outreach efforts. According to the 2000 census, foreign born people make up at least 3,280 or 11.4% of the Brooklyn Center population (a number which will surely continue to grow). Recognizing that many recent immigrants are not sure where to find a variety of useful resources, HOME Line has recently begun working to bridge this gap. A recent example of how this program works illustrates how we will implement it in Brooklyn Center: The African Assistance Program is a Brooklyn Park based agency that works on issues affecting recent immigrants from Africa (their criteria for helping someone is that they moved to the U.S. in the last seven years). We recently sent a staff attorney to conduct a three hour training at their office. In attendance were staff from the African Assistance Program along with volunteers that frequently work in their office. The three hour session is designed to give a broad overview to the, key concepts of landlord tenant law in Minnesota. Now, when a client of their program approaches them with a problem concerning their tenancy, they are put in contact with the specific attorney who spoke at their office. If the client needs to fax in documents or needs a translator, the African Assistance Program tries to provide this help. The goal of this program is to have the social service agency serve as a conduit between the recent immigrant with a tenant problem and our office. By offering free tenant hotline services and free high school renter education programs for high school students, HOME Line has been providing needed services for those most vulnerable. Many recent immigrant groups live and work in Brooklyn Center and many of them are them are living in rental housing with lower incomes and have no knowledge of their rental rights. It is important that we train and work with those social service providers who have contact with these new residents, so they too can use the tenant services to solve their rental problems. HOME Line Renters' "Hotline" Brooklyn Center Information on calls during the period 1/1/92 through 12/31/2004 Number of Calls Per Year Over the past thirteen years a total of 2,867 Brooklyn Center renters have contacted 400- 300 266 265 300- 225 256 213 216 219 196 207 177 HOME Line. This represents service to 1 I I I approximately 7,167 residents when all family members have been counted. 92 93 94 95 96 97 96 99 00 01 02 03 04 The vast majority (over 99 of Brooklyn Callers Incomes 1992 -2004 Center callers to HOME Line are low or very low income. These income categories are very Low those used by the U.S. Department of H.U.D.: so% Low 19% Very Low: incomes below 50% of the metro median Moderate Low: incomes between 50% and 80 of the metro median Moderate: incomes above 80% of the metro median. HOME Line has helped Brooklyn Center residents recover money from their landlords. High School Renter's Education Tenants have received $13,476 back from improperly withheld security deposits and HOME Line's High School Community $49,703 in rent abatements (refunds for Renter's Education Program provides advice substandard conditions). on tenant rights and responsibilities. This free The Hotline receives approximately 8,000 presentation covers most things that first time calls per year. Careful records are taken for renters are likely to encounter, including each call, including the reason the tenant roommate problems, evictions, security called. These are the top ten topics in deposits and repair problems. Brooklyn Center over the last thirteen years In the last thirteen years, HOME Line has (followed by the number of calls): been to 50 classes with Brooklyn Center, 1. Repairs 608 students speaking to 974 students. 2. Evictions 512 Brooklyn Center High School 22 classes, 3. Notice to Vacate 320 speaking to 413 students 4. Security Deposits 281 Osseo -Park Center High School 13 classes, 5. Break Lease 132 speaking to 288 students; 6. Tenant Screening 117 Park Center Alternative School 7 classes, 7. Financial Aid 116 speaking to 130 students; 8. Lease Questions 103 Osseo Area Learning Center 8 classes, 9. Housing Search 96 speaking to 143 students. 10. Privacy/Intrusion 94 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Post and has full.knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331 A.02, §331 A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 10 day of February 2005, and was thereafter printed and published on every Thursday to and including Thursday, the da of 2005; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- City Of Brooklyn C enter edged as being the size and kind of type used in the composition and publication of the (Official Publication) p P Publish 2 -9 -05 NOTICE OF PUBLIC HE CITY OF BROOKLYN CENTER notice: 2005 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT abcdefg"khnnopgrstuvwxyz PROGRAM Notice is hereby given that the City of Brooklyn .Center m cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 28, 2005, at 7 pm. or as soon thereafter as the matter may be BY: heard at the Brooklyn Center City Hall, 6301 Shingle CFO Creek Parkway, Brooklyn Center, Minnesota. xt The public hearing is on the housing and eoAu city de- velopment needs and the City's proposed use of esti- mated 2005 Urban Hennepin County Cominaii ity Devel- opment Block Grant Program planning allocation of $199,764. Subscribed and sworn to or affirmed before me In addition, between July 1 2005 to June 30, 2tTb8, it is es- timated that n o additional m y February p ro gram income �mm privy on this 10th da Of .2005. ously funded CDBG activities will be available to the City. Th City of Bklyn Cter is g a to fall e roo an owinctivities with 2005Prx�gpooeemmgg :County the Urban Hennepin, t�( �'iA—��'��' CDBG funds starting on or about July 1 200b r. Notary PUb Neighborhood Public Service tivk +�v Mi Ni Rehabilitation of Private Property 69 944 For additional information on the priorities, p posed ac- MARY ANN CARLSON tivities, level offunding and pra a performance, contact NOTARY PUBLIC MINNESOTA the City of Brooklyn Center at 763. 569 -3300 er the Hen- MY COMMISSION EXPIRES 131.M nepin County Housing, Community works and Transit Department of Transit and :Community- ;Works at 612 348 -9260. The public hearing is being held pursuant to MS 471.59. RATE INFORMATION Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact 1) Lowest classified rate paid by commercial users 2.85 Der line the City Clerk at 763 569 -3300 to make arrangements. for comparable space (Feb. 10, 2005)pl/CDBGlcrass (2) Maximum rate allowed by law 6.20 Der line Legal Notices continued on next page (3) Rate actually charged 1.30 Der line CDBG Single Family Housing Rehabilitation Program, Income Verification HUD requires that, in determining household income for CDBG program purposes, one of three methods be used. These are; Section 8 Housing Assistance Payments program; Annual Income as reported under the Census long -form from the most recently available decennial census; adjusted gross income as defined for purposes of reporting under Internal Revenue Service (IRS) Form 1040 for individual Federal annual income tax purposes. Hennepin County uses the IRS methodology. Borrowers must have a household gross annual income at or below 80% of the Area Median Income for the household size, (also known as Section 8 Very Low Income). Gross annual income is defined as the gross annual income, from all sources before taxes or withholding, of all individuals living in the housing unit for at least nine (9) months of the forthcoming twelve -month period. Gross annual income includes: a. Wages, salaries, tips, etc. b. Taxable interest. C. Dividends. d. Taxable refunds, credits or offsets of State and local income taxes. (There are some exceptions refer to Form 1040 instructions.) e. Alimony (or separate maintenance payments) received. f. Business income (or loss.) g. Capital gain (or loss.) h. Other gains (or losses) i.e. assets used in a trade or business that were exchanged or sold. i. Taxable amount of individual retirement account (IRA) distributions. This includes simplified employee pension (SEP) and savings incentive match plan for employees (SIMPLE) IRA. j. Taxable amount of pension and annuity payments. k. Rental real estate, royalties, partnerships, S corporations, trusts, etc. Income from rental properties, including rents from the property to be improved, shall be included in gross income. A copy of the lease, or a statement, signed and dated by the tenant(s), which shows the monthly rent paid is adequate verification of rental income. Expenses allowable for deduction for rental purposes include a proportional share of mortgage interest payments, utilities, taxes, insurance, and maintenance. In no event shall such deductions exceed gross rental income. I. Farm income (or loss.) m. Unemployment compensation payments. n. Taxable amount of Social Security benefits. o. Other income. This includes: prizes and awards; gambling, lottery or raffle winnings; jury duty fees; Alaska Permanent fund dividends; reimbursements for amounts deducted in previous years; income form the rental of property if not in the business of renting such property; and income form an activity not engaged in for profit.) Gross annual income shall be based upon annualized weekly or monthly income as of the date of verification. In cases where the gross income of the applicant's household is extremely low, the applicant must produce written verification of the household's monthly expenditures, clearly itemizing the amount of money and its source on all of, but necessarily only, the following applicable items: mortgage; contract for deed; insurance; loans; income and property taxes; transportation expenses; charge accounts; health costs; food; utilities; clothing; and entertainment. These expenses shall determine the household maintenance income. Any income determination resulting in a net LOSS of income must be considered as $0 income. That is, an income loss from one source may not be subtracted from a separate source of income for the purpose of determining total household gross annual income. Projected bonus and /or overtime may be determined by contacting an employer. The amount may be based on prior years figures or average amounts awarded to other employees with the same status. The most recent IRS tax return may also be used for these purposes. Self- employed persons must submit signed copies of IRS tax returns, as sent, for the previous two years. Applicants who are not self employed should only submit a signed copy of the previous years tax return. Applications processed before April 15th of any given year may use the IRS tax returns from the second (and third, if self employed) preceding years if that for the first preceding year is not available. Applications processed after April 15th of any given year must use the IRS tax returns from the first (and second, if self employed) preceding years. Gross annual income for self- employed applicants is determined by averaging the income from the two submitted returns. Normal out -of- pocket business expenses such as office rents, telephone, etc., are generally deductible items. Property or equipment depreciation and entertainment are not deductible and must be added back to establish income for program purposes. Individuals who have been self employed for less than two years must submit both a Net Worth Statement and a properly prepared cash basis Profit and Loss Statement detailing the business income and expenditure. Both Statements should be prepared and signed by a reputable third party although the applicant may prepare one provided that it is endorsed by a reputable third party and that it includes a declaration that all information contained in the Statement is accurate and complete and that the applicant is aware that any errors or evasions may result in prosecution. If the individual can produce a signed IRS return for one complete year of self employment and a Profit and Loss Statement for the subsequent period, that will be acceptable. The Calculation of Gross Annual Income may NOT be based on a temporary condition such as unemployment or temporary worker's compensation. Households receiving unemployment compensation are ineligible for assistance unless: a. unemployment recurs on a reaular basis and is a consistent element in gross annual income. In such instances, income from this source shall be determined as follows. Establish the anticipated annual income if the individual were to be employed for twelve months at the weekly rate current at the time of verification; deduct the average number of weeks the individual received unemployment for the past two years (from the federal income tax returns); add an amount equal to the average number of weeks unemployed multiplied by the weekly amount to which the individual is currently or; b. the individuals income, when working, was such that it would not have been an obstacle to eligibility. The individual must be able to demonstrate at least two years history of employment at such an income (either with copies of federal income tax returns or by statements from former employers if the income received was too low to require tax returns to be filed.) Gross Annual Income may not be based on temporary nonrecurrina unemployment of known duration, such as that due to lay -offs, maternity leave, sabbatical leave, etc. Rather, income shall be calculated based on the normal annual Income of the temporarily unemployed person. Application of those who are unemployed for an unknown period of time shall not be considered until the unemployed household member has exhausted all eligibility for unemployment compensation and the employer indicates a callback date is unknown. At that time, the household must be able to demonstrate that it is both income eligible and capable of meeting its monthly obligations, as outlined above. If worker's compensation is permanent income, it must be verified by the insurance company. Exclusions from Gross Income 1. Child support. 2. Money or property that was inherited, willed or given as a gift. 3. Life insurance proceeds received as a result of someone's death. Deductions from Gross Income Once the gross income figure is obtained, applicable deductions must be subtracted to arrive at the household's adjusted gross income. The deductions are: 1. IRA deduction. 2. Medical savings account deduction. 0 3. Moving expenses. 4. One half of self employment tax. 5. Self- employed health insurance deduction. 6. KEOGH and self employed SEP and SIMPLE plans. 7. Penalty on early withdrawal of savings. 8. Paid alimony. Property Inspection At least two inspections of each approved property are carried out. The first inspection shall be performed immediately following the establishment of applicant's eligibility. The Property Inspection Report is a formal record of that first inspection which lists all deficiencies in the dwelling and is used to establish that sufficient funds are available to render the dwelling reasonable habitable, safe and energy efficient. The second mandatory inspection shall take place after the work is finished, to determine that all work has been completed in a satisfactory manner consistent with these guides, the Scope of Improvements, the contractor bid and the Work Contract. Additional inspections are carried out as needed to monitor construction activities at the property and /or to address changing physical conditions. For properties built before 1978, a Paint Inspection /Risk Assessment (PIRA) must be carried out before any work orders are issued. The PIRA is conducted by a licensed risk assessor who, if necessary, will also prepare work specifications designed to address any identified lead hazards that are to be included as part of the funded improvements. If lead hazard reduction activities are funded through this program, the property must pass a clearance inspection (also conducted by a properly qualified individual) before any payment for the lead hazard reduction activities can be authorized. Hennepin County staff includes four rehabilitation property inspectors, each having more than ten years experience in working with single family homes. All have written extensive bidding specifications and have monitored construction activities on a wide variety of single family homes. All the inspectors take particular care to ensure that all appropriate permits are secured by contractors working in our program and no funds are released unless work is approved by the appropriate city or state inspector. Two of the inspectors have credentials as energy inspectors. All four inspectors are licensed Lead Risk Assessors and the County can call upon two additional, vastly experienced, Risk Assessors whose .primary responsibility is the two federally- funded Lead Hazard Reduction Grants administered by the County. CREDIT APPLICATION HENNEPIN COUNTY HOUSING REHABILITATION FINANCE PROGRAMS Borrower(s): eirst Name: ,Last Name. Soc. Sec. First Name: Last Name: Soc. Sec. Home Address: City: State: Zip Code: How Long: Home Phone number: Work Phone number: Marital Status: Married Unmarried Separated (unmarried includes single, divorced, or widowed.) The information directly below is requested solely for the purpose of determining compliance with federal civil fights law and your response will not affect consideration of your application. Please circle one from each of the first two groups and one or more from the third group. Sex: Male Ethnicity: Hispanic or Latino Race: American Indian Alaska Native Female Not Hispanic or Latino Asian African American /Black Native Hawaiian or other Pacific Islander Caucasian/White Number of residents: 18 or older Under 18 Employment and income List income from all sources: Name of Resident I Age of Resident Income per Month I Source of Income i Which of the following improvements would you like to make to your property? (check all that apply.) Windows Doors Roof Repair Siding Structural Sidewalks /steps Heating Painting Electrical Flooring Plumbing Accessibility Other Credit Information: 1. Have you or a member of your household ever received a housing rehabilitation loan through the city or Hennepin County? Yes No If yes, what is the date of loan? Original principal amount of loan: 2. Credit History: These questions apply to all applicants. If you answer "yes provide a separate written explanation. Are there any outstanding judgements or liens against you? Yes No Have you been declared bankrupt within the past 36 months? Yes No Have you had any property foreclosed upon or given title or deed in lieu thereof? Yes No Are you a co -maker or endorser on a note? Yes No Do you have any past due obligations owed to or insured by any of the federal government? Yes No 3. List all income earning assets, including bank accounts. Provide name of bank, account number(s) and a copy of your most recent statement(s). Checking Savings 4. List approximate monthly expenditures on a. long -term debt* b. household expenses *If there are less than ten payments remaining, you can omit. Indebted to (name) ,I Date Incurred I Original Amount Present Balance Monthly Payments if business related e taxes and insurance are not included in your payment, indicated average monthly amount. Signatures 1 /we certify that the statements contained in this application are true and complete to the best of my /our knowledge and behalf. I /we agree to the conditions pertaining to completion of work. I /we hereby authorize the release of any information necessary for the lending institution to process this application. Applicant's Signature Co- Applicant's Signature Date: RETURN APPLICATION TO: Hennepin County Housing Division Department of Housing, Community Works Transit 417 North Fifth Street, Suite 320 Minneapolis, MN 55401.1362 Application Instructions Hennepin Count administer p y s several programs through which eligible homeowners may receive assistance in repairing their homes. You can help expedite processing by filling out the attached credit application in full and by providing the following required materials: Copies of the two most recent check stubs from your employer(s) if they show year-to- date income or the four most recent check stubs if year -to -date income is not shown. Copies of your federal income tax returns for the last two years with all schedules and W2 forms. Copy of your contract for deed, if applicable. Copy of your most recent bank statement(s). Copy of your divorce decree with all amendments, if applicable. Copies of your social security annual statement, pension statement, AFDC and /or GA statement or copy of most recent check(s) if income is received from any of these sources. If the checks are deposited directly into a bank account, copies of the most recent statement is acceptable. Please note copies of this type of income you received last year are not acceptable. As a lender, we are required to verify all sources of income, check credit history and verify your ownership interest in the property. In some instances we may have to contact you for additional information before a determination of eligibility can be made. Financial information may have to be updated prior to final approval. We are working with limited funds. If you are eligible for assistance you may have to wait for funds to become available. You will be notified concerning the availability of funds. Work started prior to the date of loan closing will not be funded. Applications will be processed in the order that complete application information is received. Instructions: Complete the application in full in ink or on a typewriter. Include all of your account numbers and addresses for charge accounts, loans, mortgages and name and address of the contract for deed vendor to whom you make your house payments. You must include all sources of income for all residents of the household. A resident is someone who lives in the home for at least nine months of the year. Income includes wages, tips, commissions, alimony, child support, spousal maintenance, AFDC, Social Security, worker's compensation benefits, unemployment benefits, pensions, state and federal supplemental income, income from renters, investment income, public assistance, self employment income and all other income. Sign and date the Application, Acknowledgement Authorization to Release Information form, and the Property Owner's Agreement. Also sign or re -sign and date your Federal Income Tax returns. Submit all of the application materials to: Hennepin County Housing, Community Works Transit, Housing Development, 417 North Fifth Street, Suite 320, Minneapolis, MN 55401 -1362. For additional information or if you have other questions, please call our office at 612- 348 -9260. Urban Hennepin County Housing Rehabilitation Loan Program Individual Data Confidentiality Your Rights as a Subject of Data In accordance with the Minnesota Government Data Practices Act, Hennepin County is required to inform you of your rights as they pertain to the private information collected from you. Private data is that information which is available to you, but not to the public. The personal information we collect about you is private. The information collected from you or from other agencies or individuals authorized by you is used to determine your eligibility for a home improvement loan. You are not required to provide information relating to your marital status and race, however, this information is vital to determine to what extent our programs are used by minorities. All other information on the form is needed to determine your eligibility. If you will not supply the required information, Hennepin County will not be able to determine your eligibility for the loan. The dissemination and use of the private data collected is limited to that necessary for the administration and management of home improvement loans. Persons or agencies with whom this information may be shared include: Hennepin County personnel administering home improvement loans. Personnel of any city cooperating with the county in administering home improvement loans. City Council members only that information needed to approve the application for loan funds and /or payments to contractors. Federal, state, county, local and contracted private auditors. Authorized personnel from the U.S. Department of Housing and Urban Development. A contract for deed holder only to state that you are a loan recipient and the amount of the loan. Law enforcement personnel in cases of suspected fraud. Individuals or agencies to who you give written permission by executing an Authorization to Release Information form. Secretary of the Treasury only your name and address, for purposes of avoiding the acceptance of a tax credit for energy improvements made with loan funds. Unless otherwise authorized by statute or federal law, other government agencies utilizing the reported private data must also treat the information as private. You may wish to exercise your rights as contained in the Minnesota Government Data Practices Act. These rights include the right to: See and obtain copies of the data maintained on you; Be told the contents and meaning of the data; Contest the accuracy and completeness of the data. To exercise these rights please contact someone from our housing staff at: Hennepin County Housing, Community Works Transit Housing Development 417 North Fifth Street, Suite 320 Minneapolis, MN 55401 -1362 T:/ TRE/ 4HOUSINGDEVELOPMENT /OPxxADMIN /DPUPROG /REHAB /credit.ltr.doc ACKNOWLEDGEMENT AND AUTHORIZATION TO RELEASE INFORMATION Please read the enclosed information sheets, check the boxes below and sign and date this form. It must be returned with your completed application to the Hennepin County Department of Transit and Community Works (address on cover letter.) I have received and read the following documents Q The "Individual Data Confidentiality" form O The "Protect Your Family from Lead in Your Home" insert O The Application Instructions In submitting this application I acknowledge that if my eligibility is established I am aware that housing rehabilitation funds may not be immediately available for my use, and I further acknowledge that my continuing eligibility will depend upon my being_ able to provide re- verification of eligibility when requested by the Hennepin County Department of Transit and Community Works. I hereby authorize Hennepin County to verify past and present employment records, compensation from other p her sources bank statements securities ties holdings, and any other asset balances that are needed to process my application for home improvement related financial assistance. I further authorize Hennepin pin County to obtain a consumer and /or business credit report and verify other past and present mortgage references, as it may deem necessary. I request all employers, financial institutions and other creditors to accept a photocopy or fax copy of this signed authorization as evidence of my consent to release information to Hennepin County. Type or print name of applicant Type or print name of co- applicant Signature of applicant Signature of co- applicant Date signed Date signed Applicant Social Security Number Co- applicant Social Security Number r t Property Owner's Agreement Owner's Agreement I have applied for a loan from Hennepin County Housing, Community Works and Transit (HCW &T). If this loan is granted, In understand that Hennepin County HCW &T will be inspecting my property, acting as technical agent, and monitoring the loan for the rehabilitation. Owner's Responsibilities I understand that even though Hennepin County HCW &T provides the loan, it is my responsibility to: 1. Review specifications; 2. Contact contractors and review their bids; 3. Sign the construction contracts and change orders; and 4. Approve the loan payouts. I further understand that all loan funds will be held by Hennepin County HCW &T. Disbursement will be subject to my and Hennepin County HCW &T's authorization. I acknowledge that I have been advised that I should inspect the work as frequently as possible. I should also discuss with the contractor or Hennepin County HCW &T personnel any difficulties or poor workmanship observed. I understand that once materials are in place that cost of repair or replacement is substantial. Relocation Policy I understand that all jobs involving lead hazard reduction may require vacating my property. Hennepin County HCW &T will review on a case -by -case basis relocation for all work involving lead. Hennepin County HCW &T reserves the right to relocate a household if necessary. Preferably, I am encouraged to find my own accommodations by staying with relatives or friends in lead -safe housing. If no other option exists, all costs associated with the relocation will be taken from the rehabilitation loan and the costs should not exceed $1,000. As owner, I am responsible for storage of all breakables and removing all clothing from closets, etc. I understand that due to the nature of the working conditions, only workers trained in lead hazard reduction may enter the work site. I understand during relocation that I am not allowed to return to the work site during the day or at night, and I will contact the Hennepin County HCW &T if I have special needs that require my re -entry to my property. I will not return to my home until the unit has been cleaned and cleared to the federally mandated standards and I have received authorization from the Hennepin County HCW &T. Hennepin County HCW &T's Role 1. I understand that Hennepin County HCW &T provides work- related progress inspections. However, these services are not a guarantee of any type, and do not make Hennepin County HCW &T responsible for the quality of the work, or responsible for any contractor or worker's performance. 2. I understand that the staff of Hennepin County HCW &T cannot be personally available for inspections of each segment of the work performed. Hennepin County HCW &T will reasonably rely on the competence and skill of each individual contractor as is normal in the course of business negotiations, transactions and execution of the contract. General Provisions 1. I further agree to hold harmless and indemnify Hennepin County HCW &T in connection with acts performed by them which would reasonably be associated with consultation, technical advice, financial counseling, loan processing, property inspections and other related items. 2. I understand if I would like to refinance my first mortgage for any reason, there will be no guarantee that this rehabilitation loan will be subordinated. The city of -will review the terms and conditions of the refinancing and will have final approval of the subordination. 2. Whenever the pronouns "I "my" or "we" are used in this agreement, they shall mean "we "our" and "us" respectively if more than one owner signs below. Owner Date Owner Date Hennepin County HCW &T Staff TATRE \4HOUSING DEVELOPEMENT \REHAB \DOC \Property Owner's Agreement (for applicant ).doc Hennepin County Memo DATE: March 5, 2004 TO: Urban Hennepin County Subreci Tents P tY P FROM: Mark Hendrickson SUBJECT: 2004 SECTION 8 INCOME LIMITS POVERTY GUIDELINES Below are the Section 8 income limits, effective as of January 28, 2004 for households that are low- income (80 percent of median), very low- income (50 percent of median) and 30 percent of median family income. Income limits are based on 2000 census updated to 2004. Median income for the Minneapolis /St. Paul area increased from $75,300 to $76,400. U.S. median family income increased from $56,500 to $57,500. The national figure is used as a cap in calculating 80 of median income limit for households of different sizes. This year, only income limits for households at 80% of median changed. For the third year in a row, income limits for households at 30 percent and 50 percent of median did not change. The following income limits must be used in calculating household income eligibility for all HUD- funded activities needing to document low /moderate- income benefit. The income limits are effective until further notice. Additional information on income limits is available on HUD's website at http: /www.huduser.org/datasets /il.html FY 2004 MEDIAN HOUSEHOLD INCOME: $76,400 (MPLS /ST. PAUL METRO AREA) Households amp 0, COAT. 3 1 Person 1 40,250 32,220 1 26,850 16,100 2 Person 46,000 36,840 1 30,700 18,400 3 Person 51,750 41,400 34,500 20,700 4 Person 57,500 46,020 38,350 23,000 5 Person 62,100 49,680 41,400 24,850 6 Person 66,700 53,400 44,500 26,700 7 Person 71,300 57,060 47,550 28,550 8 Person 75,900 t 60,720 50,600 30,350 FY 2004Federal Poverty Guidelines: One person $9,310, Two person $12,490, Three person $15,670, Four person $18,850, Five person $22,030, Six person- $25,210, Seven person $28,390, Eight person $31,570. T:\TRE \4HOUSING DEVELOPEMENT\ OPxxAdmn \DPUPROG \Conplan\SECTION INC LIMITS '04.doc hennepin county housing, community works and transit 417 north fifth street, suite 320, Minneapolis, mn 55401 mail code: 608 Phone: (612) 348 -9260 Fax (612) 348 -2920 TDDffTY: (612) 596.6985 i City Council Agenda Item No. 9a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren Planning and Zonin g P S e alist Subject: City Council Consideration Item Planning Commission Application No. 2005 -002 Date: February 22, 2005 On the February 28, 2005 City Council Agenda is Planning Commission Application No. 2005 -002 submitted by Mr. William J. Tippmann on behalf of Bear Creek Capital, LLC requesting Preliminary Plat Approval to combine eight existing lots located at the northwest corner of County Road 10 (58th Avenue North) and Brooklyn Boulevard into two lots. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2005 -002 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered b the Planning Commission at their February 17 2005 et' Y 8 y me eti ng and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 1 -20 -05 City Council Action Should Be Taken By 3 -21 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -002 Applicant: Bear Creek Capital, LLC Location: Northwest Quadrant of County Road 10 and Brooklyn Boulevard Request: Preliminary Plat The applicant, Bear Creek Capital, LLC, is seeking preliminary plat approval to combine eight existing lots located at the northwest corner of County Road 10 and Brooklyn Boulevard into two lots. The northerly lot would be the site for an existing dental clinic while the southerly lot would be for a proposed 13,000 sq. ft. CVS Pharmacy (see Planning Commission Application No. 2005 -003 for a proposed PUD rezoning and development plan approval). The properties under consideration are currently zoned R -1 (One Family Residence) and C -1 (Service /Office). They are bounded on the east by Brooklyn Boulevard; on the south by County Road 10; on the west by R -1 zoned property containing single family homes abutting Drew Avenue North; and on the north by C -1 zoned property containing an office building and parking lot. The two R -1 lots currently facing County Road 10 (58` Avenue North), are addressed as 3606 and 3612 58` Avenue North and are legally described as Lots 6 7, Block 1, Grimme's Addition. Three lots facing Brooklyn Boulevard are zoned C -1, are addressed 5801, 5809 and 5817 Brooklyn Boulevard and are legally described as Lots 3, 4 5, Block 1, Grimme's Addition. These are the five lots Bear Creek proposes to consolidate into a single lot proposed to be rezoned to PUD /C -2 (Planned Unit Development /Commerce) and developed with a CVS Pharmacy. This new lot is proposed to be described as Lot 1, Block 1, CVS Brooklyn Boulevard Addition and currently has five single family homes which would be removed. The three other lots, the northerly of which is vacant, would be combined into the proposed Lot 2, Block 1, CVS Brooklyn Boulevard Addition and would be a single unified site for the existing dental clinic. These three lots are currently zoned C -1 (Service /Office) and are owned by Dr. Bill Katonias who operates the existing dental clinic at 5831 Brooklyn Boulevard. These properties would continue to be zoned C -1 and continue to be used as a dental clinic. The proposed Lot 1 (proposed CVS site) would be 66,517 sq. ft. or 1.53 acres in acre. The proposed Lot 2 (dental clinic) would be 44,988 sq. ft. or 1.03 acres in area. The lots exceed the minimum requirements for C -1 or C -2 land uses. Access to the proposed lots must be approved by Hennepin County as both Brooklyn Boulevard and County Road 10 are county roads. The applicant has reviewed access with Hennepin County and a proposed access plan has been agreed to. All seven existing accesses would be closed with full accesses to be provided at the southwest corner of the proposed Lot 1 (CVS site) and at the northeast corner of Lot 2 (dental clinic site). A cross access agreement providing access between the two lots is proposed. A right 2 -17 -05 Page 1 I in only access off Brooklyn Boulevard would be provided for the pharmacy site. The median on Brooklyn Boulevard would be shortened while the median and the left turn lane on County Road 10 would be extended to the new access location authorized. Responsibility for implementing the plan would be borne primarily by the applicant. The Public Works Director /City Engineer has reviewed the preliminary plat along with the proposed development plan for this area and has offered his comments in a memo dated February 2, 2005 which is attached for the Commission's review. He notes that an existing sanitary sewer line runs east and west through the proposed Lot 2 (dental clinic) just north of the dental clinic building. He indicates that a 20 ft. wide easement for this utility should be provided with the final plat and the applicant is to provide certification from a registered land surveyor that the easement is centered along the alignment of the existing sanitary sewer. A dedicated sidewalk easement along the northeast corner of Lot 2 to extend a minimum of one foot beyond the outside edge of the sidewalk is also to be provided prior to final plat approval. He also notes in his comments regarding water and sanitary sewer service, that the five existing homes should have water and sanitary sewer services disconnected at the mains prior to building demolition. The homes and accessory buildings should be demolished and /or removed from the property prior to final plat approval and filing. All necessary easements to provide utility service to the proposed site development are to be dedicated to the public for public use with the final plat. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION This preliminary plat is dependent upon the approval of the Planned Unit Development comprehended under Planning Commission Application No. 2005 -003. If that application is not approved, this preliminary plat should also not be approved. The following conditions would be recommended if the Planning Commission wishes to move this application along favorably: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this Preliminary Plat is contingent upon approval of Planning Commission Application No. 2005 -003. 4. Appropriate cross access and possibly cross parking agreements between the proposed Lots 1 and 2, as approved by the City Attorney, shall be developed and filed with the final plat. 2 -17 -05 Page 2 5. The applicant shall dedicate a sidewalk easement along the northeast corner of Lot 2, Block 1, prior to release of the final plat. This sidewalk easement shall extend a minimum of one foot beyond the outside edge of the existing sidewalk. 6. The final plat shall include a 20 ft. wide drainage and utility easement along the alignment of the existing sanitary sewer transecting Lot 2, Block 1. The applicant shall provide written certification from a licensed land surveyor or engineer that the easement shown on the plat is centered along the alignment of the existing sanitary sewer. 7. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 8. Water and sanitary services to the existing five homes within the preliminary plat boundary must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering Division office. 9. The homes and accessory buildings within the boundaries of the preliminary plat shall be demolished and/or removed from the property prior to final plat approval and filing. 10. 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In,w vmpe Mx5996�, en Z g NP.vno C. mo tw O lnw ca 19, 20OA. 1 -20 -05 PREUMINARY PLANS LEGEND TREE LEGEND p� ii o i :n•r N ii I 5 8 g l IN CONdn-ER —v—GAS MAIN 1AYM OOq@ RAT 3 9 6 11 I gi .w°"'° c 0 1 CATCH BASIN SANITARY SExEa MY APPLE PAN” RAr ELEC,NIC BOX -STOPU SEWEN e' 0my" [15 RAT GATE vALw N a ^�J a U DE GRgINO FLECTa,C ASH q m a HTDRANT UNDEaGRW ELEPH NO TONE aM e BOX ELDER DAIS: JANUARY, 2005 c _0 j�1� I c DRAINAGE AND U-TV EASEMENTS ARE SHOVM TNUS: I 1 y 1 yI LI— POLE -TER SERNCE TRRH1k 11029 .m.n i I s e q. e..n I 5 .l L.5 o MANNIX.E O, C... I tl POWER VOLE V nM (COUNTY R0. D N0. 10) u 1 SEMAPHORE [ate 6 �Ws PRELIMINARY PLAT J 5�] O vNBASS S. pqq--- 14 ELM L�4KE ROAD F OUR ONE BOX s¢r N R ®e NO SCALE STOP BOX 12 PINE C -3 x 1 BEING 5 FEET Iry AD X LOT v NI T AND 10 FEET ET I N, N T NLESS ADJOININI NG ..I RIGHT OF "y LINES, UNLESS ORrERVn SE i 12' MAPLE 91DICATED. OOmiN@ NOT Ran= FOR RECEIVED JAN 2 0 -2005 CITY OF BROOKLYN CENTER X B MEMORANDUM TER DATE: February 2, 2005 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works ?f� SUBJECT: CVS Pharmacy Preliminary Plat and Site Plan Review Planning Commission Applications 2005 -02 and 2005 -03 The Public Works Department reviewed the following preliminary documents submitted for review under Planning Commission Applications 2005 -02 and 03 for property located north of 58 Avenue (County Road 10) and west of Brooklyn Boulevard (CSAH 152). Preliminary Plat, dated January 20, 2005 Preliminary Site Plan, dated January 20, 2005 Preliminary Grading and Drainage Plan, dated January 20, 2005 Preliminary Utility Plan, dated January 20, 2005 Preliminary Landscape Plan, dated January 20, 2005 The following comments and recommendations regarding the proposed preliminary plat and site plans are provided for your consideration. Preliminary Plat The applicant is proposing to replat Lots 1 through 7 of Grimes Addition (currently residential homes and dental office) and part of Lot 13 of Auditors Subdivision No. 216. The plat would result in one lot for the existing dental office and one lot for a proposed commercial building. 1. The proposed development site is adjacent to County Road 10 and CSAH 152. A copy of the preliminary plat was submitted to Hennepin County Transportation Planning Division for review on January 21, 2005. The final plat must conform to requirements as set forth by Hennepin County. 2. The applicant shall provide the City with an executed copy of a shared access easement for the proposed shared driveway access onto CSAH 152 prior to release of the final plat. 3. The final plat shall include a 20 -foot wide drainage and utility easement along the alignment of the existing sanitary sewer transecting Lot 2, Block 1. The applicant shall provide written certification from a licensed land surveyor or engineer that the easement shown on the final plat is centered along the alignment of the existing sanitary sewer. GAEngineering\Development Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc 4. Ties to an adjacent section corner, includin g bearings and distances, shall be provided with the final plat. 5. The applicant shall dedicate a sidewalk easement along the northeast corner of Lot 2, Block 1 prior to release of the final plat. This sidewalk easement shall extend a minimum of 1 -foot beyond the outside edge of the existing sidewalk. 6. The applicant shall coordinate site development plans with Xcel Energy, Centerpoint Energy, Quest Communications and other private utility companies. 7. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. Water Supply and Sanitary Sewer Service The existing homes and office building within the plat boundary are currently served by a 12- inch diameter water main and 8 -inch diameter sanitary sewer located within the western portion of right -of- -way for Brooklyn Boulevard. This infrastructure is adequately sized to provide sanitary sewer and water service to the proposed site development. The following modifications to the site plans are recommended. 1. The water service to the proposed building on Lot 1 shall include the installation of a gate valve at the east property line. Fire and domestic water services shall be separated prior to entering the building. Domestic and fire services shall have exterior curb stops /gate valves. 2. The utility plan shall be revised to include a note indicating that water and sewer services for the existing homes within the plat boundary must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the city engineering division office. 3. The utility plan shall be revised to show one exterior sanitary service connection between the proposed building and the public sanitary sewer main. 4. Utility ervice extensions must meet City of Brooklyn Center design standards. The Y Y Yn lm location and method of connection to the existing water and sanitary sewer mains shall be subject to approval by the Supervisor of Public Utilities. 5. The proposed site plan shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. GAEngineering0evelopment Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc Street Access The applicant is proposing to remove seven existing driveway access points along Brooklyn Boulevard and County Road 10. The preliminary site plan identifies one full driveway access and one right -in only access to Brooklyn Boulevard and one full driveway access to County Road 10. The applicant has indicated that a shared access agreement will be executed between the two property owners to allow the proposed northerly driveway access to Brooklyn Boulevard to serve both Lot 1 and Lot 2. 1. Hennepin County has provided preliminary review comments regarding necessary changes to the site access points as indicated below. Hennepin County has indicated that these modifications would be the financial responsibility of the developer. The design of the right -in only access to Lot 1 should come directly off an extension of the existing southbound right turn lane for CSAH -10 rather than creating another right turn lane off of the existing right turn lane. The existing southbound right turn lane should be extended north approximately 100 feet. A 7 or 8:1 taper starting near the existing access to the Dental office would be sufficient to provide a transition to the right turn lane. See attached figure from Hennepin County for further details. The nose of the median on CSAH -152 should be shifted south approximately 100 feet to provide for a left turn lane to the new access north of the Dental office. See attached figure from Hennepin County for further details. 2. The existing sidewalk along the full length of the east property line of Lots 1 and 2 shall be reconstructed as part of the site development of Lot 1. Pedestrian curb ramps shall be provided at driveway entrances. Curb ramps shall include the installation of truncated dome systems (detectable warning surfaces) in compliance with the Ameri cans with Disabilities Act Accessibility Guidelines and City Standards. 3. The north entrance monument sign on Lot 2 shall indicate that the access is available for the tenant of Lot 1. Storm Drainage The proposed site improvement would convert a substantial portion of the site to impervious surface. NPDES regulations require that land development projects incorporate construction and post- construction storm water best management practices to control the rate and quality of storm water discharges. The applicant has indicated that they wish to construct rain gardens within the site to address storm water management requirements. 1. The preliminary site plan documents did not include storm water design calculations or other supporting drainage information. The applicant shall provide a site storm water management plan, including drainage calculations and detailed design drawings for proposed storm water management facilities, to the Engineering Division for review prior to submitting the final plat to the City. GAEngineering\Development Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc 2. Post construction storm water best management practices shall be incorporated into the site plan to adequately address all storm water management requirements as established by the Shingle Creek Watershed Management Commission. These standards can be found at: httD:// www .shinalecreek.ora/aDDendixb.Ddf 3. Storm water management facilities shall be incorporated into the site development plans to sufficiently control the total discharge rate from the site to avoid overloading the existing storm sewer system within Brooklyn Boulevard (CSAH 152). Connection to the storm sewer system within CSAH 152 is subject to approval by Hennepin County. 4. The site utility plan shall be revised to include on -site storm sewer piping to convey excess runoff from the proposed rain gardens to the public storm sewer system. 5. Property owners of Lots 1 and 2 shall enter into a utility maintenance agreement with the City to provide for the long term maintenance of storm water facilities within the development site. 6. Erosion control measures shall be installed prior to starting site grading operations. The owner will be responsible for the prompt removal of all dirt and mud tracked onto public streets from the site during construction. 7. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. The above comments are provided based on the information provided by the applicant at the time of this review. Subsequent approval of the final plat may require additional modifications or dedications based on engineering requirements associated with final design of water supply, storm drainage, sanitary sewer, gas and electric service, final grading, and geometric design of streets as established by the city engineer and other public officials having jurisdiction over approval and recording of the final plat. GAEngineering\Development Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc i��i� ►nGi C OMA MG/1'�S Troll f�tn�tpja. �,,p Y ARCADIS w xl YAIawG Yi9Ap, LAe91f1t QIgB 3 L:/ 40M w Y,e.« f c,m a,n on !�6 -�q9i i�t FIX, Accra t NORTH ae %�At� Q a ll 1 ro (.,'mn �H L d=^.,, �JCNL nM R'ET CURIO a tnT /wan L w I ccntA CONSULTAUr LM, cum L py Anderson Enginaering of ''•J m' VA66XW sLTaApI U LnsT _G Nu l§pYt M6ATN. •Ulft 4 Q y NEW x611, F¢ heal aY.nn1 I�t p!*7 an -gas p f CatlFAC101 CLSf QM1a wove ass, 5 NEAR d sc ff tiDt_W SfFSt[L I y g j 1 j r g q 9 CV 86D.0 6. rA sm f egg w8'2t'E a A sa, a �t 56tH lkw t aHflEKLYN BLW 9+OQ vm CENTER WN L? f f LnrtAra 4 W DEVELOPER: .,..Ii._... setic b YG, d t+lrar Q aru wt�AMew b k. r j (Thy Vj a`.wnt. 1 z. a" C1 A Mc p Ia. D t WIR rFky K rAPITAt. 1 1 I I I i nms saarnan aw u� REYtS1ONS; t 1 -20-05 PRELNAiNARY PLANS r ?2� sbe lAILOT COdO6 RAF 1_ Q u 1LNNlAD Wk RAF I Q t ,s rw. >•rc sLrs.r. I !}3 RAF peen rrrt x'. Ol'7E JANUARY. IQpg utbaft umur QJAB CUT/A" OM! tUT /y.q F 4p*rT_ A1.:'JI Ati 841A, 11029 TURN LAK!' UNDER A ?¢FA or: ?:xACt. PRELIMINARY SITE PLAN' �TH AVENUE NORTH t C -4 s aa.eme Nor NuAm to =ft"U nm 4 Hennepin County Transportation Department 1600 Prairie Drive 763- 745 -7500, Phone Medina, MN 55340 -5421 763 -478 -4000, Fax 763- 478- 4030,TDD www.co.hennepin.mmus February 10, 2005 Mr. Todd Blomstrom, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Preliminary Plat CVS Pharmacy CSAH 10/152, Northwest Quadrant Section 3, Township 118, Range 21 Hennepin County Plat No. 2871 Review and Recommendations Dear Mr. Blomstrom: Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. The Plat Review Committee reviewed the above plat at its regular meeting on February 1, 2005. The following comments are provided for your consideration. The existing right -of -way is adequate. The proposed access revisions are substantially acceptable. Closing all the residential driveways while adding full movement entrances at the northeast and southwest corners of the plat, plus a right -in only on CSAH 152 should serve the site well while minimizing turning vehicle conflicts on both County Arterials. However, two details on the CSAH 152 driveways need refinement and we understand the developer's engineer is making these changes subsequent to communications we have had. The two issues are shortening the north end of the CSAH 152 median island to provide northbound left -turn storage and extending the existing southbound CSAH 152 right -turn lane to accommodate the ingress driveway. Hennepin County will facilitate the median closure and revisions on CSAH 10. Please inform the developer that all proposed construction within county right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to, driveway and street access, drainage and utility construction, trail development, and landscaping. Appropriate forms can be obtained by contacting our Permits Section at 763 745 -7600. Please direct any response to Dave Zetterstrom at 763 745 -7643. Sincerely, JLes N. Grube, Director Transportation Department and County Engineer JNG:DKZ:dw cc: Plat Review Committee Abene Byers Holtz Johnson Lindgren Smrcka Wiebe Zetterstrom Rob Wied, Hennepin County Surveyor's Office Brad Hoffman Brooklyn Center Community Development Bill Tippman Bear Creek Capital Mark Jaster Anderson Engineering An Equal Opportunity Employer Recycled Paper City Council Agenda Item No. 9b MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spe 'alist f Subject: City Council Consideration Item Planning Commission Application No. 2005 -003 Date: February 22, 2005 On the February 28, 2005 City Council Agenda is Planning Commission Application No. 2005 -003 submitted by Mr. William J. Tippmann on behalf of Bear Creek Capital, LLC requesting Rezoning from R -1 and C -1 to PUD /C -2 and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy on a proposed 1.53 acre site located at the northwest corner of County Road 10 and Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2005 -003 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their February 17, 2005 meeting and was recommended for approval through Planning Commission Resolution No. 2005 -01 (attached) It is.recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. A resolution outlining the history of the application along with findings and conditions of approval is offered for the City Council's consideration. Also, an ordinance amendment redescribing the property to be rezoned within this Planned Unit Development is offered for first reading by the City Council. The new description contained in the plat will be used for the ordinance amendment. The final plat will have to be approved and filed before the description can be utilized. It is recommended that the City Council adopt the draft resolution and, by motion, approve the first reading of the ordinance amendment describing the property to be rezoned. Application Filed on 1 -20 -05 City Council Action Should Be Taken By 3 -21 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -003 Applicant: Bear Creek Capital, LLC Location: Northwest Quadrant of County Road 10 and Brooklyn Boulevard Request: Rezoning/Development Approval- PUD /C -2 The applicant, Bear Creek Capital, LLC on behalf of CVS Pharmacy, is seeking rezoning from R -1 (One Family Residence) and C -1 (Service /Office) to PUD /C -2 (Planned Unit Development/Commerce) of five contiguous lots located at the northwest corner of County Road 10 and Brooklyn Boulevard and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy. Beat Creek Capital, LLC has a purchase agreement to acquire the five lots in question. Two of the lots face County Road 10 (58` Avenue North) and are currently zoned R -1, while the other three lots are zoned C -1 and face Brooklyn Boulevard. Once combined (See Planning Commission Application No. 2005 -002) the five lots will create a single parcel of land that is 66,517 sq. ft. or 1.53 acres in area. The property in question is bounded on the east by Brooklyn Boulevard; on the south by County Road 10; on the west by R -1 zoned property abutting on Drew Avenue North; and on the north by C -1 zoned property containing a dental center and parking lot. The applicant's plan is to demolish and/or otherwise remove the five existing single family homes and other accessory buildings to build a 13,000 sq. ft. CVS Pharmacy, which would have cross driving, parking and access rights with the neighboring dental center site to the north. The applicant is seeking the PUD /C -2 rezoning to accommodate the above mentioned commercial retail development. The C -2 (Commerce) underlying zoning designation is being sought because it acknowledges the proposed use as a permitted use in the zoning district. The applicant is seeking modifications to the C -2 requirements to allow an encroachment into the 35 ft. buffer area required where a C -2 use abuts an R -1 use (along the west property line). This modification is proposed to make a more efficiently utilized site and to accommodate Hennepin County concerns to have the access to the site as far removed from the corner of County Road 10 and Brooklyn Boulevard as possible to accommodate traffic movements and left turn lane stacking space. The applicant believes this modification will be offset by various plan considerations and aspects of their development proposal which will mitigate it. The land in question is acknowledged in the City's Comprehensive Plan as being appropriate for neighborhood service and retail business functions and such an expansion and rezoning could be considered consistent with the Comprehensive Plan. 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 (in this 2 -17 -05 Page 1 case 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. Regulations 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 encroachment into the 35 ft. buffer area between C -2 and R -1 land uses. Their plan for offsetting this encroachment is to provide an 8 ft. high maintenance free screen fence with additional landscaping including a heavy concentration of balsam fur that will grow above the 8 ft. screening device. This is similar to what was done where the retail development proposal along 69 Avenue North, east of Brooklyn Boulevard was undertaken. In that case, a maintenance fee fence and beefed up landscape were provided to offset or mitigate the closer proximity of a driving and parking lane to the residential property backing up to this development. 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 outlined 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 along with written comments relating to the Rezoning Evaluation Policy and Review Guidelines (attached). 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 zoning 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. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and their proposal. a. Is there a clear public need or benefit? The applicant comments that this site lies in proximity to high level commercial land uses. A Planned Unit Development provides flexibility of development while providing the public with control over land use applications. It is the staff's opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the City and also is consistent with the City's Comprehensive Plan. It should balance the 2 -17 -05 Page 2 business needs of the community and the residential needs of adjoining properties. It is not anticipated that this proposal will be a detriment, but on the other hand, it should be a positive factor in providing benefits that positively affect the community as well as the applicant. The City's Comprehensive Plan relating to Brooklyn Boulevard broadly recommends gradually eliminating the remaining inappropriate single family homes on Brooklyn Boulevard and replacing them with either commercial and service /office uses or high and medium density residential uses. Specifically with respect to Brooklyn Boulevard and 58 Avenue North, the Comprehensive Plan recommends neighborhood oriented commercial uses and retail functions. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant comments that adjacent and to the east a PUD with commercial land use application has been approved and enacted. 1 am not certain to what PUD the applicant is referring. A Planned Unit Development was adopted for the redevelopment of the Brookdale Mall a number of years ago and commercial development of a relatively intense nature is located east of Brooklyn Boulevard and to the south of County Road 10 as well. Certainly the proposed land use classification could be considered consistent with and compatible with the land uses to the east and southeast of this site as well as the dental office immediately to the north. The significant question is how compatible this proposal can be with the single family residential located immediately to the west. The City Council recently established a Central Commerce Overlay District (CC) which begins on the east side of Brooklyn Boulevard and encompasses all of the Central Commercial area including Brookdale and perimeter businesses and the commercial and even multi residential land uses along Shingle Creek to Interstate 94 then east to Highway 100. This Central Commerce Overlay District was established to indicate all of the potential commercial uses which were considered to be appropriate for development in this area and also to outline specific uses which would otherwise be allowed in a general commerce area to be excluded or considered inappropriate for this area. It would seem in conflict to extend a C -2 zoning district for this particular area without also excluding uses for that site that would be considered inappropriate. Uses such as sauna establishments, massage establishments, currency exchanges, pawn shops and secondhand good dealers are uses that are not permitted in the Central Commerce Overlay District and should not be allowed if this PUD /C -2 zoning designation is acceptable. It should also be pointed out that this Central Commerce Overlay District is not intended for use as chapels, churches, temples, mosques, and synagogues as well as public and private elementary and secondary schools (K -12). c. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant notes that the current zoning of affected parcels does not allow for the proposed use. 2 -17 -05 Page 3 The applicant is correct. The current zoning of the majority of the property, which is C -1 (Service /Office) does not allow a retail use such as a pharmacy. Another reason for seeking the Planned Unit Development is to limit some of the uses that are otherwise considered inappropriate in the C -2 underlying zone as was outlined in the previous comments. Otherwise, we believe it is possible for all of the other permitted uses in the C -2 underlying zone to be contemplated for development. However, with a PUD only the proposal approved with the Planned Unit Development is what is to be developed. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The applicant comments that to the east, commercial zoning has been increased. This is not necessarily the case. The CC Central Commerce Overlay District was established, however, there has been no recent increase in commercial zoning in this immediate area. The existing C -1 zoning classification has been in place since at least 1968 when many of the single family residential homes in this area became non conforming uses. It has been the City's longstanding policy that these single family homes eventually be converted or redeveloped into commercial uses. As was mentioned previously, the City's Comprehensive Plan does recommend an expansion of the general commerce zoning district in this particular area and we believe it can be construed to include expanding it as being proposed by the applicant in this situation. e. In the case of city initiated zoning proposals, is there a broad blic purpose evident? P P P This evaluation criteria is not applicable in this case because this is not a city initiated rezoning proposal, but rather a developer initiated proposal. L Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The applicant indicates that they have taken measures to minimize impact of the zoning classification on adjacent uses as it relates to screening. They note that there requested zoning will require a more comprehensive screening application. The staff believes that the subject property will, for the most part, bear fully the development restrictions for this Planned Unit Development even with some deviations from the standard ordinance requirements. We believe it is important to establish an appropriate buffer between the single family residential to the west. The proposed commercial use also seems to provide a good transitional use from Brooklyn Boulevard to the residential neighborhood to the west. Good screening and buffering should provide an acceptable relationship between these two areas. 2 -17 -05 Page 4 g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicant notes that the proposed pharmacy use of the property will combine five single family lots for commercial development with driveway access to 58 and Brooklyn Boulevard. They note that they believe their proposal in coordination with adjacent property owners will insure safer circulation on the site and in the general area. Generally it is the City's position that inappropriate single family residential homes in the Brooklyn Boulevard corridor should be replaced with other uses. Numerous access points for single family residential homes on Brooklyn Boulevard cause potential traffic problems. Consolidating, eliminating and reducing access points on Brooklyn Boulevard is considered a benefit. It can be said that the properties under consideration in this PUD are unsuited for their current use. Three of the five parcels are already zoned commercial although service /office commercial rather than general commerce. To continue with the residential use would be inappropriate. Consolidation is necessary for commercial redevelopment. h. Will the rezoning result in an expansion of a zoning district warranted by 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? The applicant indicates that combing of parcels along Brooklyn Boulevard works best to effectively control development and traffic in this busy corridor. Through the Planned Unit Development Process, they note that the City an negotiate controls of land use as promotion Y g P to the community's best interests. They note that a retail land use falls reasonably with adjacent uses within this sector of the city. In general we would concur with the comments made by the applicant and note that the proposal does appear to have merit beyond just the particular interests of the developer and should lead to redevelopment that can be considered consistent and compatible with surrounding land uses. The proposal is consistent with the City's Comprehensive Plan for this area and can be considered in the best interests of the community. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant does not make comment with respect to this particular guideline. We do believe that the proposal appears to have merit beyond just the particular interests of the developer. It will lead to a development that, we believe, can be consistent and compatible with surrounding land uses. The proposal, possibly with some modifications, could provide a quality development that is consistent with the City's Comprehensive Plan and be in the general interests of the community. 2 -17 -05 Page 5 SITE AND BUILDING PLAN PROPOSAL As mentioned previously, this proposal is for a 13,000 sq. ft. CVS Pharmacy to be located to the north side of a 1.53 acre site created by the combination of five existing lots (two currently R -1 and three currently C -1) proposed under this application to be rezoned to PUD /C -2. The plan calls for a shared parking, driving and access area with the property to the north, which is zoned C -1 and contains a dental clinic and parking lot. The C -1 zoned property is technically not part of the PUD, however, its use with the subject site is essential. Certain improvements or changes will have to be made to the dental clinic site and are proposed in order for the applicant's plan to be accomplished. It is not clear who will be making these improvements, but they should be tied to the PUD approval and any performance agreement and financial guarantee must assure their completion. ACCESS /PARKING Access to the site was previously reviewed with the preliminary plat. Brooklyn Boulevard and County Road 10 are .under the jurisdiction of Hennepin County. The applicant and the County have tentatively agreed to a proposal that will allow joint use of accesses to the CVS site and the dental clinic site. All seven existing accesses to the two county roads will be closed with two new full access points being established, one at the very northeast corner of the dental clinic site and the other at the very southwest corner of the CVS site. A "right in only" access will be established off Brooklyn Boulevard to the CVS drive lane and parking lot. That access will be approximately 140 ft. north of County Road 10. The median on Brooklyn Boulevard will be shortened at the north end and the median break on County Road 10 currently serving 3606 58 Avenue North will be closed and the left turn lane from County Road 10 to northbound Brooklyn Boulevard will be extended to just east of the proposed new access to the CVS site. This access point is about 8 ft. from the west property line and is as far back from the Brooklyn Boulevard/County Road 10 intersection as recommended by Hennepin County. Buffer and setback requirements where C -2 uses abut R -1 uses generally require a 35 ft. buffer not to be used for buildings, parking, loading or driving areas. This is a modification being sought by the applicant through the PUD process. Safety considerations are the primary justification. Other encroachments into the buffer area, although not as great, are being sought for a driving lane and are proposed to be offset by an 8 ft. high maintenance free opaque fence with a dense row of coniferous trees to offset the encroachment. The encroachment will vary from 5 ft. to 18 ft. A similar buffer /screening proposal for the retail redevelopment PUD at the northeast corner of Brooklyn Boulevard and 69 Avenue North was approved a couple years ago. Encroachments were allowed in that case where the backs of R -1 properties abutted with the development. The 8 ft. high screen fence should not be carried too close to the County Road 10 right of way line so as to cause sight obstructions on County Road 10 or for the neighboring property to the west. Parking for the CVS facility will be to the south of the building where 64 parking spaces are to be provided. The applicant has proposed an accessory parking arrangement with the dental clinic to the north to provide exclusive rights to ten more parking spaces on the dental site. 2 -17 -05 Page 6 The parking requirement for a 13,000 sq. ft. retail building is 72 parking spaces based on a parking formula of 5.5 parking spaces per 1 00 s ft. of gross building p g p g p P O q g floor area. The 74 parking spaces to be provided will exceed the minimum requirement provided the proper deed restriction is executed and filed with the titles to the respective properties encumbering the ten spaces for the sole use of the CVS Pharmacy. The location of the building is close to the north property line although meeting minimum setback requirements of 10 ft. The drive lane that circles the building will be on a portion of the dental clinic property as it approaches the pharmacy pick up location. Stacking for this pick up point should be sufficient and should not interfere with the traffic flow on site. The drive lane to the west of the building will be one way (south) and it is at this location that the 35 ft. buffer is encroached upon by 5 ft. The building could be shifted 5 ft. to the east and not encroach on the 35 ft. setback off Brooklyn Boulevard but it would mean a one way (north) drive lane around the east side of the building. Perhaps the applicant could look at such a modification. Then the only buffer encroachment would be at the southwest corner of the site. GRADING /DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage, utility and erosion control plans which have been reviewed by the Director of Public Works /City Engineer. Attached for the Commission's review is his February 2, 2005 memorandum reviewing the proposed project. The Public Works Director has indicated that all water and sanitary sewer services for the houses that will be removed from the site must be done at the mains and in accordance with specifications available at the City Engineering Department. He also notes that the sanitary sewer and water mains located in the western portion of the Brooklyn Boulevard right of way are adequately sized to provide these services to the site. B -612 curb and gutter is required around all driving and parking areas. A parking lot expansion on the north side of the dental clinic site is proposed which will add parking 22 parking spaces for the clinic's use. A drive lane connecting to the access to Brooklyn Boulevard at the northwest corner of the site is also provided. This parking and driving area is to be bound by B- 612 curb and gutter. Among other things, the Director of Public works has indicated that the applicant needs to provide a storm water management plan including drainage calculations and detailed design drawings for proposed water management facilities. The proposal shows rain gardens to control the rate and quality of storm water discharges. These are located at the north end of the dental clinic site, to the west of the CVS Phanmacy building, to the east of the pharmacy building in the 15 ft. green strip area and at the southeast corner of the CVS site. Storm water management facilities have to be incorporated into the site development plans to control the total discharge rate from the site to avoid over loading the existing storm sewer system within Brooklyn Boulevard. Connection to the storm sewer system within Brooklyn Boulevard is subject to approval by Hennepin County. The utility plan needs to be revised to include on site storm sewer to convey excess run off from the proposed rain gardens. A utility maintenance agreement will be required with the owners of the two lots to provide for the long term maintenance of storm water facilities within the development sites. He notes that erosion control measures are to be installed prior to starting grading operations and prompt removal of all 2 -17 -05 Page 7 dirt and mud tracked on to public streets during the construction process is required. In addition, an NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency before any work on the site. LANDSCAPING/SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. As indicated previously, the CVS site is 1.53 acres and the dental clinic site is 1.03 acres. One hundred twenty two landscape points are required under the retail type of development comprehended by the CVS proposal and 103 landscape points are required for the dental clinic site under an office type development. This amounts to 225 total points for the two sites. The applicant proposes to meet the requirement by providing a variety of plantings totaling 359 landscape points. Four mature shade trees are planned to be saved on the site and are all located along the Brooklyn Boulevard green strip, one by the CVS Pharmacy and the others in front of the dental clinic. Eleven new shade trees including Red Maple and Honey Locust are proposed along the County Road 10 green strip, the Brooklyn Boulevard green strip and at the north side of the dental clinic site. Five Spring Snow Crab Apple, decorative trees, are also planned for the north side of the dental clinic site. Twenty one coniferous trees are planned along the west property lines of the pharmacy and dental clinic sites. Seven Balsam Fur are to be planted next to an 8 ft. high maintenance free fence west of the pharmacy parking lot to offset buffering requirements in this area and 14 Black Hills Spruce are provided along the west property line of the dental clinic, apparently for screening of this commercial facility from the abutting residential. One hundred thirty one shrubs such as Alpine Currant, Arcadia Juniper, Wilton Carpet Juniper and Service Berry are provided in planting areas along the County Road 10 green strip in parking island areas of the pharmacy as well as around the perimeter area of the pharmacy. A shrub bed is also provided in the southwest region of the dental clinic site. With respect to buffering and screening, it is required along the western side of the two lots. The underlying C -2 zone requires a 35 ft. buffer and an 8 ft. high opaque screening device where it abuts R -1 zoned property. Where C -1 property abuts R -1, a 15 ft. buffer is required. A minimum of a 6 ft. high opaque fence or City Council approved substitute is required when a parking lot of more than six vehicles abuts R -1 zoned property. The applicant, as part of the PUD, is seeking modification to these requirements to allow a less than 35 ft. buffer. A 30 ft. buffer would be provided for west of the driving lane adjacent to the CVS Pharmacy building and an approximately 17 ft. buffer tapering down to 8 ft. at the property line is proposed to the west of the parking lot. The applicant proposes to offset these encroachments by having an 8 ft. high opaque maintenance free compost fence, similar to that at the 69 and Brooklyn Boulevard retail redevelopment, along with seven Balsam Fur (7 ft. high at planting) and shrubs in the green area. In the area where the buffer is 30 ft., a Black Hills Spruce will be planted. In the C -1 15 ft. green strip, 14 Black Hills Spruce would be provided to meet the screening requirements. The applicant has been urged to meet independently with neighboring property owners particularly in this area to explain the proposal and to get reaction to the screening and buffering plans. I have not had any indication that such contact has been made. 2 -17 -05 Page 8 It would be the staff's opinion that this area be provided with more landscaping such as coniferous trees in the 30 ft. buffer area and possibly some screen fencing where the dental clinic parking lot abuts with the R -1 property. Pedestrian access breaks in the fencing might be warranted depending on individual preferences. Meetings were conducted and proved beneficial in the PUD proposals for the retail development at 69 and Brooklyn Boulevard as well as the SuperAmerica PUD at 57 Avenue and Logan. We do not require the Neighborhood Advisory Group meetings as we have in the past because the City is bound by State Legislative mandate to give an applicant an answer to a properly submitted zoning application within 60 days of its receipt. It should be noted that underground irrigation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. BUILDING The applicant has submitted building elevations for their proposed building. The building exterior is to be primarily a medium yellow EMS with a red brick accent around the lower level and on columns. A decorative EIFS cornice is proposed around the top of the structure. The Brooklyn Boulevard and County Road 10 elevations show display windows and a decorative entrance canopy is located at the southeast corner of the building. A canopy is provided over the drive up pick up location at the northwest corner of the building. Parapet walls should serve as a screen for roof top mechanical equipment. LIGHTING AND TRASH The applicant has submitted a lighting plan indicating the proposed foot candles for lighting on the site. Section 35 -712 of the City's Zoning Ordinance requires that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than three foot candles measured at property lines abutting residentially zoned property. A review of the foot candles proposed indicates that the three foot candle limitation is exceeded in a couple of spots along the west property line. Modification to the lighting plan should be made to meet these minimum standards. Freestanding light poles are proposed for the island areas south of the pharmacy building and canopy lights are proposed under the drive up. In addition, either wall mounted or lights to provide a building wash are provided around the perimeter of the pharmacy building. Our main concern, as always, 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 stated above. An 8 ft. high masonry trash enclosure with a face brick exterior to match the existing building is proposed to be located along the west side of the site just north of the CVS Pharmacy building. The gates are to have cedar slats attached to a galvanized frame to provide opaque screening. The enclosure will screen a dumpster and compactor to be located within it. 2 -17 -05 Page 9 PROCEDURE Rezoning applications in the past that have been considered by the Planning Commission were typically referred to the respective Neighborhood Advisory Group for review and comment. In this case, that would be the West Central Neighborhood Advisory Group. However, 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 January 20, 2005. 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. Therefore, the zoning decision must be made by the City Council no later than March 21, 2005. Almost 30 days of the required 60 day time frame will have expired before the Planning Commission can hold its public hearing. This requirement makes it difficult for the City to hold the Neighborhood Advisory Group meetings we normally have. The Planning Commission instituted a new procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the West Central Neighborhood Advisory Group members to the meeting and are encouraging their comments and participation at this evening's meeting. A staff report will be delivered to the Neighborhood Advisory Group members at the same time that it is delivered to the Planning Commission members. Hopefully they will have time to review the matter and make comment to the Commission at Thursday evening's meeting. It should be noted again that the applicant was encouraged to meet with neighboring property owners and was rovided a list of the notice being sent for public hearing. We particularly P g P g p Y encouraged the applicant to meet with neighbors abutting along the west side of the site because they would be particularly affected by their proposal. I am not aware if any contact was made. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and notices have been sent to neighboring property owners. The Planning Commission, following the public hearing may wish to consider a draft resolution, which has been prepared for consideration. The draft resolution outlines various possible findings with respect to the Planned Unit Development Rezoning and minimum conditions related to the development plan approval. The Planning Commission must decide and recommend as to whether or not it believes this application is sufficient. There are a number of points that we believe need to be addressed, such as screening along the west side, as well as other recommended changes. The draft resolution is presented for discussion purposes. The Commission should keep in mind that the applicant can insist on having an answer to their zoning request within the 60 day time limit established by the State Legislature. 2 -17 -05 Page 10 irr Iii ii1111 .r II ■rte r� w� OPT ;ter X111111 ii i r�ir ■rrr r�� m.: PON- Pea r ea5 rr a Est 4�� s �1 3 x s�t� k i„ x s as ,�j .,..a��" s r� e' fi i s4 ,e?' �a p h x x x• a t N OW Al a R Y,� 7 a a %d; 3 „p S° a� a i �x u r n �a yw "MC k a y a z g h l I �'e �a r l 9 Y Y 3 s� r. u �y mk w k �w x f 4 d, f oil d e r:- V O I C E i r CADIS t!-!IN Fa cvs/ W E LOCATION MAP s 58TH AVENUE HWY 94/694 SITE BROOKLYN BLVD g eGAnd:n 58th Ave N Anderson P Engineeting Minnesota, LLC O BROOKLYN CENTER, MN g w CVS/ 5TOFE 0 1883 58N AK k SwonYM BIYO WOGNLYN CENTER. W C DEVELOPER: DEVELOPER: J +1 1 BEAR CREEK CAPITAL a 9549 MONTGOMERY ROAD 3RD FLOOR �.L:. PLAN SHEET INDEX CINCINNATI, OHIO 45242 c BILL TIPPMANN (513) 793 1500 0-1 COVER SHEET RE Y 51ONS q W C-2 EXISTING CONDITIONS 1 -20 -05 PRELIMINARY PLANS f ENGINEER: C-3 PRELIM /NARY PLAT ANDERSON ENGINEERING OF MINNESOTA, LLC a 13400 15th AVE N. SUITE B C-4 PREUMINARY SITE PLAN PLYMOUTH, MN 55441 MARK JASTER C-B PRELIM /NARY GRAD /NO A DRAINAGE PLAN LAMM 0OOM RAF (763) 383 -1084 GB PRELIM /NARY UTILITY PLAN PLAIRI 0 M0. RAF q (CONCEPTUAL IMAGE ONLY, SEE SITE PLAN FOR SPECIFIC LAYOUT) C -7 PRELIM /NARY LANDSCAPE PLAN MAIM ft R A F C-8 SITE PHOTOMETRICS PLAN DATE` JANUARY. 2005 ARCHITECT: "Maenc 11029 ARCADIS A 1 EXTERIOR ELEVATIONS Ims m SW THPIELD H ROA5025. BOX 5025 A -2 FLOOR. PLAN COVER /LOCATION M ANTHONY RICCIUTI (248) 936 -8574 IINEET"Loom s C -1 CC M INm MOF 11I9AM FOR OORIRUCMI >E RECEIVE JAN 2 0 2005 CITY OF BROOKLYN CENTER CK NO LK CADIS ZONING: P.U S) ZOTRNG'. PU -1 WIOUNES) G Apt Fn9TKC LOT AREA: .53 A LOL AREA: AC II'e LOT/BUMING CDWRAGE: 19AR LOi /BNLONG COVERAGE: A!x 59933'2t'E 161.3! i t, +w FRONT BUILDING SETBACK: 35' FRONT BUILDING SETBACK: 35' (EXISITNG) L 4 w 'AEI 4m SIDE BUILDING 6 PARKING SETBACK: 35' SIDE BUILOING PARKING SETBACK: 15'N (LANDSCAPE BUFFER) REAR BUILDING SETBACK: 10' \[asW REAR BURMNG SETBACK: 10' FRONT PARKING SETBACK: IV FRONT PARKING SETBACK Q 15' PEAR PARKG SETBACK: 15' I caxc REAR PARKING M.— M.- 5' RK vumwa IIr6ACx IRp 1 PAI IN NO A LO1.995 I Q Aaax IS P RKINC: BUILOT C GROSS FOR AREA: SF BUILDING MM$ FLOOR AREA: t3.Ot3 Y PARKING REOURIED: 10 SPACES (5 PER NORTH RKING REWIRED: 21 SPACES (S.5 PER 1000 CFA) e.>' t000 DFA OVER 2000 SF (BASE 11 SPACES)) PARKI G SPACES PRO`AOEO: 36 SPACES 9 ©i (EKCLUDAI 10 SPACES RITIRN LEASED PARKING SPACES PRONOED: 21 SPACES EASEMENT AR(A) Q (..U.N. 10 SPACES LEASED I el OO —0 IRA gR[ w CASEM AREA) re gtt NDI< P SPACES —DED: 3 ru EEN SPACE 16.12! C.JI 21.2 GREEN SPACE 16216 0..3 GR !11 PERMOUS 32.379 D.66 56.2 1-CUS 24.211 0.56 53.9 Jl 4 ar /AFAax CONSVLTANB BUILDING) BUILDING) VVV Ctltl BUILDING t3.OtJ 0.30 19.6 IS 1995 a3o ar,a Anderson Engineering TOTAL 66,515 1.m too TOTAL !l,9e6 1.03 1ao '°6i e,re— 90. Minnesota, LLC AM I— Oi B612 CURB B CUTTER (—CAL). I'I I A Qi PAGE KMITE STRIPING FN PARKING STALLS F' mrAtla [M1 Mb .111!` NINCS LANE, AND NO PARKING AREAS. M1.TE PAINT C� FOR N.C. ACCESSIBLE STNSMS. TR FIC APROwS, AND IRARIC MESSAGE. O. (D CONCRETE PANINC RIM CNR D. JOINTS AT MIN. 6' O.C. AND EKPANSIN )DINTS AS NECESSARY. ONDE CURB aAMRS KNERE IME CARED PER DETAIL Q 2 TN BITUMINOUS PAMNG. (TTRICAL) ME DETAILS �C;;':� iiyi j Qy IV UNT POLE. L1NNG TO BE —PEO Q CONCRETE PAD. SEE SRECVICARNS. 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ALL PLANT MATERIAL SHALL COWLT MTH i I, 1 w I YONiAX I� I „AMERICAN STANDARD THE LATEST EdTdH O ME p�� FUR AMER NURSERY STOCKCAN ASSOCIATION 0P ,Y_ I Y+ -X 1 URSEBYLEN. NO SIBB —Y.. Ci SIZE OR CRADE SHALL BE PERMITTED I 131-M Fa —OUT PRIOR BRITTEN A111I2A"I [ROM THE LANDSCAPE ARCNItECT. UNLESS SPECRIEO ON PLAN. ALL PLANTS TO BE INSTALLED PER A nxc DETNL. "A' ARnRMP F.R L I uNA,xN foo 11 O mrno40 rxawaue IM[ A PER PUN, USE H 1/2" HASHED MTER ROCK MULCH IN Iy,AxnNG AREAS MULCH' (TIER OESGNATEO "ROC% MULCH' LANDSCAPE FABRIC BA ANNUAL/PERENx AL PUNTING AREAS PER C-ER. I I r SO �Mri TMO[T a E. COMPLETE LIAN ANO SHRUB HNSTATION SYSTEM r0 BE DESTGNEO AND 1�'Y' a L, L...AAA .6 1_ 1_ 1 -I I L� INSTALLED BY E CONTRACTOR. LLL..JII... MroD4v grAae NI.— MPa 7� AREAS DESIGNATED FOR •RAINGARDEN" TO REDEYE "BRSR M% AH• r 0 Soe Q T .TLAND [aHNCE AR%. •.rtn +R« wLartNxAn.r�RSC,M ..M.c s l 5 EN7NSl0.TArm I Anderson O ngineering Minnesota, LLC N. ",M" —AR I T I e 1 e rw e..s :.�[i[x.m ,R e.s ALS AR,n Rs I s u,� n o�w[[.NHC AR s R%Mw Nnw mraYO�` I I .c I wrw c.RPn MrMM, I Han axrus I I c So I s[A... I ...LMm, n 1 Cm, ArMM s.nN T 860.0 cvs/ phagm cy H1 i i Ht P [�i7 SfOiE /,1 5BM AtE A swonYm BLw I 1� BROORLnI CENTER, MN B} [gam.'- I I i b DEVELOPER: I'' p �I<nNHFFP -9 TREE PLANTING BEAR CREEK CAPITAL RENSIONS' P R s a I I 11 v 1 -20 -05 PRELIMINARY PLANS Z D[CIDUOyIC TRFF PIAN DETAIL 'Mrtrt 1, _d »7y' 1 LAlDY1000R RAF FIINMO YOL RAF w DRAWN; Dk RAF yJ 'N^• «m 7 '_c... I DAIS: 4AWARY. 2OD5 «..e,M r.. NORTH r r m ne1mp ,N., r. a r R I II D 1028 R D MI1Dl2! 1 PRELIMINARY LIMINARY LANDSCAPE PLAN •••w >«^••m• m r bEL AB NOlms W— E acwc: L GOPHER STATE ONE CALL 58TH AVENUE NORTH MMe[SOTA TOLL FREE eaD- -H166 I 1 S SHRUB PLAN TING nFT� C -7 V cammmm NOE AlLmm EUE RECEIVED JAN 2 0 2085 CITY OF BROOKLYN CENTER ARCADIS I m 6"m F. 1 la �_^``^1, }Y I. �--Tr-��--' cvs/ o mnnw~ pmoaoommuxy 1:.... 1, 13 PROTOTY mms^ sm M 'IEN DEVELOPER: R,°slo" 1-20'05 PREU==,,== ^21 -L J�� J °RAI=8% ma °"=�m� �l^^^^^`^`^^^t\ 029 "loo 7^� �m��m wvnm c-n c ��n+ ^vcwu w off "Imm RIN�=� RECEIVED /8N CITY OFBROOKLYN CENTEk S CADI S AAC001043 t 25200 TUGRAPN ROAD SOU'R11E1O, MOROAN mm fm N�1M „ueR �1 FRONT ELEVATION e�aB:wAr° CONSULTANT: Anderson Engineering me or Minnesota, LLC X22 RIGHT SIDE ELEVATION A-4 1 SC4E: pro' Y -0 fIBmRMI cvs/ MFE N1AEM 1683 h k CE BROO AA44 t FIER. eBLVD BROOltlnl NTER. YN DEVELOPER: tss a REAR ELEVATION.a A -d.1 SC/1F: pro' t_a swemr w Ta Yip m�iw� RENSIONS: 1 -20 -05 PREIIMNARY PLANS LAYOUT 000R0: RAF PL.-.a MGR. RAF R ORAxfNO ev RAF DATE' OCTOBER B. 2004 MB NUMBER: 11029 Y ti ELEVATIONS 9NEET MUMBEP: LEFT SIDE ELEVATION A -a.t sc.Tr �ro'_._o A -1 canAENTS NOT 1SXA= FOR OON9TRUO RECEIVED JAN 2 0 9005 CITY OF BROOKLYN CENTER i A CADIS AACOWO 1 252M TEEOiAr'11 ROAD SO WIELD, wO11GAN 16x86 Q o o (218) 916 -6198 P8. A n -1 ie -s I u -i C.9 w M-e' xe E. 3 E.] i Q -ir E.2 (218) 916 -8199 F°v w I nl f -r° xa u.WUAn I n y r y 'I +r AA,AV �Vj HtAQT I 1 C ONSULTANT Anderson Engineering W I Minnesota, PLC n nI b III 1 u III 2 XI 1 W II cvSl d aror� eune� row g .1 51- A E s BRONL. 8Et0 DEVELOPER: r C� REY1510N5: 1 -20 -05 PRELIMINARY PLANS �2� MEZZANINE FLOOR PLAN LA C. RAF A -1.1 —11: r /e'.r' -e' I I hAxMNG NGR. RAF iYd pRAwMG Bv: RAF DATE: OCTOBER 8. 2004 NU-ER: 11020 T� FLOOR PLAN O tEE: 6Bf CONT CA Lys $TO! LATL FLOOR PLAN RIf era I ➢L8L& A -1.I scAQ: /e -o• CO NTA C T NA ANTH 0 ON taRKi CON NNE, Ni1M1fY lecct9n TACT D s!, t0000i TOTAL $TON! AI RW W', f6i ,yty MS SVJME W9p,A¢ IS WOB M xG2 6HECi -1—: CN C 16 RIpE� 74lBisilA CONTACT DIAL, tOQOOt I I NxGY RwvoQi dli %O IS W 00M6 ro xA1L rI' LLFMWQ OaRK PW4e U. yl AA V. N. WEOJxEO FI 39 G cQ( Q OF�Q ww �w0 rF MZZA RETAk 1 $$NNO[ V I W r I 1EamExuwn crHMEN19: .1 RELEA6r0 FOR 1CN9TNUCTCN DECEIVED J AN 2 0 2005 CITY OF BROOKLYN CENTER ANDERSON ENGINEERING of Minnesota, LLC CIVIL ENGINEERING LAND SURVEYING •13400 15th Avenue North, Suite B Plymouth, Minnesota 55441 Tel: 763.383.1084 Fax: 763.383.1089 January 20, 2005 RECEIVED Mr. Ron Warren AN N 2 Planning Zoning CITY OF BROOKLYN CENTER' 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Narrative; CVS Development and Rezoning Application Dear Ron: We are pleased to make application for the development of a CVS /pharmacy at the corner of 58 Avenue and Brooklyn Boulevard, in Brooklyn Center. We hope that the application and all associated materials are complete and to your satisfaction. The following is a brief overview of the proposed development. Additionally, we will be proposing a zoning change. Consequently, we will be addressing Brooklyn Center's guidelines for rezoning as well. THE PROPOSED DEVELOPMENT Existing Development As outlined on the attached site plan, CVS proposed to purchase and develop five lots on the northwest corner of 58 Ave Brooklyn Boulevard. Currently, each lot is occupied by single family homes with driveway access, as they apply, to each road. Two of three lots fronting 58 Ave are zoned R -1, while the remaining three parcels are zoned C -1. Additionally, three lots are to be included in this development. The same owner retains the lots, the southern two of which are developed and operating as a dental office. The third, and northernmost is currently undeveloped. All of these lots are zoned C -1. Replatting We are proposing to replat the five CVS /pharmacy lots to one parcel, and, as part of this application, the three parcels to the north are to be replatted to one parcel. Additionally, CVS /pharmacy shall enter into a lease easement arrangement with the owner of the adjacent parcel for the purpose of securing cross parking and access agreements. Access Hennepin County Transportation staff has been included in the access planning for this development. Initially, they have approved and access plan as reflected on the attached site plan. City staff has been included in this planning, and the city shall require that additional entrance signage be placed at the northernmost full access of the development. Hennepin County proposes additional adjustments to concrete medians on both 58 Ave and Brooklyn Boulevard, of which, 58` Avenues has been shown on the site plan. LAN D DEVELOPMENT MUNICI PAL HIGH WAYS RAILROADS S U R V E Y I N G WETLANDS E N V I R O N M E N T A L As S E S S M ENT S F{TLECEIVED Anderson Engineering of MN, LLC Page 2 of 3 Narrative Brooklyn Center January 20, 2005 jAN 2 2005 Rezoning CITY OF BROOKLYN CENTER This application shall include a proposed rezoning of all aforementioned, replatted parcels. The two new, and separate parcels are proposed to rezone to a PUD designation. The proposed CVS will adhere to underlying C -2 development guidelines, while the adjacent parcel will maintain it's current C -1 designation as it pertains to development guidelines. A PUD agreement is to be negotiated and discussed between both parcel owners and the city. This agreement shall place restrictions on future land use and development as agreed upon. Discussions concerning this agreement are forthcoming. The CVS /pharmacy development proposes to place travel lanes within the 35' screening and landscape buffer as outlined in the code. Hennepin County has asked that full access from 58 Avenue be as far to the west on the parcel as possible to allow for increased staging for the intersection. A 15', one way traffic lane from the pharmacy pick up /drop off also infringes on this setback to a lesser extent. CVS proposes to work with staff to provide additional screening measures necessary to promote the separation of land uses. Fencing and screening applications have been included on the Site and Landscape plans for your review. Additionally, this proposal has worked to preserve mature, existing trees where it can. As surveyed, the existing parking for the adjacent parcel infringes within the 15' rear setback. As proposed, the development of additional parking for this parcel continues along existing curb ,ines. Additional screening measures, in the form of landscape material, have been proposed to offset this. Brooklyn Center Rezoning Guidelines The following are guidelines set forth in section 35 -208 of the zoning code that pertain to this proposed development, that consider the merits of a rezone; in this case from R -1 C -1 to PUD. 1. Is there a clear and public need or benefit? The site lies in proximity to high level commercial land usage. A PUD provides flexibility of development while providing the public with control over land use applications. 2. Is the proposed zoning consistent with and compatible with surrounding land use classifications? Adjacent and to the east, a PUD with commercial land use application has been approved and enacted. 3. Can all the permitted uses in the proposed zoning district be contemplated for the development of the subject property? Current zoning of affected parcels does not allow for the proposed use. 4. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? Yes. To the east, commercial zoning has been increased. 5. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? Measures have been taken to minimize impact of the new zoning classification on adjacent, non similar zoning, as it relates to screening. Current zoning is less restrictive to this end and a rezone as requested will require a more comprehensive screening application. 6. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? The proposed CVS /pharmacy parcel seeks to combine 5 single family parcels, with driveway access to 58` Avenue and Brooklyn Boulevard, into one parcel with controlled access. Existing concrete medians work to restrict full movement of individual parcels. Coordination with the adjacent property owner helps to ensure safer circulation as a larger development. Given the traffic load of this intersection, a larger PUD proposal works best in the design of save traffic circulation. Anderson Engineering of MN, LLC Page 3 of 3 Narrative Brooklyn Center January 20, 2005 Additionally, stormwater applications can be applied to a larger development, and not as individually, or smaller development proposals could. 7. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The combining of parcels along Brooklyn Boulevard works best to effectively control development and traffic along this busy corridor. Through PUD zoning, the city can negotiate controls of land use as promotion to the community's best interests. A retail land use falls reasonably J with adjacent land uses within this sector of the city. Per the guidelines, it has been interpreted that items E and Hare not applicable to this proposal, or are best addressed by staff. CONCLUSION This narrative works to address the proposed development with relation to zoning and platting concerns. Thank you for your assistance and guidance through this phase of our development. Sincerely, Q oss Fairbrofher, L.A. Anderson Engineering of Minnesota, LLC s RECEIVED CITY OF BROOKLYN CENTER City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policv It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the ro osed zoning consistent with and compatible with surrounding land use P P g P g classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses'p&rmitted'in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -208 Revised 3 -01 Section 35 -341. 0-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi -open nature such as golf courses and golf driving ranges. c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355., PLANNED UNIT DEVELOPMENT. Subdivision 1, Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: City of Brooklyn Center 35 -45 July 24,2004 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD- MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD- MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. City of Brooklyn Center 35 -46 July 24,2004 C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35 -400 to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only ontain uses consistent with the City's Comprehensive Y tY" Plan. P d. All property 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 ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. City ofBrookl n Center 35-47 Y July 24 2004 Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least'the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35- 210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. City of Brooklyn Center 35 -48 July 24,2004 Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this. ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary o better tter accom lish the purposes o p pure f the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval. pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. 1. The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building as not been increased r g o decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development P P agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35- 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. City of Brooklyn Center 35 -49 July 24,2004 h. If within 12 months following approval b the City Council of the development plan, g Pp Y tY no P P building permits have been obtained or, if within 1.2 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. City of Brooklyn Center 35 -50 July 24,2004 Member Newman introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2005 -01 RESOLUTION REGARDING THE RECOMMENDED THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -003 SUBMITTED BY BEAR CREEK CAPITAL, LLC WHEREAS, Planning Commission Application No. 2005 -003 submitted by Bear Creek Capital, LLC, proposes rezoning from R -1 (One Family Residence) and C -1 (Service Office) to PUD /C -2 (Planned Unit Development/Commerce) of five contiguous lots totaling 66,517 sq. ft. or 1.53 acres in area located at the northwest comer of County Road 10 (58` Avenue North) and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 13,000 sq. ft. CVS Pharmacy on the proposed Lot 1, Block 1, CVS Brooklyn Boulevard Addition; and WHEREAS, the Planning Commission held a duly called public hearing on February 17, 2005 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the 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 and the City' s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2005 -003 submitted by Bear Creek Capital, LLC be approved in light of 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 portion of a drive lane to encroach in a Page 1 35 ft. buffer area located along the west side of the site. This modification from the C -2 standard is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by various factors contained in the approved site 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. In light of 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 Planning Advisory Commission of the City of Brooklyn Center to 1 ecommend to the City Council that Application No. 2005 -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 permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or 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 for both the CVS Pharmacy site and the adjacent dental center site. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas on the CVS 4 Pharmacy and dental center sites to facilitate site maintenance. I Page 2 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. An off site directional sign shall be provided at the shared access on Brooklyn Boulevard indicating that it is an entrance for the CVS Pharmacy site. 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 owners of the CVS Pharmacy site and the dental center site 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 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 ci;_itrol permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2005 -002 has been given final approval by the City Council and filed with Hennepin County. 14. 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. 15. Approval of this Planned Unit Development acknowledges the C -2 underlying zoning district as authorizing C -2 uses generally. This site, however, may not be .used for any land uses not authorized in the Central Commerce Overlay District (CC) per Section 35 -2240 of the City Ordinances. 16. The owners of the CVS Pharmacy site and the dental center site shall execute a deed restriction to be filed with the titles to the respective properties encumbering ten parking spaces on the dental center site for the sole use of the CVS Pharmacy. 17. Cross access and parking agreements, as approved by the City Attorney, shall be executed by the owners of the two respective sites. Page 3 18. The development plan shall be modified in the following manner: a. To provide additional landscaping in the reduced buffer areas such as coniferous trees to provide additional screening from the abutting R -1. b. To add a minimum 6' high opaque screen wall along the west property line of the dental center site where it abuts with the R -1 zoning district. c. Modification to the lighting plan so that allowed foot candle levels are consistent with Section 35 -712 of the City Ordinances. 19. Access to County Road 10 and Brooklyn Boulevard are subject to approval by Hennepin County through its permitting process. Date Chair A -T--.ST- 0 Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Roche and upon vote being taken thereon, the following voted in favor thereof: Chair Tim Willson, Commissioners Lund, Newman and Roche and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. i Page 4 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -003 SUBMITTED BY BEAR CREEK CAPITAL, LLC WHEREAS, Planning Commission Application No. 2005 -003 submitted by Bear Creek Capital, LLC, proposes rezoning from R -1 (One Family Residence) and C -1 (Service Office) to PUD /C -2 (Planned Unit Development/Commerce) of five contiguous lots totaling 66,517 sq. ft. or 1.53 acres in area located at the northwest corner of County Road 10 (58 Avenue North) and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 13,000 sq. ft. CVS Pharmacy on the proposed Lot 1, Block 1, CVS Brooklyn Boulevard Addition; and WHEREAS, the Planning Commission held a duly called public hearing on February 17, 2005 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. 2005 -003 by adopting Planning Commission Resolution No. 2005 -01 on February 17, 2005; and WHEREAS, the City Council considered Application No. 2005 -003 at its February 28, 2005 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 to recommend that Application No. 2005 -003 submitted by Bear Creek Capital, LLC be approved in light of the following considerations: L 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. RESOLUTION NO. 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 portion of a drive lane to encroach in a 35 ft. buffer area located along the west side of the site. This modification from the C- 2 standard is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit mt Development proposal is P P p 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. In light of 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. 2005 -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 permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or 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 for both the CVS Pharmacy site and the adjacent dental center site. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. RESOLUTION NO. 7. Underground irrigation shall be installed in all landscaped areas on the CVS g Pharmacy and dental center sites to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. An off site directional sign shall be provided at the shared access on Brooklyn Boulevard indicating that it is an entrance for the CVS Pharmacy site. 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 owners of the CVS Pharmacy site and the dental center site 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 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. No building permit will be issued for construction of the ro osed building until the P P g plat comprehended under Planning Commission Application No. 2005 -002 has been given final approval by the City Council and filed with Hennepin County. 14. 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. 15. Approval of this Planned Unit Development acknowledges the C -2 underlying I zoning istrict as authorizing C uses generally. This g g g y s site, however, may not be used for any land uses not authorized in the Central Commerce Overlay District (CC) per Section 35 -2240 of the City Ordinances. 16. The owners of the CVS Pharmacy site and the dental center site shall execute a deed restriction to be filed with the titles to the respective properties encumbering ten parking spaces on the dental center site for the sole use of the CVS Pharmacy. RESOLUTION NO. 17. Cross access and parking agreements, as approved by the City Attorney, shall be executed by the owners of the two respective sites. 18. The development plan shall be modified in the following manner: a. To provide additional landscaping in the reduced buffer areas such as coniferous trees to provide additional screening from the abutting R -1. b. To add a minimum 6' high opaque screen wall along the west property line of the dental center site where it abuts with the R -1 zoning district. c. Modification to the lighting plan so that allowed foot candle levels are consistent with Section 35 -712 of the City Ordinances. 19. Access to County Road 10 and Brooklyn Boulevard are subject to approval by Hennepin County through its permitting process. February 28, 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 28th day of March 2005 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Northwest Corner of County Road 10 and Brooklyn Boulevard). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTHWEST CORNER OF COUNTY ROAD 10 AND BROOKLYN BOULEVARD) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (CI) Service /Office District zoning classification: Lots 1 t4euo. c Bieek i nw......,., Addition. That paA of Let 13 Auditor-'-s Subdivisio N o. 216 lying .,eft of C k z's additio and oast of the w est fine Lot 2. Block 1. CVS Brooklvn Boulevard Addition. Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Lot 1. Block 1. CVS Brooklvn Boulevard Addition ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 9c i MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning nd Zoni S e i�1 g g P E Subject: City Council Consideration Item Planning Commission Application No. 2005 -004 Date: February 22, 2005 On the February 28, 2005 City Council Agenda is Planning Commission Application No. 2005 -004 submitted by Gary Swenson requesting a Variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5445 and 5441 Camden Avenue North Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2005 -004 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their February 17, 2005 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 2 -2 -05 City Council Action Should Be Taken By 4 -3 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -004 Applicant: Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh Location: 5441 and 5445 Camden Avene North Request: Variance Mr. Gary Swenson, on behalf of Mary Barrus /Gary Swenson (5441 Camden Avenue North) and the estate of Paul Fagerhaugh (5445 Camden Avenue North) is requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties by ten feet so that a currently shared driveway would be located totally on the Barrus /Swenson property, 5441 Camden Avenue North. The properties in question are an interior residential lot at 5441 Camden Avenue North owned by Barrus /Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. The two properties are zoned R -2 (One and Two Family Residence) and are located at the southwest quadrant of 55 Avenue North and Camden Avenue North. They are surrounded on the north by 55 Avenue with R -3 (Multi Family Residence Townhomes and Garden Apartments) and R -1 (One Family Residence) zoned property on the opposite side of the street (the lot at 5501 Camden Avenue North is zoned by Robert Fagerhaugh, a relative of the late Paul Fagerhaugh); on the east by Camden Avenue North with other R -2 zoned property on the opposite side of the street; on the south by R -2 zoned property containing a single family home; and on the west by Bellvue Park. Again, the intention of the applicants as outlined in a letter from Mr. Neil Fagerhaugh (attached), who is to be appointed legal representative of Paul Fagerhaugh's estate and trust, is to divide off a 10 ft. by 149.85 ft. portion of 5445 Camden Avenue North using a metes and bounds description, so that it can be conveyed and combined with the Barrus /Swenson property. Section 15 -104 of the City Ordinances requires divisions of land to be done through a formal plat or registered land survey unless the City Council, by variance allows otherwise. Mr. Swenson has submitted a certificate of survey for the two lots showing the rectangular shaped area to be conveyed. It contains a bituminous driveway leading from a currently shared access on Camden Avenue North to the garages located in the rear yards of the two properties under consideration. A driveway easement exists authorizing the shared use and common maintenance of the driveway by the owners of the two lots. Once the division is accomplished and the 10 ft. by 149.85 ft. parcel is conveyed and attached to 5441 Camden, this easement will be extinguished. Mr. Swenson has included a copy of a three page addendum to the purchase agreement (attached), which outlines a number of things related to the agreed upon conveyance. 2 -17 -05 Page 1 The survey shows only one encroachment would be created by the proposed division and would have to be addressed. This is the location of the existing garage on 5445 Camden. The intent is to relocate the garage such that it will be set back properly from the newly established property line and be oriented such that a new driveway leading to 55 Avenue North can be constructed. A condition of any approval authorizing the division and conveyance is that the garage be relocated such that all setback requirements to the newly configured lot are met prior to the filing of the division with Hennepin County. The certificate of survey also shows that no lot deficiencies would be created by the proposed division and conveyance. In fact, 5441 Camden will become closer to being a standard size lot with respect to single family interior lot width within an R -2 zone. With the conveyance it will be 57.02 ft. in width and 8,498.8 sq. ft. in area. The interior lot requirements for a single family residential use in an R -2 zone are 60 ft. in width and 7,600 sq. ft. in area. The lot at 5445 Camden will be 79.03 ft. in width and 11,842.6 sq. ft. in area after the division. Single family corner lots in an R -2 zone require a minimum lot width of 75 ft. and a minimum lot area of 8,750 sq. ft. Under the City's Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15 -112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance the City Council must find: 1. That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. It is the contention of the applicants pp is that to require the formal platting process for this division is overt expensive, burdensome y p and unnecessary n that no new legal lots are being created with rY g g the division of land and that there is substantial precedent for granting similar variances. We would concur with the applicant's comments and, in this case, we believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time at least seven such divisions have been approved through the variance process by the City 2 -17 -05 Page 2 Council. The variances that have been granted typically site the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also the division of land by metes and bounds has been allowed provided that no new buildable lots were created and that no lot or setback variances were implied and that all lot area requirements can be met. It is the staff's opinion that the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15 -112 of the City Ordinances and also the City's policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City's policy regarding subdivisions by metes and bounds descriptions have been met in this case. Also, substantial precedent for metes and bounds division variances in cases similar to this exists. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: I The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. 3. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. 4. A new driveway leading from 55` Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55`' Avenue shall be obtained from the City Engineering Department. 2 -17 -05 Page 3 �`1;: +aa$.•'aX� a: �.'•:�i�j.R' irk., tt:,a? :••;:.'.�a,..; r: =5 Xi f .SY .I'.• .Jf y..l.t \7J: 5vr .y., ^I•'Jr t•:: :•.,J'L �.'w <i: ..1 N,•.'t ;i.` {tF•7.:)0 o:.��. t•3'; L.;'L,- R;�i�:�f •,ii.•,.;•' „ice. a� ?lt.. c�•; lf'itwi�` r't:.. q t�n.. :.i r •r,r• i. •Yy.; ti,• r yl;r. di .1.,:� t:: 4. l .:1•" ..�yr •Zw:.: Q�: rte :;•t.� "•R :`;i'•,,' la:7C;Ir•rd•>; •.r��•'.i•... R::.lt' cY•. l.•: is r %'t•. L'n ;!i •s•.. \i• R:• Y �i IMF' r y: t .l.•r.a.• ♦a: -::1: t:il.:.. t, Z'•`.\ •\Y :1.'s.mr.ad,�Va..i:Y .r.1.'o .r i;: L1(` })a. Ora .rq F is Z1�r..•Yl) •S��•J -i.1: 'Lr: or E'�rf °ft?':: ..9•. 1.... tl,',; >.,y. fYR/ I. 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'�3.5, :•r. -l. e;..'�,�y; 't. }';•,!s��.:•f.:�;!1�• +.�`:ii+ 7: i: �'��it�.�. }y:, a�fT cv: +r� r t :ii 7 c, •.A�� .l��rR °2 i R: SC'= Atli.. h� e Ai, Y i\� f\ t�. t i j r r t S L. a ;;Y �t:• 1 r 7 r i/) .r R t 1 J i t`'• 1 1� n, :'J(j�fi:•'••' r�" rt �'�2� t• r r 1 1 .;.R., riy c •��f -'7 t R cu• ima 11 n r [•1� l ii u u f� it ff WEI ■■r a C R rr■ ■rrrrr -v r■■r rUNION 11 rl�� 1 1 �■r MEMO ■I►IC� 11�1� I�r�rrr� rr rr ■1■ T• 1■' rr■ r1�1 i■rft" =`_i ■ri 111■1�� 1�� 1 11�r ■I Ilrr ir�IC.:I ■�irlitlll' ■■1■ r�■r■ rr ■r ■■■as :nrrl�� Ir■ 1 111 1 n o ■irrr■■ N�II11111111 r r r ■■r ■■rr■ ■r■ ■rrr�r■■ irfir�� ■r�■ rrrr■r� s III■ ©R� T�° rrN■ ■1 T 1 ■111■ il■INI■�� ��0 rl 11 /1�r! Itt ■���r ��r�rrr fs A 4 x zx y rk �a 3 4..-. r ,r ';y..ked +fd 3a yam,, S a z om IN Tpf AM 91 K r �5 9...' T r rs v4 r z �rw ✓a y s ,a ws xE� s :r Exi-Y ��t a �s� �'•�a� kN' xv Vy all AID M g +r Jki uY j CERTIFICATE OF SURVEY -N For GARY SWENSON Bearings are based on an assumed daturn. Scale: f Inch 40 feet 55TH AM N0. N88'32'21'E 149.86 row DESCRIPTION woo 2 clo, O TRACT 1 z The South 37 feet ofthe East 149 feet of Lot 1, Block 3, and North 1 10 feet of East 149 het of Lot 2, Block A BEUVUEACREA Hennepin County, Mlnneaota r n 3 HdI E d TRACT2 m m c n PARC L "A" Lot 1 except the west 1 thereof and except the South 37 n T I s mm Q g E het thereof, Block 3, BELLWEACRES. j O 'd Z I I PROPOSED DESCRIPTION '24'16'E `149.85 —i-1U, PARCELA 2 Md l 24'16'W i UD 7 The North 10.00 fast of the South 47.00 feet of Lot 1, Block 3 m m I I I' p10h1 1 e BELL WE ACRES, a plat on Ale and of record kh the d1ke of ew r M101lrA= County Recorder, Hennepin County M/m esota. EXCEPT the 9 I momw Lor UK so- S ,t' s I west 150.00 fast thereof OLCCK e LOT 2, 9 g liT Contafnl►g: 1,499 Sq.Ft or 0.0344 Acres aflanuL a T I tSW24 18�'W 149.05 1 Q I 1 1 50lttN LJlE OI' L OT 1, 0 2 I LEGEND I o Set Iron Pipe Fount both Pipe 1 Z f� =NOTES 1. Thfa survey has been prepared without ft bereft oft trots h I i commitment I I 2. This survey does not purport to show of krrprvremwft I 1 easements, or encroachments to the prvpe*, except as shown harem 3. For the purposes of tds survey, odentaton of this beerkog O system easu 2 m the North One ci Bock 3 BELL WE ACRES, at Be degrees 32 lmuha 21 seconds. i January 27, 2005 Gary Swansen 5441 Camden Ave. North Brooklyn Center, MN 55430 Re: Land sale to eliminate shared driveway Dear Gary; This confirms our recent discussions and plans. We have agreed that you will buy a 10 foot wide strip of land that will in effect move the property line between your lot and that of my late Uncle Paul Fagerhaugh, 10 feet to the North. You will then completely own what is now the shared driveway. As part of this agreement I will see that the following is done regarding Paul's lot. 1. Cap any well that may be on or close to the new property line. 2. Move the existing garage to the north such that it meets any setback requirements to the new property line. The garage will also be rotated 90 degrees so that it faces 55 avenue. 3. Get City approval, and put in a new driveway to 55 avenue. We have also agreed that the existing driveway easement agreement will remain in effect until the new driveway is completed. The execution of the sale will take place once I am appointed the legal representative of Paul's estate and trust. This should occur once the informal probate process, now underway, is completed. Some details of our transaction may still be undecided, but this letter is to confirm my intent to get this done as it will benefit both current and future owners of the two properties. Neil Fagerhaugh ADDENDUM 1 TO PURCHASE AGREEMENT Pertaining to the purchase agreement of the south 10 feet of 5445 Camden Page Number 1 of 2 Dated 1. Sellers state that they have full legal authority to sign Purchase Agreement papers for Paul Fagerhaugh either under power of attorney or as the executor(s) of his estate or as trustee(s) of his trust. Paul Fagerhaugh being the one and only owner of 5445 Camden Ave. N Brooklyn Center, Minnesota. 2. This purchase agreement is subiect to local City and County codes and official approval. The exact approval required by both parties will be a variance from the Brooklvn Center Citv Planninq and Citv Council for an exemption of full replattina of the properties. Also an approval by the Hennepin county Taxation dept. Parties agree that time is of the essence and that a full replatting will be overly time consuming and overly expensive to proceed with the purchase agreement. Seller also requires a building permit to move the (garage, concrete and electrical etc.) improvements and construct a new driveway on the remaining property, which will include a new curb cut in the city owned street. If those approvals are not given, sellers and buyers agree to sign cancellation of purchase agreement papers and this agreement shall be null and void. 3. Sellers and buyers agree that the intent of this agreement is to split a portion of the southerly 10 feet from the lot known as 5445 Camden Ave N. Brooklyn Center, Minnesota. County of Hennepin (from the Sellers) and add that portion as a lot consolidation to the northerly portion to the lot know as 5441 Camden Ave N. Brooklyn Center, Minnesota. County of Hennepin (to the buyers). That portion to be the ten feet that includes the shared driveway for the two properties, with current easements that now exists between the two properties. A registered surveyor (J. Oliver and Assoc. 2781 Freeway Blvd. Brooklyn Center, MN.) hired buy the buyers will determine the new lot lines and new legal descriptions written for both properties to the satisfaction of the sellers, Local City government and County officials as needed. 4. Parties agree that the present driveway easement reads as follows: "The shared driveway easement is to be located over the north 4 feet of the east 114 feet of tract 2 and the south 4 feet of the east 114 feet of tract 1. Any common repair and maintenance costs for the shared driveway mutually agreed upon by the current and future owners of tract 1 and 2, shall be shared equally between the owners of tract 1 and 2. The shared driveway easement shall benefit tracts 1 and 2 and be appurtenant to the said tracts for the benefit of future owners" ADDENDUM #1 TO PURCHASE AGREEMENT Page Number 2 5. Closing shall be set for 04/29/2005. Parties agree that the driveway easement will be dissolved between the parties after a successful closing and removal of all improvements. 6. Buyers agree that the current easement may temporarily survive the closing. Buyers agree that this is a friendly transaction and do not wish to .force undue hardship on the buyers due to seasonal construction costs. If the seller can not remove all the improvements due to cold or wet weather, or will suffer extra financial burden due to cold or wet weather, the easement will temporarily remain until better weather in the spring that aids construction costs. However, regardless of weather or extra financial burden, seller agrees to provide full possession of the property not later than 06/01/2005 with removal of all improvements and parties will then terminate the easement agreement. (see line 7) 7. Sellers and buyers agree to dissolve the easement agreement sooner than 06/01/2005, if the seller has removed all improvements from the property and the sellers and buyers have had a successful closing. This will include that a new driveway has been constructed for the seller's use on the sellers remaining property. The easement rights and responsibilities between the properties and parties mentioned in line #4. Shall then be forever terminated there after with no rights, responsibilities or recourse to the present and future owners 5445 Camden Ave N (tract 1) and the driveway shall then be of sole benefit to the present and future owners of 5441 Camden Ave N. (tract 2). However, regardless of weather or extra financial burden, seller agrees to provide full possession of the property not later than 06/01/2005 with removal of all improvements and will terminate the easement agreement as previously stated. 8. Seller(s) also agree to move or remove any improvements that encroach on the new property division lines that are marked by the survey, to the minimum property code setbacks as required by local governing authorities. Moving and removal of improvements shall be the seller's exclusive cost, but the Buyers agree to credit sellers at closing not more than $3,500.00 to defray the cost of removal of the improvements. Seller(s) agree to reimburse the buyers for one half the cost of the required survey, estimated to be $1,100.00, at closing. If the closing is canceled buyers agree they shall not be reimbursed for the survey and the contents of the survey shall be the sole property of the buyers Gary Swenson Mary Barrus. ADDENDUM #t TO PURCHASE AGREEMENT Page Number 3 Water Wells All wells included in the purchased 10 feet or encroaching on the new property line will be sealed at owner's expense prior to closing. Financial details A. Buyers shall provide as earnest moneys the up front cost of $1,100.00 for the survey. Half the cost ($550.00) to be reimbursed at closing by the sellers to the buyers. B. Buyers shall provide at closing $3,500.00 as payment for the land and driveway as well as termination of the common easement. C. Buyers shall credit the sellers at closing not more than $3,500.00 towards seller's cost of removal of improvements and construction of a new driveway. SELLERS DATE BUYERS DATE I MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 17, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:37 p.m. ROLL CALL Chair Tim Willson, Commissioners, Rachel Lund, Rex Newman, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Boeck, Rahn and Reem were absent and excused. APPROVAL OF MINUTES JANUARY 13. 2005 There was a motion by Commissioner Newman, seconded by Commissioner Lund, to approve the minutes of the January 13, 2005 meeting as submitted. The motion passed unanimously. CHAIR'S EXPL ANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2005 -004 MARY BARRUS /GARY SWENSON AND THE ESTATE OF PAUL FAGERHAUGH Chair Willson introduced Application No. 2005 -004, a request from Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5445 and 5441 Camden Avenue North. The purpose of the division is to relocate the common property line between the two properties by ten feet so that a currently shared driveway would be located totally on the Barrus /Swenson property, 5441 Camden Avenue North. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2 -17 -05 for Application No. 2005 -004, attached.) He noted the properties in question are an interior residential lot at 5441 Camden Avenue North owned by Barrus /Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. PUBLIC HEARING APPLICATION NO. 2005 -004 There was a motion by Commissioner Roche and seconded by Commissioner Newman, to open the public hearing on Application No. 2005 -004 at 7:45 p.m. The motion passed unanimously. 2 -17 -05 Page 1 Chair Willson called for comments from the public. Mr. Gary Swenson, 5441 Camden Avenue North, stated that his request is strictly for convenience so that when there is a new owner of 5445 Camden Avenue North, they no longer will have to share a common driveway. He ad r. Fagerhaugh will Y ded that the estate of M determine where the new driveway for 5445 Camden Avenue North will be located. Mr. Neil Fagerhaugh, nephew of Mr. Paul Fagerhaugh, stated that the probate papers were brought to court in January and he will gain legal control of the estate very soon. He will be selling the property when this division is complete. Commissioner Newman pointed out to Mr. Fagerhaugh that he cannot transfer ownership of the property within 30 days of being appointed legal executor of the estate. Commissioner Lund inquired about any wells on the property and if they might be near the driveway. Mr. Fagerhaugh stated that they believe there is a well but that it is probably located closer to the foundation of the house. No other persons from the public appeared before the Commission during the public hearing on Application No. 2005 -004. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Lund, to close the public hearing on Application No. 2005 -004 at 8:05 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005 -004 MARY BARRUS /GARY SWENSON AND THE ESTATE OF PAUL FAGERHAUGH There was a motion by Commissioner Roche, seconded by Commissioner Lund, to recommend to the City Council that it approve Application No. 2005 -004, submitted by Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh, for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5445 and 5441 Camden Avenue North on the basis that the standards for variance and the City's policy regarding metes and bounds descriptions have been met and also that there is substantial P recedent for such variances. This recommended approval is subject to the following conditions: 1. The legal descriptions and certificate of survey showing the division of 5445 Camden Avenue North shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. 2 -17 -05 Page 2 3. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. 4. A new driveway leading from 55 Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55 Avenue shall be obtained from the City Engineering Department. Voting in favor: Chair Willson, Commissioners, Newman, Lund, and Roche. The motion passed unanimously. The Council will consider the recommendation at its February 28, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2005 -002 BEAR CREEK CAPITAL. LLC Chair Willson introduced Application No. 2005 -002, a request from Bear Creek Capital, LLC, for preliminary plat approval to combine eight existing lots located at the northwest corner of County Road 10 (58 Avenue North) and Brooklyn Boulevard into two lots. The northerly lot would be the site for an existing dental clinic while the southerly lot would be for a proposed CVS Pharmacy. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2 -17 -05 for Application No. 2005 -002 and the Director of Public Works' 2/2/05 memorandum, attached.) Mr. Warren explained that the applicant is also seeking Rezoning and development plan approval through the Planned Unit Development (PUD) process under Planning Commission Application No. 2005 -003 for a 13,000 sq. ft. CVS Pharmacy. APPLICATION NO. 2005 -003 BEAR CREEK CAPITAL. LLC Chair Willson introduced Application No. 2005 -003, a request from Bear Creek Capital, LLC, for rezoning from R -1 and C -1 to PUD /C -2 of five contiguous lots located at the northwest corner of County Road 10 and Brooklyn Boulevard and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy on a proposed 1.53 acre site located at the northwest corner of County Road 10 and Brooklyn Boulevard. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2 -17 -05 for Application No. 2004 -003 and the Director of Public Works' 2/2/05 memorandum, attached.) The applicant's plan is to demolish and/or otherwise remove the five existing single family homes and other accessory buildings to build a 13,000 sq. ft. CVS Pharmacy, which would have cross driving, parking and access rights with the neighboring dental center site to the north. 2 -17 -05 Page 3 PUBLIC HEARING APPLICATION NOS. 2005 -002 AND 2005 -003 There was a motion by Commissioner Newman, seconded by Commissioner Lund, to open the public hearing on Application Nos. 2005 -002 and 2005 -003, at 9:45 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Milo Carlson, 5830 Drew Avenue North, who lives behind the proposed development stated that his concern is with the excessive run off of water in the Cross of Glory parking lot and is concerned that this development will put added stress on the existing system to the point that it may not be able to handle the additional water flow based on what's shown on the plan. Chair Willson explained that the City Engineer will be reviewing the plan to be sure that there is an appropriate catch basin in place for the CVS development to assure proper drainage off the site. Mr. Warren pointed out that when the church was built there were different requirements for drainage on a site and that the drainage system to be placed on the applicant's site would be required to meet current specifications for catch basins, etc. Mr. Bill Tippmann, Bear Creek Capital, introduced himself as a developer from Cincinnati Ohio hired to develop CVS Pharmacies. They are in the process of developing 22 CVS Pharmacies in the metro area. Two are complete; one in Plymouth and one in Maple Grove, with two others under construction. There are plans for four other CVS Pharmacies to begin construction this spring. Mr. Tippmann explained that they have an agreement with Dr. Kotonias and that Bear Creek Capital will be responsible for all improvements on the site. He added that they are also in the process of creating a cross access agreement with Dr. Kotomas regarding parking. He further explained what their plans are to meet the City's screening requirements where this property abuts the R -1 zoned property. Mr. Warren explained that a 15 ft buffer and a 6 ft. high opaque fence are required between C -1 and R -1 zones. Mr. Tippmann stated that the requirements may have been misunderstood by the landscape architect and will be provided for on a revised plan. He added that foot candle limitations will also be reconfigured to meet city ordinance requirements. Storm water concerns will be addressed by their Engineer to meet the City Engineer's recommendations. He added that he has attempted to reach some of the surrounding property owners and left messages with most of them. 2 -17 -05 Page 4 Commissioner Roche asked Mr. Tippmann about shifting the building to eliminate the two lane drive way on the west. Mr. Tippmann responded that his client had made a large investment in this project and feels that they have seriously studied the layout of this development and felt it was appropriate but that they would include any changes desired by the Commission in a revised plan and further review Commissioner Roche's suggestion. There was discussion by the Commission members regarding whether or not the plan could be recommended to the City Council in light of proposed changes to the plan and the 60 day time limit for City Council approval There was also further discussion regarding screening and buffering of residential property on the site. Mr. Tippmann offered to place additional screening on the site if that would be acceptable to the Commission. Mr. John Steffens, 5824 Drew Avenue North, is concerned with `two way' traffic flow on the site and would like to see additional screening added to the site along with the proposed landscaping. He suggested the placement of a 6 ft. high opaque fence along the residential property that abuts with the dental center. Mr. Steffens also inquired about the selection of this site for development and asked why a different site wasn't chosen that is currently vacant and in need of development. Chair Willson explained that the applicant chose the site and the city is not in a position to deny approval based on that. No other persons from the public appeared before the Commission during the public hearing on Application Nos. 2005 -002 and 2005 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Lund, to close the public hearing on Application Nos. 2005 -002 and 2005 -003, at 10:17 p.m. The motion passed unanimously. The Chair called for further discussion or q uestions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2005-002 BEAR CREEK CAPITAL. LLC There was a motion by Commissioner Roche, seconded by Commissioner Lund, to recommend to the City Council that it approve Application No. 2005 -002, submitted by Bear Creek Capital, LLC for reliminar plat approval to combine p y p pp eight existing lots located at the northwest corner of County Road 10 (58` Avenue North) and Brooklyn Boulevard into two lots subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2 -17 -05 Page 5 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this Preliminary Plat is contingent upon approval of Planning Commission Application No. 2005 -003. 4. Appropriate cross access and cross parking agreements between the proposed Lots 1 and 2, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The applicant shall dedicate a sidewalk easement along the northeast corner of Lot 2, Block 1, prior to release of the final plat. This sidewalk easement shall extend a minimum of one foot beyond the outside edge of the existing sidewalk. 6. The final plat shall include a 20 ft. wide drainage and utility easement along the alignment of the existing sanitary sewer transecting Lot 2, Block 1. The applicant shall provide written certification from a licensed land surveyor or engineer that the easement shown on the plat is centered along the alignment of the existing sanitary sewer. 7. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 8. Water and sanitary services to the existing five homes within the preliminary plat boundary must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering Division office. 9. The homes and accessory buildings within the boundaries of the preliminary plat shall be demolished and/or removed from the property prior to final plat approval and filing. 10. Building permits for construction of any building comprehended under Planning Commission Application No. 2005 -003 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin Coun Voting in favor: Chair Willson, Commissioners, Lund, Newman, and Roche. The motion passed unanimously. The Council will consider the application at its February 28, 2005 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2005 -01 2 -17 -05 Page 6 There was a motion by Commissioner Newman, seconded by Commissioner Roche to approve Planning Commission Resolution No. 2005 -01 regarding the recommended disposition of Planning Commission Application No. 2005 -003 submitted by Bear Creek Capital, LLC for rezoning from R -1 and C -1 to PUD /C -2 and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy on a proposed 1.53 acre site located at the northwest corner of County Road 10 and Brooklyn Boulevard. The motion passed unanimously. Voting in favor: Chair Willson, Commissioners, Lund, Newman, and Roche. And the following voted against the same: None; Whereupon said resolution as declared duly passed and adopted. Resolution 2005 -01 is made part of these minutes by attachment. The Council will consider this application at its February 28, 2005 meeting. The applicant must be present. Major changes to the applications as reviewed by the Planning Commission will require that they be returned to the Commission for reconsideration. OTHER BUSINESS Chair Willson informred the Commission that he had attended the first meeting of the Opportunity Site Task Force to which he has been appointed Chair. He also shared future meeting dates as well as other information regarding the site being studied. Chair Willson commented on a report prepared by city staff and the Housing Commission regarding senior housing. He added that he attended the Housing Commission meeting on February 15, 2005 and shared information with them regarding the Planning Commission's functions and responsibilities. There was no other business. ADJOURNMENT There was a motion by Commissioner Lund, seconded by Commissioner Roche to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:48 p.m. Chair Recorded and transcribed by: Rebecca Crass 2 -17 -05 Page 7 City Council Agenda Item No. 10a City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness and Councilmembers dy, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: February 9, 2005 SUBJECT: Request for Resolution of Support Solid Waste Management Coordinating Board's Legislative Initiative to Create aNiable Solution for Electronic Waste Attached is correspondence from the Hennepin County Department of Environmental Services requesting a resolution of support from the City of Brooklyn Center in support of the Solid Waste Management Coordinating Board's legislative initiative to create a viable solution for electronic waste before the legislative prohibition on placement of products with cathode ray tubes becomes effective in July. The matter is placed on the City Council agenda for your consideration if you would be interested, or for no action if the Council is not interested in adopting the requested resolution from the Hennepin County Department of Environmental Services. Attachment 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 Hennepin County Department of Environmental Services 417 North Fifth Street, Suite 200 612- 348 -3777, Phone Minneapolis, Minnesota 55401 -1397 612- 348 -8532, Fax 612-348-6500,24 hour INFO Line www.hennepin.us January 12, 2005 Mr. Dan Ruiz City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. uiz: Z4-/ Electronic wastes are a growing concern for the local governments that manage solid waste and recycling programs. The electronic products of greatest concern are those containing cathode ray tubes (CRTs), such as TVs and computer monitors. These products contain from two to eight pounds of lead per unit, as well as other hazardous substances. Lead is a known public health and environmental hazard. The State acknowledged the environmental problems associated with electronic waste and adopted legislation to prohibit the disposal of CRTs in the mixed waste stream effective on July 1, 2005. Even before the ban, State and local government anticipated the need for electronic waste recycling options and worked with manufacturers and retailers for at least five years to study a range of possible solutions; however, consensus around a solution has not been reached. This year, legislative action is urgently needed to ensure that recycling options are available to all Minnesotans and that lead from discarded electronics does not end up in Minnesota's air and water. Hennepin County, along with other member counties of the Solid Waste Management Coordinating Board (SWMCB), supports legislation that incorporates shared responsibility among manufacturers, retailers, and generators; reliable and convenient collection options; responsible recycling of CRTs; a mechanism to address the backlog of CRTs; and a preference for cost intemalization or advance recycling fees over end -of -life fees and without relying on local government. I am asking for your city's support for adoption of electronic waste legislation this session. I encourage the City of Brooklyn Center to pass a resolution in support of the SWMCB's legislative initiative. A model resolution is enclosed for your consideration. I would appreciate receiving a copy of your city's resolution upon passage so it can be forwarded to legislators. Please contact me at 612 348 -6445 or Amy Roering at 612- 348 -8992 if you have any questions. Sincer Philip C. Eckhert Director Attachment c: City Manager Mr. Michael McCauley' Hennepin County Commissioners Sandra Vargas, County Administrator John Jaimez, Hennepin County An Equal Opportunity Employer Recycled Paper Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION IN SUPPORT OF SOLID WASTE MANAGEMENT COORDINATING BOARD'S LEGISLATIVE INITIATIVE TO CREATE A VIABLE SOLUTION FOR ELECTRONIC WASTE WHEREAS, technological advances in the areas of computers and televisions has created an inadvertent environmental problem when electronic products need to be disposed; and WHEREAS, this waste stream, called E- waste, includes old TVs and computer monitors that have picture tubes or cathode ray tubes containing 2 to 8 pounds of lead per tube; and WHEREAS, these items contribute to lead in our water, air, and soil when disposed with other mixed wastes; and WHEREAS, the City of Brooklyn Center supports efforts to ensure a long -term and sustainable system to ensure the proper management of TVs and computers without reliance on government -only solutions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City of Brooklyn Center supports the Solid Waste Management Coordinating Board's legislative initiative to create a viable solution for electronic waste before the legislative prohibition on placement of products with cathode ray tubes (televisions and computer monitors) becomes effective on July 1, 2005. BE IT FURTHER RESOLVED that legislation to solve this problem should include provisions to require manufacturer responsibility, reliable and convenient collection options, responsible recycling of CRTs, a mechanism to address the backlog of CRTs, and a funding method that does not require substantial end -of -life fees. February 28, 2005 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 10b ('f Office of the City Clerk BROOKLYN CENTER MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: February 23, 2005 SUBJECT: Proclamation Declaring March 2005 to be Minnesota FoodShare Month Stephen Klein, CEAP Executive Director, spoke with Mayor Kragness regarding proclaiming March 2005 as Minnesota FoodShare Month. Mayor Kragness requested that the Proclamation Declaring March 2005 to be Minnesota FoodShare Month be considered by the City Council at its February 28, 2005, meeting. Mayor Kragness will present a copy of the proclamation to Mr. Klein at the meeting. PROCLAMATION DECLARING MARCH 2005 TO BE MINNESOTA FOODSHARE MONTH WHEREAS, hunger exists in communities even in the best of economies; and WHEREAS, nearly half of hungry Minnesotans are children twelve years old and younger; and WHEREAS, the fastest growing groups of hungry Minnesotans are senior citizens and people who are working; and WHEREAS, the creeping effect of hunger in the life of an individual or family can range from poor health and slowed recovery from injury and illness to poor performance at school and work; and WHEREAS, the impact of this on lives and communities can be devastating; and WHEREAS, food shelves in Minnesota distribute about thirty million pounds of donated and purchased food annually to ease the sting of hunger; and WHEREAS, due to the slowed economy, visits have increased dramatically at every food shelf in the state this year, by an average of ten percent; and WHEREAS, the CEAP food shelf that serves residents of Brooklyn Center has also seen a significant increase in need; and WHEREAS, the Minnesota FoodShare March Campaign is responsible for acquiring about half the food distributed annually through food shelves throughout Minnesota; and WHEREAS, the success of the Minnesota FoodShare March Campaign depends upon the participation of businesses, civic groups, schools, congregations, and individuals in every community. NOW, THEREFORE, T, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the month of March 2004, to be Minnesota FoodShare Month in Brooklyn Center and urge everyone in this community and in communities throughout the State to donate food items and /or funding to the local food shelf during March to ensure that all of our neighbors will have enough food to share fully in the life of our community. February 28, 2005 Mayor ATTEST: City Clem City Council Agenda Item No. lOc City of Brooklyn Center A Millennium Community MEMORANDUM DATE: February23, 2005 TO: Michael McCauley, City Manager 22 FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Authorizing an Agreement with Independent School District 279 for Exchange of Land Attached for consideration is a City Council resolution authorizing an agreement with Independent School District 279 for an exchange of land involving City property located at Willow Lane Park. The proposed land exchange is part of the proposed final plat for Osseo Schools Willow Lane Addition and the proposed development of an Adult Basic Education Facility near 71 S Avenue and Brooklyn Boulevard. The agreement establishes the requirements and conditions for exchanging land as part of the proposed plat. The land exchange would include the transfer of approximately 46,065 square feet of land from the school property to the Willow Lane Park property. The land exchange would also include the transfer of approximately 37,770 square feet of land from the Willow Lane Park property to the school property. Two figures illustrating the proposed land exchange areas are attached. A copy of the agreement is also attached to this memorandum. The City Attorney has reviewed the attached agreement document. The agreement is missing some of the exhibits, which are currently being completed by the surveyor for ISD 279. The attached resolution includes a condition that the exhibits are provided in a form that is acceptable to the City Attorney and City Engineer. 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 279 FOR EXCHANGE OF LAND WHEREAS, the City Council on November 8, 2004 reviewed a Preliminary Plat for OSSEO SCHOOLS WILLOW LANE ADDITION to divide and combine parcels of land located in the southwest quadrant of the intersection of 71 S` Avenue North and Brooklyn Boulevard (CSAH 152); and WHEREAS, the proposed plat would involve the exchange of land between the City of Brooklyn Center and Independent School District 279; and WHEREAS, an agreement has been prepared that specifies the requirements and conditions for said land exchange and specifies the portions of land to be exchanged pursuant to the approval of the final plat for OSSEO SCHOOLS WILLOW LANE ADDITION. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized to execute an agreement with Independent School District 297 to provide for the exchange of land, subject to the following conditions: 1. Independent School District 279 shall provide for the preparation of all necessary p p p p agreement exhibits by a licensed land surveyor. 2. Said exhibits shall be in a form satisfactory to the City Attorney and City Engineer. 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. J\ 0' 6e 120 OSSEO SCHOOLS i WILLOW LANE aaarexs� or Loex Ac ADDITION Car. Of AM Ra Na 57 NORTH SCALE IN FEET i� AM'W 55T m Proposed Legal Description for Transfer a VWllow Lane School Property to City Line Of Lot 17 I (February 17, 2005) A 2 LO ST,& Na 57 Those parts of Lots 12 and 17, Auditor's Subdivision Number 57, according to the L so I J0 I recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the southwest comer of Lot 18, said Auditor's Subdivision Number L_J 57; thence easterly, along the north line of said Lot 17, a distance of 320.00 feet; thence southerly, deflecting to the right 90 degrees 00 minutes 00 seconds, to the north line of Lot 14, said- Auditor's Subdivision. Number 67 and the point of beginning of the parcel to be described; thence northerly, along the last described Una, a distance of 93.51 feet; thence easterly, deflecting to the right 90 degrees 03 _L__ minutes 56 seconds, to the east line of the west 16.50 feet of said Lot 12; thence southerly, along said east line, to the easterly extension of the south line of Lot 13, said Auditor's Subdivision Number 57; thence westerly, along the north line of said z Lots 13 and 14, to the point of beginning and there terminating. ISM ttl ts� 46LOS VIEW— r te; LMs Of Lot* M And H, 44M SM 57_ r H am SAS Ely &L Of S Lin Of Lot 14 AM sm Na 57 1L.11 t- 1 11 \1 i-� 1 1 K 1 \1 1 1 1 1 \1 I L/ L_ L_ 1 1 t L_ 1 1 \I 1 I 1 �I \I r-% r-% 1 1 e% 1 I 11 L LI 1 1 i I I 1 I 1 1 1 1 1\ 1 tltt�°• 1 i Sheet 1 of 1 I 6sSEO SCHOOLS WILLOW LANE ADDITION a 's w GGG O� NORTH a s n 0 0; 0 3 E 5 a E I m iO 0 60 .120 al MhVIOU A i Ni L_J m r n 1 i I i J F� Isoliaevs dpkp,p,e, %%f a r SCALE IN FEET ARfil: 37,765%Sf or QB6X Ac I SW Con. Of Lot 14 19J50 AW. Stiff Na 57 I N Proposed Legal Description for Transfer of City Property to willow Lane School AssocIATE (February 17, 2005) Y That part of Lot 17, described as follows: S Beginning at the Northeast comer of Lot 12; thence North 4. to the Southwest comer of Lot 11; thence West 192.5 feet;- m thence South to the North line of Lot 12; thence East to the t 1 point of beginning, all in Auditor's Subdivision Number L 1 J Fifty -seven (57), Hennepin County, Minnesota Mir- Of Lot /Z Nn. NW Cor Of Lot IZ Co AW. SL@ Na 57 Together with: N A W. a r L 57- N Line of Lot 12 That part of Lot 12, Auditor's Subdivision Number 57, I according to the recorded plat thereof, Hennepin County, 1 Minnesota, described as follows: �1 I N89'5143 E 19252 9� =SW Con Of Lot rq r 1 AW. SEG. Na 57 Beginning at the north e Lot east comer of said 12; thence 7 0t^ Ave ^L'g N. southerly, along the east line of said L.ot 12, to the southwest comer of Lot 10, said Auditor's Subdivision Number 57; thence westerly, deflecting to the right 91 1L 60 I s n degrees 00 minutes 00 seconds, a distance of 192.52 feet; thence northerly, parallel with the out One of said Lot 12, i IL I to the north One of said Lot 12; thence easterly to the point 1 of beginning and there terminating. r p 1 11 \i 1 A 1 e% r\ IVI r1 1 \11 IF! I L� E7Gil 03-083 Sheet 1 of 1 AGREEMENT This Agreement is made this day of 2005 by and between the City of Brooklyn Center "the City and Independent School District No. 279 "ISD 279 both municipal corporations of the State of Minnesota. I. BACKGROUND 1.1. The City owns real property legally described on Exhibit One, which is made apart hereof, and which it operates and maintains as Willow Lane Park "Current City Property 1.2. ISD 279 owns real property legally described, on Exhibit Two, which is made a part hereof, and which it operates and maintains as Willow Lane Elementary School "Current School Property 1.3. ISD 279 wishes to divide and combine a number of parcels of land into three new lots to include Lot 1 (Willow Lane Park), Lot 2 (Willow Lane School), and Lot 3 (anew site for a joint tenant Adult Education and Service Center) as depicted and described on the site plan attached hereto as Exhibit Three, which is made a part hereof. References to Lot 1, Lot 2 and Lot 3 in this agreement shall refer to such lots as identified in Exhibit Three. 1.4. The City agrees to convey a portion of the Current City Property to ISD 279 to accommodate a retention pond south of the parking lot for the proposed adult education facility, such property being described on Exhibit Four. which is made a part hereof, in consideration of conveyance of a portion of the Current School Property to the City, such property being described on Exhibit Five, which is made a part hereof, and such other consideration as is described herein. 1.5. ISD 279 agrees to leave the joint school/park playground equipment unfenced. The joint school/park playground equipment is depicted on Exhibit Six, which is made a part hereof. It is mutually agreed that ISD 279 may undertake fencing of new playground areas, as long as the equipment is located exclusively on ISD 279 property. CLL- 256426vl 1 BR291 -10 1741776v2 S 1.6. ISD 279 agrees to allow the City to use the area designated in Exhibit Seven. and made a part hereof, for the purpose of a soccer field. To that end, ISD 279 agrees to purchase, and donate to the City, one (1) pair of regulation soccer goals, to be used at the discretion of the City. II. PLATTING, GOVERNMENTAL APPROVALS AND LAND TRANSFER 2.1. ISD 279, at its expense, will survey the Current City Property and the Current School Property and secure approval of the re- platting of the Subject Property as generally depicted and described on Exhibit Three. 2.2. The City will cooperate as necessary to effect such re- platting approval. However, ISD 279 understands and acknowledges that the City must consider approval of such re- platting in its governmental capacity and does not, and cannot, hereby obligate itself to approve such re- platting but will give full and fair consideration, following a public hearing, of all information bearing on the effect of such re- platting on the public health, safety and welfare. 2.3. If the City Council declines to approve re- platting of the Subject Property that is satisfactory to both parties, either party may terminate this Agreement by giving written notice to the other within 30 days of the final decision by the City Council on such application, and neither party will have any further obligation to the other under this Agreement. ISD 279 will submit the land transfers proposed in the Agreement to the Brooklyn Center Planning Commission in accordance with Minnesota Statutes, Section 462.356, Subd. 2 2.4. ISD 279 shall provide the City with an executed copy of an access easement for the proposed shared driveway access onto CSAH 152 prior to initiating site construction. ISD 279 shall file a request to vacate existing easements transecting Lot 3 prior to or concurrently with the final plat submittal. The vacation request shall include a legal description and survey map identifying the easements to be vacated. Additional easements as required by the City Engineer shall be provided on the final plat or in separate easement documents. CLL- 256426v1 2 BR291 -10 1741776v2 2.5. ISD 279 shall provide written documentation of any public sidewalk, streetscape or landscaping items along Brooklyn Boulevard that are located outside of the boundary of easement document nos. 3946720, 7339999 or 3281488 on file with Hennepin County. ISD 279 shall also provide written documentation of any portion of sidewalk along Perry Avenue North that is located outside of the boundary of easement document no. 4059130 (not included on the preliminary plat). 2.6. Site Development will include the installation of a shared driveway access from Lot 3 (as illustrated in Exhibit Three) onto County State Aid "Highway (CSAH) 152 and the elimination of the north driveway access for the adjacent apartment complex. Driveway access for said Lot 3 will not be allowed from 71 Avenue. Prior to approval of the final plat, the applicant must provide written confirmation from Hennepin County that the proposed shared access will be acceptable to Hennepin County in order to avoid the creation of a lot with no public street access. S 2.7. All governmental approvals and permits required for development of the Subject Property and improvements described herein shall be secured by ISD 279 at its expense. The storm water management pond shall be designed to adequately address all design requirements as established by the Shingle Creek Watershed Management commission and as deemed appropriate by the City Engineer. The applicant may submit a written request to the City to consider allowing minor modifications to these design standards due to safety concerns associated with the adjacent school facility. The proposed pond shall sufficiently control the total discharge rate from the site and storm water pond to avoid overloading the existing storm sewer system with Brooklyn Boulevard/CSAH 152. ISD 279 shall provide a copy of the storm sewer design calculations to the City for review and approval prior to requesting a building permit. The design calculations shall include the peak discharge rates from the pond for the 2 -year, 10 -year, and 100 -year critical storm events and greater detail as to how the proposed storm water improvements will comply with the above referenced design standards. The storm water management pond shall be constructed and maintained by ISD 279 at its expense. CLL- 256426vl 3 BR291 -10 1741776v2 2.8. ISD 279 shall enter into an agreement with the City of Brooklyn Center to provide for the maintenance and inspection of on -site utilities and storm water facilities prior to issuance of Building Permits. 2.9. ISD 279 shall file a final plat with Hennepin County and complete all necessary rezoning before the City will issue Building Permits for Lot 2 and Lot 3. 2.10. Transfer of Title 2.10.1. Within 30 days of execution of this Agreement, the City will provide to ISD 279 any available registered property abstracts or abstracts of title for the Current City Property, which ISD 279 will update at its own expense, and ISD 279 will provide to the City a current registered property abstract or abstract of title for the Current School Property. Each party will have 30 days to examine title and secure a commitment for title insurance covering the property it will receive. Transferors will have until the closing date to make title marketable. If title to either parcel being transferred cannot be made marketable, this Agreement may be terminated by the transferee and neither party will have any liability to the other. ISD 279 will pay, at closing, the City's cost of securing title insurance for the portion of property to be conveyed to the City. 2.10.2. ISD 279 will convey to the City title to Lot 1. The City will convey to ISD 279 title to portions of Current City Property within Lot 2. 2.10.3. Conveyance will be by quit claim deed conveying marketable title subject only to the following exceptions: a) building and zoning laws and ordinances, and state and federal regulations; b) reservation of minerals or mineral rights to the State of Minnesota; c) public utility and drainage easements of record that do not interfere with the intended use of the property by the transferee; and d) existing interests of the transferee. i CLL- 256426v1 4 BR291 -10 1741776v2 2.10.4. Each transferee will pay all special assessments against the property being transferred that are levied as of the date of closing. 2.10.5. Closing on the transfer of title will occur on 2005, at Brooklyn Center City Hall unless otherwise mutually agreed by both parties. 2.10.6. Each party will deliver at closing, in addition to a quit claim deed: a) a standard form of affidavit of seller; b) owner's duplicate of title or abstract of title; and c) such other documents as may be reasonably required by transferees' examiner or title insurance company. 2.10.7. Each party represents to the other that the property being transferred is exempt from ad valorem real estate taxes. 2.10.8. Each party and its agents shall have the right to enter upon the property that is to be transferred to it for the purpose of inspecting the property and conducting such environmental examinations and tests as the transferee deems necessary. Each transferee agrees to indemnify the transferor against any liens, claims, losses or damages occasioned by the transferee's exercise of its rights to enter and work upon the property. This Agreement is contingent on the results of such inspection and testing and either party may terminate this Agreement if, upon such examination and testing, it determines in its sole discretion the property to be transferred to it is not suitable for its intended purpose. Notice of such termination may be given any time prior to closing, after which this contingency is void. 2.10.9. Each property to be transferred will be transferred "as is" as of the date of closing, and neither party makes any representations to the other of the condition, suitability or fitness for purpose of the property being transferred other than those contained in this Agreement. 2.10.10. ISD 279 will be responsible for the following costs: recording fees and conservation fees for all instruments required to establish marketable title for both CLL- 256426v1 5 BR291 -10 174177Gv2 properties, recording fees, deed transfer fees and conservation fees required to be paid in connection with all the quit claim deeds, and the cost of the title commitment and any title insurance premium. Each party will be responsible for its own attorneys' fees and costs. 2.10.11. From and after the time of delivery of deeds on the date of closing, ownership of the transferred parcels will be transferred. However, occupancy and use of the transferred properties will be subject to the Joint Use Agreement, described in Section 3. L. 2.10.12. This agreement shall not supersede requirements and conditions of approval for the preliminary plat as set forth by the City Council at the City of Brooklyn Center on November 8, 2004. III. JOINT USE OF FACILITIES 3.1. Certain arts of the school constructed on the New School Site will be subject to a joint use p J J agreement, attached as Exhibit Eight and made apart hereof, which shall be executed and delivered by the parties at closing. IV. MISCELLANEOUS PROVISIONS 4.1. Indemnification and no waiver. ISD 279 agrees to indemnify the City, its officers, agents, and employees, from any and all claims, demands, or actions for injury or damages arising out of the acts, errors, or omissions of ISD 279, its officers, agents, or employees. The City agrees to indemnify ISD 279, its officers, agents, and employees, from any and all claims, demands, or actions for injury or damages arising out of the acts, errors, or omissions of the City, its officers, agents, or employees. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. CLLr256426v1 6 BR291 -10 1741776v2 4.2. Entire agreement. This agreement constitutes the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. 4.3. Amendments to be in writing. Any amendment to this agreement shall not be effective unless it shall be set forth in writing and executed by authorized representatives of both parties. 4.4. Termination. This agreement shall continue in effect until terminated in accordance with its terms or upon completion by each party of all of its obligations hereunder. The obligation of this Agreement shall survive closing. 4.5. Notices. Any notice, demand, request or other communication that may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid, and addressed as follows: If to ISD 279: 11200 93' Avenue North Maple Grove, MN 55369 Attn: Assistant Superintendent/Achninistration with a copy to Briggs and Morgan, P.A. 2200 IDS Center 80 South 8`" Street Minneapolis, MN 55402 Attn: James R. Steilen, Esq. If to City: City Manager, City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Park MN 55430 -2113 4.6. Mediation. In the event of a dispute as to interpretation or administration of this agreement, an attempt will be made to negotiate the dispute in a meeting between the City Manager of CLL- 256426v1 7 BR291 -10 174177Gv2 the City and the Superintendent of Schools of ISD 279. In the event these representatives are unable to resolve the dispute, the parties will make at least one attempt to resolve the dispute through mediation through the use of a neutral mediator who shall be selected jointly by the parties. In the event the parties are unable to agree on a neutral mediator, the Chief Judge of District Court of Hennepin County will be requested to select a mediator. The parties will meet at least once in mediation, and the costs of mediation shall be shared equally between the parties. In the event mediation is unsuccessful, either party may pursue its legal or equitable remedies by action in the District Court of Hennepin County, Minnesota. [remainder of page intentionally left blank; signature page follows] cLL- 256426vl 8 BR291 -10 1741776v2 S IN WITNESS WHEREOF, the parties by their authorized representatives have hereunto set their hands as of the date and year first above written. INDEPENDENT S L DISTRICT CITY OF BROOKLYN CENTER No. 2 By` T B t y FE 2 Its Mayor And By And By Its Its City Manager CLL- 256426v1 9 BR291 -10 1741776v2 EXHIBIT ONE [To Be Provided b City; To Be Confirmed b Title Commitment Y Y Y CLL- 256426v1 10 BR291 -10 1741776v2 EXHIBIT TWO Lots 2 B and 3, .lock 1, Center Brook Addition, Hennepin County, Minnesota. Torrens Property Torrens. Certificate No. 1046278 CLL- 256426v1 11 BR291 -10 1741776v2 EXHIBIT FOUR Legal Description of City Property to School g p p rtY That part of Lot 17, described as follows: Beginning at the Northeast corner of Lot 12; thence North to the Southwest corner of Lot 11; thence West 192.5 feet; thence South to the North line of Lot 12; thence East to the point of beginning, all in Auditor's Subdivision Number Fifty seven (57), Hennepin County, Minnesota. Together with: That part of Lot 12, Auditor's Subdivision Number 57, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Lot 12; thence southerly, along the east line of said Lot 12, to the southwest corner of Lot 10, said Auditor's Subdivision Number 57; thence westerly, deflecting to the right 91 degrees 00 minutes 00 seconds, a distance of 192.52 feet; thence northerly, parallel with the east line of said Lot 12, to the north line of said Lot 12; thence easterly to the point of beginning and there terminating. i CLL- 256426vl 13 BR291 -10 1741776v2 n EXHIBIT FIVE Legal Description of School Property to City g p p Y Y Those parts of Lots 12 and 17, Auditor's Subdivision Number 57, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of Lot 18, said Auditor's Subdivision Number 57; thence easterly, along the north line of said Lot 17, a distance of 320.00 feet; thence southerly, deflecting to the right 90 degrees 00 minutes 00 seconds, to the north line of Lot 14, said Auditor's Subdivision Number 57 and the point of beginning of the parcel to be described; thence northerly, along the last described line, a distance of 93.51 feet; thence easterly, deflecting to the right 90 degrees 03 minutes 56 seconds, to the east line of the west 16.50 feet of said Lot 12; thence southerly, along said east line, to the easterly extension of the south line of Lot 13, said Auditor's Subdivision Number 57; thence westerly, along the north line of said Lots 13 and 14, to the point of beginning and there terminating. CLL- 256426vl 14 BR291 -10 174177Gv2 EXHIBIT SIX See Attached Depiction of Joint School/Park Playground Equipment CLL- 256426v1 15 BR291 -10 1741776v2 EXHIBIT SEVEN See Attached Depiction of Soccer Field Area CLL- 256426vl 16 BR291 -10 1741776v2 i City Council Agenda Item No. 10d City of Brooklyn Center A Millennium Community MEMORANDUM DATE: February 23, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Authorizing an Agreement with Independent School District 279 for Joint Use of Land Attached for consideration is a City Council resolution authorizing an agreement with Independent School District 279 for the joint use of land within the Willow Lane School property adjacent to Willow Lane Park. The proposed joint use agreement is associated with the final plat application for Osseo Schools Willow Lane Addition and the proposed Adult Basic Education Facility near 71 Avenue and Brooklyn Boulevard. The agreement would establish the conditions for public use of certain shared space located at the Willow Lane School site. Shared facilities would include a practice soccer field to be located on school property to the north of the public skating area in Willow Lane Park, a play lot area located south of the existing school building and connecting trails located within the school property. The City Attorney has reviewed the agreement document. The current form of the agreement is missing two of the exhibits that are currently being completed by the surveyor for ISD 279. The attached resolution includes a condition that the exhibits are provided in a form that is acceptable to the City Attorney and City Engineer. 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.cityolbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING AN AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 279 FOR JOINT USE OF LAND WHEREAS, the City Council on November 8, 2004 reviewed a Preliminary Plat for OSSEO SCHOOLS WILLOW LANE ADDITION to divide and combine parcels of land located in the southwest quadrant of the intersection of 71" Avenue North and Brooklyn Boulevard (CSAH 152); and WHEREAS, Independent School District 279 has requested the exchange of certain land to be included with said plat; and WHEREAS, the City of Brooklyn Center has established a requirement for an agreement to provide for the joint use of certain property as a condition of the proposed land exchange; and WHEREAS, an agreement has been prepared that provides for the joint use of shared space within property owned by Independent School District 279. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager are hereby authorized to execute an agreement with Independent School District 297 to provide for the joint use of land, subject to the following conditions: 1. Independent School District 279 shall provide for the preparation of all necessary agreement exhibits by a licensed land surveyor. 2. Said exhibits shall be in a form satisfactory to the City Attorney and City Engineer. 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. A, JOINT USE AGREEMENT This Joint Use Agreement is made this day f 2005 b and Y Y between the City of Brooklyn Center and Independent School District No. 279, both Minnesota municipal corporations, pursuant to the authority of Minnesota Statutes, Section 471.59: Section 1. Defined Terms: For purposes of this Agreement, the following definitions shall apply: "Parties" shall mean Independent School District #279, and the City of Brooklyn Center. "City shall mean City of Brooklyn Center. "District shall mean Independent School District #279. "School" shall mean'the Willow Lane Elementary School. "School Days" shall mean all calendar days during the School Year during which school activities or exams are scheduled as approved as the School Year each year by the District, a copy of which will be delivered to the City promptly upon approval. "School Hours" shall mean those hours described in the Priority of Use chart between the start of school day and end of school day [as shown on Exhibit A.] "School Year" shall mean all calendar days during each of the District's then school years (inclusive of summer programming and/or other school sessions comprising a portion of such school years, if applicable), commencing as of the first day of each such school year and ending as of the -last day of each such school year. "Shared Snace" shall mean those areas, including play lot soccer field and connecting trails, located within the District property, all shown on Exhibit C to which the City is granted limited, non- exclusive rights of access and use for the purpose of conducting permitted activities of City, (as permitted in this Agreement). "Third Partv" shall mean any individual, person or entity, other than the District, or the City. "Terms and Conditions" shall mean all other terms and conditions of this Agreement that are contained elsewhere in the agreement. Section 2. Term of Agreement. Unless earlier terminated as otherwise provided in this Agreement, the initial term of this Agreement shall be fora period of approximately twenty -one (21) years CLL- 256427v l 1 BR291 -10 1741841v2 commencing on the date of this Agreement and ending on December 31, 2025. Upon the expiration of the initial term, this Agreement shall be automatically renewed for successive renewal terms of one (1) year each unless either party shall give notice to the other specifying that the Agreement shall not be renewed upon the expiration of the term in which such notice is given. Such notice of non renewal shall be given not less than three (3) months nor more than six (6) months prior to the expiration of the then applicable term. Section 3. License to Citv for Use of Shared School Snace. The District grants the City a non exclusive license, in common with the District, to use and occupy the Shared Space as permitted in this Agreement. Section 5. Terms and Conditions for Use of Shared Snace. The following terms and conditions shall govern the use of the Shared Space: Section 5.1 Priority of Use of Shared School Snace. Priority of Use of the Shared Space between the District and the City shall be determined and allocated as follows: a. Use of designated shared nark areas. At all times during school hours and for all school days during the School Year, the District shall have priority use of the designated shared space with reasonable consideration given to the conditions of the grounds. The City shall have scheduling priority over the District for use of the designated shared space at all other times. b. Use of Shared Snace by Third Parties. The City and the District shall at all times have scheduling priority over any Third Party for use of the Shared Space. C. Special Conditions. Special conditions that impact the School Year, School Days or School Hours, such as summer school, will require an adjustment in the Pri ority of Use and the Priority of Use Chart to accommodate the condition during the period of time the- condition is in effect. d. Conflicting Reauests. In the event of conflicting requests for use of any of the Shared Space, and unless otherwise agreed between the Parties, scheduling of such space shall be determined according to the applicable priorities of use as permitted in this Agreement. Section 6. Cleaning and Maintenance of Facilities. Section 6.1 Cleaning of Shared Space. The District shall be responsible for cleaning and maintenance of the Shared Space as necessary to maintain the Shared Space in a clean, safe and usable condition. CLL- 256427v1 2 BR291 -10 1741841v2 Section 7 Maintenance and Care. Section 7.1 General Maintenance of Shared S>,ace. The District shall be responsible for all maintenance to, and repairs of the facilities within the Shared Space. Section 7.2 Care of Grounds. The District shall provide normal maintenance of the exterior grounds within the Shared Space including the mowing of the lawn, trimming of trees and shrubs, raking of leaves, removing of litter and trash, and maintenance of the athletic field (including the costs of aerification, seeding, and fertilizing of the athletic fields) and play lots and plowing and removal of snow from the trails in a manner consistent with other similar facilities and grounds in the City's park system. Section 8. Pronertv Damal7e. Section 8.1 Dama2ebv District. If the Shared Space, or any part thereof, or any part of the improvements of which they form a part, are damaged or destroyed by the willful or negligent conduct of the District or its officers, employees, independent contractors, agents, or invitees, the District shall promptly repair such damage or replace such improvements so destroyed. Section 8.2 Damal?e by City. If the Shared Space or any part thereof, or any part of the improvements of which they form a part, are damaged or destroyed by the willful or negligent conduct of the City or its officers, employees, independent contractors, agents, or invitees, the City shall promptly repair such damage or replace such improvements so destroyed. Section 8.3 Damage by Other. In the event any of the Shared Space is damaged or destroyed by fire or other casualty, the District shall with reasonable diligence, repair such damage and restore the Shared Space to substantially the condition of the Shared Space immediately prior to such damage or destruction, subject to delays that may arise by reason of adjustment of loss under insurance policies and delays beyond the reasonable control of the District. Section 9. Breach of Agreement. Section 9.1. Resolution. In the event of any breach of any of the terms of this Agreement, the party alleging the breach shall provide written notice to the breaching party specifying the nature of the breach. If the breach is not remedied within thirty (30) days of the date of delivery of such notice, or if additional breaches of a materially similar nature occur within the thirty (30) day period following the date of delivery of said notice, the party alleging the breach may send the breaching party a second written notice setting forth the time, place and date of a meeting to discuss the breach, the time, CLL- 256427v i 3 BR291 -10 1741841v2 date and place for which shall in all respects be reasonable and shall specify a date not later than ten (10) days from the date of such written notice. The Superintendent for the District or his or her designee(s) and the City Manager or his or her designee(s) shall attend such meeting. Section 10 Notices Section 10.1 Notices. Any notice required or permitted to be sent hereunder shall be in writing and be distributed by courier delivery, facsimile transmission, or U.S. Mail to the following addresses, or to such other address as may be specified from time to time in writing by the District, or the City. Independent School District #279 Superintendent of Schools Independent School District No. 279 11200 93' Avenue North Maple Grove, MN 55369 Citv of Brooklyn Center City Manager City of Brooklyn Center 6301 Shingle Creek Parkway i Brooklyn Center, MN 55430 -2199 Section 11 Miscellaneous Provisions Section 11.1 Indemnification and No Waiver. ISD 279 agrees to indemnify the City, its officers, agents, and employees, from any and all claims, demands, or actions for injury or damages arising out of the acts, errors, or omissions of ISD 279, its officers, agents, or employees. The City agrees to indemnify ISD 279, its officers, agents, and employees, from any and all claims, demands, or actions for injury or damages arising out of the acts, errors, or omissions of the City, its officers, agents, or employees. Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. Section 11.2 Entire Agreement. This agreement constitutes the entire agreement between the parties and no other agreement prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Section 11.3 Amendments to be in Writing. Any amendment to this agreement shall not be effective unless it shall be set forth in writing and executed by authorized representatives of both parties. CLL- 256427v 1 4 BR291 -10 1741841v2 a Section 11.4 Termination. This agreement shall continue in effect until terminated in accordance with its terms or upon completion by each party of all of its obligations hereunder. Section 11.5 Mediation. In the event of a dispute as to interpretation or administration of this agreement, an attempt will be made to negotiate the dispute in a meeting between the City Manager of the City and the Superintendent of Schools of ISD 279. In the event these representatives are unable to resolve the dispute, the parties will make at least one attempt to resolve the dispute through mediation through the use of a neutral mediator who shall be selected jointly by the parties. In the event the parties are unable to agree on a neutral mediator, the Chief Judge of District Court of Hennepin County will be requested to select a mediator. The parties will meet at least once in mediation, and the costs of mediation shall be shared equally between the parties. In the event mediation is unsuccessful, either party may pursue its legal or equitable remedies by action in the District Court of Hennepin County, Minnesota. [remainder of page intentionally left blank; signature page follows] CLL- 256427v1 5 BR291 -10 1741841v2 i 6 IN WITNESS WHEREOF, the parties by their authorized representatives have hereunto set their hands as of the date and year first above written. INDEPENDENT S OL DISTRICT CITY OF BROOKLYN CENTER NO. 27 1 By FEB s57` S� Its Mayor By By Its Its City Manager i CLL- 256427v l 6 BR291 -10 174184lv2 EXHIBIT A Priority of Use Chart [To Be Provided by District] CLL- 256427vl 7 BR291 -10 174184lv2 City Council Agenda Item No. 10e Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 4 DATE: February 23, 2005 SUBJECT: Mayoral Appointments to Financial Commission and Northwest Hennepin Human Services Council Advisory Commission Financial Commission (two vacancies) The Financial Commission is composed of a chairperson and six members. There exists two vacancies on the commission. The expiration of both terms is December 31, 2007. Notice of vacancy on the Financial Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 from January 7, 2005, through February 11, 2005. Announcement was made in the January 13 and 20, 2005, editions of Brooklyn Center Sun -Post. Attached for City Council Members only are copies of the applications received: Robert Anderson 5525 Knox Avenue North Robert Paulson 7012 France Avenue North Mark Yelich 6018 Beard Avenue North Northwest Hennepin Human Services Council Advisory Commission (one vacancy) The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove, Osseo, Plymouth, Robbinsdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two -year terms by their respective City Council. Brooklyn Center appoints two members. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. One vacancy exists on the Advisory Commission with a term expiration of December 31, 2006. Notice of vacancy on the Northwest Hennepin Human Services Council Advisory Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 from January 7, 2005, through February 11, 2005. Announcement was made in the January 13 and 20, 2005, editions of Brooklyn Center Sun -Post. Attached for City Council Members only is a copy of the application received: Donna Allard 1217 63rd Lane North 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.cityolbrooklyncenter.org Memo to Michael J. McCauley Page 2 February 23, 2005 Mayoral Commission Appointments Information Relevant to Both Commissions 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 vacancies and requesting that they call the City Clerk if they are interested in applying for either commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. A letter was sent to the applicants notifying them that their application for appointment would be considered at the February 28, 2005, City Council meeting. As requested by the City Council, the City Advisory Commission Bylaws and City Council Resolution Establishing the Financial Commission Duties and Responsibilities are not included in the materials but can be found on the City's web site at www.citvofbrooklvncenter.ore and clicking on Mayor/ Council/ Commissions/ Charter, then Advisory Commissions. The membership roster is also available at this site. Other attachments include: 1) Memorandum from Mayor Kragness indicating her nomination. 2) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 3) Geographical distribution of current members and applicants. Recommended Council Action: Motion by Council to ratify the two Financial Commission nominations by Mayor Kragness with terms expiring December 31, 2007; and the Northwest Hennepin Human Services Council Advisory Commission nomination by Mayor Kragness with term expiring December 31, 2006. City ffice of the Mayor ty of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Kay Lasman Councilmember Diane Niesen Councilmember Mary O'Connor FROM: Myrna Kragness, Mayo DATE: February 23, 2005 SUBJECT: Financial Commission and Northwest Hennepin Human Services Council advisory Commission Appointments As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the following nomination: Financial Commission Robert Anderson 5525 Knox Avenue North Robert Paulson 7012 France Avenue North Northwest Hennepin Human Services Council Donna Allard 1217 63rd Lane North 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 City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; and 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members February 23, 2005 g Neighborhoodsp Current Members Robert ��dersc�� Southeast Mark Nemec �u avenue Nrirth 5538 Camden Avenue North Susan Shogren Smith 600 62nd Avenue North Northeast Earl Simons 7201 Knox Avenue North R.obe�rt Paulson Northwest 11r Al i't�ne�ei`�elnue West Central Timothy Elftmann 5301 Howe Lane Mark'e1ic► Central 6018B, ard AvEaue �To�rth Donn Escher 3107 65th Avenue North Southwest Two vacancies. City Council Agenda Item No. lOf City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: February 25, 2005 Re: Franchise Fee Electric and Natural Gas franchise fees were adopted in 2003 that became effective in 2004. These fees were adopted to replace General Fund transfers that were being used to provide one of the sources of funding for street reconstruction. In 2004, the City's Local Government Aid was reduced by $1.68 Million from the certified 2003 Local Government Aid {The City lost $1.18 Million of the 2003 certified Local Government Aid in 2003.1 It was estimated that the franchise fees would generate approximately $650,000. The franchise fees have been allocated for street reconstruction and have replaced the budgeted $480,000 General Fund transfer and previously programmed transfers of General Fund unexpended funds. In 2004, the City Council responded to the loss of $1.68 Million in Local Government Aid by a combination of General Fund budget reductions (including the elimination of 6 full -time positions), a levy increase $540,000 below the levy limit of 60% of the lost LGA, and the imposition of the franchise fee. Among the considerations in adopting a franchise fee were the certainty of the revenue stream, its dedication to street reconstruction, and the fact that it was imposed on all properties. The imposition of the franchise fee on all properties resulted in payments from tax exempt properties, as well as taxable properties. Residential properties would pay approximately '/2 the fees generated and commercial /institutional properties would pay the other I /2. This split would not be subject to changes at the State level in things such as tax capacity or property valuation. As indicated in the attached memorandum from Mr. Jordet, the franchise fee generated $612,078 in 2004. The effective date of the franchise ordinance resulted in less than a full 12 months of franchise fees. Adjusted for a full year of franchise fees, the annual total would have been around $666,000. The franchise fee is generating the amount of revenue that was estimated on an annual basis and is being used for the purpose intended. The City Council directed the preparation of this report as part of its adoption of a franchise fee. The changes in City financial resources have been an additional decrease of Local Government Aid in 2005 of $310,422 and a decreasing amount of MSA funds for streets. There is no expectation of restoration of the lost State funding in the short term and the potential for frozen revenues or levy limits. 0 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.cityolbrooklyncenter.org Memorandum Date: 23 February 2005 To: Michael McCauley City Manager From: Daniel Jordet Director of Fiscal Support Servi Re: Franchise Fees for 2004 Fiscal Year The 2004 fiscal year was the first year for collection of franchise fees from Xcel Energy and CenterPoint Energy. The City collected for 11 months of franchise fee in 2004. The franchise agreements were not in effect for January 2004 because of publication requirements following adoption of the ordinance agreements. Receipts for the year from each of the companies were as follows: Comnanv Date Received Xcel Energy 04/26/2004 68,891.82 1st Qtr. Xcel Energy 102 758.84 2nd 9Y tr. Q Xcel Energy 10/25/2004 102,199.20 3rd Qtr. Xcel Energy 01/28/2005 100,550.20 4th Qtr. Subtotal 374,400.06 2004 CenterPoint Energy 04/13/2004 43,492.49 1st Qtr. CenterPoint Energy 07/14/2004 65,293.62 2nd Qtr. CenterPoint Energy 10/15/2004 64,314.62 3rd Qtr. CenterPoint Energy 01/11/2004 64,577.95 4th Qtr. Subtotal 237,678.68 2004 TOTAL 612.078.74 2004 All dollars received from the franchise fees were recei P ted to the Street Reconstruction Fund for use in the reconstruction of city streets. AGENDA CITY COUNCIL\ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION February 28. 2005 Immediately Following Regular City Council Meeting at 7:00 P.M City Council Chambers 1. Council Member Lasman: Community Center Memberships, qualification for family /household memberships 2. Council Member Niesen: train blocking crossing on Azelia 3. Council Member Niesen: discussion of tax and aid statistics 4. Date of Fall City Council Retreat discussion 5. Discussion of Prosecution Services schedule of requests for proposals 6. Review of Draft City Watch article on Council Retreat 7. Review of Carl Neu's Draft Council Retreat Report S. Miscellaneous 9. Adj ourn S o 01 �aS WorK SPSS s tthrn; t#zd� by C�u/wil r�rr�er La sna,n- Household or Family for Memberships at Community Center? Rationale for possible change: 1. Persons in a "partnership" -such as the gentleman who wrote to us earlier and the person I met who inquired about this, at the legislative meeting on Jan. 16, in the Cohen Room do not presently qualify. 2. Children who are under the legal guardianship of the homeowners but not adopted (such as Debra Hilstrom's "son do not presently qualify. 3. Persons who permanently live in the household but are not do not have a parent /child relationship (such as a senator I know, who has "grandchildren" and their father who live with the senator and her family), do not presently qualify. 4. Children whose permanent residence is their parent's home and are over 20, but are still in college fulltime (such as my children), do not presently qualify. Precedent: Schools require all persons living in a household to record their income when applying for free or reduced lunches -all incomes are combined for a total of the household /family income when figuring out whether the family/household qualifies for free or reduced lunches. Ordinance 12 -803 states that "One family per dwelling unit. Not more than one family, except for temporary guests, shall occupy a dwelling unit. Ordinance 12 -201 7 defines family in this way: "Family -any of the following definitions shall apply: 1. a person or persons related by blood, marriage, or adoption, together with his hers, or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; 2. Group or foster care of not more than 6 wards or clients by an authorized person or persons, not related by blood, marriage, or adoption, together with his hers or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate agency; 3. a group of not more than 5 persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. (See red lettering for possible changes in the ordinance, while we are visiting it). I submit that if we are going to define the family in this way for the housing ordinance, that we should have the same definition for "family" in our requirements for the Family Memberships at the Community Center, and to not do that is to be inconsistent with our definitions and policy. If this is the case, persons in a "partnership" relationship by definition, are already a "family" and should be allowed to have a family membership, and all of the other examples listed should also be allowed the full benefits of a family membership. City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members rmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: February 25, 2005 Re: Work Session Annotated Agenda Agenda Item: 1. Council Member Lasman: Community Center Memberships, qualification for family /household memberships Enclosed is a copy of the opinion from Kenned Graven regarding domestic partner memberships. The City Council last looked at this issue at the July 12. 2004 Work Session, when Council consensus was to make no changes in current practice. A copy of the minutes from July 12, 2004 and June 14, 2004 are enclosed, along with the correspondence received at that time from a resident and the results of a check with the League of Minnesota Cities on practices in other cities. 2. Council Member Niesen: train blocking crossing on Azelia a. Council Member Niesen requested a work session item regarding a train blocking the crossing at Azelia/France on Thursday, February 17t for more than 10 minutes i. Staff has contacted CP Rail regarding the reasons the track was blocked and have not been able to connect with someone having knowledge yet. ii. Mr. LeFevere provided information regarding Minnesota Statutes which provide: Minnesota Statutes, Section 219.383, subdivisions, 3 and 4 limit the time a train can block an intersection: Subd. 3. Not to block public road or street. No railway corporation shall permit a public road or street crossing a railroad track to be closed for traffic by a standing car, train, engine, or other railroad equipment, or by a switching movement which continuously blocks a crossing for longer than ten minutes. This subdivision does not apply 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.cityolbrooklyncenter.org to cities of the first class which regulate obstruction of streets by ordinance. Subd. 4. Penalty. A railway corporation violating this section is guilty of a petty misdemeanor. A corporation that commits a second or subsequent violation of this section is guilty of a misdemeanor. 3. Council Member Niesen: discussion of tax and aid statistics a. Council Member Niesen requested a work session agenda item to discuss the tax and aid materials that were sent with the February 11 City Council Update. A copy of the memorandum and its attachments are enclosed. 4. Date of Fall City Council Retreat discussion Mr. Neu would be available: August 15, 16, 17, 18, 19, or 20 August 22, 23, 24, 25, 26, or 27 September 12, 13, or 14 September 26, 27, 28, 29, 30, or October 1 October 3, 4, 5, 6, 7, or 8 October 17, 18, 19, 20, 21, or 22. Council Member Niesen provided an e -mail with dates that she was available, ranked in order of preference: Thursday Aug 25 Tuesday Aug 23 Wednesday Aug 24 Monday Aug 22 Friday Aug 26 5. Discussion of Prosecution Services schedule of requests for proposals a. Attached is a copy of the memorandum regarding the 4 year request for proposal cycle for prosecution services. 6. Review of Draft City Watch article on Council Retreat a. Attached is a draft article 7. Review of Carl Neu's Draft Council Retreat Report a. Attached is a copy of Mr. Neu's Draft Council Retreat Report for Council review prior to placement on a regular agenda for approval. 8. Miscellaneous 9. Adjourn r Milana P. Tolins 4 70 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 612 337 -9248 telephone (612) 33 7-93 10 fax mtolins @kennedy- gmven.com CHARTERED MEMORANDUM TO: City of Brooklyn Center DATE: June 10, 2004 RE: Community swimming pool membership fee You have asked for a legal opinion regarding City of Brooklyn Center's authority to extend its community swimming pool family membership rates to "domestic partners." The City is correct in that the State of Minnesota currently does not include same -sex unions in the legal definition of marriage or family. See Lilly v. City of Minneapolis, 527 N.W.2d 107, 112 (Minn. App. 1995) (the law in Minnesota is very clear that marriage must be between a man and a woman). The City of Minneapolis was precluded from extending family health benefits to domestic partners of the city employees. The court concluded that the City of Minneapolis lacked the power to legislate locally what appears to be an area of statewide concern. The court's analysis was based on the provisions of a state statute authorizing municipalities to provide health benefits to its employees. Minn. Stat. 471.61. Because the statutory definition of dependents did not include "domestic partners" and because Minneapolis derived its authority to provide health benefits from that statute, Minneapolis lacked power to engraft an exception to grant benefits to persons not listed as "dependents." Cities derive their authority to operate recreational facilities (including swimming pools) from section 471.15 of the Minnesota Statutes. The statute is silent with respect to fees associated with the use of these facilities. Thus, the authority to charge for the use of swimming pools must come from the cities' general powers to charge for services. It appears that the state law does not restrict the method or amount of fees that cities can charge for the use of city -owned recreational facilities. In that respect, Brooklyn Center is free to establish the fee categories and amounts for the use of its swimming pool, as long as the fees remain non- discriminatory. At the same time, Brooklyn Center may not create categories that conflict with state law. In that respect, the definition of "family" may not extend to "domestic partners' as it would be contrary to Minnesota law with respect to legal definition of "family' or "marriage." MPT- 249170vl BR291 -4 Based on the above considerations, it appears that the state law does not preclude Brooklyn Center from creating a "domestic partner" fee category for the use of its swimming pool. As long as this category is distinct from the "family membership" definition, it would not override Minnesota law as it relates to legally recognized marital unit. MPT- 2491700 BR291 -4 Councilmember Niesen informed that she would like to know the amount of property taxes that Brookdale Ford currently pays and would like to have a report prepared on the risks that would be YP y involved. REPORT ON OTHER COMMUNITY SURVEYS REGARDING GAY, LESBIAN, BI- SEXUAL, TRANSGENDER FAMILY MEMBERSHIPS Council discussed the report received and were in consensus that the memberships will be continue in the same fashion with no changes at this time. MISCELLANEOUS Councilmember Niesen informed that she would like to have the Council process on a Regular City Council agenda to discuss the matter of process and restate the order that is be followed. She expressed concern with the process not following Roberts Rules and the fact the there was no parliamentarian that stepped in during the last meeting. Mayor Kragness suggested that this be a topic at the next Council Retreat. Councilmember Niesen questioned if there will be more trees planted along France Avenue. Mr. McCauley informed that he believes that the landscaping that was proposed for the project is complete. Councilmember Niesen questioned if the City is responsible for the watering the sod at the apartments on 53` Avenue. Mr. McCauley informed that the watering is the responsibility of the apartment owners. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the Work Session at 9:26 p.m. Motion passed unanimously. City Clerk Mayor 0 7/12/04 -2- Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk �1� /w►'� DATE: July 1, 2004 SUBJECT: Domestic Partners and Family Memberships to Community Centers Attached is a printout of the e -mail I sent to the LMC (League of Minnesota Cities) clerk/admirnistrators listsery to survey regarding domestic partners and memberships to community /activity centers. The survey prompted several phone calls from metro City Clerks inquiring if I had received any responses from other cities, but none of the cities surveyed responded that they offer such memberships or indicated that their city had discussed this issue. LMC Research Information Services Manager Jeanneatte Bach indicated that she does not have information regarding this issue in the League's research files either. Attachment 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.cityof'brooklyncenter.org Sharon Knutson Domestic Partners and Famil Membershi s to Community Centers e Pa 1 1 Y P =a9.. From: Sharon Knutson To: "Clerk Administrators" clerk- admins @listserv.lmnc.org> Date: 6/17/04 12:03PM Subject: Domestic Partners and Family Memberships to Community Centers The Brooklyn Center City Council has received a request to allow the "family membership" at the City's Community Center to include domestic partners. The residents' basis is that they are not allowed to get married to fulfill the requirement to receive the family membership, but they consider themselves married /family. Does any other city have memberships to City community/activity centers for domestic partners /same sex couples? Our City Attorney's legal opinion is that the City can create a "domestic partner" fee category, but it cannot allow the "family membership" to extend to domestic partners as it would be contrary to Minnesota law with respect to the legal definition of "family" or "marriage Thank you. Sharon Knutson City Clerk City of Brooklyn Center (763) 569 -3306 (763) 569 -3494 fax sknutson@ci.brooklyn-center.mn.us MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL WORK SESSION JUNE 14, 2004 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Work Session and was called to order by Mayor Myrna Kragness at 8:20 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum. Councilmember Peppe left the meeting at 9:06 p.m. CORRESPONDENCE REGARDING FAMILY MEMBERSHIPS AT COMMUNITY CENTER REQUESTING FAMILY MEMBERSHIPS FOR GAY, LESBIANS, AND OTHERS Mayor Kragness discussed the letter she received requesting family memberships for gay, lesbians, and others. She expressed that she believes this is something that will need to be addressed in the near future. City Manager Michael McCauley discussed that he had the City Attorney prepare a legal opinion regarding this request and outlined the response received from Mr. LeFevere. He informed that if the Council wanted to discount a membership for this reason it would be a policy issue and that could be undertaken. Councilmember Lasman expressed that she believes the best way to handle this issue would be to abide by State Law. Councilmember Peppe agreed with Councilmember Lasman and expressed that he believes the City needs to follow State guidelines. Councilmember Niesen questioned if cities other than the City of Minneapolis are changing their policy. Mayor Kragness discussed that she believes Minneapolis is the first and that this issue will be coming before many cities in the future. 06/14/04 1 Councilmember Niesen questioned if the League of Minnesota Cities (LMC) would have any input regarding this issue. The Council indicated it would like the LMC contacted to see what other cities have done. Councilmember Lasman suggested that if the Council were to consider new rules for memberships she would suggest appropriate changes for members of families with children until the age of 25 or out of school. DISCUSSION OF COMMISSION APPOINTMENT PROCESS Councilmember Niesen inquired if the Mayor had interviews with applicants when they are applying for a commission. Mayor Kragness informed that she usually contacts the Commission Chairs and discusses the applications with them and then does a phone interview with the applicant. Councilmember Carmody expressed that she would like to see the application option of offering seats on other Commissions stay. She believes that people may like the change if they are not offered the commission originally applying for. Council continued the discussion regarding the application process. Councilmember Carmody suggested that the Mayor make notes after a phone interview and provide those notes to the Council for review. Mayor Kragness stated that she would be willing to do that. DISCUSSION OF COUNCIL COMMUNICATION WITH CITY STAFF Councilmember Niesen outlined information provided in an article from the International City /County Management Association (ICMA) with regards to communication with the City Manager and expressed that she would like to use common sense when communicating with City staff. Mr. McCauley discussed that the reason the best practice of having the Council contact him for everything is that staff are not always comfortable communicating with the Council and that there is judgment in terms of information to be considered. He suggested the Council continue contacting him unless the issues they are using services individually such as building permits, Community Center memberships, and water bills. Councilmember Peppe left the meeting at 9:06 p.m. TOBACCO FREE ZONES IN PARKS DURING ORGANIZED YOUTH ACTIVITIES Council discussed the request received r h ark and Recreation Commission regarding tobacco edf from the g g free zones in parks during organized youth activities. Mr. McCauley informed that the program would provide signs for smoke free zones during organized youth activities, but compliance would be voluntary. It was the consensus of the Council to approve this request. 06/14/04 -2- Steve A. Landis Kenneth C. Evers Jr. 7118 Grimes Avenue North Brooklyn Center, MN 55429 (763) 503 -7899 Iandcomm @comcast.net Mayor Myrna Kragness 3401 63rd Avenue North Brooklyn Center, MN 55429 Monday, May 24, 2004 Encl. (a) Letter dated Monday, April 19, 2004 Mayor Kragness, I am now in my third month of communicating with the city of Brooklyn Center's Community Center regarding its membership policy, which I would very much like to have a hand in amending. Specificaily, our community does not recognize domestic partners for the purpose of "family memberships" at the Community Center or for any other purpose that I am aware of. I have enclosed a copy of the most recent communication with the Community Center, dated and mailed April 19,2004, for which I have received no response. A review will show that I am ready, willing and able to work from a position of understanding and simply want to advance the rights and recognition of an important and growing segment of the micro- society we call Brooklyn Center. Today, as I looked more closely at. the Brooklyn Center web site I was encouraged to find the 2004 City Council Goals which include: Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: Emphasizing opportunities to include all residents in the community's activities and plans I was further encouraged to read a Cultural Diversity statement which states: "...the Brooklyn Center City Council has identified as one of its goals the need to build a community that is welcoming and inclusive of all people..." As a community our doctrine clearly emphasizes opportunities for all residents and it would seem we want to welcome and include all people. This cannot simply be window dressing that meets standards Kennedy Graven, Chartered have signed off on as minimum acceptable policy. Rather, the city should function to the very letter of its stated goal by recognizing all people to include but not be limited to gay, lesbian, bisexual and transgender residents. Whether recognized at a state level or not, we are homeowners, tax payers, parents and domestic partners, every bit as committed to our families, homes and community as our married neighbors. While this effort began with a goal to gain family membership for Kenny, our future child and myself at the same rate charged "traditional" familie i s, I truly believe this small endeavor every bit as important for our community as were the efforts resulting in the recognition of same -sex marriage in Massachusetts. In a supposedly free society such as ours, we cannot pick and choose whom we extend equality to. While I certainly recognize the need for Brooklyn Center to control membership and avoid loss as a result of deceptive membership practice, this control should not extend its influence over the rights, needs and civic pleasures afforded my family and household. Thank you so much for your time and consideration, Mayor Kragness. If there is any additional information or assistance I can provide which might make the process of recognizing domestic partners and the GLBT residents of our community easier, by all means call upon me. I very much look forward to continued dialogue. Cordially, Y Steve A. Landis 1 Steve A. Landis Kenneth C. Evers Jr. 7118 Crimes Avenue North Brooklyn Center, MN 55429 (763) 503 -7899 landcomm @comcast.net Parks and Recreation Department Community Center 6301 Shingle Creek Parkway Copy Brooklyn Center, MN 55430 April 19, 2004 Community Center: In late March I contacted the Community Center in an effort to identify what consideration might be given to extending family membership status to my life partner, Kenneth C. Evers Jr. and me. I was informed that the city of Brooklyn Center recognizes fainily as governed by the state of Minnesota's definition of marriage. In short, this means my family is neither recognized as nor eligible for any benefit extended to other Brooklyn Center families, which include a traditional husband and wife. Although I failed to note the name of the gentleman who so kindly called me, I recognized then as I do now that the city has a fiduciary responsibility to protect itself against those who might conspire to deceive the city by falsifying familial relationship. While I respect city leadership for its guardianship, it is my hope that this restrictive covenant can be addressed through meaningful dialogue so that we as a community begin to recognize legitimate family relationships, which transcend state guidelines. These relationships include but are by no means limited to gay, lesbian, bisexual and transgender residents of Brooklyn Center. I would like to cite Chapter 142 of the Minneapolis Code of Ordinances, which states in part: "Domestic partners are two (2) adults who: (1) Are not related by blood closer than permitted under marriage laws of the state; (2) Are not marred or related by marriage; (3) Are competent to enter into a contract; (4) Have no other domestic partner with whom the household is shared, or with whom the adult person has another domestic partner; (5) Are jointly responsible to each other for the necessities of life; (6) Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities." I cite this ordinance because Minneapolis formally recognizes the significant contribution domestic partners make to one another and to their community. While Kenny and I do reside in Brooklyn Center, I work in the city of Minneapolis, where we are registered and recognized as Domestic Partners. As such, there is a signed document stating that we meet the guidelines cited above. Specific to the process outlined by this ordnance (and I quote again): "The partners fill out an application and send it to the City Clerk's office with a $20.00 check. The City Clerk mails a certificate of registration to the partners after the form is received." Beyond the signed, official declaration of domestic partnership filed with Minneapolis, it is not difficult to prove commitment on our part to one another or even to the city of Brooklyn Center. I will, however, note that for the purpose of proof, I am only able to cite fiscal rather than ethical obligation which might be more closely tied to a traditional marriage. This proof includes but may not be limited to: 1. The signed contract for purchase of one 2000 Saturn LS. This contract remains in effect today and proves a long -term relationship was established and continues some four years from origination. 2. The signed contract for purchase of one home located at 7118 Grimes Ave. North in Brooklyn Center, MEN 55429 (763) 503 -7899. A property information search conducted via wwA will show that for the purpose of tax, the property is listed in my name however, this is done through necessity since neither our state nor our country recognize domestic partnership for the purpose of jointly filed taxes. You will find, as evidenced by the aforementioned domestic partnership agreement and the contractual obligations cited above, that Kenneth Charles Evers, Jr. does share in the benefit of and responsibility for payment of the mortgage, taxes and continued maintenance of 7118 Grimes Avenue North. In the absence of a certificate recognizing marriage between we two citizens, there is no additional technical or theoretical means by which we could be more tied, be it financially, ethically, or contractually. The only familial similarity we do not currently share with other traditional families is that we currently have no children. I am happy to report however that since the state of Minnesota supports the adoption of children by same -sex couples, we have started that process which will bring us one step closer to being the traditional family. It is my hope that our child will not be restricted from use of the Brooklyn Center Community Center because his or her parents do not meet the definition of an outdated and regressive statute that fails to recognize us as either parents or a family. Rather, it places an additional financial burden on us in that we are currently required to purchase membership as individuals rather than as a family unit. The next step, in my opinion, is to identify what we as citizens can do to coordinate with the Community Center and City of Brooklyn Center to recognize domestic partners in a way which allows us to enjoy some of the benefits our marred neighbors do now. These benefits include, but are not necessarily limited to, family membership status at the Community Center. I will close by saying we are deli to be residents of Brooklyn Center. As our neighbors will tell you, we take great pride in our home and have. in less than one year improved the property greatly. The personal and actual value of the property and home has increased and continues to do so each day as we landscape, repair and improve this old house at 7118 Grimes Avenue North. We very much look forward to any feedback or dialogue the city is willing to offer reo this matter. Thank you for your time and consideration. warding Cordially, Steve A. Landis Kenneth C. Evers, Jr. i i 3 City of Brooklyn Center A Millennium Community Steve Landis/Kenneth Evers 7118 Grimes Avenue N. Brooklyn Center, MN 55429 Dear Mr. Landis, Mr. Evers Thank you for your recent letter regarding the Community Center's current membership policies. I appreciate the obvious research, thought and effort that went into composing your letter. As you indicated, the current definition of a "family as it relates to our Community Center membership, follows the current State of Minnesota statutes defining marriage. As this is our State's only legally recognized union, we thought it a logical and defensible starting point for our definition. In your letter, you refer to the City of Minneapolis' Domestic Partners Program and other instances of "commitment" that you request be considered when considering a definition of family. While I recognize the time, resources, effort and sacrifice that is necessary in any committed relationship, the issue of a legally recognized'union remains. While I respect your request that the City consider revising our definition to include other types of relationships that, in your words, "transcend state guidelines." The resultant balancing of fair and equitable treatment of many different types of relationships, and the on -going protection of the public interest would be made infinitely more difficult. As a result, at this time, I am unable to extend to you our family rates. However, upon close examination, I think that you will find that, even with two separate individual memberships, our rates compare favorably to the family rates at most other fitness establishments. Thank you for the opportunity to further explain our family membership definitions and rationale. If you have questions, or would like additional information, please feel free to contact me at (763) 569 -3407. Sincerely, r ,,t lasoe D mmunity Activities, Recreation and Services cc: Michael McCauley, City Manager 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 (76.3) 569 -3494 www.cityo/brooklyncenter.org City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members ody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: February 11, 2005 Re: Spending and levy Increases Council Member Carmody requested an outline of information related to the growth in City levies over the last ten years. Council Member Carmody wanted to be able to reference what the City did relative to increasing levies in response to the changes in individual residential properties which have seen large increases that are not proportional to actual increases in City levies. The impact of the changes in class rates for commercial and rental properties is difficult to quantify, since limited market value for residential properties is also a factor as it is phased out it increases real estate taxes for residential properties. The following table shows the change from 1995 to 2005 for all levies and the franchise fee: Total General Fund HRA EDA Debt (street) 1995 2005 Change Average General Fund Budget $11,457,923 $13,391,078 EDA levy $140,592 HRA levy $136,974 $251,295 Street Bonds $72,116 $191,649 Franchise Fee $625,000 $11,807,605 $14,459,022 22.46% 2.25% Total from above with voter approved Police Fire Bonds Police Fire Bonds $759,074 $11,807,605 $15,218,096 28.88% 2.89% The attached spreadsheet provides annual detail for the operating levies (without police fire or street bond levies). 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.cityolbrooklyncenter.org Operating R& 1 1 1 1995 1 1996 1 1997 1 1998 1 1999 1 2000 1 2001 1 2002 1 2003 1 2004 1 2005 Property Tax Levy $6,166,149 $6,055,627 $6,192,121 $6,332,314 $6,514,597 $6,702,315 $7,001,904 $9,205,545 $9,098,231 $9,497,064 $10,117,000 HRA $122,340 $123,336 $124,927 $129,467 $138,656 $148,951 $154,835 $197,313 $213,562 $232,395 $251,295 EDA $140,592 $177,220 $179,124 $183,113 $194,898 $208,495 $216,731 $0 $0 $0 $6,429,081 $6,356,183 $6,496,172 $6,644,894 $6,848,151 $7,059,761 $7,373,470 $9,402,858 $9,311,793 $9,729,459 $10,368,295 Increase: -1.13% 2.20% 2.29% 3.06% 3.09% 4.44% 27.52% -0.97% 4.49% 7 yr. 46.26% Tyr. avg. 6.61% 7yrinc. $3,039,396 1 1995 1 1996 1 1997 1 1998 1 1999 1 2000 1 2001 1 2002 1 2003 1 2004 1 2005 Intergovernmental Revenue $170,000 $186,100 $221,111 $248,570 $241,398 $212,986 $251,469 $184,765 $188,460 $158,265 $264,365 PERA Aid $0 $0 $0 $34,365 $34,365 $34,365 $0 $0 $0 $0 HACA $1,300,110 $1,272,972 $1,308,130 $1,308,130 $1,307,465 $1,379,768 $1,380,106 $0 $0 $0 LGA $1,799,076 $1,864,946 $1,922,164 $2,012,749 $2,069,744 $2,122,635 $2,179,744 $2,265,267 $2,321,899 $877,555 $542,522 Low Income Housing Aid $56,892 $87,739 $87.739 $87,739 $0 Police Pension Aid $210.440 $216.000 $220.000 _$245,000 $23 6.535 _$260.931 _$250,000 $250.000_$250,000 $250,000 $255,000 $3,479,626 $3,540,018 $3,671,405 $3,848,814 $3,889,507 $4,067,577 $4,149,058 $2,787,771 $2,848,098 $1,285,820 Increase: 1.74% 3.71% 4.83% 1.06% 4.58% 2.00% 32.81% 2.16% 54.85% Syr. 63.05% 8yr. avg. -7.88% 8yr. inc. ($2,193,806) State Aids Operating Levies (doesn't include 1 1998 1999 1 2000 201 1 lud_e Police Fire Bonds _WW8,101 01 5661,57765x505187 Iy0.629 $12,159,891 S 20 TT6T5 .433iJ;182 Increase: -0.13% 2.74% 3.21% 2.32% 3.63% 3.55% 5.80% -0.25% -9.41% 3.77% 10 Year Average 1.52% Cummulativt 15.35% 1 1996 1 1997 1 1998 1 1949 1 2000 1 2001 1 2002 1 2003 1 2004 Brooklyn Cei -0.13% 2.74% 3.21% 2.32% 3.63% 3.55% 5.80% -0.25% -9.41% State of MN 5.70% 5.50% 5.20 6.90% 7.50% 4.50% 10.70% 4.00% 9.80% State &City General Funds State Aid Operating Levy Compared on Annualized Basis 9.50% i s.00% 15.00% 8.50% 10.00% 5.00% t 3.50% j 5.00% 2.00% 0.00% Brooklyn Center 0.50% State of MN -1.00% 2.50% 5.00 /a 4.00% 10.00% 5.50Y° 7.00% 45.00% -8.50% 1996 1998 2000 2002 2004 10.00% 4 1997 1999 2001 2003 1996 1997 1998 1999 2000 2001 2002 2003 2004 I Property Taxation 101 Page 6 Table A: Sample Property Class Rates Property Class Taxes Local Taxes Local Taxes State Tax Payable Payable 1997 Payable 2003 Payable 2004 2003/04 Residential Homestead: <$76,000' No state tax $76,000-$500,000 1.0% 1.0% 1.0% 2.0 1.0 1.0 >$500,000 2.0 1.25 1.25 Residential Non homestead: Single unit: <$76,0001 2.3 1.0 1.0 No state tax $76,000 $500,000 2.3 1.0 1.0 >$500,000 2.3 1.25 1.25 2 -3 unit buildings 2.3 1.25 1.25 Market -rate Apartments: 13.4 11.5 1 1.25 I No state tax Commercial /Industrial: <$100,000 3.0 1.5 1.5 1.5 $100,000 $150,000 4.6 1.5 1.5 1.5 >$150,000 4.6 2.0 2.0 2.0 Seasonal Recreational Residential: $$76,001 $76,000 4500,000 1.75 1.0 1.0 0.4 >$500,000 2.5 1.0 1.0 1.0 2.5 1.25 1.25 1.25 First tier limit was $72,000 for 1997, $76,000 for 2000, and $500,000 for 2002 2 First tier limit was $100,000 for 1997, $150,000 thereafter Updated: 7 /23/04 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: February 10, 2005 Re: Prosecution Services Prosecutions services were set on a 4 year schedule for review. Prosecution services would be up for review for the 2006 -2009 period. The City Council determined not to seek requests for proposals for the 2002 -2005 period. At that time, the City Council did not feel that it would seriously entertain changing law firms for prosecution services. The rates for criminal prosecution are generally competitive amongst law firms and the City Council was very satisfied with the services provided by Carson Clelland. Police and Community Development were, and continue to be, very satisfied with the services provided. The matter is on the agenda for Council direction on whether the Council wishes to request proposals for prosecution services for the period 2006 2009. 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 To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: February 23, 2005 Re: Draft City Watch Article on Council Retreat Each year, the City Council sets aside Ito 2 days to engage in the development and review of goals for the City. In late 2004, the City Council adopted 4 goals for 2005. On February 5 the City Council met in a retreat to review its goals for 2005 and to participate in discussions on how to best achieve those goals as a City Council, working together for the betterment of Brooklyn Center. At the February 5 th retreat, the City Council continued its emphasis on redevelopment. The Council's primary goal in 2005 2006 is expressed in Goal No. 1: Goal No. 1 Create a new Brooklyn Center "Downtown" blueprint. (opportunity Site Brooklyn Center's Central Business District.) The City Council reviewed the steps taken on this goal, which include: 1. Hiring a group headed by Damon Farber Associates to development a planning framework and design standards for redevelopment in the area north of Bass Lake Road between Highway 100 and Shingle Creek Parkway and south of I -694. 2. Appointing a Citizen Task Force to assist in the development of a planning framework and design standards. 3. Authorizing the acquisition of the Northbrook/Asian American Shopping Center at 57 Logan. 4. Scheduling public meetings to seek input regarding the development of the planning framework and design standards NIAAII 0 COMPANY February 7, 2005 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mike: Attached is the draft of the Summary of Key Observations and Conclusions Made by the Participants during the City Council Leadership Workshop conducted on February 5. Please let me or my executive assistant, Sharon Wallin, 303 235 -0823 or Sharon. cr,executivesupnortservi.ces.net know what changes you would like to have made before duplicating and distributing this report to the city council The three areas of most importance that emerged during this workshop were: Reaffirmation of the city council's goals for the year 2005 while publicly acknowledging council's recognition of the importance of Brookdale and Northbrook. Reexamination of the City Manager Evaluation Form and Process with proposed changes that might be made to both. An opportunity for the council members to enter into a comprehensive dialogue about their working relationships and means for improving council meeting effectiveness. This particular item led to many suggestions shared by the participants for improving the teamwork, communications, and working rapport amongst them. Specifics about their discussions are not included in this report since the conversation was meant to be informal and open ended letting all the participants speak freely about their observations and recommendations pertaining to council member working relationships and meeting effectiveness. Personally, I think the four people who participated Mr. Michael McCauley City Manager Page 2 February 7, 2005 did an extraordinary job in sharing their observations and feelings and proposing recommendations and solutions for improving relationships and meeting performance. As soon as a date is proposed for the Fall workshop, please let me know council's desires as to time and whether it will be a full day or an afternoon/evening workshop. Again, I want to thank you for this opportunity to work with you, the Assistant City Manager, and the entire Council. It is always a pleasure to work with the council and management team of Brooklyn Center. Sincerely, Caw Carl H. Neu, Jr. CHN /sw Enclosure NIAAII 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP WORKSHOP Conducted on February 5, 2005 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. February 7, 2005 Neu and Company and the Center for the Future of Local Governance TM 2005 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL LEADERSHIP WORKSHOP Conducted on February 5, 2005 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS Submitted by Carl H. Neu, Jr. February 7, 2005 I. INTRODUCTION On February 5, 2005, the mayor, council members, city manager and assistant city manager of Brooklyn Center conducted a City Council Leadership Workshop. A copy of the objectives and agenda for this workshop are included in this report as Appendix A. H. SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS MADE BY THE PARTICIPANTS. A. Identification of the "Big Things" the Council must focus on during 2005. As an opening discussion, the participants were asked to identify the "five big things" that council must focus its attention on during the year 2005. The objective here was to provide all members of the council and the city manager and assistant city manager an opportunity to discuss their respective observations about what should be priority issues to be addressed during this year. The following items were presented by the participants: 1. City Center /Opportunity site 2. Brookdale 3. Elimination of vacant store fronts and decline 4. Neighborhood streets, curb and gutter program 2 5. Crime prevention reduction 6. Funding of community services 7. Northbrook Center 8. Brookdale Boulevard 9. Community diversity issues 10. High taxes 11. Appropriate use of eminent domain, especially with regard to redevelopment activities 12. "Government too big" what should city government be doing? 13. Joslyn pollution 14. Intergovernmental relations 15. Demographics of the community consistent with what we are trying to achieve 16. Residency requirements for employment in the city 17. Dispatch conversion 18. Enterprise funds After discussion the artici ants identified the following "big p p g g as having the highest priority for the year 2005: City Center/ Opportunity Y APP Y site Brookdale Northbrook Center Funding of community services Dispatch conversion. 3 B. Reexamination of the City Council Goals for the Year 2005. After completing the exercise /discussion above, the participants then reviewed the City Council Goals that were adopted for the year 2005. A copy of these goals is contained in this report as Appendix B. The following change was made: 1. Elimination of item (4) Focus 2004 under Goal No. 2. The reason for this elimination is that these action steps identified for 2004 have been completed. No other changes were made to the goals that have been adopted for 2005. It was concluded by the participants, however, that while the council has reaffirmed the goals it adopted for 2005, it should be stated that Northbrook and Brookdale are areas of continuing emphasis and priority for the city council because of their importance to the community and its economic vitality. C. City Manager Evaluation Process The participants reviewed the current City Manager Evaluation Form used by the council. A copy of this form is included in this report as Appendix C. The following observations or recommendations were made relative to proposed changes to the City Manager Evaluation Form and City Manager Evaluation Process. 1. Proposed changes to the City Manager Evaluation Form: City council members should review the current City Manager Evaluation Form and submit their proposed modifications to the form for discussion at a scheduled work session. It was suggested that a "1 through 5 rating system" be used for each item evaluated in the form. For example, the current form has five categories of topics that are reviewed. Within each of these categories are additional items or subsets pertaining to the city manager's performance. The rating scale would be used for each item or subset. The proposed rating scale might look something like what appears below: 4 Item Being Rated Rating: 1 2 3 4 5 Did Not Needs Met Exceeded Greatly Achieve Improvement Expectations Expectations Exceeded Expectations Comments: City Council at the scheduled work session would approve the changes in terms of format, content, and rating scales to be used in the City Manager Evaluation Form. 2. Proposed changes to the City Manager Evaluation Process The council members identified the following proposed steps to be used for the conduct of the City Manager Evaluation`Process: City manager provides a report on accomplishments to the council and notes any significant shifts or changes in goals and priorities may have occurred which need to be taken into consideration when evaluating his performance. City council members provide their individual evaluations to the city attorney. City attorney prepares a consolidated report. City council reviews and approves the report that the mayor will then take to the city manager. The city manager then responds to the report given to him by the mayor reflecting a summary of the council's conclusions. City council makes any appropriate changes or revisions to the report based on city manager feedback. Mayor makes public statement, as required, pertaining to the manager's evaluation. 3. Timing of the Evaluation: 5 The participants noted that the evaluation should be conducted at the end of the year, especially when changes in council membership occur as a result of elections. This will ensure that the council members evaluating the manager were the ones who served on council during the evaluation period. D. Discussion of Council Teamwork and Performance Four council members, during the afternoon of the workshop, conducted a comprehensive discussion about working relationships among the members of city council and the effectiveness of the council's meetings. 1. Observation about city council working relationships and meeting effectiveness What is Frustrating Me/Us What is Going Well? (Council Members)? No real issues that are Lengthy discussions before creating divisiveness within council comes to consensus the council Congenial discussions Apparent disconnect that occurs sometimes between the city council and the city manager, especially in dialogues attempting to clarify issues and increase understanding. Increased respect being People don't speak up shown by council members (sometimes it is difficult to for each other hear what people are saying) Good handouts and staff Some members talk too long work in preparation for the meetings Council is better at Amount of detail sometimes focusing goals and issues "loses" individuals Council has adjusted to the Nature of some of the issues budget (some council members may not agree with the issue or the approach the council is taking in dealing with it) 6 Lack of "in depth" analysis and information Parliamentary procedures used during the course of the meetings Length of discussions and debates Individuals, on occasion, appear to be taking some issues personally Mayor not appropriately "limiting debate" in a productive manner. 2. Self Assessment Once the perceptions listed above were identified, each council member completed the brief self assessment contained in Appendix D to this report. Council members then shared their respective self assessments with the other participants and solicited feedback and further observations about how others would have rated them relative to the five items contained in the self assessment. The discussion stimulated by the self assessment led to a comprehensive sharing of observations and ideas about how council members could work more effectively with each other, improve overall council performance, and improve the productivity of council meetings. 3. Ten things team members can do to increase teamwork and performance. The council members then explored the ten items listed in Appendix E to this report. Particular emphasis was given to the four items that were noted with an asterisk. E. Suggested Topics and Date for the Fall City Council Leadership Workshop. 1. Suggested date for the workshop: 7 It was concluded that the workshop should be conducted sometime between August 22 and September 7. The workshop can be a full day workshop or one that starts in the afternoon and extends into the evening. Council members at the next work session will select a date for the Fall workshop. 2. Suggested items for the Fall workshop agenda: Review of the City Manager Evaluation Form and Process to be used to evaluate the manager's performance for the year 2005. A dialogue between the manager and the council relative to the council's and manager's expectations of each other and ways in which they can mutually support each other in the achievement of their responsibilities and duties. The purpose here is to strengthen the already productive relationship and ensure that the council and manager have an opportunity to discuss fully their working relationship and ways in which they can mutually support each other in this relationship. Identifying issues that the city council should be tracking on a continuous basis and establishing effective systems or means for tracking these issues. 8 I APPENDIX A City of Brooklyn Center, Minnesota City Council Leadership Workshop February 5, 2005 8:30 a.m. 5:00 p.m. L Objectives: Upon completion of this workshop, the participants will have: a. identified and discussed the 5 most important topics the council members feel they must address to improve city council leadership performance, teamwork and productivity /effectiveness as a governing body b. assessed factors essential to: 0 achieving and sustaining superior council performance their collective and individual contributions to the team's success C. identified the `Big Things" council must focus on during 2005, the outcomes it desires, and how to set and stay the course necessary to achieve those outcomes d. reviewed how council and manager wish to evaluate their respective and each others' performance within the council- manager /staff partnership e. discussed/updated councils' adopted goals for 2005 f. assessed, and identified approaches to, improving procedures, processes, and policies relating to council meetings and decision making g. defined a date and list of proposed topics for the Fall Council Workshops. 2. Agenda: 8:30 a.m. Introductions and Overview of the workshop objectives and agenda. 10 8:45 a.m. Council Focus: the "Big Things" for 2005 10:00 a.m. Review and updating of council's adopted goals for 2005 11:00 a.m. Evaluating council, council member and city manager performance. 12:00 Noon Lunch 12:45 p.m. The "5 most important topics" we want to address for improving city council leadership performance, teamwork and productivity /effectiveness. 2:00 p.m. Council and council member success factors. 3:15 p.m. Broadcasting of "Other City Council Meetings" on Cable Access System. 3:45 p.m. Review of, and suggested improvements to, council operating procedures, processes and policies. 4:30 p.m. Planning for the Fall Council Workshop. 5:00 ourn .m. Adjourn J Pre workshop Reading Assignment: Achieving and Sustaining Superior Council Performance 11 APPENDIX B City Council Goals for the Year 2005. Goal No. 1: Create a new Brooklyn Center "Downtown" blueprint. (Opportunity Site Brooklyn Center's Central Business District) (1) Issue: Defining and building the future "Downtown" of Brooklyn Center. (2) Long -term outcome: creation of an exciting and successful "mixed -use" Downtown for Brooklyn Center. (3) Benefits: a new image and exciting experience for our community's benefit and future expanded commercial tax base attracting new businesses and supporting current businesses new excitement about Brooklyn Center and its Downtown area utilization of a prime location "greening" of Brooklyn Center creating a whole new image for the City attracting new residents to the community. (4) Focus— 2005: Establish a well- defined process for receiving public input and participation and defining the key components and parameters desired for the area. (Meetings, Charettes, etc.) Define key components and parameters desired for the future development of the area. Solicitation of proposals from development communities. Revise of the City's Comprehensive Plan and related Zoning Ordinances. 13 Amend the current funding (T.I.F. Tax District 3) mechanism. Issue bonds. Acquire property. Goal No. 2. Continue funding of community services. (1) Issue: City's ability to sustain its current service levels and quality given current funding situations and declines in LGA funds from the State. (2) Long -Term Outcome: The long -term outcome will be determined by which choices the City makes pertaining to funding of City services. The following four approaches need to be taken: Defining options which might include levy increases, reducing costs, a mix of both. Prioritizing city services so that available funding can be directed to high- priority services. Selecting the option or options the city wishes to pursue relative to revenue generation and funding of city services. Implementing that option and adjusting city service levels accordingly. (3) Benefits: Establishing realistic expectations among the citizens about what services the city can provide given current funding realities and options. Prioritizing services so that if service cuts are required as a result of funding decreases, available funding will go to the higher- priority services. 14 Seek means of increasing revenues. (4) Focus 2004: Council meeting with City Finance Commission to establish levy for 2005. Council adopting mil levy increase for 2005. (5) Focus 2005: Definition of projected equipment needs and unfunded future costs anticipated in each of the City's departments. Support legislative change in LGA formula (work with AMM and legislative representatives). Develop council consensus on service funding priorities. Communicate with the community that the council is working strongly on building a stronger future for the City through concentrating its efforts on the Opportunity Site and the benefits that can ensure from it for the entire community. Goal No. 3: Sustain Code Enforcement, Crime Prevention, and Traffic Enforcement Efforts. Goal No. 4: Continue the Street Reconstruction Program. Important Note: Goals 1 and 2 become the "super ordinate goals" that will be absorbing most of the council's leadership and the municipal staff's management capacity during 2005. Goals 3 and 4 are reflective of the council's commitment to sustain the efforts these goals addressed because of their extreme importance to the community. 15 APPENDIX C 2003 FORM CITY MANAGER EVALUATION FORM L City Council Goals for 2003 Responsibility: The City Manager should implement those goals that can be accomplished through staff provide support and information to facilitate City Council achievement of its goals Overall Evaluation of Work on pity Council Goals Overall, has the City Manager worked to implement and facilitate adopted City Council goals? Yes Partially No Comments: 2. Administrative Support for City Council: Responsibility Maintain effective communication, both verbal and written with Council Maintains availability to Council, either personally or through designated subordinates Systematic reporting to Council of current matters involving City government Materials presented to Council are clear, concise and understandable Has the City Manager provided -the City Council with background and other information to allow the Council to make informed decisions as described above? Yes Partially No Comments: 17 2003 FORM Has the City Manager assisted the City Council in clarifying complex issues and understanding administrative, legal and procedural requirements? Yes Partially No Comments: 3. Chief Administrative Officer duties: Has the City Manager provided administrative oversight and direction in the following areas: City Fiscal affairs (budget, expenditures) Plans and organizes preparation of an annual budget with documentation that conforms to the direction received from the City Council Supervises the utilization of human and fiscal resources within the budgetary plan Financial reporting is timely and understandable City operations Services are delivered in a timely and effective manner (ie. snowplowing, police and fine response, park intenance, recreation) Citizen issues are responded to appropriately and in timely fashion Issues affecting service delivery are anticipated and dealt with effectively City projects Annual street project is undertaken in organized and effective manner City Enterprise operations Water, sewer, and storm sewer funds are financially stable and services delivered in effective and efficient manner Golf and Liquor funds are operated in a manner that results in meeting financial targets so that they are self sufficient and meet Council. goals for operation such as minimum of $75,000 transfer fro iquor Fund 2003 FORM Earle Brown Heritage Center is operated as community asset, while meeting operational self sufficiency from its own revenues Yes Partially No Comments: 4. Intergovernmental Relations: Has the City Manager: been sufficiently active in participating in municipal organizations to which the City belongs had a relationship with other cities that is beneficial to the City of Brooklyn Center been effective in communicating or representing Council positions to other governmental bodies worked cooperatively with other organizations where beneficial to the City of Brooklyn Center Yes Partially No Comments: 5. OVERALL EVALUATION OF PERFORMANCE: Overall, City Manager's efforts to implement and facilitate 2000 Council goals has been: Ey,cellent Good Satisfactory Poor Comments: 19 2003 FORK! Overall, City Managers administrative support of City Council has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's discharge of administrative duties in fiscal affairs, operations, projects, and enterprises has been: Excellent Good Satisfactory Poor Comments: Overall, City Manager's efforts in intergovernmental matters have been: Excellent Good Satisfactory Poor Comm., ents: 20 APPENDIX D i f BROOKLYN CENTER SELF ASSESSMENT How would you rate your ability to collaborate with others? 4 consistently 3 often 2 sometimes 1 never 1. I request help from others, council members and the city manager, and give them assistance in return. 2. 1 pitch in with my fellow council members to make decisions and get things done in an effective manner. 3. 1 focus on other people's welfare as much as on my own. 4. 1 keep others, especially my fellow council members and the city manager, informed about what I'm doing if it affects them. 5. 1 am patient in group situations or meetings, even if it takes time to sort things out. 3 22 Appendix E s Ten Things Team Players Do 1. Pitch In and Assist Others 2. Reach Out to Quiet or New Teammates or Co- Workers *3. Encourage Teammates Who Are In Conflict to Talk Through Their Differences 4. Share Credit You receive for a Job Well Done a *5. Suggest Team Building and q Problem Solving Techniques q You May Know a �I 0 24 *6. Check to See How Your Decisions and Actions Might Affect Others 7. nc ude Everyone in the nformation Loop When Appropriate 8. Seek nformation and Expertise of Others 9. Communicate Your Own Activity so That t s Pub ic Know edge *10. nform Others What They Can a Do to Support Your Efforts a and Ask Them to Te You What a You Can Do to Support Their a and The Team's Efforts. a a�Jaaaa�� 25