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Home My WebLink About2005 06-13 CCP Regular Session Public Copy AGENDA CITY COUNCIL STUDY SESSION June 13, 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 i I I �I C TM Living fully after 50. June 3, 2005 City of Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 Attn: Mayor Myrna Kragness Council Members RE: Ecumen Dear Mayor Kragness Council Members: I know that you receive a great deal of information from constituents and others. I don't want to unnecessarily add to the pile, but wanted to more formally introduce Ecumen to you and familiarize you with the type of organization we are and the services we hope to provide to the older adults of your community. Ecumen is in the process of acquiring four senior housing facilities owned by one single owner, one of, which is located in Brooklyn Center. The current owners live on the West Coast and are selling the properties in an effort to settle down and retire. The facility located in Brooklyn Center is known as the Prairie Lodge at Earle Brown Farm. It is a 104 unit Assisted Living Facility, which has been providing housing and services to older adults for the last ten years. We are looking forward to the opportunity to own and manage all of the facilities and to provide the highest quality housing and services to the older adults of your community. Ecumen is the largest non profit provider of older -adult services in the state of Minnesota and is ranked 5 nationally. The name Ecumen comes from the word Ecumenical, which in turn is derived from the root Greek word for house or home: "Oikos." The name connects directly to our promise of creating "Home "for older adults wherever they choose to live and our mission of building communities of compassion and support to enrich the lives of older adults and others we serve. 3530 Lexington Avenue North, Shoreview, MN 55126 1 Ph: 651.766.4300 1 Toll -free: 800.221.1507 1 Fax: 651.766.4310 www.ecumen.org Page Two June 3, 2005 Ecumen was founded in 1865 with a mission to care for homeless children in Red Wing, and is one of the earliest Lutheran social ministries in the state. Over the last one hundred forty years, Ecumen has been providing health and residential services across the upper Midwest and operates a broad spectrum of long -term care and housing facilities in more than 100 communities striving to provide health and community services where the greatest needs exist. Ecumen has maintained a rich tradition of developing strong partnerships with the leaders of each of the communities we serve in, and we hope to have the opportunity to develop lasting relationships with each of you. An open invitation is extended to each of you to tour the facility and to learn more about our efforts to enhance the lives of the residents at the Prairie Lodge. Please feel free to give me a call if I can answer any questions for you about the enclosed materials or our organization. We look forward to meeting you in the very near future. Sincerely, Dana Woll lager Director of Real Estate Development 651- 766 -4346 www.ecumen.ora C V I i TM Living fully after 50. Ecumen Development Management Services A Partnership for Success Our Promise: We create "Home "for older adults wherever they choose to live. E CUET� Living fully after 50. Our Mission: Called by God to walk in the love of Christ, Ecumen builds communities of compassion and support to enrich the lives of older adults and others we serve. Our Promise: We Create "Home" for Older Adults Wherever They Choose to Live. Our Core Beliefs: Through faith, love and compassion we: Create family- centered communities celebrating the dignity and integrity of each individual. Foster and atmosphere through caring customer service to touch the hearts and lives of all we serve. Practice wise stewardship of resources. Build upon the diverse cultures and faith traditions in our communities. Encourage continuing innovation and professional competence. ECVYIAENI Living fully after 50. x L Who We Are Ecumen is the largest non profit provider of older -adult services in the state of Minnesota and is ranked 5th in the nation. The name Ecumen comes from the word Ecumenical, which in turn is derived from the root Greek word for house or home: "Oikos." The name connects directly to our promise of creating "Home "for older adults wherever they choose to live and our mission of building communities of compassion F and support to enrich the lives of older adults and others we serve. Ecumen was founded in 1865 with a mission to care for homeless children in Red Wing, and is one of the earliest Lutheran social ministries in the state. Over the last one hundred forty years, Ecumen has been providing health and residential services across the area. Ecumen operates a broad spectrum of long -term care and housing facilities primarily in rural communities and strives to provide health and community services where the greatest needs exist. EcvMEN" Living fully after 50. Our Commitment to our Employees Ecumen is a team dedicated to service and to each other. We t have 4,000 members who serve the residents, their family members, and other clients. n Just as we work extremely hard at serving the people who rel p p Y s� on our care and services, we also work hard at ensuring r r Ecumen is a place were people y f 4Vh want to share their time and talent At Ecumen we are proud of our culture and our collective commitment to ensuring that we p, are a place at which people want to work. �1 E C V T•�t E ?�1' Living fully after 50. Our Commitment to our Residents By delivering on our promise to "create home for older adults wherever Est r w they choose to live we achieve our mission of building communities g ities of c�ndidyle f compassion and support to enrich the lives of others we serve. WM QAM In proud of the fact We are pro A x,� F that we have met and contin to exceed our y r customer's expectations. ar;✓ x F 3. 3'r y d More than 98% of the IZ h residents and family t members surveyed gog stated that the y would tett recommend an Ecumen facility to a family member or friend to live at. ECUMEN' Living fully after 50. 4 Z Our Commitment to Community At Ecumen we know that the local community is critical to the success of your organization. g When a campus becomes a member of the Ecumen family, we recognize that each one of the residences that we work with has built strong community relationships and have local name recognition. Thus, Ecumen supports a "decentralized branding strategy", taking a back seat, if you will, to your organization's more important local name recognition. In other words, each local facility continues to maintain its strong local identity while enjoying the benefits of being a partner of a larger organization. ECVI -AEN' Living fully after 50. z, k` Our Commitment to Excellence Y At Ecumen, we're proud of the successful relationships that have resulted in successful outcomes. The following are a few of our success stories: Good Shepherd Sauk Rapids, MN Bayshore Duluth, MN Sunrise Home Two Harbors, Colonial Manor Balaton, MN Madison Lutheran Home Madison, MN 9 St. Mark's Apartments Austin, MN Lakeview Commons Maplewood, MN 9 Arlington Place Iowa A ECI.IT�tEN" Living fully after 50. Facts Figures Number of Employees: Over 4,000 Number of Volunteers: Over 10 Number of Long -Term Care Facilities: 22 Number of Senior Housing Facilities: 55 Owned and Managed Facilities in 3 States: Minnesota, Iowa, and Wisconsin a Number of adult day programs: '8 Number of home care agencies: 5 Home Office Business Entities: 3 Home Office Staff 70 ECVMEN' Living fully after 50. Project Development Services Ecumen provides a full service approach to development incorporating our best practices, proven systems and most successful designs to provide our customers with housing and services that meets the needs of the community as well as the individuals served. (f 9 Turn Key Development Market Analysis 9. Site Analysis Comprehensive Planning Product Positioning Project Planning including developing City support, complete site zoning and approval process. Project Financial Feasibility Studies. 9 Finalize Financial Packages Establish Operating Proforma. 9- Selection and Coordination of Architectural and Interior Design Services. 9- Contractor Selection, Pre construction Coordination, Construction Monitoring and Budget Management. 9- Performance Marketing including a result oriented comprehensive marketing plan and successful pre -lease results. ECII�tEN" Living fully after 50. "Home" Office Support Housing Management Consultant including comprehensive operations management support. Financial Management Individual Board/Owner /Investor Reporting Ongoing Staff Training Fund Development Assistance IS /IT Support Human Resources Health Safety, Risk Management Employee Benefit Program Assistance Property Liability Insurance Programs Living fully after 50. Operations Support An expert in the field of housing will be assigned to each facility. This person will be the Housing Manager's immediate supervisor and day -to -day support person. Services may include the following: Housing Manager hiring supervision Staff Recruitment, Retention and Resource Training 9 Housing Development Resources t', T Public Relations Marketing t 9- Budget Development Group Purchasing Legal Consult HIPPA/Corporate Compliance 10. Statewide Management Training Meetings including networking with peers, ongoing training on rules, regulations and industry changes. P- Staffing Performance Analysis Reports including: Finance Variance, Cost Per Day, Productive Hours, Quality Indicators 1� ECV1 Living fully after 50. Financial Management Support A specific Staff Accountant will be assigned to each facility. x This person will be the Housing Manager's contact person for issues related to the financial management of their facility. Services may include the following: Monthly Financial Cash Management Statements 9- Investment Management 9 Audits Preparedness Bank Account Management Assistance 9- Statistical Re ports y 9- Accounts Payable p 9- Procurement Card System P- Accounts Receivable 9- Home Care Billing g Pa roll including: Bond, Debt Management Y g Bi- Weekly 9° Reimbursement Assistance Processing,Tax Deposits, including: Medicaid, Reports, Vendor Medicare, Third Party Payment Report County Contracts. Preparation 9- Budget Preparation Assistance and Review ECV� Living fully after 50. i t I HR Employee Benefits Support Development Review Personnel Policy Handbook Is Development Review HR Procedure Manual Continually Monitor HR Law Regulations Develop Facilitate on -going Training to develop competencies of staff and management. SP- Complete HR Assessments Audits 9- Provide "911" Help -Line Assistance and Outreach HRIS System Management Manage Self Insured Benefit Programs Develop Review New Existing Programs 9- Analyze Program Cost Utilization 9- Annual Employee Meetings and training including Benefit Enrollment and education 9- Section 125 Plan Administration 9- Monitor Evaluate Funding Levels COBRA Administration 9- Benefit Consulting Services ECVMEN'" Living fully after 50. Property Liability Insurance Programs Manage DBIA Insurance Agency -g g Y Assess Property Package, coverage values, limits and deductibles 9 Maintain current informational database Acquire and market for competitive pricing Health Safety Risk Management ko- Monitor Manage Self- Insured Worker's Compensation Plan 9- Build a Loss Control Program and Expertise throughout the Organization 9- Maintain OSHA Compliance 9- Facilitate Training Programs including: AWAIR, Lock- out/Tag -out, Safety, etc. 9- Provide a leadership role for occupational safety and health throughout the Ecumen system. EC EN' Living fully after 50. ITAS Support Services 12 Hours /year of phone VNC IT/IS Support provided to the site manager. (On -site visits and technical support are at an additional cost) 0- Phone VNC Installation Assistance 90 Software Phone VNC Maintenance �P* Webnet Service including: Groupwise e-mail, Dawson Financial Systems, HR Payroll Forms, Management Reports Tools. C Consulting Services Fund Development Support Services Foundation Cash Management 9- Capital Campaign Plan Development Assistance` 9- Fund Raising Plan Development Training ECV�tEN"" Living fully after 50. LONDON i /dam L a k es h ore C Minnes i I i low Grand Village Enhance Lounge Grand Rapids, Minnesota i I a .I Y t �1 i• Jam(.. j y .e P 60 M E M O r ip Boardman Meadows Independent Living New Richmond, Wisconsin R 1111 ,h Clarkfield Lobby Clarkfield, Minnesota i A 7 Bayshore Day Room Duluth, Minnesota x Ecumen Real Life Experience Real Life Solutions A Pfor Success CCV1 Living fully after 50. Al 4 l ip �,j j r 50. �,O t Z fllJ SITE LIST Living fully after 50. �0 44 P OUR PROMISE: We create "Home" for older adults wherever they choose to live. WELCOME TO ECUMEN. Our name derives from the word Ecumenical, which in turn is derived from the root Greek word for house or home: "oikos." By delivering on our promise to create "Home" for older adults wherever they choose to live, we achieve our mission of building communities of compassion and support to enrich the lives of older adults and others we serve. We invite you to visit or contact the places that our residents and we call home. We look forward to the opportunity of serving you. Thank you for your interest in Ecumen. 3530 Lexington Avenue North, Shoreview, MN 55126 1 Ph: 651.766.4300 I Toll-free: 800.221.1507 www.ecumen.org SENIOR HOUSING Augustana Apartments Country Neighbors' Home, Inc. 308 South Mill, PO Box 673 113 1st St. SW MINNESOTA Fergus Falls, MN 56537 New Richland, MN 56072 Bethel Manor 218- 739 -9506 507- 463 -3565 NJ 91 o Ash St. Alexandria, MN 56308 Cardinal Homes Heritage Manor a 320- 763 -7200 308 South Mill, PO Box 673 PO Box 188 Q Fergus Falls, MN 56537 New York Mills, MN 56567 Bethel Manor 11 218- 739 -9506 218 385 -2545 906 Ash St. Alexandria, MN 56308 Manor House Uptown Maple Commons 320 763 -7200 722 Pokegama Ave. 38799 7th Ave. Grand Rapids, MN 55644 North Branch, MN 55056 Winona Shores 218- 326 -3469 651- 277 -7700 1010 Lark Street Alexandria, MN 56308 Woodland Homes Realife Cooperative of Owatonna 320 -76 Alexandria, 650 SE 13th St. 235 22nd. St. SE Grand Rapids, MN 55744 Owatonna, MN 55060 Lakeview Senior Housing 218- 327 -1936 507- 455 -3735 651 US Hwy. 14 East The Oaks The Brooks on St. Paul Balaton, MN 56115 945 Century Ave. SW 2480 St. Paul Rd. 507- 734 -6828 Hutchinson, MN 55350 Owatonna, MN 55060 Highland Manor 320 234 -9791 507- 446 -5855 4616 102nd St. Country Neighbors' Home, Inc. Heritage Manor Bloomington, MN 55437 511 W. Blue Earth 602 Fair Ave. 952- 893 -9078 Lake Crystal, MN 56055 Park Rapids, MN 56470 507- 726 -6537 218 237 -7275 Meadow Woods 1301 E. 100th St. Country Neighbors' Home, Inc. Park Villa Bloomington, MN 55425 175 E. Derrynane St. 607 W. 7th St. 952 888 -1010 Le Center, MN 56057 Park Rapids, MN 56470 507- 357 -4104 218 237 -7275 Old Shakopee North Condominiums 9600 Portland Ave. Emmaus Place Riverfront Manor Bloomington, MN 55420 200 N. Holcombe Ave. 215 East Mill Avenue 952- 884 -0290 Litchfield, MN 55355 Pelican Rapids, MN 56572 320 693 -2430 218- 863 -1133 Margaret's House 28210 Old Towne Rd. Gloria Dei Manor Lilac Parkway Apartments Chisago City, MN 55013 218 N. Holcombe Ave. 4223 Cty. Rd. 81 651- 257 -9377 Litchfield, MN 55355 Robbinsdale, MN 55422 320 693 -2430 763 -535 -5396 Parmly Lakeview Apartments 10600 282nd St. Sibley Manor East Good Shepherd Apartments Chisago City, MN 55013 708 Mound Ave. 1211 4th Ave. N. 651- 257 -0581 Mankato, MN 56001 Sauk Rapids, MN 56379 507- 345 -4576 320 252 -7344 Point Pleasant Heights Sibley Manor West Shepherd Court Apts. 28600 Fairway Ln. Chisago City, MN 55013 718 Mound Ave. 330 13th St. N. 651- 257 -4035 Mankato, MN 56001 Sauk Rapids, MN 56379 507- 345 -4576 320 252 -6459 Vindauga View Country Neighbors' Home Inc. Shepherd Oak Apartments 10910 282nd St. PO Box 365 310 13th St. N. Chisago City, MN 55013 Mapleton, MN 56065 Sauk Rapids, MN 56379 651- 257 -7333 507 -524 -4990 320 252 -8725 Lamplighter Manor Lakeview Commons Shepherd Oak West Apts. 1425 Madison Ave. 1200 N. Lakewood Dr. 220 13th St. N. Detroit Lakes, MN 56501 Maplewood, MN 55119 Sauk Rapids, MN 56379 218- 847 -7768 651- 770 -1111 320 259 -3494 North Shore Townhomes Signe Burckhardt Manor The Wilds of Sand Prairie 1415 Madison Ave. 2533 1st Ave. S. 700 Knight St. Detroit Lakes, MN 56501 Minneapolis, MN 55404 St. Peter, MN 56082 218 847 -4486 612- 872 -7009 507- 931 -4375 Lakeland Shores Apartments Brookside Manor Sunrise on Superior 4500 Cambridge St. 804 Benson Rd. 409 13th Ave. Duluth, MN 55804 Montevideo, MN 56265 Two Harbors, MN 55616 218 525 -3468 320 269 -6506 218- 834 -0849 Realife Cooperative of Waseca Emmanuel Nursing Home Twin City Linnea Home 1212 3rd St. NE 1415 Madison Ave. 2040 W. Como Ave. Waseca, MN 56093 Detroit Lakes, MN 56501 St. Paul, MN 55108 507 835 -5872 218 847 -4486 651 646 -2544 Willow Wood Apartments Bayshore Health Center 3441 Willow Ave. 1601 St. Louis Avenue Sunrise Home White Bear Lake, MN 55110 Duluth, MN 55802 402 13th Ave. 651- 748 -0084 218- 727 -8651 Two Harbors, MN 55616 218 834 -8374 Winona Arms, Inc. Lakeshore 150 Pleasant Hill Dr. 4002 London Rd. COMMUNITY SERVICES Winona, MN 55987 Duluth, MN 55804 507- 452 -1383 218 -525 -1951 Martin Luther Manor Adult Day Program The Meadows of Worthington Grand Village Nursing Home 9801 Penn Ave. S. 1801 College Way 923 Hale Lake Pointe Bloomington, MN 55431 Worthington, MN 56187 Grand Rapids, MN 55744 952- 888 -5405 507- 372 -7838 218- 322 -4600 IOWA Colonial Manor Nursing Home Clarkfield Home Care Arlington Place 403 Colonial Avenue 805 5th St. 95D Avenue Lakefield, MN 56150 Clarkfield, MN 56223 Grundy Center, IA 50638 507- 662 -6646 320 669 -7561 319 824 -5674 Sunnyside Care Center Emmanuel Community Services Arlington Place 16561 US Hwy. 10 1415 Madison Ave. 1101 3rd Street SW Lake Park, MN 56554 218- 238 -5944 Detroit Lakes, MN 56501 Oelwein,IA 50662 2 319 283 -3334 18 847 -4486 Bethany Home Litchfield Arlington Place 203 N. Armstrong Augustana Home Care Hospice 101 NE 5th Street Litchfield, MN 55355 218 N. Holcombe Ave. Pocahontas, IA 50574 320- 693 -2423 Litchfield, MN 55355 712- 335 -3020 Emmanuel Home 320- 693 -7367 Arlington Place 600 S. Davis St. 800 East Ratliff Road Litchfield, MN 55355 Meeker County Transit Public Transportation Red Oak, IA 51566 320- 693 -2472 218 N. Holcombe Ave. 712 623 -1999 Mankato Lutheran Home Litchfield, MN 55355 718 Mound Ave. 320 693 -7794 WISCONSIN Mankato, MN 56001 Boardman Meadows 460 W 8th St. 507- 345 -4576 Mankato Lutheran Home Care 718 Mound Ave. New Richmond, WI 54017 First Christian Church Residence Mankato, MN 56001 715 246 -5510 2300 Stevens Ave. S. 507 -385 -4210 CARE CENTERS Minneapolis, MN 55404 612 870 -1811 Mankato Lutheran Home Care Bethany Home Alexandria Elders' Home, Inc. Christ the King Lutheran Church 1020 Lark St. PO Box 188 207 McConnell Alexandria, MN 56308 New York Mills, MN 56567 Mankato, MN 56001 320 762 -1567 218 385 -2005 507- 345 -6506 Colonial Manor of Balaton Green Acres Country Care Center PO Box 219, Hwy. 14 East 38315 Harder Ave. Ecumen Home Care Balaton, MN 56115 North Branch, MN 55056 Northside Senior Assisted Living 507- 734 -3511 651- 674 -7068 1710 Plymouth Ave. N., #207 Minneapolis, MN 55411 Martin Luther Manor Heritage Living Center 612 -588 -3346 1401 E. 100th St. 619 W. Sixth St. Bloomington, MN 55425 Park Rapids, MN 56470 952- 888 -7751 218- 732 -3329 Ecumen Home Care Signe Burckhardt Manor Parmly Senior Housing Services Pelican Valley Health Center 2533 1st Ave. S. 28210 Old Towne Rd. 211 E. Mill St., PO Box 645 Minneapolis, MN 55404 Chisago City, MN 55013 Pelican Rapids, MN 56572 612 -872 -7009 651- 257 -0575 218 863 -2991 Clarkfield Care Center Good Shepherd Lutheran Home Martin Luther Manor -Hope 805 5th St. 1115 4th Ave. N. 7132 Portland Ave. S. Clarkfield, MN 56223 Sauk Rapids, MN 56379 Richfield, MN 55423 320 669 -7561 320 252 -6525 612 861 -6160 Rumen Residen In addition to owning or managing residences in the communities below, our services extend to more than 100 communities in the region. 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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. -Rev. Jin S. Kim, Church of All Nations 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 Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. May 23, 2005 Study Session 2. May 23, 2005 Executive Session 3. May 23, 2005 Regular Session 4. May 23, 2005 Work Session 5. May 25, 2005 Joint Work Session with Commission Chairs b. Licenses CITY COUNCIL AGENDA -2- June 13, 2005 C. Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2005 -11, Freeway Boulevard Bridge Deck Rehabilitation, Bridge No. 27581 d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 8. Public Hearing Item a. Senior Housing and Health Care Revenue Bonds and Joint Powers Agreement Relating to Such Bonds (EverCare Senior Living, LLC Project) 1. Resolution Giving Approval to the Issuance of Tax Exempt Senior Housing and Health Care Revenue Bonds and Authorizing Execution of a Joint Powers Agreement Relating to Such Bonds (EverCare Senior Living, LLC Project) -Requested Council Action: Motion to open Public Hearing. —Take public input. Motion to close Public Hearing. Motion to adopt resolution. 9. Council Consideration Items a. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project No. 2005 -05, Contract 2005 -G, Twin Lake Avenue Neighborhood Street, Storm Drainage, and Utility Improvements Requested Council Action: Motion to adopt resolution. b. Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project No. 2005 -05, Contract 2005- G, Twin Lake Avenue Neighborhood Street and Storm Drainage Improvements Requested Council Action: Motion to adopt resolution. C. Staff Report for Fremont Avenue and Lilac Drive Improvements -Requested Council Action: Direction as to next steps, if any. CITY COUNCIL AGENDA -3- June 13, 2005 d. An Ordinance Relating to Rental Dwellings and Non Conforming Uses; Amending City Code Sections 12 -901, 12 -902, and 35 -111 -Requested Council Action: Introduce first reading and set second reading and public hearing on July 11, 2005; or Provide other direction. e. Update on Twin Lake Sediment Study Requested Council Action: -None, update only. f. Discussion of 2006 Budget: Councilmember O'Connor Requested Council Action: -None, discussion only. 10. Adjournment To: Brookwood Neighbors From: Bonnie Jude (1315) You should have gotten a couple of notices that the owners of the senior housing buildings adjacent to our complex are asking the city to change the street routes at Lilac Drive and Fren1believe Ave. so that they are open to traffic. They have presented two proposals that both options would be detrimental to the quiet, pet and chia atmosphere that we have enjoyed. I believe that we would experience heavier traffic at higher speeds. The owners of the buildings are proposing that they pay part of the costs and that the taxpayers pay the other part. I am very concerned that this construction would change the atmosphere of our neighborhood and make it a less safe place to live. It also seems to be an unnecessary expense and inconvenience to those who live here, especially those whose homes will be directly affected by the proposed construction. J This issue will be on the City Council's agenda tomorrow night. If you agree (or even if you don't) please attend the meeting, get more information and make your voice heard. You can also contact the city council members with your thoughts. City Council Meeting �L; �ti-- Monday, June 13 7:00 p.m. City Hall 6301 Shingle Creek Parkway Myrna Kragness 561 -7442 ci.brookl mayorkragness Yn center.mn.us Kathleen Carmody 566 -3114 councilmembercarmody @ci.brooklyn- center.mn.us U� Mary O'Connor 561 -8038 councilmemberoconnor @ci.brooklyn- center.mn.us f Kay Lasman 560 -6689 councihnemberlasman@cl.brooklyn-center.mn.us Niesen 536 -9925 councilmemberniesen @ci.brooklyn center.mn.us C lie 1 c, J-\-� a-, Residents of Brooklyn Center in the vicinity of Lilac Drive and Fremont Avenue. I am signing my name address and phone number to register my opposition to the proposed changes to Fremont Ave and Lilac Drive near 62 Avenue North. If I am unable to attend the City Council meeting on the 13 my neighbors carrying this petition will speak for me. Thank you. NAME I ADDRESS I PHONE 1 1 00 fit 0 9 f IV I X-T 1-z-1 01 o I c, 1Z t4 rizGmnwJT 4v N rP I 41 M,- -N-i— ALL5- M" 1 70 G et-r �3�!%i�¢- I too3(P vemc» Ave- YV I 5 (pt -az 2 (-J LL-.1 _IAA V i`� z I (tea 1 163 t n Cl r I� ✓eat /)d 13 j t� I L r ll-e A) d 1 -!1&9 111-3 --sfs -11!7-:1 C4 lkv r- Af ,s A ✓xc AJ i 7G3• j f Page PETITION am a resident of The Crossings at Brookwood, 6201 and 6125 Lilac Drive, Brooklyn Center, MN 55430, and hereby request that the City of Brooklyn Center reopen Lilac Drive North at Fremont Avenue North as shown on the attached notice. Date Signature e (Print) Address Unit# I jj;'� 4V 1 j r� t'l T A v e rV d Zo ,Lcf fz T)4 Gd/ Z 2- 1 V r LS h-AlyAlrov Page PETITION am a resident of The Crossings at Brookwood, 6201 and 6125 Lilac Drive, Brooklyn Center, MN 55430, and hereby request that the City of Brooklyn Center reopen Lilac Drive North at Fremont Avenue North as shown on the attached notice. Dglte Signature Name (Print) Address Unit# "W, JA X// x1W e4l- KV 0 EP le so� aim LOS Page PETITION am a resident of The Crossings at Brookwood, 6201 and 6125 Lilac Drive, Brooklyn Center, MN 55430, and hereby request that the City of Brooklyn Center reopen Lilac Drive North at Fremont Avenue North as shown on the attached notice. Dale Signature Name (Print) Address Unit# A Z-h 1 4 S 0 L11Y Lo x��.5� e s U hM L-1- i 'I Page PETITION am a resident of The Crossings at Brookwo ,d, 6201 I nd 6125 Lilac Drive, Brooklyn Center, MN 55430, and hereby request that the City of Brooklyn Center reopen Lilac Drive North at Fremont Avenue North as shown on the attached notice. Date, Signature Name (Print) Address Unit# 5/;M IA J 07 r v t i i Page PETITION am a resident of The Crossings at Brookwood, 6201 and 6125 Lilac Drive, Brooklyn Center, MN 55430, and hereby request that the City of Brooklyn Center reopen Lilac Drive North at Fremont Avenue North as shown on the attached notice. Date Signature Name (Print) Address Unit# i lr �LJ' r" i' '•,'�C`'r�!fi°`''7. 4;�`°' !:':1 i1ts '�j j r s rt.... An r C r 1 j i e M v. ,i r.:.a... !'te io::: t t- ...a 3" t v' 1-Ti t' L j t x�." r�(��1. L' 1 1 1 t( :�L Jti 1 C i a r r "�i� t ,i ':.r 'tl.t„�. J... V!' 1} lr f:� r'�_ i, a i t i tx r s n r s `l f f C PETITION Page am a resident of The Crossings at Brookwood, 6201 and 6125 Lilac Drive, Brooklyn Center, MN 55430, and hereby request that the City of Brooklyn Center reopen Lilac Drive North at Fremont Avenue North as shown on the attached notice. Date Signature Name (Print) Address Unit# G-1 L4, Bpzow�l 6 z L--� 1—,* 1 4 (r� fos t A, (V a Plolbsl Z) 0 'k 0""rAt P14#11,SOA) A/ 41 Al t X1:3 _M A e korJer&nl d rf'I l �lI /A--,' n� i�6 e 44 Ste. iJ/ V Al r�l d� r Y �z N a P r 44 WSO� /i/z j'//S L,...- -L{ m)� P) Y 1w 1 sA S 11 yo s o r Page T PETITION t I am a resident of The Crossings at Brookwood, 6201 and 6125 Lilac Drive, Brooklyn Center, MN 55430, and hereby request that the City of Brooklyn Center reopen Lilac Drive North at Fremont Avenue North as shown on the attached notice. Date Signature Name (Print) AddressJit W A+ Raw �j At (-Ie of �2 L #-"`J yc Ci f //S.✓tr"' lL'^ t !sC i' Yl ✓J,. Y f /rte /rte V� �aA&I -174 �S and �4 X0`1 1l� �.lL4 r�" k 6 /v XV&IL U A v rz Yh/ 1I? .-AW �r R Y ftd 1s 8 lvi t t �Q O i City Council Agenda Item No. 7a MEMORANDUM TO: Mayor Kragness and Councilmembers Lasman, Niesen, and O'Connor DATE: June 10, 2005 SUBJECT: May 25, 2005, Joint Work Session with Commission Chairs Minutes Councilmember Carmody requested, and noted the following changes to the May 25, 2005, Joint Work Session with Commission Chairs: Page 1— Roll Call Finance Commission Chair Donn Escher was absent and excused. Page 1— Last Paragraph Mr Ms. Thorbus informed that there is concern with the vacancies and inquired about the possibility of having wards specified. Mayor Kragness discussed the possibility of making the Housing Commission smaller and informed that the Council needs to discuss this subject. Page 3 Third Paragraph Council discussed the capacity of the EBHC and what the new hotel will being bring for the EBHC once it is operational. 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 MAY 23, 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 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. ADJOURN TO CLOSED SESSION IN ALL AMERICA CONFERENCE ROOM TO DISCUSS LITIGATION WITH ATTORNEY JOHN BAKER REGARDING LAWSUIT AGAINST THE ECONOMIC DEVELOPMENT AUTHORITY: CONCERNED CITIZENS FOR RESPONSIBLE GROWTH IN BROOKLYN CENTER, INC. V CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY A motion by Councilmember Lasman, seconded by Councilmember O'Connor to adjourn the Study Session to a closed session. Motion passed unanimously. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS No items were discussed. DISCUSSION OF WORK SESSION AGENDA ITEM AS TIME PERMITS No items were discussed. MISCELLANEOUS No items were discussed. City Clerk Mayor 05/23/05 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EXECUTIVE SESSION MAY 23, 2005 ALL AMERICA CONFERENCE ROOM CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Executive Session and was called to order by President Myrna Kragness at 6:05 p.m. ROLL CALL President Myrna Kragness and Commissioners Kay Lasman, Diane Niesen, and Mary O'Connor. Commissioner Kathleen Carmody was absent and excused. Also present: Attorney John Baker, City Manager Michael McCauley and Community Development Director Brad Hoffman. The EDA discussed litigation regarding the lawsuit: Concerned Citizens for Responsible Growth in Brooklyn Center, Inc. v City of Brooklyn Center EDA. ADJOURNMENT The Commission adjourned the Executive Session at 6:37 p.m. President 05/23/05 -1- 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 MAY 23, 2005 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council met in Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Councilmember Kathleen Carmody was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Bob Vose, and Deputy City Clerk Maria Rosenbaum. Omar Ansari, 4811 Dusharme Drive, addressed the Council to inform that he has been in contact with City staff regarding brewery sampling and he is not able at this time to do sampling. City Manager Michael McCauley discussed that staff is working with the City Attorney and that it is possible the Attorney General may be contacted regarding this issue. The City has no problem with sampling; however, under the current review of the Law, sampling is not allowed. The City Attorney has discussed the issue with the State Liquor Control who advised there was no authority to allow sampling. A motion by Councilmember Niesen, seconded by Councilmember Lasman to adj ourn the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 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. 05/23/05 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kay Lasman, Diane Niesen, and Mary O'Connor. Councilmember Kathleen Carmody was absent and excused. 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, Planning and Zoning Specialist Ron Warren V e and Deputy i Clerk g p ,City Attorney Bob os p ty C ty 1 Mara Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that she had been contacted by Cable 12 regarding the train horn issue that is on the agenda this evening and provided them some background. She reported that she had attended the Housing Commission meeting and reviewed her concerns. She discussed that she was informed by someone who was on the Financial Commission that they were wondering if there was an opening on the Housing Commission because they would like to move to the Housing Commission. She did talk to the Housing Commission Chair and is not sure what the outcome has resulted in; however, she wanted to let the Mayor know about this matter. She reported that the Council attended a joint Work Session with the Financial Commission. Councilmember Lasman reported that she attended the Opportunity Site Task Force public meeting on May 11, 2005, and the Park and Recreation Commission meeting on May 17, 2005. The Park and Recreation Commission did not have a quorum; however, did discuss with no formal action taken the guidelines for the Adopt -a- Garden Program and the tobacco free zone potential signs that the City may have in parks. Councilmember O'Connor reported that she attended the Opportunity Site Task Force public meeting and that there were more comments made about businesses not knowing about the Opportunity Site development. She informed that she would like to discuss this issue again as a Council. She reported that she attended the Housing Commission meeting and that they are discussing the changes in the rental housing ordinance and the Opportunity Site. She informed that she has been attending the National Night Out meetings and plans to be a coordinator for her neighborhood this year along with having a potluck on August 2, 2005; and that there will be a public meeting on July 31, 2005, at the City Hall parking lot with vendors and prizes for kids. She discussed that the Northwest Suburbs Cable Communications Commission meeting she was going to attend had been canceled. 05/23/05 -2- DRAFT Mayor Kragness shared an anonymous letter she had received from a resident that was leaving the City. She informed that the Council is always happy to receive letters from citizens but when the letters are unsigned or do not have a phone number they are not able to respond. She expressed that she is sad about not being able to contact the residents to inform them of the error with regards to one of the newspaper articles included with the letter regarding an incident that happened in Brooklyn Park and not in Brooklyn Center. She discussed that the City's enforcement people are out and all it takes is a phone call to the Police Department to check on properties that may be in violation of the City Ordinances. She asked people who are going to write to the Council if they could provide a name, address, and or a phone number so they are able to respond. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the agenda and consent agenda.. Councilmember O'Connor informed that she would like a correction to the May 16, 2005, Joint Work Session with Financial Commission meeting minutes. On page four she believes that the highlighted section in the following paragraph is incorrect: Mr. McCauley discussed that this meeting is to provide direction for developing the draft General Fund Budget so that the Council and Financial Commission priorities or issues can be addressed. If no different priorities are established staff will develop the draft budget assuming a three percent tax increase plus the amount of the 2005 bond levy for the August 15, 2005, budget Work Session. She does not remember that being aid at the meeting and would like to change the paragraph to read g g g the following: Mr. McCauley discussed that this meeting is to provide direction for developing the draft General Fund Budget so that the Council and Financial Commission priorities or issues can be addressed. The Council will continue this discussion at its Council meeting. Councilmember Lasman discussed that she remembers the City Manager specifically saying those words. Mayor Kragness agreed. Councilmember O'Connor asked that the paragraph be amended then to include her change. Mayor Kragness said that she did not have a problem with that change. The paragraph would read the following: Mr. McCauley discussed that this meeting is to provide direction for developing the draft General Fund Budget so that the Council and Financial Commission priorities or issues can be addressed. If no different priorities are established staff will develop the draft budget assuming a three percent tax increase plus the amount of the 2005 bond levy for the August 15, 2005, budget Work Session. The Council will continue this discussion at its Council meeting. Motion passed unanimously. 05/23/05 -3- DRAFT 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve the May 9, 2005, Study, Executive, Regular, and Work Session minutes and the May 16, 2005, Board of Appeal and Equalization and the amended Joint Work Session with Financial Commission 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: AMUSEMENT DEVICES Brooklyn Center Community Center 6301 Shingle Creek Parkway Brooklyn Center Legion 6110 Brooklyn Boulevard Davanni's Pizza 5937 Summit Drive Day's Inn 1501 Freeway Boulevard Family Dollar #4514 6223 Brooklyn Drive Family Dollar #5110 2105 57 Avenue North MTCO 6845 Shingle Creek Parkway MECHANICAL Conrad Mechanical Contractors 509 1 st Avenue NE, Minneapolis C O Carlson Air Cond. Co 34492 nd Street N, Minneapolis Joseph and Joseph Consulting 34 Imperial Drive E, West St. Paul Pale Kimball Company 550 Vandalia Street, St Paul Rickert Heating and A/C 10355 Quaker Lane, Maple Grove UHL Company Inc. 9065 Zachary Lane, Maple Grove United Heating and A/C 1295 Hackamore Road, Medina Wencl Services, Inc. 8148 Pillsbury Avenue, Bloomington RENTAL Renewal: 3701 47 Avenue North (12 Units) Drew Kabanuk 3612 55 Avenue North (Single Family) Lutheran Social Ser. of MN 110757 th Avenue North (4 Units) Bob and Sally Robson Maranatha Place, 5415 69 Avenue North (65 Units) Center Park Senior Apts., Inc. 4210 Lakebreese Avenue North (4 Units) James and Bobbie Simons Initial: 5124 65 Avenue North (Single Family) Joseph Okrakene 3101 67 Avenue North (Single Family) Xong Lee 6315 Brooklyn Boulevard (Single Family) Regina Weah 5440 Humboldt Avenue North (Two Family 1 -Side) Chad Kulzer 5316 Russell Avenue North (Two Family 1 -Side) Daniel Hedlund 05/23/05 4- DRAFT 5936 York Avenue North (Single Family) Stephen Phillips Motion passed unanimously. 7c. APPROVAL OF PERFORMANCE GUARANTEE RELEASE FOR ARBY'S, 5444 BROOKLYN BOULEVARD A motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve performance guarantee release for Arby's, 5444 Brooklyn Boulevard. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. CBR DEVELOPMENT, LLC 1. PLANNING COMMISSION APPLICATION NO. 2005 -008 SUBMITTED BY CBR DEVELOPMENT, LLC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE THE LOT AT 3955 69 TH AVENUE NORTH INTO EIGHT LOTS AND AN OUTLOT FOR A TOWNHOUSE DEVELOPMENT. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 12, 2005, MEETING. 2. PLANNING COMMISSION APPLICATION NO. 2005 -009 SUBMITTED BY CBR DEVELOPMENT, LLC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR AN EIGHT UNIT TOWNHOUSE DEVELOPMENT ON THE LOT CURRENTLY ADDRESSED 3955 69 TH AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 12, 2005, MEETING. City Manager Michael McCauley discussed that these two items relate to a proposal for creating an eight unit townhouse development on 69 Avenue North. Planning and Zoning Specialist Ron Warren outlined both applications submitted by CBR Development, LLC. Under the first application they are requesting preliminary plat approval to replat the property addressed as 3955 69 Avenue North into eight townhouse lots and a common area potentially for the ability to sell off individual town home complexes. Mr. Warren reviewed an aerial for the Council to see the area in consideration. The Planning Commission reviewed this application at its April 28, 2005, Planning Commission meeting at which time the issue was tabled because of concerns with accessing the site. The applicant brought back a revised plan at the Planning Commission meeting on May 12, 2005, to consider a new access. The Planning Commission did recommend favorably Planning Commission Application No. 2005 -008 subject to the following standard conditions: 05/23/05 -5- DRAFT 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. Final plat approval is subject to the approval of Planning Commission Application No. 2005 -009 granting density credits per Section 35 -400, Subdivision lb to allow eight dwelling units within this plat. 4. A Declaration of Covenants and Restrictions along with homeowner's association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 5. Final plat approval is contingent on access arrangements and agreements allowing access from the site to France Avenue North and authorizing access through this site to the properties to the west. The site plan subject of Planning Commission Application No. 2005 -009 shows how the development would be laid out. The site is a. 89 acre site and the application has requested density credits to allow up to eight units on this site which would normally require a full acre of land. They are taking advantage of a provision in the Zoning Ordinance which allows some additional density credits because of under building parking. All of the units themselves would have the required parking under the building and in addition there are additional guest parking spaces to the two parking spaces per dwelling units on the south end of the site. Mr. Warren wished to clarify that there is a provision in the ordinance that allows up to 500 square feet of increased density credit for each under building parking space that is part of a multifamily development. They are not seeking the full credit; just enough to get it up eight units. The Planning Commission did recommend approval of Planning Commission Application No. 2005 -009 at its May 12, 2005, meeting, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility, and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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 the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements, and utility service lines prior to release of the performance guarantee. 05/23/05 -6- DRAFT s- ,r 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for construction of utilities and curb and gutter shall conform to the City of Brooklyn Center current Standard Specifications and Details. 8. B -612 curb and gutter shall be provided around all driving and parking areas. 9. Plan approval acknowledges sufficient density credits for under building parking to allow eight town home units on a .89 acre site pursuant to Section 35 -400, Subdivision 1 b of the zoning ordinance. 10. The homeowner's association documents proposed for this town home complex shall be reviewed and approved by the City Attorney and filed with the title to the property prior to the issuance of building permits. 11. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. Access to the subject site from France Avenue North shall be provided over the City water tower site. An appropriate cross access agreement as approved by the City Attorney shall be executed and filed with the title to the properties. Said access agreement shall also extend over the subject property to provide access to the property to the west. 13. The plans shall be modified prior to the issuance of building permits to provide additional lighting for the parking area south of the buildings consistent with the requirements of Section 35 -712 of the City Ordinances. Councilmember O'Connor asked who currently owns the property. Mr. Warren discussed that he does not believe they have closed on it but there is a purchase agreement to acquire the property. Tom Rollings, CBR Development, LLC, addressed the Council and discussed that the gentleman he originally put a purchase agreement on with asked him mid process to change it to a company that he owns and he is not aware of the name at this time. He informed that he had purchased it through a MLS listing and that he has not specifically talked with the person. 05/23/05 -7- DRAFT Councilmember Niesen questioned if there was any place to cross the median in that area. Mr. Warren responded that currently there is no place to cross and nor was there any plans or recommendations to break the median along 69` Avenue. Mr. Warren further discussed the area along 69` Avenue and that there will only be one access gained with the application. She inquired if this was a done deal. Mr. Warren discussed that the deal is not done from the standpoint of finalizing; the Council has to approve an access over public property to this site. The idea would be subsequent redevelopments of these properties to R -3 and similar town homes would also have access through Mr. Rollings property to get to France Avenue and be authorized to carry it on down to any additional town homes that might be developed in the future. She asked if the Council is being asked at this time for authorizing future expansions and if the future expansions would be part of this agreement. Mr. Warren discussed that Mr. Rollings would have to grant access over his property to the properties of the west. The only way future expansions would occur would be if Mr. Rollings is willing to grant access to the properties of the west. The agreements have not been finalized to the point that they have been executed. She asked for clarification if there would be any cost to the City. Mr. Warren responded that there would be no cost to the City. A motion by Councilmember Lasman, seconded by Councilmember O'Connor to approve Planning Commission Application Nos. 2005 -008 and 2005 -009, subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2006 -2008 Mr. McCauley discussed that the City receives its Community Development Block Grant (CDBG) Funds through Hennepin County. This agreement allows the City to participate in CDBG funding through Hennepin County. Councilmember O'Connor asked if these are the funds that allow the City to lend money to people to fix their homes. Mr. McCauley responded that is the major component and that the City also uses it for programs to assist with home maintenance. She inquired how much money this would involve. Community Development Director Brad Hoffman responded that he believes it is approximately $197,000 for one year. Mr. McCauley added that the allocations change each year. Councilmember O'Connor informed that she believes the City can take care of its own homes in Brooklyn Center and she wished that the Federal Government would not give money to the State who then in turns gives the money to Counties to give to Cities. However, as long as this is in place, she will vote for this. 05/23/05 -8- DRAFT RESOLUTION NO. 2005-81 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2006 -2008 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9b. RESOLUTION EXPRESSING INTENT OF THE BROOKLYN CENTER CITY COUNCIL WITH RESPECT TO FUNDING FOR WATERSHED COMMISSION CAPITAL IMPROVEMENTS Mr. McCauley discussed that this resolution tries to capture the discussion from the last Council meeting to express that the Council does not contemplate or intend to specially assess individual properties should the Shingle Creek Watershed capital project go forward and secondly to state its intent to use the storm water utility as the source of funding should that project go forward which would result in the City of Brooklyn Center being caused to make payments for those capital projects undertaken by the watershed. Councilmember Lasman asked for clarification regarding the points discussed with a sunset and the g g p cap on funding. Mr. McCauley discussed that was contained in the previous action of the Council when it communicated with the watershed. She asked if this would then be an addition to the previous action. Mr. McCauley responded that this would be a supplemental action. RESOLUTION NO. 2005-82 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING INTENT OF THE BROOKLYN CENTER CITY COUNCIL WITH RESPECT TO FUNDING FOR WATERSHED COMMISSION CAPITAL IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor asked for clarification regarding the fourth WHEREAS in the resolution and if the Council had taken a vote. Mr. McCauley discussed that the Council took a vote on the item that Councilmember Lasman was referring to and that was one that passed 3/2 and was communicated to the watershed. Councilmember Niesen discussed that there was a 3/2 motion to communicate that letter and have it brought forward to the watershed. 05/23/05 -9- DRAFT Councilmember O'Connor asked since there are two watersheds if all cities would be assessed equally no matter which one is being worked on. Mr. McCauley responded at this point it is undifferentiated. Motion passed unanimously. 9c. RESOLUTION APPROVING A DEVELOPMENT AGREEMENT/BUSINESS SUBSIDY BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY AND BROOKLYN HOTEL PARTNERS LLC Mr. McCauley discussed that on August 23, 2004, the Economic Development Authority (EDA) approved a development agreement with Brooklyn Hotel Partners LLC which included a business subsidy component. That occurred after a public hearing was held and no one appeared before the EDA. The Commission which is the comprised of the same members as the City Council approved that agreement and business subsidy contained in the development agreement. The City Council acting as the City Council is required to approve that development agreement since it contains a business subsidy. Councilmember Niesen questioned what is being considered for Council approval. Mr. McCauley discussed that the Council is being asked to approve the development agreement and business subsidy as a reviewing body of an action taken by the EDA. The actual approval of the agreement and the legal agreement is between the EDA and the developer; but the City Council sitting as the City Council has to also approve in effect the action that it took as it was seated as the EDA. Councilmember O'Connor asked what is a business subsidy. Mr. McCauley discussed that the business subsidy is $2,600,000 of tax increment that would have to be generated by the developer. The developer would then not receive increment except as it was captured and only from the benefit date which would be when the certificate of occupancy would be issued. She inquired if that means they get their own money. Mr. McCauley discussed that of the taxes they pay in excess of the base taxes that are captured as tax increment, they will get a note for $2.6 Million at five percent interest from the City. The payments of which will come from increment generated after they have built the hotel and have generated additional value upon which additional taxes are paid. The City is not giving them $2.6 Million and then reimbursing themselves from increment; the City is giving them a note for $2.6 Million that gets paid only when the City receives the additional taxes to pay back the note. Councilmember O'Connor asked what else is included with this development agreement. Mr. McCauley discussed that the City gives them the land for a number of years on an agreed upon price but the City does not receive that price until they either sell the property or a specified number of years have transpired. She inquired if they don't make money on it does the City get paid. Mr. McCauley discussed that the City has the ability to get paid on the land and that there is an obligation to pay the City for the land. If the deal were to go through bankruptcy, the City could find itself in a junior position of potentially having claims extinguished. 05/23/05 -10- DRAFT Councilmember Niesen asked if there is a market value to the land. Mr. McCauley discussed that there is a market value and the City had purchased it for $2.1 Million. The City is giving them the land without having to capitalize it in the beginning portion of their development which is a deferred obligation in which assists them in terms of their cash flow. She inquired if this is how all tax increment agreements were structured. Mr. McCauley discussed that the City has done different things under each scenario. She inquired what happens if in 20 years from now they have a hotel and owe the City money for the land. Mr. McCauley discussed that they would owe the City $2.6 Million. If they divest themselves of ownership sooner, the City gets paid sooner. Councilmember Niesen inquired about the five percent interest rate. Mr. McCauley discussed with notes they typically bear interest and in the business subsidy agreement the note that is described includes interest at the rate of five percent. The City would be paying five percent on the outstanding balance starting at $2.6 Million using the same source of funds which would be the increment generated from the hotel. Councilmember O'Connor expressed that she would be voting against this; she does not like the idea of helping out one business and not others and with the lawsuit going on now she would not like to go ahead with this. RESOLUTION NO. 2005 -83 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A DEVELOPMENT AGREEMENT/BUSINESS SUBSIDY BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY AND BROOKLYN HOTEL PARTNERSLLC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor voted against the same. Motion passed. 9d. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR FINANCING ELDERLY HOUSING AND HEALTH CARE FACILITIES WITH TAX EXEMPT BONDS AND AUTHORIZING PUBLICATION OF A NOTICE OF THE HEARING Mr. McCauley discussed that this resolution calls for a public hearing on what would be an issuance of bonds through the City of Apple Valley. This would be similar to what was done at the last meeting for the housing project. This is a venture where there would be four cities in which the undertaking would occur but the City of Apple Valley would issue the tax exempt housing revenue bonds. 05/23/05 -11- DRAFT Councilmember Niesen asked how the City of Brooklyn Center would be assisting the City of Apple Valley. Mr. McCauley iscussed that the City ofA le Valle could not issue bonds for somethin Y Y Y PP Y g that would happen in Brooklyn Center unless there was Council approval. If the Council did not give approval then the cities of Apple Valley, Moorhead, and Fargo could still go forward if they all agreed but they could not issue bonds for the activity in Brooklyn Center. Councilmember Niesen asked if the City of Brooklyn Center could be harmed in anyway. Mr. McCauley discussed that it is the revenues of the operation that are pledged and there is no obligation on the part of the City of Apple Valley much less any obligation on the City of Brooklyn Center to deal with any deficiency in revenue stream to pay off the bonds. This would be a private transaction using tax exempt financing to lower their cost of debt. RESOLUTION NO. 2005-84 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR FINANCING ELDERLY HOUSING AND HEALTH CARE FACILITIES WITH TAX EXEMPT BONDS AND AUTHORIZING PUBLICATION OF A NOTICE OF THE HEARING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Councilmember O'Connor asked what risk does the City f Brooklyn Center take in doing this. Mr. tY Yn g McCauley responded none. She inquired if the building has 104 or 61 units. Mr. McCauley discussed that it is 104 units. She asked what the following language constitutes: The Bonds if and when issued will not constitute a charge, lien or encumbrance upon any property of Apple Valley or the City except the Project Mr. McCauley discussed that means the property itself. The project is each of these elderly health care facilities and what is pledged, and securing the bonds is the facilities being purchased. If the operation were to go into default, they would typically have pledged the real estate and the improvements on the real estate to the bonds holders and that would be what they could look to for satisfaction and anything else pledged by the entity that is undertaking this. Councilmember O'Connor abstained from the vote. Motion passed. 9e. RESOLUTION APPROVING FINAL PLAT, METROPOLITAN TRANSIT ADDITION Mr. McCauley discussed this is the final plat for the bus transit facility and is subject to conditions specified in the resolution. 05/23/05 -12- DRAFT Mayor Kragness asked if an answer had been received regarding the use of restrooms for patrons. Mr. McCauley informed that they had not received an answer and that Assistant City Manager/Director of Operations Curt Boganey followed up with a second letter today. Councilmember Niesen asked if this is common practice to approve a final plat before title is given. Mr. McCauley discussed that the City Attorney has a common condition on a final plat. She questioned if it is common that this type of approval would come after a building is built. Mr. Warren discussed that this final plat combines multi parcels into a single parcel. The Council authorized the building prior to the filing of a plat; however, in situations, the City requires a final plat to be filed before a building permit would be issued. In this instance there was an agreement between the City and the Metropolitan Council and the Council waived filing the plat to allow construction to start before the filing of the final plat. RESOLUTION NO. 2005 -85 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, METROPOLITAN TRANSIT ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 9f. ESTABLISHMENT OF A LOCOMOTIVE HORN QUIET ZONE 1. ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE REGULATION OF RAILROAD LOCOMOTIVE HORNS IN THE CITY 2. RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ESTABLISH A LOCOMOTIVE HORN QUIET ZONE Mr. McCauley discussed that one of the two items before the Council this evening is new. The resolution is consistent with what the Council had discussed and would allow the City to go forward with the 60 day period as outlined to establish a locomotive horn quiet zone. The ordinance is the item that had not been discussed and is being suggested to help with the quiet zone and would provide the City with assistance if the railroad were to disregard the quiet zone. Councilmember O'Connor expressed she does not like the misdemeanor penalty and believes that if they need to blow the horns she would like them to be able to and not feel like they are going to be penalized for doing so. Mr. McCauley discussed that there is language in the proposed ordinance that would address safety issues allowing the operators to sound the horn for safety reasons. 05/23/05 -13- DRAFT Councilmember Niesen questioned what prima facie evidence means. Mr. McCauley discussed that means that all the City has to prove starting out that it was sounded and then shifts the burden to the railroad to show there was an emergency. City Attorney Bob Vose added that the language makes it clear that the focus of the violation is not the individual railroad employee; it is the railroad. Councilmember Lasman questioned if this ordinance would increase the liability if there was an accident. Mr. McCauley responded that this would not increase the City's liability. A motion by Councilmember Niesen, seconded by Councilmember Lasman to approve first reading and set second reading and public hearing on July 25, 2005. RESOLUTION NO. 2005-86 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF INTENT TO ESTABLISH A LOCOMOTIVE HORN QUIET ZONE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Councilmember O'Connor expressed that she is concerned with the crossing. Councilmember Niesen informed that she is also concerned about that crossing and discussed that the trains go slow through that crossing. Councilmember O'Connor asked how people will know about the 60 day comment period and how they will make comments. Mr. McCauley discussed that the comment is sent only to a limited number of government agencies and goes to the railroad and required parties in the Federal Rule. This is not sent to the general public. She inquired why the general public would not be able to comment in the 60 day period. Mr. McCauley informed that the general public will have notice of the proposed ordinance because it will be published in the SunPost Newspaper. Under the notice of intent to establish the locomotive horn quiet zone that does not require a public hearing and simply requires notice to certain specified entities that are set forth in the code of Federal Regulations. Councilmember O'Connor expressed she believes it would be more important for those people living in that area to have this comment period than people in the surrounding cities. Councilmember O'Connor questioned if the penalty portion of the proposed ordinance could be deleted. Mayor Kragness expressed she believes that would not be necessary to have that portion removed. Councilmember Niesen discussed that she is comfortable with the proposed ordinance as it is written now and believes that the penalty portion is important. 05/23/05 -14- DRAFT Councilmember Niesen asked if there should be any additional language regarding the maintenance of the crossing arm to test it regularly or if that is already part of the plan. Public Works Director /City Engineer Todd Blomstrom discussed that it is the responsibility of the railroad to maintain the crossing arm. He added that if there was any type of failure of the crossing arm people can contact the City and staff could pass that information to the proper people. Councilmember O'Connor voted against the same. Motions passed. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to adj ourn the City Council meeting at 8:37 p.m. Motion passed unanimously. City Clerk Mayor 05/23/05 -15- 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 MAY 23, 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 9:37 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, and Deputy City Clerk Maria Rosenbaum. 2006 BUDGET: CONTINUED DISCUSSION FROM JOINT MEETING WITH FINANCIAL COMMISSION Councilmember /Commissioner Niesen asked that Hennepin County be contacted to inquire what they would charge for providing assessing services to the City. She believes that the Council owes it to the taxpayers to research and explore this subject to see what the changes could be financially and operationally. Councilmember /Commission Carmody expressed that she does not believe it would hurt to get numbers from Hennepin County. Mayor/President Kragness expressed she is opposed to losing the assessing department and suggested that if Hennepin County is going to be contacted she would want Mr. McCauley or Mr. Boganey to do the research. Councilmember /Commissioner O'Connor expressed that she would like to go ahead with researching the cost. City Manager/Executive Director Michael McCauley discussed that the if the Council/Commission would like to direct a preliminary review of this subject there would be a lot more variables involved. He suggested starting with a letter to Tom May, Hennepin County Assessor, asking him for comments on their process and continue the review after written communication is received. 05/23/05 -1- DRAFT Councilmember /Commissioner O'Connor asked that the City of Golden Valley also be contacted to see if they like using Hennepin County for their assessing services. Mr. McCauley suggested that would be premature until the Council had the rough cost estimates and determined if it wanted to conduct a more in depth review, including looking at what other cities are doing. Consensus of the Council was to proceed to inquire of Hennepin County. Councilmembers /Commissioners continued discussions regarding the proposed three percent increase in taxes and the concern with PERA contributions; the number of unions the City has; the timetable for street improvements bonds; and proposals for spending tax increment financing. MISCELLANEOUS Councilmembers /Commissioners discussed a letter they had received from a resident regarding logs and tall grass. ADJOURNMENT There was a motion by Councilmember /Commissioner Carmody, seconded by Councilmember/ Commissioner O'Connor to adjourn the City Council/Economic Development Authority Work Session at 10:18 p.m. Motion passed unanimously. City Clerk Mayor/President 05/23/05 -2- 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 JOINT WORK SESSION WITH COMMISSION CHAIRS MAY 25, 2005 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in a Joint Work Session with Commission Chairs and was called to order by Mayor Myrna Kragness at 6:35 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody and Kay Lasman. Councilmember Diane Niesen was absent and unexcused. Councilmember Mary O'Connor was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, and Deputy City Clerk Maria Rosenbaum. Others present were Charter Commission Chair Stanley Leino, Housing Commission Chair Judy Thorbus, Park and Recreation Commission Chair Bud Sorenson, and Planning Commission Chair Tim Willson. GENERAL DISCUSSION WITH COMMISSION CHAIRS Mayor Kragness informed that Financial Commission Chair Donn Escher had contacted her to inform that he would not be able to make the meeting; however, would like to let the Council know that the Financial Commission has some concerns with the Governor's Referendum proposal and that the Financial Commission may have to deal with two budget scenarios. Housing Commission Chair Judy Thorbus discussed that the Housing Commission had identified nine things for this year; however, only three were listed as priority items. The priority items were the Opportunity Site, a joint meeting with the Planning Commission, and the City's rental ordinance. Mr. Thorbus informed that there is concern with the vacancies and inquired about the possibility of having wards specified. Mayor Kragness discussed the possibility of making the Housing Commission smaller and informed that the Council needs to discuss this subject. 05/25/05 -1- DRAFT Charter Commission Chair Stanley Leino discussed that the Charter Commission has three new members and they hope to have better attendance. They currently have 11 members and could have 15 members. The Charter Commission is in the early stages of reviewing the Charter and may ask the Council at some point for housekeeping amendments. One of the other issues they are reviewing is the eligibility for running for Office. He informed that one of the new members had submitted a report on petitioning for candidates; however, he had not reviewed the report. As a body they have not discussed the report and he informed the Council that he will make it clear to the Charter Commission that creating a lot more work would not be feasible. Park and Recreation Commission Chair Bud Sorenson discussed they are down one member and that they currently have seven members on the Commission. He informed that the Park and Recreation Commission are reviewing how to differentiate maintenance or capital expenses at the Community Center. There was also discussion regarding the long term care for the Community Center and the Earle Brown Heritage Center (EBHC). Council discussed the capacity of the EBHC and what the new hotel will being for the EBHC once it is operational. Mr. Sorenson continued discussing that the Park and Recreation Commission is reviewing the concept of changing the Community Center memberships, reviewing the City's Park Ordinance relating to the opening times for parks and the leashing of dogs, reviewed the consideration of permits for allowing beer in parks, reviewed Segways, and most recently has been discussing signs for no smoking at youth events and the issue of garden displays. Planning Commission Chair Tim Willson discussed that they have not been as busy the past couple of years which he believes is due to the economy; and that they recently lost a long -time member. Mr. Willson expressed that he would be willing to help any individual Council Member learn more about the Comprehensive Plan. Mayor Kragness asked if there was anything that the Commission Chairs would like to ask the Council. Mr. Leino discussed that he would like to make a compliment. City Clerk Sharon Knutson and Police Department personnel always contact him after leaving a message and he believes staff is doing a great job. Ms. Thorbus asked if the City would be able to help with communicating in different languages. Mr. McCauley informed that grant funding should help with the communicating in different languages. Ms. Thorbus asked if the Council had received a copy of Councilmember Niesen's memo to the Housing Commission. The Council advised they had not and would like a copy. A copy will be provided. 05125105 -2- DRAFT MISCELLANEOUS Mr. Sorenson asked if it would be possible to get more pictures with the City's parks and trails on the City's Website. Councilmember Lasman informed that she believes it would also be nice to highlight in the City Watch a map showing the trail system. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Work Session at 8:05 p.m. Motion passed unanimously. City Clerk Mayor 05/25/05 -3- DRAFT City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: June 8 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 June 13, 2005, are as follows: AMUSEMENT DEVICES Ref's Sports Bar and Grill 2545 County Road 10 GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street, Ramsey Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHANICAL General Sheet Metal Company 2330 Louisiana Avenue N, Minneapolis McQuillan Brothers 688 Hague Avenue, St. Paul Pfiffner Heating Air 6301 Welcome Avenue N, Brooklyn Park Practical Systems 4342B Shady Oak Road, Hopkins Silvernail Enterprises Ltd. 6603 36h Avenue N, Crystal Total Comfort 4000 Winnetka Avenue N, New Hope RENTAL Renewal: 3313 63` Avenue N (Single Family) Yuan Paul Xiong 0 calls 6724 France Avenue N (Single Family) Chris Prescott 0 calls 5448 Humboldt Avenue N (Single Family) Francis Kaas 0 calls 5600 Judy Lane (Single Famiy) Nita Morlock 0 calls 5517 Knox Avenue N (Single Family) Roger Harris 0 calls Initial: 510 61" Avenue N (Single Family) Kamal Ibrahim 0 calls 5615 Bryant Avenue N (Single Family) Millard Smith Jr. 0 calls SIGNHANGER DeMars Signs, Inc. 410 93` Avenue NW, Coon Rapids Designer Signs Systems 9975 Flaunders Court NE, Blaine Jones Sign Company, Inc. 1711 Schevring Road, De Pere, WI 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 City Council Agenda Item No. 7c City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 8, 2005, TO: Michael McCauley, City Manager FROM: Todd Blomstrom Director of Public Works SUBJECT: Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2005 -11, Freeway Boulevard Bridge Deck Rehabilitation, Bridge No. 27581 The City's current Capital Improvement Program includes the rehabilitation of the bridge deck for the Freeway Boulevard Bridge over Shingle Creek. This single span bridge is located along Freeway Boulevard approximately 700 feet west of Shingle Creek Parkway. The bridge was originally constructed in 1974. A bridge deck condition survey was conducted in 2003 in response to the continual loss of pavement surface on the bridge. The condition survey revealed that approximately 27 percent of the bridge deck concrete material is delaminated. The delamination process will eventually lead to corrosion of the reinforcing steel within the structure if not corrected in the near future. The rate of surface deterioration has accelerated in recent years, despite several attempts to patch and maintain the surface. Plans and specifications for the rehabilitation of the bridge deck have been prepared by staff with the assistance of an engineering consultant having expertise in bridge improvements. The estimated construction cost for the proposed bridge improvements is $120,000. In February 2004, the City applied to the Minnesota Department of Transportation for a grant to offset a portion of the construction cost to repair the bridge. Unfortunately, this project was not funded by the state bridge fund grant in 2004 or 2005. Further deterioration of the bridge deck will eventually result in much more costly repairs. Therefore, staff recommends that the City proceed with the bridge repairs this year. Funding would be required from the City's Municipal State Aid Fund. Attached for consideration is a City Council resolution approving the plans and specifications and authorizing advertisement for bids. Detailed plan sheets will be available for review at the City Council meeting. 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 PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2005-11, FREEWAY BOULEVARD BRIDGE DECK REHABILITATION, BRIDGE NO. 27581 WHEREAS, the current Capital Improvement Program for the City of Brooklyn Center includes improvements to the Freeway Boulevard Bridge located approximately 700 feet west of Shingle Creek Parkway; and WHEREAS, plans and specifications for the necessary repairs to the Freeway Boulevard Bridge have been prepared under the direction of the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications for Improvement Project No. 2005 -11, Freeway Boulevard Bridge Deck Rehabilitation are hereby approved and ordered filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvements in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the City Clerk and the City Manager or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Brooklyn Center for 5 percent of the amount of such bid. 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. GOVERNING E P S M me EdiHON O 7HE TIMESOTA FJ TSTANDARD CITY OF BROOKLYN C ER `C W I O ADON MANUAL AND SmI+D SHALL ON LAYO >0 111E MWiCO. 'FMANUAL M ,E NPOMRY TRAFFIC CCIIIIHOL ZONE urwTr. CONSTRUCTION PLANS FOR BRIDGE DECK REPAIRS. BITUMINOUS PAVING. CONCRETE CURB AND GUTTER INDEX AND MISC. CONSTRUCTION SHEET NO. DESCRIPTION i TITLE SHEET 2 STATEMENT TI NS EST QUANTITIES t =,D. PLATES FREEWAY BOULEVARD BRIDGE DECK REHABILITATION 3 TYPICAL SEC BRIDGE NO. 27581 BRIDGE L PLANS AND PROFR ES 5-7 BRIDGE 258, 1 -9 ORIGINAL BRIDGE PLANS (FOR REFERENCE ONLY) S.A.P. 109 -121 -004 SHiy BROOKLN CENTER CITY PROJECT NUMBER 2005 -11 CONTRACT 2005 -F E MUNICIPAL GARAGE �EEh LOCATED ON FREEWAY BLVD 720 FT WEST OF SHINGLE CREEK PARKWAY FREEWAY BLVD I I` FuucnaNAL cLA55FrcAnoN� I LOCAL y JS a I Na OF TRAFFIC LANES 1 2 I PLAN REVS INS Na OF PARKING LANE52 I 0 I DAR I SEET MD, I APPROVED BY STRUCTURAL or I Rr I I I R CALVE_ 1 2 ACT (CURRENT YEAR) 200E I 3800 I I I AOT (FUTURE YEAR) 2024 1 5040 I I I ESALS 20 YEAR CUMULATIVE I J CROSS LENGTH I 148.5 FEET a028 MILES I 694 BRIDGES LENGTH I 88.5 FEET w Y NET LENGTH I 148.5 FEET OA28 MILES 1 BS1H AVE DESIGN SPEED; I 30 MPH I `J 94 BASED Ole I STOPPING SIGHT DISTANCE TKDA I HEIGHT OF EYE: I MS FFET I HEIGHT OF OBJECT. I 0.3 FEET ENGINEERS ARCHITECTS PLANNERS 1 HEREBY ERI DER RY THAT lm3 PLAN AS W PREPARED ME O MY N 91PW W AND THAT 1 AM SY OR UNDER A NSED 1 GL NEER UNOE1l STALE G• TA I END S.A.P. 109 121 -004 LEGEND SOMATMRE, 1 oATe END CITY PROJECT 2005 -11 PROPONO cros OUT" PMN10 NAME, RORER O- COI LK Ma Dens I I STA. 28+70.25 Ow"mmy U CENTER BEGIN S 109 121 -004 s CENTRAL p BEGIN CITY PROJECT 2005 -11 FmSTM KAROMMN CITY OF I PARK STA. 23+23.75 00-6 ARV" ""MNmaE. BROOKLYN CENTER PRCPOSD SAMTMY MAINCIS• .........0 HENNEPIN COUMY. MINNESOTA CI TY T 'ONIRNO 11" NAmGaO .6 PROPOSED SOW MAIN M- HALL UU Me CANN e PRONTO "M 8A" TE PROPOSED N mRAW APPROM DA ..8• CITY OF BROOKLYN CENTER ENGINEER EARLE BROWN �1 LRnosso R AM v ...........m GARDEN HERITAGE O0S AMmt `QMD YOt CITY O CENTER a e DATE PROP`RRO CINM ROK. a METRO OmTmGT STATE AE ENGINEER` REVERED FOR PARK EIEeTae mT a COMPUANLS T IN STATE AIM WIW/POUCY HENNEPIN CO. °1 DECIMC (uNDED DAe W LIBRARY de ELECm¢ (m Tue W) DAN S ERVICE SCALES 01FAG;fAD) w vHai APPROVED FOR STALE AID FUMOM¢ STATE AD ENOINM PLAN 50' IELu"w PRGRE w M TMKFC SNNK (a DPORO MD) n i NO: T OF 7 SHEETS HOML 1 VERTICAL I City Council Agenda Item No. 7d City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 8, 2005 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. 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 adoption: Member introduced the following resolution and moved its o, RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: PROPERTY OWNER PROPERTY ADDRESS TREENUMBER SCOTT MARY BETH THORNTON 5818 EMERSON AVE N 1 CITY OF BROOKLYN CENTER VARIOUS PARKSBLVDS 2,9,10,14,18,36 WILLIAM JACQUELINE HAUGEN 5807 IRVING AVE N 3 YER SENG HERILYDA VANG 2918 MUMFORD RD 4 WARREN JOAN ANDERSON 3400 WOODBINE LA 5 SCOTT HUGHES 5348 NORTHPORT DR 6 RAYMOND BARBARA SNYDER 6036 EWING AVE N 7 MICHAEL GONZALES 5825 PEARSON DR 8 EDWARD DOLL 1201 57 AVE N 11 LOIS FROST 5707 EMERSON AVE N 12,13 BRUCE VAN BRONKHORST/MARIE PHILLIPS 5824 HALIFAX AVE N 15 STEPHEN NORMAN 2920 53 AVE N 16 SHANE ROBYN LAUBACH 6800 EMERSON AVE N 17 CATHERINE NYBERG 5615 CAMDEN AVE N 19A SUSAN JAMES MYLES 5607 CAMDEN AVE N 19B JUHA MERVI ROUVINEN 3201 67 AVE N 20 DOUA LEE VANG 6101 BROOKLYN BLVD 21 ROGER MARGARET KLINGENSMITH 5302 EMERSON AVE N 22 JAMES DARLENE COLLINS 5424 LOGAN AVE N 23 EXODUS COMMUNITY DEVELOPMENT 4801 63 AVE N 24 BRETT CORBITT 7130 KYLE AVE N 25 LOREN CROWE 6234 LILAC DR N 26 ROBERT MARILYN CASHMAN 5553 EMERSON AVE N 27 STEVAN PRISCILLA KILIBARDA 7019 MORGAN AVE N 28 LAVADA EDGAR WHITEBRENDA REID 5801 LYNDALE AVE N 29 BRUCE GOLDBERG 5906 DUPONT AVE N 30,31 RESOLUTION NO. S PROPERTY OWNER WNE PROPERTY ADDRESS TREENUMBER RAYMOND CARLA JEFFERSON 6546 WILLOW LA 32,33 NED STORLA 6536 WILLOW LA 34,35 ALOYSIUS DARLENE PAWLENTY 6836 TOLEDO AVE N 37 GEE YANG NHIA HER 4110 LAKEBREEZE AVE 38 RAY IDEEN PHILIP HENRICHS 5310 DUPONT AVE N 39 WILLIAM HAASE 3500 54 AVE N 40 GARY NANCY CURTIS 2100 BROOKVIEW DR 41 PAMELA GLENN 5536 JUDY LA 42 RICHARD BONNIE AULD 2313 BROOKVIEW DR 43 MATTHEW JOSEPH THANH IRAN 5930 CAMDEN AVE N 44 GERALD LINDA KAMROW 5447 EMERSON AVE N 45 CARMEN FITZGIBBONS 6107 EMERSON AVE N 46 ROSEMARY CHRISTENSEN 7136 NOBLE AVE N 47 TUYET LE XUAN NGUYEN 5730 NORTHPORT DR 48 JOSEPH SMITH 5337 NORTHPORT DR 49 ROBERT NANCY MIKULAK 5624 IRVING AVE N 50 XAI TSAV KABLIA PHA 5451 HUMBOLDT AVE N 51 MARY ROONEY 6412 PERRY AVE N 52 RAYMOND GRACE HARR 6406 SCOTT AVE N 53 PAMELA OPPEGARD 3406 WOODBINE LA 54 CHARLES MARGO LINDBERG 3519 t2 AVE N 55 MARLYS HOLGER HANSON JR 3624 t2 AVE N 56 MILADA DEWITT MICHAEL LAUNERT 6210 BRYANT AVE N 57 CYNTHIA GRANQUIST 5406 COLFAX AVE N 58 TIMOTHY KAPPEL 5813 DUPONT AVE N 59 FOLUWASAYO ANGELA AKINDUMILA 5743 GIRARD AVE N 60,61 RODGER RUTH DALMAN 5549 GIRARD AVE N 62 WILLIAM VAUGHN 5605 FREMONT AVE N 63 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk RESOLUTION NO. 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 adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION GIVING APPROVAL TO THE ISSUANCE OF TAX EXEMPT SENIOR HOUSING AND HEALTH CARE REVENUE BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT RELATING TO SUCH REVENUE BONDS (EVERCARE SENIOR LIVING, LLC PROJECT) WHEREAS, Maplewood Senior Housing Assisted Living, LLC a Minnesota limited liability company or a related entity (the "Borrower intends to undertake a project consisting of the acquisition of four (4) assisted living facilities located at (i) 14615 and 14625 Pennock Avenue, in the City of Apple Valley, Minnesota "Apple Valley known as Centennial House of Apple Valley, consisting of 60 units, (ii) 6001 -6021 Earle Brown Drive, in the City of Brooklyn Center, Minnesota (the "City known as Prairie Lodge at Earle Brown Farms, consisting of 104 units, (iii) 502 and 512 Third Avenue South, in the City of Moorhead, Minnesota "Moorhead known as The Evergreens of Moorhead, consisting of 33 units and (iv) 1401 -1411 West Gateway Circle in the City of Fargo, North Dakota "Fargo known as The Evergreens of Fargo, consisting of 66 units (collectively, the "Project and WHEREAS, the Borrower has proposed that the City, Apple Valley Economic Development Authority (the "Issuer Moorhead and Fargo enter into a joint powers agreement under Minnesota Statutes Section 471.59 and corresponding North Dakota law, pursuant to which the Issuer will jointly issue tax exempt health care revenue bonds in the aggregate principal amount of not more than $22,000,000 (the 'Bonds to finance the Project pursuant to Minnesota Statutes, Section 469.152 -1651 (the "Act and WHEREAS, the Bonds will be payable solely from revenues of the Borrower, will not be a general or moral obligation of the City, the Issuer, Moorhead, Fargo or any other political subdivision of the States of Minnesota or North Dakota, but will be payable solely from revenues of the Borrower, to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. Based on representations made by the Borrower, the City expects to receive substantial benefit from the Project which will continue to provide additional elderly housing and health care facilities within the meaning of the Act, accessible and available to residents of the City. 2. This City Council has received a draft of the Joint Powers and Joint Powers Agreement among the City, the Issuer, Moorhead and Fargo (the "Joint Powers Agreement RESOLUTION NO. 3. In no event shall the Bonds ever be payable from or charged upon any funds of the City; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Bonds do not constitute an indebtedness of the City within the meaning of any constitutional, statutory, or charter limitation. 4. The Joint Powers Agreement is hereby approved in substantial) the form now on g Y pp Y file in the office of the City; and the Mayor and Manager of the City are authorized to execute the same in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or Manager of the City, such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Joint Powers Agreement includes approval of such additional details therein as may necessary and appropriate and such modifications thereof, Y deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the City officials authorized herein to execute the Joint Powers Agreement prior to their execution; and such City officials are hereby authorized to approve said changes on behalf of the City. June 13, 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. RESOLUTION NO. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of such City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving host approval to the issuance of revenue bonds and authorizing execution of a Joint Powers Agreement (Maplewood Senior Housing Assisted Living, LLC Project). WITNESS my hand this day of June, 2005 Clerk JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF TAX EXEMPT HEALTH CARE REVENUE BONDS TO FINANCE ELDERLY HOUSING AND HEALTH CARE FACILITIES (EVERCARE SENIOR LIVING, LLC PROJECT) THIS AGREEMENT is entered into as of the 1 st day of June, 2005, among the Apple Valley Economic Development Authority "Apple Valley the City of Brooklyn Center, Minnesota, "Brooklyn Center the City of Moorhead, Minnesota "Moorhead and the City of Fargo, North Dakota "Fargo (collectively, the "Municipalities," or individually, a "Municipality Apple Valley is an economic development authority and Brooklyn Center and Moorhead are each a municipal corporation, all duly organized under the laws of the State of Minnesota and Fargo is a municipality duly organized under the laws of the State of North Dakota. RECITALS A. Minnesota Statutes, Section 471.59, as amended and North Dakota Century Code, Chapter 54 -40.3, as amended (collectively the "Joint Powers Act both provide that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties, and may provide for the exercise of such power by one of the participating governmental units. B. EverCare Senior Living, LLC, a Minnesota limited liability company (the "Borrower proposes to acquire four (4) assisted living facilities located at (a) 14615 and 14625 Pennock Avenue, in the City of Apple Valley, Minnesota, known as Centennial House of Apple Valley, consisting of 60 units, (b) 6001 -6021 Earle Brown Drive, in Brooklyn Center, known as Prairie Lodge at Earle Brown Farms, consisting of 104 units, (c) 502 and 512 Third Avenue South, in Moorhead, known as The Evergreens of Moorhead, consisting of 33 units and (d) 1401 -1411 West Gateway Circle in Fargo, known as The Evergreens of Fargo, consisting of 66 units (collectively, the "Project C. The Borrower has proposed that the Municipalities enter into this agreement pursuant to the Joint Powers Act, pursuant to which Apple Valley, on behalf of itself and the other Municipalities, will issue tax exempt revenue Bonds, in one or more series or issues (the "Bonds under Minnesota Statutes, Section 469.152 -1651 (the "Act in an aggregate amount not to exceed $22,000,000 and loan the proceeds thereof to the Borrower to finance acquisition of the Project. D. Each of the Municipalities will receive benefit from the Project located in their community which will continue to provide additional elderly housing and health care facilities within the meaning of the Act, accessible and available to residents of each of the Municipalities. NOW THEREFORE, in consideration of the mutual undertakings and covenants set forth below and other good and valuable consideration, the Municipalities hereby represent and agree as follows: 17589442 1. The Municipalities hereby agree to jointly finance acquisition the Project. Apple Valley is hereby designated as the issuer of any Bonds to be issued pursuant to this Agreement. 2. Each Municipality represents to the other parties hereto that it has (i) held a p ublic hearing with respect to the Project and (ii) has adopted a resolution reciting the benefits to such Municipality from issuance of the Bonds to finance the Project, and authorizing execution, delivery and performance of this Agreement. 3. Apple Valley shall exercise the powers of the Act by adopting, approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue, and sell the Bonds and such other resolutions, documents, and agreements as shall be necessary or required in connection with the issuance of the Bonds and giving effect to or carrying out the provisions of this Agreement and documents under which the Bonds are issued and/or secured. 4. Any Bonds to be issued pursuant to this Agreement shall be special, limited obligations of Apple Valley, payable solely from proceeds, revenues and other amounts specifically pledged thereto. In no event shall the Bonds ever be payable from or charged upon the general credit, taming powers or any funds of any of the Municipalities; the Municipalities are not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of any of the Municipalities to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of any of the Municipalities; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of any of the Municipalities; and the Bonds do not constitute an indebtedness of any of the Municipalities within the meaning of any constitutional, statutory, or charter limitation. 5. This A Agreement shall terminate upon the retirement or defeasance of the last g outstanding Bonds and this Agreement may not be terminated in advance of such retirement or defeasance. 6. This Agreement may be executed in counterparts, each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. [Remainder of page intentionally left blank; signature pages follow] 17589442 2 IN WITNESS WHEREOF, each of the Municipalities has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Secretary SIGNATURE PAGE TO JOINT POWERS AGREEMENT 17589442 S- I CITY OF BROOKLYN CENTER, MINNESOTA By Its Mayor By Its Manager i i SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1758944v2 S -2 CITY OF MOORHEAD, MINNESOTA By Its Mayor By Its Manager SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1758944v2 S -3 CITY OF FARGO, NORTH DAKOTA By Its Mayor By Its City Auditor SIGNATURE PAGE TO JOINT POWERS AGREEMENT 1758944v2 S -4 MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: May 18, 2005 SUBJECT: EverCare Senior Living Public Hearing The resolution before the City Council calls for a public hearing on June 13, 2005 for Council consideration of a joint powers agreement with the Cities of Apple Valley, Moorhead and Fargo. The agreement would authorize the City of Apple Valley to issue tax exempt housing revenue bonds on behalf of EverCare Senior Housing LLC for the acquisition of four (4) senior housing properties. The property that EverCare intends to acquire in Brooklyn Center is the Prairie Lodge at Earle Brown Farm 6001- 6021 Earle Brown Drive). The complex is a 104 unit assisted living senior project. As noted, the resolution before the Council only calls for a public hearing on June 13, 2005. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR FINANCING ELDERLY HOUSING AND HEALTH CARE FACILITIES WITH TAX EXEMPT BONDS AND AUTHORIZING PUBLICATION OF A NOTICE OF THE HEARING (a) WHEREAS, Minnesota Statutes, Section 469.152 to .1651, as amended, relating to municipal industrial development (the "Act gives municipalities and economic development authorities the power to issue revenue bonds for the purpose of promotion, attraction, encouragement and development of economically sound commerce, preserving and developing a tax base adequate to finance necessary public services, and encouraging employment opportunities for the citizens of the municipality; and (b) WHEREAS, the City Council of the City of Brooklyn Center, Minnesota (the "City has received from EverCare Senior Living, LLC, a Minnesota limited liability company (the "Borrower a proposal that the City assist in financing a project hereinafter described, through the issuance of tax- exempt revenue bonds (the "Bonds and (c) The Borrower or a related entity proposes to acquire four (4) assisted living facilities, one of which consisting of 60 units is located 6001 -6021 Earl Brown Drive in the City and is known as Prairie Lodge at Earle Brown Farms. The other facilities are located in two other Minnesota municipalities and Fargo, North Dakota; and (d) Pursuant to Minnesota Statutes, Section 471.59, as amended, and comparable North Dakota law, Borrower, the City and the three other municipalities will enter into a joint powers agreement authorizing the Apple Valley Economic Development Authority, in the City of Apple Valley, Minnesota, to issue revenue bonds to simultaneously finance acquisition of all of the facilities; and (e) WHEREAS, before proceeding with consideration of the request of the Borrower, it is necessary for the City to hold a public hearing on the proposal. NOW THEREFORE, BE IT RESOLVED b the City Council of the City of Brooklyn Y ty tY Yn Center, Minnesota, as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the Notice of Public Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of Bonds to be issued to finance the proposal are described in the attached form of Notice of Public Hearing. 3. Drafts of documents related to the Bonds are on file in the office of the Community Development Director. RESOLUTION NO. 4. The City staff is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City, not less than 15 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. May 23. 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. RESOLUTION NO. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN CENTER I, the undersigned, being the duly qualified and acting City Clerk of the City of Brooklyn Center, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to calling for a public hearing on the EverCare Senior Living, LLC Project. i WITNESS my hand and the seal of said City this 24 day of May, 2005. City Clerk I NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF REVENUE BONDS FOR SENIOR HOUSING AND HEALTH CARE FACILITIES Notice is hereby given that the City Council of the City of Brooklyn Center (the "City will meet at the City Hall, 6301 Shingle Creek Parkway, in the City, at 7:00 p.m. or as soon thereafter as the matter may be heard on Monday, June 13, 2005, to consider the proposal of EverCare Senior Living, LLC, a Minnesota limited liability company (the "Borrower that the City undertake to finance a project hereinafter described pursuant to Minnesota Statutes, Section 469.152 -1651, by the issuance of one or more series of tax exempt revenue bonds (the "Bonds The Project consists of the acquisition of four (4) assisted living facilities located at (a) 14615 and 14625 Pennock Avenue, in the City of Apple Valley, Minnesota, known as Centennial House of Apple Valley, consisting of 60 units, (b) 6001 -6021 Earle Brown Drive, in the City known as Prairie Lodge at Earle Brown Farms, consisting of 104 units, (c) 502 and 512 Third Avenue South, in Moorhead, Minnesota known as The Evergreens of Moorhead, consisting of 33 units and (d) 1401 -1411 West Gateway Circle in Fargo, North Dakota, known as The Evergreens of Fargo, consisting of 66 units. The Project will be owned by the Borrower or a related entity and operated by a Ecumen Services, a Minnesota nonprofit corporation, or a related entity. The maximum estimated principal amount of the Bonds to be issued by the Apple Valley Economic Development Authority "Apple Valley to finance the Project is approximately $22,000,000. The Bonds if and when issued will not constitute a charge, lien or encumbrance upon any property of Apple Valley or the City except the Project and such obligations will not be a charge against the general credit or taxing powers of Ap e v alley or the City but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement. A draft copy of the proposed housing program is available for public inspection beginning during normal business hours, Monday through Friday, in the office of the City Community Development Director, in the City Hall. At the time and place fixed for the Public Hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Written comments will be considered if submitted at the above City office on or before the date of the hearing. (By Order of the City Council) City Council Agenda Item No. 9a f :a'i�,, It IE'[f l #lt'�`... S��f_ "`ETA' ��1�'�5�� -'_"f•�}��.7�#! a m Allmmill IM Mj�� e 4l III 20 05 L tl -lt y _m p rovements Neighborhood Improvement Program s 4 Y` 1.{ 4 009 Capital f' ii s F i ent Program, r g x, ti Year of Reconstruction Completed 2005 2006 Miles of Total 2007 Completed to Date 54 50.5 2005 -2010 26 24.3 2008 Under 2011-2018 27 25.2 Totals 107 100.0 2010 Study 2010 City of Brooklyn Center +a /400RLYN Project Limits i i r I� Twin Lake Avenue ble and Dewatering to Superfund Site Soils and Geotechnical Issues tructures Adjacent to the Roadway pply System Loop Water Main, Outside of ROW rvices North of Lakebreeze Ave. Gro undwater L Av ati uring Construction Twin Lake Av 8 53.0 0 4806 Tw in Lake Ave. 852.50 1►•— 4740 Tw in Lake Ave. 862.00 851.50 d1 8 51.0 0 {u 850.50 w 850.00 3 849.50 3 849.00 7 848.50 (D 848.00 847.50 M mdnn Groundwater Level) 847.00 to Allow Construction: 848.0 e n a d r+ a a a v with rrin d 4 p_ O O O O O e O O 2 O O O O O O m N t N N N N Date w 8 Lake Breeze Ave Lakeside Drive 8 8 Ground Surface Approximate Groundwater Elevation 8 Proposed Water Main Proposed Storm Sewer North I Sands Swamp Deposits I ake Ave. South of Lake Breeze (4700 block) rb Gutter, and Driveway Aprons w Storm Sewer and Water Main Open Trench 11 Section Street Replacement i 02 Assessment Rates ake Ave. North of Lakebreeze (4800 block) lace Water Main Horizontal Directional Drilling lace two Storm Sewer Catch Basins ch and Overlay Street Special Assessments V!I Assessments (2002 rates) 38 drainage Assessments (2002 rates) 13 Utility Fund 283,800 Sewer Utility Fund 101,600 Construction Fund 456,300 ssessment Rates: $2,400 (street) $790 (Storm) ssessment Rates: $2,876 (street) $975 (Storm) Petition to Vacate Roadwa s z Twin Lake Avenue i I i borhood Meeting May 25, 2005 ility Report June 13, 2005 Final Design June 14, 2005 Hearing July 11, 2005 t Bid Opening August 3, 2005 onstruction August 22, 2005 antial Completion October 31, 2005 City of Brooklyn Center A Millennium Community OX V MEMORANDUM DATE: June 6, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project No. 2005 -05, Contract 2005 -G, Twin Lake Avenue Neighborhood Street, Storm Drainage, and Utility Improvements On February 14, 2005 the City Council established the Twin Lake Avenue Neighborhood Street, Storm Drainage, and Utility Improvements project by Resolution 2005 -31. This action was taken in accordance with the 5 -year Capital Improvement Program, which identifies Twin Lake Avenue for street and utility reconstruction in 2005. The attached feasibility report provides a summary of the project evaluation and preliminary layout for street and utility improvements. The proposed improvements generally include replacement of watermain and storm sewer as well as construction of curb and gutter, concrete driveway aprons and new pavement along the portion of Twin Lake Avenue located south of Lakebreeze Avenue. Concrete curb and driveway apron construction is not proposed for the portion of Twin Lake Avenue to the north of Lakebreeze Avenue. Construction of curb and driveway aprons along the north portion of the roadway would require soil correction work that would substantially increase the cost of the project as further described in the report. The report includes a summary of a public information meeting was conducted on May 25, 2005. The purpose of the public meeting was to provide project information to residents within the project area and gain additional input from the public. The informational meeting was generally positive in nature with the majority of questions and concerns relating to special assessments, project schedule and access issues. At the public meeting, the owners of three properties along the north end of Twin Lake Avenue submitted a petition to City staff requesting that the northern portion of Twin Lake Avenue be vacated as public right -of -way. A copy of the petition is included in Appendix D of the report. 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 It is recommends that the Council take no formal action on the petition until staff and the City Attorney have reviewed the matter and prepared a report summarizing the issues associated with a the vacation of the roadway. The project cost is estimated to be 894,033.00. Funding sources for the project are proposed from a variety of sources as described in the feasibility report and as listed below. Special Assessments 52,346.31 Water Utility 283,752.00 Storm Sewer Utility 101,628.50 Street Construction Fund 456,306.19 Attached for consideration is a City Council resolution to receive the Engineer's Feasibility Report, and to call for a public hearing on July 11, 2005 to consider approval of the project. Legal notice would then be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via certified mail Member introduced the following resolution and moved its adoption: Pt RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2005- 05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2005 -31 directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Twin Lake Avenue Neighborhood; and WHEREAS, said feasibility report recommends that the proposed improvements be considered; and WHEREAS, the costs have been estimated for the proposed street, utility and storm sewer improvements along Twin Lake Avenue; and WHEREAS, it is proposed to assess a portion of the cost of the street and storm drainage improvements against properties within the project area; and WHEREAS, the estimated project cost is estimated to be 894,033.00 and the project funding sources are currently estimated to be: Street Special Assessments 38,902.81 Storm Drainage Special Assessments 13,443.50 Water Utility $283,752.00 Storm Sewer Utility $101,628.50 Street Construction Fund $456,306.19 Total $894,033.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer's Feasibility Report is received and accepted. 2. A hearing shall be held on the 11 day of July, 2005, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all personr, owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. i RESOLUTION NO. 4: 3. The City Clerk is directed to cause a notice of the hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 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 6301 SHINGLE CREEK PKWY 31 BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 763 -569 -3340 FAX: 763 -569 -3494 ENGINEER'S FEASIBILITY REPORT FOR TWIN LAKE AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS IMPROVEMENT PROJECT NO. 2005-05 INCLUDING TWIN LAKE AVENUE AND LAKEBREEZE AVENUE IMPROVEMENTS JUNE 2005 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that 1 am a duly licensed Prof ?s.c nal En r under the laws of the StatE of s, eta eg No. 4677 v n D. Parotti P.E. June 13, 2005 SEH Feasibility Report Twin Lake Avenue Reconstruction Page I I. OVERVIEW The City's 2005 Capital Improvement Program identifies a street and utility reconstruction project on Twin Lake Avenue. This feasibility report presents a summary of the purpose, scope and estimated cost for these improvements. The locations of the improvements are shown on Figure 1 in Appendix A and further described as follows: Twin Lake Avenue from Lakeside Avenue to north terminus Lakebreeze Avenue from Twin Lake to approximately 250 feet east of Twin Lake Ave. This report was prepared in accordance with authorization given by City Council Resolution No. 2005 -31 directing staff to conduct a preliminary engineering study, prepare a feasibility report and collect public input as art of the project development process. Staff conducted a public information meeting for the P P J P g P p Twin Lake Avenue project on May 25, 2005. At the time this report was written, no written comments had been received from the public. A list of items discussed at the neighborhood meeting are included Appendix C. II. PROPOSED IMPROVEMENTS A. Twin Lake Avenue Twin Lake Avenue is a local street that provides access to adjacent residential properties and Twin Lake Park. Twin Lake Avenue is also located immediately south of the former super fund site known as the Joslyn site. This street was originally planned for reconstruction in 2002 as part of the Southwest Neighborhood Street reconstruction project. The 2002 reconstruction plans included sanitary sewer repairs, water main replacement, storm sewer replacement, and street improvements. In 2002 portions of the storm sewer were installed and sanitary sewer repairs were made. However, rising groundwater levels prevented the replacement of the existing water main at that time. High groundwater requires dewatering to permit the installation of the proposed water main which is normally installed 7 feet below the surface of the street. Since contaminated groundwater is know to exist under the super fund site, dewatering near that site has the potential of drawing contaminated groundwater toward the dewatering operation associated with the Twin Lake Avenue reconstruction project. At that time the City felt that this risk warranted more study g g before authorizing dewatering. Therefore, the contractor was instructed to install as much storm sewer as possible without dewatering, make the sanitary sewer repairs and install temporary bituminous surface. The City elected to postpone the remaining work until groundwater levels could be accurately monitored and impacts to construction evaluated. The City has been monitoring groundwater levels since Apri12003 and has been working with the MPCA, the Joslyn Corporation, Barr Engineering (Joslyn's Engineer) and the City's project engineer, Short Elliott Hendrickson to evaluate alternatives to safely construct the water main and remove poor soils in Twin Lake Avenue. A combination of groundwater pumping on the super fund site and localized dewatering on Twin Lake Avenue will be coordinated to prevent potentially contaminated groundwater from leaving the super fund site. As a further precaution, unsuitable soils closest to the superfund site, which are to be removed from beneath Twin Lake Avenue, will be hauled to a licensed landfill. A certified environmental scientist will also be present to observe the excavation activities to ensure materials are being handled appropriately. Standard construction methods will be used south of a point approximately 150 feet south of the super fund site. Feasibility Report Twin Lake Avenue Reconstruction Page 2 Soil borings have also revealed as much as 23 feet of swamp deposits (peat) beneath the portion of Twin Lake Avenue which lies north of Lakebreeze Avenue. This segment of road provides access to three apartment buildings, five single family homes and two vacant, single family lots. Complete removal of this material would be very costly and would put existing garage structures at risk of damage during construction. Since assessments are based on a percentage of street and storm sewer improvement costs, assessment rates would increase with the added construction costs. As an alternative, staff recommends the following: 1. Lakebreeze Avenue should receive a "typical" reconstruction which will include removal of existing swamp deposits to a depth of approximately 6 -feet. The peat should be replaced with lightweight aggregate to provide a more stable foundation for the street and the trunk storm sewer line leading to Twin Lake. Lakebreeze Avenue would receive concrete cub and gutter and new bituminous pavement. 2. Twin Lake Avenue south of Lakebreeze Avenue (the south segment) should also receive a "typical" reconstruction. Soil borings have found that some peat does exist beneath this segment but in quantities that can be more economically removed. Therefore, the peat should be removed and replaced with lightweight aggregate before the street receives concrete cub and gutter and new bituminous pavement. 3. Twin Lake Avenue north of Lakebreeze Avenue (the north segment) should remain undisturbed to the greatest extent possible. Once the water main and services have been installed, this segment should be graded to improve drainage and paved with new bituminous pavement. Under this scenario, peat would not be removed and no curb and gutter or concrete aprons would be installed. It is expected that the street will heave and settle slightly with the changing groundwater levels. Any concrete installed (ie. curb and gutter, aprons) would likely require significant maintenance costs over the life of the street. The bituminous pavement is more flexible than concrete and can better tolerate some movement in the street surface. The above recommendations would provide for the required water main replacement (discussed below) storm sewer replacement and drainage improvements while avoiding costs associated with complete peat removal. Residents of Twin Lake Avenue have also reported drinking water quality issues resulting form the deteriorating cast iron water main. The existing water main is located in City right -of -way south of Lakebreeze Avenue and within a utility easement on private property north of Lakebreeze. The project will abandon water main pipe located on private property, and install new water main in the City -owned right -of -way. Since the water main north of Lakebreeze Avenue will be installed, in part, in the existing peat beneath the road, a more flexible high density i e will be used in this area. This t g YPP YP e of pipe will be more forgiving when shifting occurs in the surrounding swamp deposits. Water main south of Lakebreeze will also be removed and replaced with the City standard ductile iron pipe. P Y PP Water services will also be replaced. To minimize disturbance to private property, new water services will be installed from the new water main to the buildings north of Lakebreeze Avenue. Water services south of Lakebreeze will be installed to the right -of -way line as is the standard for other City water main replacement projects. B. Lakebreeze Avenue The majority of Lakebreeze Avenue was reconstructed in 2002. From at point approximately 250 feet east Feasibility Report Twin Lake Avenue Reconstruction Page 3 of Twin Lake Avenue to Azelia Avenue South, has already received new storm sewer, water main and sanitary sewer repairs. This project will include the remainder of Lakebreeze Avenue which includes the westerly 400 feet, including the Twin Lake access ramp. This section of Lakebreeze Avenue will receive new water main, storm sewer, curb and gutter and street paving. The storm sewer replacement will include a new outfall to Twin Lake at the access ramp. Much of the required reforestation took place following the completion of the 2002 project. If additional trees are removed under this project, reforestation will take place following completion in 2006 C. Resident Petition to Vacate a Portion of Twin Lake Avenue. A petition to vacate the north 150' of Twin Lake Avenue has been submitted to the City at the neighborhood meeting held on May 25, 2005. The proposed vacation would necessitate the recording of cross access easements for access to each parcel which would be land locked as a result. A utility easement must also be granted to the City for the operation and maintenance of the water main under this plan. The version of this petition available at time this report is being written only contains three signatures of the five that would represent all property owners affected. A copy of the petition has been included in Appendix D. III. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated construction cost for all proposed improvements listed above is $709,567. Table 1 (see Appendix B) provides a summary of the estimated project costs. Funding for the project is available from several sources as described below. A. Twin Lake Avenue (South Segment) Since the property owners on this segment of the project were originally included in the 2002 SW Neighborhood project, it is recommended that the 2002 assessment rates to this portion of the project. The R1 (Single Family) zone rate for 2002 is $3,150. B. Twin Lake Avenue (North Segment) Because these property owners are not receiving a street constructed to current City standards, this segment is only receiving water main improvements. Therefore, it is recommended that the City wave special assessments for these properties for the work to be completed under this project. On this basis, it is estimated that special assessments would be levied for street improvements as indicated in the preliminary assessment role included in Appendix E. The remaining street, storm drainage, water main and sanitary sewer costs would be funded from the Storm Sewer Utility, Water Utility and Sanitary Sewer Utility respectively as indicated in Table 1. Feasibility Report Twin Lade Avenue Reconstruction Page 4 Recommended Twin Lake Avenue Project Schedule June 13 City Council receives feasibility report, declares cost to be assessed, and calls for public hearing. July 11 Public Hearing, City Council authorizes the project, approves plans and specifications, and authorizes Ad for Bids. August 3 Bid opening. August 8. City Council awards contract. August 22 Start construction. October 31 Construction Substantially Complete. Conclusion The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare, and economic health of the entire City. As a result of the infrastructure needs described, and the proposed solutions and estimated costs described in this report, the proposed project is considered to be necessary, cost effective, and feasible. Feasibilir) Report Twin Lake Avenue Reconstruction Page 5 Appendix A Drawings Feasibility Report Twin Lake Avenue Reconstruction Page 6 I 0 55th j 55th A m z 54th AV° 53rd PL- 53rd AVE. N. z IW�� I n P X Q e a z z 52 nd AV E. N. a z w w w 100 OAK ST. i a off° 51st o AVE. N. 38. LAKESIDE PL. w w w u 50 th AVE. a PROJECT �o LOCATION w �P m a Q U Q m a 49th q a w LAKE BREEZE AV w Q W L11 a w 48th Q AVE. fl� Q� LAKE SIDEQ z 47th w AVE. z 2 A V E' 46th o Q 6\/E. a N. z� FILE N0. TWIN LAKE AVENUE ABROCT0503. 00 RECONSTRUCTION Figure D ATE PROJECT LOCAT SEH 6/11 3/05 BROOKLYN CENTER, MINNESOTA 1 Appendix B Cost and Funding Summary Feasibility Report Twin Lake Avenue Reconstruction Page 7 Table 1: Cost and Funding Improvement Project Nos. 2005 -05 Eng Est Twin Lake Avenue Neighborhood Improvements Water Storm Estimated Streets Main Sewer Total Estimated Expenditures Estimated Construction Cost $407,150.001 $225,200.001 $77,200.001 $709,550.00 Contingencies (10 $40,715.001 $22,520.001 $7,720.001 $70,955.00 Administration, Engineering Legal $65,144.001 $36,032.001 $12,352.001 $113,528.00 Total Estimated Project Costs (Feasibility) $513,009.00 $283,752.00 $97,272.00 $894,033.00 Estimated Revenue Street Assessments ($2,806 /unit) 1 $38,902.811 1 1 $38,902.81 Storm Drainage Assessments ($892 /unit) 1 1 $13,443.501 $13,443.50 Sanitary Sewer Utility Fund 1 $0.00 Water Utility Fund $283,752.001 1 $283,752.00 Storm Sewer Utility Fund $17,800.001 $83,828.501 $101,628.50 Street Light Utility Fund 1 1 1 $0.00 Street Construction Fund 1 $456,306.191 1 $456,306.19 Municipal State Aid 1 1 1 $0.00 Total Estimated Revenue (Feasibility) $513,009.00 $283,752.00 $97,272.00 $894,033.00 Notes Curb gutter drainage improvement costs allocated to storm sewer utility Appendix C Items Discussed at Neighborhood Meeting Feasibility Report Twin Lake Avenue Reconstruction Page 8 J SEH MEETING MINUTES Re: CITY OF BROOKLYN CENTER Date of Meeting: MAY 25, 2005 TWIN LAKE AVENUE RECONSTRUCTION NEIGHBORHOOD MEETING Project Manager: John D. Parotti Time of Meeting: 6:30 p.m. SEH No.: A- BROCT0503.00 Location of Meeting: Brooklyn Center West Fire Hall The following items were discussed at the above referenced meeting: 1) Assessments, are they fair? 2) Why is the project OK now but not in 2002? 3) How will dewatering affect the contaminated groundwater? 4) How will the assessments be calculated? 5) What will be done with the monitoring wells? 6) Can the utilities be put underground as part of this project? 7) Is Joslyn participating in the cost of this project? 8) Why weren't the groundwater elevations better understood in 2001? 9) How will the lawns be restored? 10) How long will parking and access to properties be affected? 11) Will the street widths change? 12) Will retaining walls be installed? If so, what kind of material will be used? 13) Can the residents have input as to whether a retaining wall is built? 14) Can the residents receive parking permits in advance of the project? 15) Can Xcel replace utility poles that are leaning? 16) What type of storm water treatment will be implemented? 17) Can the frequency of police patrols be increased? 18) Will the residents receive advance notice of the project starting? 19) How will the residents receive water service during water main replacement? 20) What could stop this project? 21) Can the sanitary sewer be moved from the easement on private property to the public right -of -way? 22) Can the right -of -way be reduced in width at the boat launch? spfilesl \spli \ae \broct \0503(H) \wor(I \minutes 050525.doc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax Appendix D Petition to Vacate a Portion of Twin Lake Avenue Feasibility Report Twin Lake Avenue Reconstruction Page 9 Proposal to vacate the dead end 150' of Twin Lake Ave. N We Dustin Harr. Darren Cook and Jeff Blanchette are proposing to vacate and purchase the end 150' of TWIN LAKE AVE N. This Street serves as an access to 3 homes, 1 house has their mailbox on it, and would be purchased for the price of $1. This street section would no longer need to be serviced by the city, and would save money overall in the reconstruction of this street. As we all know, this section of the road is in need of extensive reconstruction due to the material underneath the asphalt, and the addition of curb and gutter. By allowing this vacation to the road, it would save money for everyone. The home owners would not have to the assessment for the improved streets, the city would not have to re do the road, and the property would have bigger lots. With the bigger lots, it would make it easier to build multi family dwellings as it is zoned. With this alteration,_there would be a reduced tax assessment to the affected properties due to the fact that we would not have frontage on a- city road, and there would be no _construction of curb and gutter. Wewould still want to have the water line looped, and the fire hydrant moved, although with this sale there would be no responsibility of any contaminated soil removal at any later date if something like that was required. With the agreement of Toslyn Co., there would =be all parties with property this would affect in agreement. 4831 Twin lake Ave N. Dustin Harr 4825 Twin lake Ave N. Darrin Cook 4821 Twin lake Ave N. Jeff Blanchette 4816 Twin Lake Ave N Julie Ann Thompson End of Street: Joslyn M9G./9E)7Wdk4FhvS. er L q S.Y j: i y ti. i gi t �k� Nt1 �r ��1 i•Z t i K Q,:_� ,]yjY •may �K r i L i y'��,' i w •4 ��i y r.. j �(`�C�•�,l J ill T.•. j 'fir. A �l :i .t.F tt• Ayr Z t CD I MO Lau FJ LTI Ij .':fi +y r M. y. Ala ti•'s'J.! t F Jam, i Appendix E Preliminary Assessment Role Feasibility Report Twin Lake Avenue Reconstruction Page 10 a CITY OF BROOKLYN CENTER CERTIFIED ASSESSMENT ROLL 4/28/2005 TWIN LAKE IMPROVEMENTS IMPROVEMENT' PROJECT 2005 -05 REVISED 6 /06/05 PROPERTY ID ADDN ADDRESS LEVY STREET LEVY STORM 10- 118 -21 -32 -0005 14708/4712 TWIN LAKE AVE N I 16279 I $3,041.60 1 16280 1 $1,000.88 10- 118 -21 -32 -0037 1 14748/4752 TWIN LAKE AVE 1 16279 1 $3,602.56 1 16280 $1,185.47 10- 118 -21 -32 -0038 1 14740 TWIN LAKE AVE 1 16279 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0039 I 14734 TWIN LAKE AVE I 16279 $2,400.00 I 16280 1 $790.00 10- 118 -21 -32 -0040 1 14718 TWIN LAKE AVE 1 16279 I $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0041 1 14725 TWIN LAKE AVE I 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0042 1 14729 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0043 1 14741 TWIN LAKE AVE I 16279 1 $2,400.00 1 16280 $790.00 10- 118 -21 -32 -0044 1 14747 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0045 I 14753 TWIN LAKE AVE I 16279 1 $2,400.00 I 16280 I $790.00 10- 118 -21 -32 -0046 1 14759 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0047 1 14801 TWIN LAKE AVE 1 16279 1 $0.00 I 16280 1 $0.00 10- 118 -21 -32 -0048 I 14809 TWIN LAKE AVE 1 16279 1 $0.00 I 16280 1 $0.00 10- 118 -21 -32 -0049 1 14821 TWIN LAKE AVE I 16279 1 $0.00 1 16280 1 $0.00 10- 118 -21 -32 -0050 14825 TWIN LAKE AVE 1 16279 1 $0.001 16280 $0.00 10- 118 -21 -32 -0051 i 14831 TWIN LAKE AVE 1 16279 1 $0.001 16280 I $0.00 10- 118 -21 -32 -0058 1 INO ADDRESS 1 16279 $0.001 16280 I $0.00 10- 118 -21 -32 -0059 I ]NO ADDRESS I 16279 1 $0.00 16280 1 $0.00 10- 118 -21 -32 -0060 1 14816 TWIN LAKE AVE 1 16279 I $0.00 16280 1 $0.00 10- 118 -21 -32 -0061 1 14806 TWIN LAKE AVE 16279 1 $0.00 I 16280 1 $0.00 10- 118 -21 -32 -0062 1 14210 LAKEBREEZE AVE 1 16279 I $4,162.65 1 16280 I $2,009.55 10- 118 -21 -32 -0063 14216 LAKEBREEZE AVE N 1 16279 1 $0.00 1 16280 1 $0.00 10- 118 -21 -32 -0197 I 14715 TWIN LAKE AVE I 16279 1 $1,624.00 1 16280 1 $534.40 10- 118 -21 -32 -0198 1 14711 TWIN LAKE AVE 1 16279 I $1,624.00 1 16280 1 $534.40 10- 118 -21 -32 -0199 4705 TWIN LAKE AVE 1 16279 1 $1,624.00 1 16280 1 $534.40 10- 118 -21 -32 -0200 4701 TWIN LAKE AVE 1 16279 I $1,624.00 16280 I $534.40 I I I I i I 1 TOTALI 1 $38,902.811 1 $13,443.50 I I I I I I Page 1 City Council Agenda Item No. 9b City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 19, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works 1 K� SUBJECT: Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project No. 2005 -05, Contract 2005 -G, Twin Lake Avenue Neighborhood Street and Storm Drainage Improvements Assuming the City Council has accepted the Engineer's Feasibility Report for the Twin Lake Avenue neighborhood improvements, it is recommended that the City Council also call for a public hearing to consider the proposed special assessments to be levied in conjunction with this project. A resolution has been prepared that declares the cost to be assessed for the Twin Lake Avenue Project and calls for a public hearing on the proposed special assessments on July 11, 2005 immediately following the improvement hearing. Staff recommends that the Council consider holding the special assessment hearing immediately following the project hearing. The purpose of holding the special assessment hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are known prior to entering into a construction contract or issuing bonds to finance the assessed portion of the project. As outlined in the feasibility report, staff recommends that the properties located adjacent to Twin Lake Avenue and south of Lakebreeze Avenue as well as one property located on Lakebreeze Avenue be assessed using the 2002 special assessment rates as established by the City Council by Resolution No. 2001 -165. Properties located adjacent to Twin Lake Avenue and north of Lakebreeze Avenue are not proposed to be assessed for proposed street and storm drainage improvements as described in the feasibility report. The total special assessments for this project are estimated to be $38,902.81 for street improvements and $13,443.50 for storm drainage improvements. The total assessment amounts were calculated based on a total of 16 properties being assessed. This includes 9 unit assessments for R1 zoned properties and a total of 7 assessments for R -2 zoned properties. Attached for City Council consideration is a resolution declaring cost to be assessed and calling for a public hearing on the proposed special assessments for Improvement Project No. 2005 -05, Twin Lake Avenue Neighborhood Street and Storm Drainage Improvements. 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 DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2005 -05, CONTRACT 2005 -G, TWIN LAKE AVENUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer's Feasibility Report for Improvement Project No. 2005 -05, Twin Lake Avenue Neighborhood Street and Storm Drainage Improvements; and WHEREAS, the total cost of the street and storm drainage improvement portion of said project is estimated to be $610,281.00; and WHEREAS, the City Clerk has prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for street improvements is declared to be 38,902.81. That portion of the cost to be assessed against benefited property owners for storm drainage improvements is declared to be $13,443.50. 2. A hearing shall be held on the 11`' day of July, 2005, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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. CITY, OF BROOKLYN CENTER GERT €F €ED ASSESSMENT RILL 4.12812005 TWIN LAKE: MIPROVEMENTS MP#1(1✓EME�I�` ROJECT 20 5-#t� REV €SED B /#?605 001m.." O# SR W. TO l....... 10- 118 -21 -32 -0005 1 14708/4712 TWIN LAKE AVE N 1 16279 1 $3,041.601 16280 1 $1,000.88 10- 118 -21 -32 -0037 1 14748/4752 TWIN LAKE AVE 16279 1 $3,602.56 1 16280 1 $1,185.47 10- 118 -21 -32 -0038 1 14740 TWIN LAKE AVE 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0039 1 14734 TWIN LAKE AVE 1 16279 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0040 1 14718 TWIN LAKE AVE i 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0041 14725 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0042 14729 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0043 14741 TWIN LAKE AVE I 16279 I $2,400.00 I 16280 I $790.00 10- 118 -21 -32 -0044 14747 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0045 14753 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 -21 -32 -0046 1 14759 TWIN LAKE AVE 1 16279 1 $2,400.00 1 16280 1 $790.00 10- 118 21 32 =0047 1" 14801 TWIN LAKE.AVE I. 16279. .I $0.00 1 16280: 1 $0:00: 10- 118- 21 -32- 0048 1 14809 TWIN LAKE AVE 1 16279" 1 $0.00 16280; 1" $0:Q0 10- 118 -21 -32 -0049 1 14821 TWIN"LAKE AVE 1' 16279 $0.00..1. 16280 I` $0.00 10- 118 -21 -32 -0050 1 14825' TWIN, LAKE AVE 1' 16279" $0:00 16280 1: $0.00: 10- 118 -21 -32 -0051 1 14831 TWIN LAKE AVE 1 16279 1 $0.001 16280 1 $0.00 10- 118 -21 -32 -0058 I INO'ADDRESS I 16279 1. ;$0100 1— l628,0, $0.00 10- 118- 21 -32- 0059 1'- INO ADDRESS 1'! 16279 1 $0.001 "162801 1 $0.00' 10- 118 -21 -32 -0060 I' 14816 TWIN LAKE AVE 1 16279" 1 $0.00 1 16280 I $0.00 10= 118 -21 -32 -0061 14806` TWIN LAKE AVE 1 1627 1, $0-0 16280_ I $0.00 10- 118 -21 -32 -0062 1 14210 LAKEBREEZE AVE I 16279 1 $4,162.65 1 16280 1 $2,009.55 10- .118 21 32 0063 1 14216'', LAKEBREEZE AVE N 1 16279.. 1 $0,00 1, 1628,0 1 $0.00' 10 118 21 32 0197 1 14715 TWIN LAKE AVE 1 16279 1 $1,624.00 1 16280 1 $534.40 10- 118 -21 -32 -0198 1 14711 TWIN LAKE AVE 1 16279 1 $1,624.00 1 16280 1 $534.40 10. 118 -21 -32 -0199 1 14705 TWIN LAKE AVE I 16279 1 $1,624.00 1 16280 $534.40 10- 118 -21 -32 -0200 1 14701 TWIN LAKE AVE I 16279 1 $1,624.00 1 16280 $534.40 1 1 TOTAL[ I $38,902.81 I I $13,443.50 Page 1 City Council Agenda Item No. 9c City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 8, 2005 TO: Michael McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Staff Report for Fremont Avenue and Lilac Drive Improvements On May 17, 2005, City staff conducted a neighborhood meeting at City Hall to present the potential street modifications to Fremont Avenue and Lilac Drive as directed by the City Council. Written notification of the meeting was mailed to 273 residents and property owners within the notification boundary as shown on the attached figure. Written notification of the meeting was also sent to the resident manager for the senior apartment complex and to Lang Nelson. The meeting was attended by approximately 30 area residents, a City Council Member, City staff and a representative of Lang Nelson. A majority of the attendees appeared to be from the single family or townhome residences within the study area. City staff provided a brief presentation of the street improvements that have been requested by Lang Nelson. A copy of the presentation slides are attached to this memorandum. Staff summarized the potential street improvements as illustrated in Option 2 of the report presented to the City Council on April 11, 2005. The following is a summary of the various questions and comments provided by residents at the neighborhood meeting. 1. Pedestrian Safety Concerns Several residents expressed concern regarding potential impacts to pedestrian safety if the roadway were modified to allow through traffic along Fremont Avenue and Lilac Drive. These concerns included the safety of younger school children walking through the neighborhood on their way to the Earle Brown Elementary School. Other attendees indicated that many seniors and area residents walk along Lilac Drive, which appears to be a fairly quiet street in its current configuration. 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 2. Neighborhood Traffic Concerns Residents provided several comments or questions regarding the potential changes in traffic that could occur as a result of the requested street modifications. Traffic concerns expressed at the meeting consisted of two basic issues: 1) the street connection would change the quiet character of the neighborhood; and 2) the street connection would provide a short cut through the neighborhood for drivers traveling to the school/park area or drivers wanting to avoid Dupont Avenue. Two residents at the meeting indicated that they would like the improved traffic accessibility for emergency vehicles responding to calls within the neighborhood and at the senior apartment complex. 3. Speed Control Issues Some residents suggested that passive traffic calming measures should be included in the design such as a small traffic circle or speed bumps. Staff discussed the challenges of speed bumps within public streets and the limited amount of public right -of -way to construct a full traffic circle. One resident suggested a small traffic circle or planter be placed within the proposed intersection similar to some applications in Minneapolis or other communities. 4. Funding Sources and Other Options Residents asked if the project would involve special assessments as a method of funding the requested improvements. Staff indicated that special assessments against single family and townhome properties were not being recommended to the Council at this time. Another resident commented that public money should not be used to fund the requested street modifications. Residents questioned if the connection between the two buildings could be constructed on private property (Lang Nelson property). Staff briefly discussed the option included in the April 11 City Council report showing the roadway connection on the Crossings Senior Apartment site. A representative from Lang Nelson discussed the various difficulties with constructing the private driveway connection. r' 9 L L 6. M L 4 Lf. t I I L t r�-,a s 1 i r- L A p T- LLE t h I U Z Go v U a a O g �s N NOSb3VG go 1 j1 I I I II I I II T i i 11 1111 11101 t\\\�\♦\\\\\\\\ m 3 z 1Sp \q I j1 1z I N i 4rr4N4 I /III 1; 'f�. w c 111 nwr. Ali �t 11 I 1 1 11 rr i r v r i i Purpose Background rhood Development 1950s sidential Development Street Modifications hool /Park Improvements Street Modifications Conditions ted Street Modification ed Improvement Costs and Funding ns and Discussion y y N... WE I MWANEW ved Request for Street Improvements 2003 I Discussions with City Council in February 2004 al Neighborhood Meeting by Lang Nelson rdered the Preparation of an Engineering Report mmarized the Evaluation of Various Options scussed Report with Applicant on April 11, 2005 it Directed Staff to Meet with Neighborhood Residents it Comments and Input on the Requested street modifications 9 hborhood Development —Aerial Photo t Avenue Connected with 62nd Avenue Reconstructed with Interchange at 1-94/694 rive Extended North lopment and Street Improvements S &U Plans of Multifamily Development nt Avenue was terminated south of 62nd Avenue a 41 z Y n MW WOW W N" Wr W r �s `$n grxk s 9 a r 4�� n JIM F I A A t 1 s t a r ^g A r e A Q AWNS d ell 09"AJV i NU .,x Rr 7 s a-� i soma z a n13-4 Room, INS 2 8 �3� --Sy, Aft. 83PF,i a�, 1 fix' ga�"� a W sg z i Fk Py r.y i c. l r3 axt F 1'�'x "P.n K a h a F Y 1 t kq Ha Val w, l k r s c t FIEN— N7 tae °rR a Egg 0, M R d �".k �r F? e a +t3 Y..caA�'asy H �#d 3 •rte' s t x e 6 t». i1h73.Q`tHk`+H. a r. 4k tr�aiw zip R"'"� s ROME S� hk P ,3'a s �v two s A, Q W 4 n t if •"pa' �{r^+.e r ak '''"t 4,a 3 y, 4A� 2 z m u.± mo .11 Mang a1 Mml 3. awl 03 is gy a y w i t isms SR13 Z 1251F �Y� t� �r s pu h s rr ,,,f,a r��:� '.v y14 m rv�a. 1,>, s. y t,'`a r;�" ..Ia'e... ..0 t 3 rae s 1 -3 1 5 x "i' �t 1 s�ZVv' ,x� „SRO' ;��i� +''a e �Y e �E� 87 rr� F.�, 5� `tea 5 r�jgi� WWI V y a. °u 1` ,k E g� g'� 3.�, -d 4 7 j a>x Em Ig,a2 F rr's"S t an 4 +t &,e W t r Y.' A 1 A i e .urn x: q -H s*, t WARD N 41 4 1 s tSr C e N r I jr �z i ,3 x t .,an „stet En"S'hz z 1 If bs S l 3 it!"� rya X, "q x a 1� �,�0 I r'v`� 'kit 3 'w :�xs� x m r ,fie" xn t.. e F '�„r' 1 s f`fE r2S 15 s for Street Modifications f; Y In 5 ated Cost for Option 2 $59,800 ouncil is in the process of discussing a cost sharing ment with Lang Nelson truction cost estimate was confirmed during bidding for Neighborhood Street and Utility Improvement Project City Council Agenda Item No. 9d MEMORANDUM TO: Michael J. McCauley, City Manager N FROM: Tom Bublitz, Community Development Specialist /I J SUBJECT: Report on Recommendations from Housing Commission Regarding an Ordinance Relating to Rental Dwellings and Non Conforming Uses; Amending City Code Sections 12 -901, 12 -902 and 35 -111 DATE: June 7, 2005 At the March 28, 2005 City Council meeting the City Council referred the above titled ordinance to the Housing Commission for review and comment. Review of the proposed ordinance was on the Housing Commission's April 19, 2005 meeting agenda. A quorum of the Housing Commission was not present at the April 19, 2005 meeting. Review of the proposed ordinance was on the Housing Commission's May 17, 2005 Housing Commission meeting agenda. A quorum was present at the May 17, 2005 meeting but the Commission considered other business at the May meeting which did not allow time for consideration of the proposed ordinance amendment. At the end of the May Housing Commission meeting, the Commission set June 6, 2005 as a special meeting date to consider the ordinance amendment. The Housing Commission met on June 6, 2005 to consider the proposed ordinance amendment. A quorum was present at the June 6 meeting. After review and discussion of the proposed ordinance, the Housing Commission unanimously approved the following recommendations /amendments: 1. Duplexes that are occupied by its owner and/or persons who qualify for a relative homestead status should not be required to obtain a rental license. Persons qualifying under this provision would be required to complete a certification indicating their relationship regarding homestead or relative homestead status. The Commission believes qualifying relatives living in a duplex should not be required to obtain a rental license. In making this recommendation, the Commission believes the City should not be concerned whether or not persons who qualify for a rental license exemption based on relative status actually make any type of payments to the relative who is the owner of the duplex. 2. In situations where a duplex owner occupant has non related occupants living in one half of the duplex and not paying rent or other consideration, the Commission recommended that these persons should not be required to obtain a rental license but would be required to complete a certification as required by the current proposed ordinance. 3. The Commission recommended that if there is a formal rental agreement executed between qualifying relatives in a duplex, then these persons should be required to obtain a rental license. In this recommendation, the Commission believed that a written rental agreement created an explicit landlord/tenant relationship even if the owner and tenant were related. A copy of the original proposed ordinance amendment is included with this memorandum. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 11 day of July, 2005, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to rental housing and to non conforming uses. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO RENTAL DWELLINGS AND NON- CONFORMING USES; AMENDING CITY CODE SECTIONS 12-901,12-902 AND 35 -111 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 12 -901 of the Brooklyn Center City Code of Ordinances is amended as follows: Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two types of licenses: regular and provisional. Provisional licenses are defined in Section 12- 913. An owner of a duplex dwelling that is beina occupied but is not being let for lease or rent is not reauired to secure a rental dwelling license provided such owner files with the City a certification. in a form provided by the City. that no rent or any other consideration is being paid. given or provided. directly or indirectly. by or on behalf of the occupants to the owner. The owner shall provide such additional information in sups_ ort of such certification as may be reauired by the Compliance Official. 2. License Term. Regular licenses will be issued for a period of two years. Provisional licenses will be issued for a period of six months. All licenses, regular and provisional, will be reviewed every six months after the beginning of the license term to determine the license status. 3. License renewal. License renewals shall be filed at least 90 days prior to license expiration date. Within two weeks of receipt of a complete application and of the license fee required by Section 12 -902, the Compliance official shall schedule an inspection. No application for an initial or renewal license shall be submitted to the city council until the Compliance official has determined that all life, health safety violations or discrepancies have been corrected. 4. Condition of License. Prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the city owned by the license holder. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. ORDINANCE NO. Section 2. Section 12 -902 of the Brooklyn Center City Code of Ordinances is amended as follows: Section 12 -902. LICENSE FEES. License fees, as set forth by city council resolution, shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall be charged operators of rental dwellings. Once issued, a license is nontransferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a license. the fee shall be refunded after deducting the costs of inspection and anv other costs and expenses incurred by the Citv in connection with receiving and processing the application. A fee, as set by city council resolution, shall be charged for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential properties. Section 3. Section 35 -111 of the Brooklyn Center City ode of Ordinances is Y amended as follows: Section 35 -111. NONCONFORMING USES. Unless specifically provided otherwise herein, the lawful use of any land or building existing at the time of adoption of this ordinance may be continued even if such use does not conform to the regulations of this ordinance, provided: 1. No such nonconforming use of land shall be enlarged or increased or occupy a greater area of land than that occupied by such use at the time of the adoption of this ordinance. 2. Such nonconforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this ordinance. 3. A nonconforming use of a building existing at the time of adoption of this ordinance may be extended throughout the building provided no structural alterations except those required by ordinance, law, or other regulation are made therein, and provided that no such extension in the floodway overlay zone shall result in increased flood damage potential. Excepted from the structural alteration limitation are single family dwellings, located in residential districts other than R1 and R2, provided any structural alterations or additions shall conform with the requirements of the R1 and R2 district, and the Flood Plain regulations as applicable. ORDINANCE NO. 4. If a nonconforming use occupies a building and ceases for a continuous period of two years, any subsequent use of said building shall be in conformity to the use regulation specified by this ordinance for the district in which such building is located. 5. Any nonconforming use shall not be continued following 50% destruction of the building in which it was conducted by flood, fire, wind, earthquake, or explosion, according to the estimate of the Building Inspector, approved by the City Council, unless application for a buildine hermit is made within 180 days of when the propertv is damaged. If a buildine permit is applied for. the Citv may impose reasonable conditions upon the buildina permit in order to mitigate anv newly created impact on adiacent propertv. 6. Upon the effective date of this ordinance, where there is a nonconforming use of land on a parcel with no structure or where three is a nonconforming use of land (such as storage of equipment and supplies), on which there is a conforming structure such use shall be terminated within two years following the effective date of this ordinance. 7. Nonconforming duplex properties in R1 districts shall lose nonconformine use status and must be brought into compliance with current code provisions if a two vear period elapses durine which the owners do not apply for a rental dwelling license or file the certificate reauired by Section 12 -901. Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2005. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underlininiz indicates new matter; stsiking thfeuo indicates deleted material.) MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffinan, Community Development Director DATE: March 24, 2005 SUBJECT: Amendment to Chapter 12 of the City Ordinances Currently there are approximately sixty plus duplexes and /or two family dwellings within Brooklyn Center. A significant number of these units are now nonconforming. It has been the practice to require the owners of these properties to maintain a rental license in order to preserve their rights to use the property as a duplex. Note that the properties were originally constructed as legal two family structures. It is nor uncommon that these properties are occupied by family members and no rent is being paid. If the owner does not maintain a rental license for a 2 year property they lose the right to use the property in the future as rental. This issue is further complicated by the sale of these properties to new owners with the intent of using the property as rental. The rental license costs a minimum of $375 if one side is rented and an addition $75 if both sides are occupied. Community Development has found the enforcement of the licensing provisions of Chapter 12 relative to these properties to be extremely time consuming and often contentious. It is contentious because of the costs of the license, the required inspection of the property and the likelihood of compliance orders being issued to properties that are not being rented and/or occupied by family members. Because of the inordinate amount of time we spend on a relative small number of properties, we believe that the proposed ordinance amendment would address most of these issues. The amendment would require the owners of such properties to annually certify to the City that they are not renting the property. Certification would be on a form developed by the City and they would not be assessed a fee. Rental properties would still be requires to obtain a license. Properties that have been certified as non rental, that are nonconforming will retain the right to use the property in the future and be sold as such. Other changes in the proposed amendments allow the City to recover expenses from the applicant's fee. The expenses are those associated with processing rental license applications including inspections when the application is withdrawn by the applicant. Also, the ordinance reflects current state law relative to the reconstruction of a nonconforming property. The owner of a building that at least 50 has been destroyed has 180 days to make application for a building permit. It would be the staff recommendation that the Council hold the first reading, set the date of the hearing for June 13,2005 and refer the issue to the Housing Commission to review and comment on for Council consideration at the June 13, 2005 Council meeting. CHARLES L. LEFEvERE Attomey at Law Direct Dial (612) 337 -9215 Email: clefevere @kennedy graven.com February 25, 2005 Brad Hoffman Director of Community Development City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Licensing of Duplex Apartments Dear Brad: You requested that I draft an ordinance exempting a certain duplex apartments from the requirement that rental licenses be secured. Licenses are required by Section 12 -901 for a "rental unit A "rental unit" is defined in Section 12 -201 as "a dwelling or dwelling unit let for rent or lease." Therefore, whether it is a single family residence or a duplex, no license would be required if the unit were not being rented or leased. For example, if a family chose to have an adult child live on the other side of a duplex, without the payment of rent, no license would be required under the current code. In the attached draft, I have not provided for an exception from the licensing requirement solely on the basis of family status. If an owner receives compensation for the rental of a unit, it seems to me that such a business operator should be responsible to provide decent, safe and sanitary housing for its customers and that the City would wish to assure this through the licensing process without regard to whether the customer was related to the business owner. If, however, you wish to provide for an exemption in the ordinance for a landlord renting a unit to a family member, let me know and I will amend the ordinance accordingly. It seems to me to make sense to require certification that one or more units of a duplex are not being rented on an annual basis so that the City will know promptly when a change in status has occurred that would result in a requirement that the owner secure a rental unit license. In the attached draft, such certification is required by paragraph 1 of Section 12 -901. A second aspect of the ordinance you requested was that such certification would be required for a non- conforming duplex to maintain its non conforming status. This provision is included in the attached ordinance in paragraph 7 of Section 35 -111. State law was recently amended to limit the CLL- 259761v1 BR291 -16 Brad Hoffman Ltr February 25, 2005 Page 2 circumstances under which a city can require that a non conforming use be brought into compliance. The change to paragraph 5 of Section 35 -111 brings it into compliance with the statutory changes. The statute, Minnesota Stat. 462.357, Subd.I(e), provides for a non conforming use abandonment period of one year. Current City ordinances provide for abandonment of non conforming use status after two years. I do not believe that it is necessary for the City to change the ordinance to a one- year period if it does not wish to do so. In paragraph 7 of Section 12 -901 in the attached ordinance, I have followed the two -year abandonment term. If you wish to have the ordinance amended to provide for a loss of non conforming use status after one year of abandonment, let me know, and I will amend the draft ordinance accordingly. Finally, you requested the addition of language authorizing the City to retain a part of license fees, when a license application is withdrawn, to cover City expenses. That additional language is found at Section 12 -902 in the attached draft. Please let me know if you have any questions or comments. Very truly yours, Charles L. LeFevere CLL:peb Enclosure CLL-259761vI BR291 -16 City Council Agenda Item No. 9e Cat o Brooklyn City f n y Cente r A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: June 8, 2005 SUBJECT: Update on Twin Lake Sediment Study Councilmember O'Connor requested that an update on the Twin Lake Sediment Study be placed on the Regular City Council Agenda. Attached is a report from the environmental consulting firm that is monitoring the situation for the City. At the previous update, information was provided regarding the study of fish collected from Twin Lake. As indicated in the latest report, the study of fish continues to be reviewed for validation. The report due date for this next phase is September of 2005. 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 i MEMORANDUM TO: Michael J. McCauley, City Manager City of Brooklyn Center FROM: Thomas H. Maiello, Angel Environmental Management, Inc. DATE: June 8, 2005 SUBJECT: Progress Update for Environmental Remediation and Assessment Joslyn Manufacturing Company Site, Brooklyn Center, Minnesota At the direction of the City of Brooklyn Center (City), Angel Environmental Management, Inc. (Angel) has continued to follow the progress of the environmental concerns related to the former Joslyn Manufacturing Company (Joslyn) site. On request of the City, Angel has prepared this progress update based on communications with representatives of the Superfund Section of the MPCA. Current areas of concern and regulatory attention are: 1. Joslyn's preparation of a study summarizing the potential impacts to fish from former Joslyn operations, 2, the development of a remediation work plan for the West Area, 3. a study to assess possible impacts to sediment In Twin Lake from Joslyn operations, and 4. off -site contamination recently reported along the south edge of the Joslyn site. 1. Progress of the fish studv The study of fish collected from Twin Lake is still being worked on by Joslyn's consultant. Laboratory data has been acquired and is now being validated, a standard procedure with such a study. The report is due in September 2005. Upon receipt of the data report, the interpretation of the data will rest primarily with the Minnesota Department of Health. The health department will assess whether fish caught in the lake are edible or if there a problem that could initiate a unique advisory regarding their consumption. 2. Update on the West Area remediation work plan The MPCA has reviewed the October 10, 2003 Barr report "West Area Remedial Investigation Report, October 2003" which presents the completion of the contamination assessment of that area. This information defines the adverse environmental impacts from past site activities on the West Area and are addressed through the contaminants of concern. Joslyn Update Memo Angel Environmental Management, Inc June 8, 2005 Page 1 of 3 With this information the MPCA is now performing a site specific ecological risk assessment for the West Area wetland and upland. Through an interagency effort they have recently issued Preliminary Remediation Goals (PRGs) that dictate the clean up requirements for the impacted soil to protect human and ecological exposure. The PRGs are presented in the attached "Preliminary Remediation Goals for the West Area of the Joslyn Manufacturing and Supply Company Superfund Site" June 1, 2005. The Human PRGs will stay preliminary until Record of Decision (ROD) for the site is finalized. These PRGs were presented to Joslyn last week for first time and the MPCA will be meeting this week with their consultant to discuss them. The numbers are very stringent and, while likely to be disputed, represents the MPCA's best effort for defendable and precedented clean-up levels. The numbers have been decreased in several cases to provide better protection. The PRG's can be summarized as follows. Human PRGs to prevent dermal contact, ingestion, inhalation exposure Dioxins and furans 35 ppt (parts per trillion) TCDD equivalent (based on the most toxic dioxin component) PCP decreased from 130 to 120 ppm (parts per million) to be more protective PAHs decreased from 4 to 2 ppm benzo- a- pyrene equivalent Ecological preliminary remediation goals Dioxin and furans decreased to 11.2 ppt TCDD equivalents (lower than traditional 35 ppt limit because they are based on the impact to organisms living in the soil and having higher exposure (best available research), taken from Canadian and Wisconsin models not based on traditional food chain models they are direct effect PAHs total —12.2 ppm PCP 785 ppb (parts per billion) at 1% organic carbon and goes up with increasing carbon to a maximum allowable carbon concentration that is under negotiation It is important to note that these stringent numbers are not precedent setting but have been used for at least 2 years in Wisconsin and have been used in Canada. They appear solid and defendable because after a 1 year update the numbers were not changed. The issuance of these stringent PRGs is a considered a major leap forward in the progress of the project from the MPCA perspective, however Joslyn has not yet reviewed or agreed to them. Joslyn and the public will be given the opportunity to give rationale for different numbers through the Superfund process. The final agreed to numbers will become the final remediation goals. In addition there are other unresolved issues such as making sure that the wetland correctly defined so that it can be properly restored. 3. Prowess on a lake sediment studv A decision to do a sediment study of the lake will be based on the fish data and the outcome of negotiations for preliminary remediation goals (PRGs) with Joslyn. The state Joslyn Update Memo Angel Environmental Management, Inc June 8, 2005 Page 2 of 3 has already collected a very limited number of sediment samples and determined that contamination is present in the lake sediments and, in their opinion, can be attributed to Joslyn. This is from at most two sediment sample cores from the lake adjacent to the Joslyn site and was used to determine the need for a fish or sediment study. This determination prompted the importance of the fish study. While the impacts to lake sediments are important, the fish study, the restoration of the West Area and a lake sediment study for Twin Lake need to be performed sequentially. The impacts or lack of impacts to fish will drive the extent and degree of a sediment study as will the progress of the restoration of the West Area. The restoration of the West Area will be a sensitive operation to the wetland area, the lake shore and adjacent lake area. Common sense dictates that a sediment study would follow its completion. 4. Off site contamination of the south side of the site Two weeks ago the MPCA received a report indicating that soil contamination from Joslyn operations was present off site on the lot just south of the Joslyn site and immediately east of the Twin Lake Avenue. The contamination is reportedly present in the peat sediments underlying the property. This area was formerly a low area swale which could receive backwater from the West Area during high lake water elevations. The area has since been covered with fill to its current horizon. Joslyn purchased this lot and the one immediately south of it early this spring. (This other lot was also sampled but contained no contaminant concentrations of consequence.) The contamination report indicates concentrations of dioxin elevated over 20 ppt dioxin beneath the first lot which are considered to be low levels. Additional assessment may be required and, if necessary, clean up could be necessary Joslyn Update Memo Angel Environmental Management, Inc June 8, 2005 Page 3 of 3 06/07/2005 13:01 FAX 651.2969707 MN. POLLUTION CONTROL Fool DEPARTMENT: POLLUTION CONTROL AGENCY STATE OF MINNESOTA Office Memorandum. DATE: June 1, 2005 TO: File FROM: David Douglas, Pmject Manager and John Betcher, Technical Anal Superfund Unit 2 Superfund and Emergency Response Section Majors and Remediation Division PRONE: 296 -7818 SUBJECT: Preliminary Remediation Goals for the West Area of the Joslvn Manufacturine and Supply Com Su perfund Site The following memorandum memorializes the human and ecological preliminary remediation goals (PRGs) for the West Area of the Joslyn Manufacturing and Supply Company Superfund Site in Brooklyn Center, Minnesota. t Human PRGs The future land use for the West Area has been determined to be industrial use. Although there are no new toxicity values for either pentachlorophenol (PCP) or benzo[a]pyrene (B[a]P), there are changes to exposure pathways (surface area, adherence factor) and chemical specific parameters (i.e., solubility, permeability, diffusivity). The following are the industrial land use human PRGs for the contaminants of concern (COCs): Dioxins /furans: The PRG is 35 parts per trillion (ppt) 2,3,7,8- tetrachlorodibenzo -p- dioxin (2,3,7,8 -TCDD; also known as TCDD) toxic equivalents (TEQs); ,arcinoeenic Poh uclear Aromatic Hvdrocarbons (&AHsI as a P c uivalents: The PRG is 2 parts per million; and PCP: The PRG is 120 parts per million (ppm). Aquatic and Terrestrial Ecological PRGs The following are the aquatic and terrestrial PRGs for the contaminants of concern (COCs): Dioxins /furaQ The PRG is based on the Canadian Sediment Quality Guidelines (CCME 2002). These guideline values are based on effects to aquatic organisms, but should also be reasonably protective for wildlife through food chain bioaccumulation. FMCYCLU PAPER Wr N A MANUUM OF 10% POaIr A WA9.E 06/07/2005 10 :51 FAX 6512969707 MN. POLLUTION CONTROL Q003 Threshold Effect Level (TEL) 0.85 ng/kg dry weight (dw) TEQs Probable Effect Level (PEL) 21.5.ng/kg dw TEQs The PRG is the midpoint between the TEI, and the PEL =11..2 nanograms/kilogram ng/kg or ppt) dw TEQs. PAHs This PRG is based on the total PA-H (TPAH) Aquatic life Sediment Quality Targets (SQTs) for the St. Louis River from Crane ct al. (2000). Level 1 SQT =1600 ug/kg dw TRAH Level II SQT 23000 ug/kg/dw'1PAH The PRG is the midpoint between the Level l and Level H SQTs 12200 ug/kg or 12.2 milligrams/kilogram (mpg /kg or ppm) dry weight (dw). PCP Sediment quality guideline (SQG) values were derived from the Minnesota Class 2B aquatic life surface.water standard (MN Rules Chap. 7050) using equilibrium partitioning and log Kew 4.1 (from the surface water standards worksheets). Chronic Std_ (CS)=5.5 ug/L (pH 7.0) SQG-CS 590 ug/kg at 1% organic carbon (OC) Acute Std. (MS) 9.1 ug/L (pH 7.0) SQG -MS 980 ug/kg at 1% OC The PRG is the midpoint between the SQG -CS and the SQG -MS 785 micrograms/kilo ram (ug /kg or ppb) dw at 1% organic carbon (OC), g [Note that the Wisconsin DNR usas the same equilibrium partitioning approach to derive a sediment guideline value for PCP from their surface water standards (WDNR 2003). The methodology follows New York State (NYSDEC 1999). Also Wisconsin DNR (WDNR 2003) has adopted the same dioxin/furau and total PAH values cited above as their recommended sediment quality guideline values). CIariilcation regarding use of the above -cited aquatic ecological PRGs as terrestrial ecological PRGs Because so little of the West Area is above the ordinary high water level and the terrestrial areas are floodplain forest immediately adjacent to the wetlands, the sediment PRGs can be used for all areas rather than developing separate terrestrial PRGs. References CCME (Canadian Council of Ministers of the Environment) 2002. Canadian Sediment Quality Guidelines for the Protection of Aquatic Life. Summary Table. Update 2002. htto /www.ccme.c 062.pf 06/07 /2005 10:51. FAR 6512969707 )IN. POLLUTION CONTROL Q004 Crane, J.L., D.D. MacDonald, C.G. Ingersoll, D.E. Smorong, R.A. Lindskoog, C.G. Severn, T.A. Berger, and L.J. 2000. Develcipment of a framework for evaluating numerical sediment quality targets and sediment contamination in the St. Louis River Area of Concern. U.S. Environmental Protection Agency, (great Lakes National Program Office, Chicago, IL. EPA -905- R -00 -008. httn: /www.nea. state. mn. us /water /sediments/sai- slraoc.vdf NYSDEC (New York State Department of Environmental Conservation). 1999. Technical guidance for screening contaminated sediments. Division of Fish, Wildlife and Marine Resources. Albany, New York. http: /www.dec. state. ny. us /websiLeldfv mr/habitat/seddoc.pdf Wisconsin DNR (2003). Consensus based sediment quality guidelines. recommendations for use application. Interim guidance. WT -732. Wisconsin Department of Natural Resources, Madison, WI. http:l/dnr.wi.gov/oTglaw/rr/technical/cbsqg—interim—final.pdf City Council Agenda Item No. 9f City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Las Niesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: June 8, 2005 SUBJECT: Discussion of 2006 Budget Councilmember O'Connor requested that discussion of the 2006 Budget be placed on the Regular City Council Agenda. 9 301 Shingle Creek Parkway Recreation and Communit y 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 AGENDA CITY COUNCIL \ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 13, 2005 Immediately Following Regular City Council Meeting at 7:00 P.M. City Council Chambers 1. Council Member Carmody: Discussion of Shingle Creek Watershed's proposed ad valorem tax for bank stabilization project in Brooklyn Park 2. Miscellaneous 3. Adjourn 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: June 8, 2005 Re: Work Session Items 1. Council Member Carmody: Discussion of Shingle Creek Watershed's proposed ad valorem tax for bank stabilization project in Brooklyn Park a. Council Member Carmody requested a discussion of the letter from the Watershed (a copy is attached) at the June 13` Work Session and whether to invite Grady Boeck to meet with the Council on June 27 for his perspective. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityo fbrooklyncenter. org WATERSHED MANAGEMENT -COMMISSIONS 3235 Fernbr ook Lane Plymouth, m outh MN y 55447 Telephone (763) 553 -1144 Fax (763) 553 -9326 May 25, 2005 Dear City Clerk, Member Cities: The Shingle Creek and West Mississippi Watershed Management Commissions propose the attached minor plan amendment to their joint Second Generation iVatershed Management Plan. This minor plan amendment would revise the existing CIP to provide more detail on one proposed project in that CIP and to amend its estimated cost and funding source. The Shingle Creek Commission also proposes to order construction of that improvement project. Pursuant to the Commissions' Joint Powers agreements, this letter er provides 45-day notice of a joint public 5 J p c hearing on the CIP amendment and proposed improvement project at the July 14, 2005 Commission meeting, to be held at 12:45 pm at the Commissions' usual meeting place, Edinburgh USA, 8700 Edinbrook Crossing, Brooklyn Park. This hearing will also serve as the public meeting required to be held to explain proposed minor plan amendments. Publication and legal notice of this hearing pursuant to Minnesota Statutes 10313.251and a project feasibility report will be submitted prior to the hearing date. Attached to this letter is a coov of the minor elan amendment notice to the Board of Water and Soil Resources. and Tables G -2 and from the Plan as nronosed to be amended This cover letter provides supplemental information, including information on the process as well as more detailed information on the specific project. Process The Commissions are proposing to take three separate but related actions simultaneously. All three actions require notice and a public meeting or a public hearing. More information about these proposals is presented below and in the attached notice of proposed minor plan amendment. 1. The first is consideration of a minor plan amendment to amend the Second Generation Plan CIP. Minnesota Rules provide that watershed management organizations may make minor amendments to their approved, adopted plans under the following conditions: The proposed amendment must meet certain standards to be considered minor. For CIP amendments, the CIP must have set forth the proposed improvements but either the detail was lacking or has changed. The Board of Water and Soil Resources (BWSR) must agree that the proposal is a minor plan amendment. If the amendment is to a CIP, the County must approve the revised project description, cost, and proposed funding. Hennepin County typically conducts a public hearing to consider whether to approve a revised CIP. To approve a minor plan amendment, the Commissions must first send copies of the proposed amendment to the affected cities, county, Metropolitan Council, and state review agencies for comment. The Commissions must then hold a public meeting to explain the proposed minor plan amendment. The Commissions may then consider comments and choose to act upon the amendment. Once adopted by the Commissions, the amendment is approved (subject to county approval if it is a CIP amendment). SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CRYSTAL MAPLE GROVE MINNEAPOLIS NEW HOPE OSSEO PLYMOUTH ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CHAMPLIN MAPLE GROVE OSSEO WATERSHED MANAGEMENT COMMISSIONS i 2. The second action is consideration of an improvement project. Under the authority of the Joint Powers Agreement and State Statutes 10313.251, the Shingle Creek Commission proposes to consider ordering the project described in detail below. This action requires 45 -day notice to the member cities and an improvement project hearing. A two- thirds majority of Commissioner votes is required to order a project. 3. Finally, the third action is the proposed certification of a tax levy to Hennepin County to fund 25 percent of the cost of the proposed project. Under the authority of the Joint Powers Agreement and State Statutes 10313.251, the Shingle Creek Commission proposes to fund its 25 percent share of the cost of the proposed project through a tax levy on all taxable property in the Shingle Creek watershed. This action requires an improvement project hearing. A two- thirds majority of Commissioner votes is required to order a project. Cities desiring to comment on the proposals may send written comments prior to the hearing to be entered into the record, may have a staff member verbally deliver city comments at the public hearing, or choose to have their Commissioner convey city comments. T� y Project Limits Proposed Project The Second Generation Management Plan CIP includes a? proposed $40,000 Shingle Creek Commission contribution to a project to be considered for 2005 called "Shingle Creek Greenway and Channel Improvements." This plan amendment I provides more detail for this project, which is proposed as the T T7 Flow ecological restoration of approximately 2500 feet of Shingle Creek in Brooklyn Park, from the Hampshire Avenue footbridge to Brooklyn Boulevard. The proposed project is currently in design, with a feasibility f rnn[d ouleva report expected June 20, 2005. The estimated project cost is $200,000- 400,000. Based on the preliminary design conducted to date, the Commission's technical advisors believe that $300,000 is a reliable planning figure. The proposed Commission contribution is 25 percent of that amount, or $75,000 based on the planning estimate. That figure may go up slightly or down based on the final cost estimate in the June 20 feasibility report. The current CIP assumed that the Commission's contribution would be funded by contributions from all nine member cities in accordance with the same formula used for the general city assessments. The Commission proposes in this revision to amend that to fundine from a one -time ad valorem tax levv. Thus, there would be no direct cost to the member cities from the Commission's share. The estimated cost to the owner of a $250,000 home in the watershed would be a one -time charge of $1.65. The City of Brooklyn Park would contribute the remaining 75 percent of the cost of the project. The project design is based on the -findings of the Shingle Creek Corridor Study. Shingle Creek is currently designated an Impaired Water for chloride and dissolved oxygen. It is almost certainly going to be designated an Impaired Water for impaired biota on the 2006 state 303(d) list. A TMDL will be prepared for dissolved oxygen in 2006. The expected biological impairment listing will also require a TMDL. The Corridor Study evaluated in a general way the types of issues that will be looked at in more depth in those SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CRYSTAL MAPLE GROVE MINNEAPOLIS NEW HOPE OSSEO PLYMOUTH ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CHAMPLIN MAPLE GROVE OSSEO WATERSHED MANAGEMENT COMMISSIONS TMDLs. Streambank erosion, lack of buffer zones, lacy; of in- stream habitat, "flashy" hydrology, and nutrient/sediment loading from the watershed were all identified as potential contributors impairments. The study recommended that ecological restoration and management principles be used to improve and manage the Creek and its corridor over the coming decades to address these impairments. It is the Commission's conclusion that the elements being incorporated into the final design of this Dr•oiect would benefit the entire watershed by Droactively addressing water auality and ecological inmair identified by the State's TMDL Droeram, improving Shingle Creek water quality and ecologic integrity in the following ways: The five -foot dam just upstream of the Brooklyn Boulevard crossing would be replaced by rock cross vanes. Grade and erosion control along the length of the project would be provided by the installation of approximately 15 cross vanes and 17 j- vanes. Rock vanes reduce bank erosion by deflecting �a flow into the center of the channel. They also encourage the creation of scour holes and m' mimic the riffle- structure found in natural streams. Turbulent flow over the vanes aerate the water. increasing dissolved I i oxygen. The vanes and pools provide habitat for macroinvertebrates, fish, and other aquatic life. (Above) Rock cross vane (Relnw) Rnck T -vane. x oa F h r FllM' Conceptual Cross Section, Shingle Creek T poli Buller 100 year elevation Plantcd Point bar L- 50Rcr A 20.70 i I l 1, )•Rock Inc I \.40Wenck Ne w l t C� le rd, zoos Exl5ting channel low -flow channel These rock vanes would divert flow into a new, low -flow channel that would be created in the bed of the existing channel. This channel would convey water during times of low flow, reducing stagnation and loss of dissolved oxygen. Where the new channel would at low flows expose streambed, that exposed area would be seeded with native wetland plants. Additional erosion control and bank stabilization would be provided by planting the streambanks with live stakes (budding branches) of willow and other low., woody vegetation. A vegetated buffer will be established on both sides of the creek, which for the most part are currently turf grass with scattered trees and some native plantings. This buffer will reduce nutrient loading from runoff and erosion, reducing algal blooms and increasing dissolved oxygen. The project area includes two wide areas >100' wide) with small islands. This project would divert low flows to one side of the island, creating a wetland backwater area on the other side of the island. The backwater area would provide habitat and refugia for aquatic life. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CRYSTAL MAPLE GROVE MINNEAPOLIS NEW HOPE OSSEO PLYMOUTH ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CHAMPLIN MAPLE GROVE OSSEO WATERSHED MANAGEMENT COMMISSIONS Thank you for your review of this proposed amendment and project. Please submit your comments to Mark Hanson c/o JASS at the watershed office. Questions may be directed to Ed Matthiesen P.E., Engineer for the Commissions, at Wenck Associates, 763 479 -4208. Sincerely, i Mark Hanson, City New Hope e P Chair, Shingle Creek WMC Gv� F:.V" Grady Boeck, City of Brooklyn Center Chair, West Mississippi WMC Cc: Commissioners SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CRYSTAL MAPLE GROVE MINNEAPOLIS NEW HOPE OSSEO PLYMOUTH ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK- CHAMPLIN MAPLE GROVE- OSSEO WATERSHED MANAGEMENT COMMISSIONS 3235 Fernbrook Lane, Plymouth, MN 55447 Telephone (763) 553 -1144 Fax (763) 553 -9326 May 25, 2005 Mr. Brad Wozney Minnesota Board of Water and Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 RE: Minor Plan Amendment Shingle Creek and West Mississippi Watershed Management Commission's Second Generation Watershed Management Plan Dear Mr. Wozney: The Shingle Creek and West Mississippi Watershed Management Commissions propose a minor plan amendment to the Shingle Creek and Rest MZSSiSSiDDi Second Generation YVatershed Management Plan (Second Generation PIan) to allow for the construction and funding of a stream restoration project brought forward by the city of Brooklyn Park to reduce erosion, improve water quality and increase habitat on Shingle Creek. The minor plan amendment would amend the Capital Improvement Program and Work Plan (Tables G -2 and G -3 of the Plan) to specify in more detail that the 2005 CIP project described as Shingle Creek Greenway and Channel Improvements is the project Shingle Creek Restoration, Brooklyn Boulevard to Hampshire in the city of Brooklyn Park, and to revise the Commission contribution from $40,000 to $75,000* to be funded from an ad valorem tax rather than the Commission assessments. Please note that while the Commissions completed a joint Management Plan and thus both Commissions need to amend the plan, only property in the Shingle Creek watershed would be subject to any ad valorem tax approved for this proposed project. The Commissions have called for a public hearing on July 14, 2005 to consider the proposed minor plan amendment, the CIP as amended by this project, and the proposed project. This letter provides notification of the proposed minor plan amendment and solicits comments from interested parties. Table 1. Proposed Minor Plan Amendment As Approved In The As Proposed In The Second Generation Plan Minor Plan Amendment 2005 Capital Project Shingle Creek Greenway and Shingle Creek Restoration, Brooklyn Channel Improvements Boulevard to Hampshire Commission Contribution $40,000 1 $75,000* Funding Source Commission assessments I Ad valorem tax J 'The Commission's intent is that 25% of the estimated cost of this proiect would be contributed by the Commission from the ad valorem tax levy. While the initial estimate is that this project would be in the 5200 410,000 range, the proiect is currently under design and a feasibility report and a revised cost estimate will be provided prior to the public hearing when formal notice is given in accordance with Minnesota Statutes 103B.251. This notice assumes a project cost of $300,000 and Commission share of $75,000. Brooklyn Park would fund the balance of the project cost. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CRYSTAL MAPLE GROVE MINNEAPOLIS NEW HOPE OSSEO PLYMOUTH ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CHAMPLIN MAPLE GROVE OSSEO WATERSHED MANAGEMENT COMMISSIONS Project Purpose The Second Generation Plan sets forth an action plan for the improvement of water resources in the two watersheds. Key to the action plan is the development of resource specific management plans. In 2004 -5 the Commission completed a Shingle Creek Corridor Study that identified specific on problem areas Shingle Creek, and presented a set of ecological restoration principles that could be used by cities to construct improvements. The study does not include specific projects but sets forth design criteria to be used to provide for ecological restoration of form, function, and water quality. During the development of the Corridor Study, a group of Brooklyn Park residents approached the Brooklyn Park City Council and the Shingle Creek WMC to request consideration of a streambank stabilization project north of Brooklyn Boulevard. The Brooklyn Park City Council authorized development of a feasibility report to construct an ecological restoration project on the reach between Brooklyn Boulevard and the Hampshire Avenue footbridge consistent with the Shingle Creek Corridor Study, and has requested the Commission to consider funding 25 percent of the cost through an ad valorem tax across all the property in the Shingle Creek watershed. Using $300,000 as the estimated construction cost, the amount to be levied is estimated to be $75,000. To calculate the tax impact of a given levy. divide the proposed levy by the total net tax capacity in the watershed ($113,835,900 in 2004). $0.000659/ of tax capacity. Table 2. Estimated Ad Valorem Tax From a 575,000 Levi• Taxpayer Tax Ad Valorem I Tax Ad Valorem Capacity Tax 1 Taxpayer Capacity Tax $150,000 home $1,500 $0.99 $500,000 apt $6,250 $4.12 $250,000 home 50 0 $1.65 00 C/L $500 000 C/I $9,250 $6.09 $350,000 home $3,500 $231 $1,000 0 $19 $12.68 This cost sharing proposal is similar to the proposed CIP and cost sharing policy being discussed separately by the Commission and member cities except that Brooklyn Park has agreed to contribute all of the balance of 75 percent of the project cost. The project under consideration includes full or partial removal of the dam at Brooklyn Boulevard; channel regrading to create a low -flow channel and eliminate large pools behind the dam; installation of several rock vanes to provide grade control and serve as riffles; streambank stabilization with native vegetation and root wads, with hardscaping across from stormsewer outfal Is and at curve s oints: and scour p nd tree removals and buffer plantings. The project extends from Brooklyn Boulevard north to the Hampshire Avenue footbridge. The project length is approximately 2,500 feet. The design concept for this project benefits the watershed by addressing water quality impairments identified by the State's TMDL program, improving Shingle Creek water quality and ecologic integrity in the following ways: SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK-CRYSTAL MAPLE GROVE MINNEAPOLIS NEW HOPE OSSEO PLYMOUTH- ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CHAMPLIN MAPLE GROVE OSSEO WATERSHED MANAGEMENT COMMISSIONS o Increasing aeration with rock vanes and riffles and by creating a low flow channel to carry base flows, reducing stagnation. This will address the current dissolved oxygen (DO) impairment. o Decreasing sediment loads from streambank erosion by bioengineering streambanks, addressing the upcoming biologic impairment listing. o Decreasing nutrient loading by buffering direct runoff from adjacent lawns, addressing the DO impairment; o Improving biologic integrity by creating habitat for fish, tnacroinvertebrates, and other aquatic and terrestrial life, addressing the upcoming biologic impairment listing. The Corridor Study and the proposed stream improvements in the existing CIP were actions developed in response to issues identified by the public during the development of the Second Generation Plan. Selected issues and responsive actions are shown in the table below. Table 3. Second ene ation Plan Work P an and CIP Issues and Actions (Appendix G) Action in Work Plan (WP), CIP, Plan Water quality in Shingle Creek should be construction lh improvements st /a a the grant match fund to assist in the improved s identified in management plan Plan encourages the construction of streambank stabilization and habitat restoration projects WP and CIP include a project to develop a Shingle Creek The natural beauty and recreational Corridor Plan. opportunities of the creek and river should CIP establishes a construction /grant match fund to assist in the be capitalized upon with expanded trails, construction of improvements as identified in Corridor Plan parks, and access 9 Plan promotes Shingle Creek and other rivers and streams as greenways Native habitat should be evaluated and WP and CIP include a project to develop a Shingle Creek protected Corridor Plan ff require o d Standards Runoff volumes and lack of vegetative Rules an require installation of buffer strips between border has led to stream degradation and wetlands and watercourses and development and redevelopment erosion that should be evaluated and projects improved 0 WP and CIP include a project to develop a Shingle Creek Corridor Plan. In accordance with Minnesota R ides 4 8 ]0.014 w 0, e are sending copies of this proposed plan amendment to the affected cities, Hennepin County, the Metropolitan Council and the state review agencies for their review and comment. Copies of the minor plan amendment will also be made available on the SCWM website (www.shinglecreek.org). Written comments should be sent to the address shown below. As provided by Minnesota Rules 8410.0140, the Shingle Creek and West Mississippi WMCs will conclude that this is a minor plan amendment and proceed accordingly unless we hear to the contrary from the Minnesota Board of Water and Soil Resources (BWSR.) within 45 days of your receipt of this amendment. The Shingle Creek and West Mississippi \VNICs anticipate holding a public hearing and taking action on this minor plan amendment at their July 14, 2005 meetings. SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CRYSTAL MAPLE GROVE WN.NEAPOLIS NEW HOPE OSSEO PLYMOUTH ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CHAMPLIN MAPLE GROVE OSSEO r WATERSHED MANAGEMENT COMMISSIONS Thank you for your review of this proposed amendment. We look forward to B WSR's determination that this is a minor plan amendment. Please call either Charlie LeFevere, the SCWM WMC legal advisor, at 612- 337 -9215 or Ed Matthiesen, P.E., the SCWM wMC engineer, at 763 479 -4208 if you have any questions. Sincerely, 1�� t�ti: �'�:z.= 'fit_.. i Mark Hanson, City of New Hope Chair, Shingle Creek WMC q'v� .AO" Grady Boeck, City of Brooklyn Center Chair, West Mississippi WMC Please send written comments to: Mr. Mark Hanson, Chair Shingle Creek WMC c/o JASS 3235 Fernbrook Lane Plymouth, MN 55447 Enclosure Proposed Amended Plan Pages (2 pages) cc: Commissioners City of Brooklyn Center City Clerk Hennepin County Joel Settles City f Br ooklyn ooklyn Park —City Clerk Hennepin Conservation District Tustin Blum City of Champlin City Clerk Department of Natural Resources Dale Homuth City of Crystal City erk Pol lution lution Control Agency nc g y John Hensel City Maple ty p Grove City lerk Department partment of Health Terry B v o ee City of Minneapolis City Clerk Department of Agriculture Becky Balk City of New Hope City Clerk Metropolitan Council —Judy Sventek City of Osseo City Clerk City of Plymouth City Clerk City of Robbinsdale City Clerk SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CRYSTAL MAPLE GROVE MINNEAPOLIS NEW HOPE OSSEO PLYMOUTH ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER BROOKLYN PARK CHAMPLIN MAPLE GROVE OSSEO i i U) Table G -2 0 v 0 Capital Improvement Program o (Combined Watersheds) 0 G) n C o a m v o N CD 2003 2004 2005 2006 2007 j 2008 2009 2010 2011 2012 I w K Resource Management Pro jects Y aN K Water Quality Plan $12,500 a Practical Use Goals Plan $10,000 CD 3 Shingle Creek Corridor Plan $30,000 Resource Management Plans $15,000 d v $40,000 $40,000 2 BMP Evaluation $35,000 C Evaluate creek 100 year $40,000 $40,000 2 e Missi River Corridor Plan $7,500 o 3�T Generation Plan $125.000 Capital Projects 'Twin Lake Restoration (WMO m Share) $45,000 Shingle Creek -rents $40,000 Rest oration Rrookl n $75.000 Local Project Match shire Boul evard to Ham $25,000 $25,000 $25,000 $50,000 $50, $25,000 Channel Improvements $50,000 $25,000 $25,000 Wetland /habitat restoration $65,000 $50,000 $50,000 5• C D CD G7 L3 v K y Appendix G Proposed Minor Plan Amendment. Deletions are shown in s#ikeeu additions are shown in double u nderline Table G -3 2003 -2012 Estimated Budget and CIP(Total SCWM WMC) 2002 2003 2004 2005 2006 2007 Opening Balance $344,996 $182,731 $144,031 $126,151 98,441 78,451 INCOME $387,000 $354,000 $440,000 $465,000 $490,000 $515,000 Assessments $225,000 $32.1,000 $410,000 $435,000 $460,000 $485,000 Other $162,000 30,000 30,000 30,000 30,000 30,000 EXPEIUSES* 5549,265 $392,700 $457,880 $492,710 $509,990 $521,260 EnP /Admin/LeeaI /Misc $203,900 $262 $270,590 $278,710 $287,070 $295,680 PrOErams 53.500 97.500 $107.290 $114.000 $120.420 $126.580 Volunteer- assisted monitoring 11,500 17,000 18,000 20,000 22,000 23,000 Commission monitoring 22,000 22,500 28,630 30,060 31,560 33,140 Education and web site 20,000 $=10,000 42,000 44,100 46,300 48,620 NPDES activities 13,000 13,660 14,340 15,060 15,820 Education grants 51000 5,000 5,500 5,500 6,000 Resource Memt Proiects $291.865 12.500 40.000 50.000 47.500 40.000 2nd generation plan $155,850 TMDL study $113,000 Twin Lakes homeowner ed 18,015 Water resource mgmt plan Water quality plan 11500 Shingle Creek mgmt plan 30,000 Practical use goals plan 10,000 TMDL Implementation 7 Wetland mgmt plan 15,000 BMP evaluation 35,000 Eva] creek 100 yr elevation 40,000 40,000 West Miss unspecified project 5,000 MNRAA Tier 1I status 7,500 Construction/Grant Match Fund 20.000 40.000 50.000 55.000 60.000 Closing Balance $182,731 $144,031 $126,151 98,441 78,451 S 71,191 *Assumes 3 -5 percent annual growth. Construction /Grant Match Fund Opening Balance:.- 20,500 15,888 9 �26 2 S 67,535 59.974 Capital contribution 0,000 40,000 50,000 55,000 60,000 Ad va luer m tax con Grjbutinn $75,000 Canital Proiects Twin Lake Restoration 45,000 Shingle Creek greenwE; ian}rE),,,ements-- Resto ratioq, 75,00 r ]vn_oukA,ard to Hamp5h 're Wetland/habitat restoration 65,000 Local project match 25,000 Closing Balance 20,500 15,888 S a6,35 S -1 6,948 S 53;4 67, 535 5R-97A 5 93.974 Shingle Creek and West Mississippi Watershed Management Commissions Page G -6 Second Generation Watershed Management Plan ay 2994 July 2005