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2010 02-22 CCP Regular Session
AGENDA • CITY COUNCIL STUDY SESSION February 22, 2010 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING ** Amended ** City of Brooklyn Center • February 22, 2010 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. —Boy Scout Den 454 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance • g g 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. February 8, 2010 — Study Session 2. February 8, 2010 — Regular Session 3. February 8, 2010 — Work Session b. Licenses C. Resolution Authorizing Execution of a Professional Services Agreement with WSB & Associates, Inc. for In- Construction Services for the Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18 d. Resolution Approving Change Order No. 1, Project No. 2009 -21, 2009 Capital Maintenance Building Plan CITY COUNCIL AGENDA -2- February 22, 2010 e. Receive Hennepin County HRA Notice of Suburban HRA and EDA Activities f. Franchise Fees for 2009 Fiscal Year Report 7. Presentations / Proclamations /Recognitions/Donations a. Visit Minneapolis North (Convention and Visitors Bureau) Report — Dave Looby, Executive Director Requested Council Action: — Motion to receive report. b. Resolution Expressing Recognition and Appreciation of Todd Boster for His Dedicated Public Service on the Financial Commission Requested Council Action: — Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation of Dave Peterson for Over 35 Years of Dedicated Service to the City of Brooklyn Center Requested Council Action: — Motion to adopt resolution. 0 d. Police Department Year End Report Requested Council Action: — Motion to receive report. e. 2010 Census Update Report Requested Council Action: — Motion to receive report. 8. Public Hearings a. Proposed Use of 2010 Community Development Block Grant Funds 1. Resolution Approving Projected Use of Funds for 2010 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement With Hennepin County and Any Third Party Agreements —This item was first read on January 25, 2010, published in the official newspaper on February 4, 2010, and is offered this evening for Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. • rY 22 2010 CITY COUNCIL AGENDA -3- Februa • b. Dupont Area Neighborhood Improvements 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2010 -01, 02, 03 and 04, Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements 2. Resolution Certifying Special Assessments for Improvement Project Nos. 2010 -01 and 2010 -02, Dupont Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls —This item was first read on February 8, 2010, published in the official newspaper on February 4 and 11, 2010; and is offered this evening for Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public, input. — Motion to close Public Hearing. — Motion to adopt resolutions. 9. Planning Commission Items a. Planning Commission Application No. 2010 -002 Submitted by the EDA of Brooklyn Center. Request for Preliminary Plat approval to combine six parcels into one parcel of land and one outlot for future development. The Planning • Commission recommended approval of this application at its February 11, 2010, meeting. Requested Council Action: — Motion to approve Planning Commission Application No. 2010 -002 subject to the Planning Commission recommendations. b. Planning Commission Application No. 2020 -003 Submitted by Earle Brown Tower LLP. Request for Special Use Permit approval to allow ITT Educational Services to operate within the CIA (Service Office) zoning district at 6120 Earle Brown Drive. The Planning Commission recommended approval of this application at its February 11, 2010, meeting. Requested Council Action: — Motion to approve Planning Commission Application No. 2010 -003 subject to the Planning Commission recommendations. 10. Council Consideration Items a. Mayoral Appointment to Financial Commission Requested Council Action: — Motion to ratify Mayoral appointment. b. Mayoral Appointments to Housing Commission Requested Council Action: • — Motion to ratify Mayoral appointments. CITY COUNCIL AGENDA -4- February 22, 2010 • C. Resolution Establishing Parking Restrictions on Dupont Avenue North from 67th Avenue North to 73rd Avenue North Requested Council Action: — Motion to adopt resolution. d. Amend 2010 City Council Meeting Schedule Requested Council Action: — Motion to amending 2010 Meeting Schedule to include a joint meeting with the City Advisory Commission and Charter Commission. * * e. Hennepin County Recovery Zone Facility Bonds Requested Council Action: — Motion to direct the City Manager to petition Hennepin County Board of Commissioners to allocate at least $25 million dollars of the Recovery Zone Facility Bonds available to the County in support of the new FBI field office project. * * f. Rental Dwelling License Approval for Partial Occupancy at Gateway Commons Requested Council Action: — Motion to approve the partial rental dwelling license. • 11. Council Report 12. Adjournment • EDA MEETING City of Brooklyn Center • February 22, 2010 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. February 8, 2010 — Regular Session 2. Resolution Authorizing the Executive Director to Write Off Uncollectible • Accounts Receivable 4. Commission Consideration Items a. First Amendment to the Development Agreement, FBI Regional Field Office Project 1. Resolution Authorizing Execution of a First Amendment to Development Agreement Requested Commission Action: — Motion to adopt resolution. b. Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (4800 71 st Avenue North) Requested Commission Action: — Motion to adopt resolution. 5. Adjournment • AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • February 22, 2010 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Random Acts of Kindness — Mayor Willson 2. Garbage Haulers Stud — Councilmember Yelich Y 3. City Bus Transit — Councilmember Roche 4. North Metro Mayor Association JPA Amendment/Central Purchasing Program 5. TIF District No. 2 — Use of Tax Increment 6. Utility onservation Rate — Irrigation Systems tY g Y PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Shingle Creek/West Mississippi Major Plan Amendment 2. Sister City Update — Curt 3. 57th and Logan Update 4. Strategic Outcome Reports a. Prosecutor Services 5. Community Schools Update 6. Ordinance Amendments — Farmers Market 7. 2011 Brooklyn Center Celebration Update 8. Crime Free Housing Update 9. Neighborhood Designations 10. Junk and Inoperable Vehicles Update — Back Yard Parking 11. Minn. Stat. 273.128 4d Rental Properties — Annual Report 12. Visit Minneapolis North Update 13.6101 Beard -6037 Brooklyn Blvd Update — May 14. Local Government Aid Policy 15. Shingle Creek County Study 16. Brookdale Mall Update 17. Joslyn/City Property Remediation Update 18. Prosecutor's Contract 19. Department Year End Reports 20. Community Garden Program 21. Active Living Program 22. RER — Howe Fertilizer Update i City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 8, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Tim Roche (arrived at 6:05 p.m.), Dan Ryan, and Mark Yelich. Councilmember Kay Lasman was absent and excused. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Community Development Specialist Tom Bublitz, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. . CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested discussion on EDA agenda item 4a, specifically in relation to the income requirements included in the Neighborhood Stabilization Program (NSP 1). He questioned why the City Council would authorize funding a program to add low- income housing to the City which likely has the most affordable housing stock in the metro area. Councilmember Roche arrived at 6:05 p.m. Councilmember Yelich expressed interest in the First Look Program. He stated the City currently has many good tools at its disposal to manage rental properti es. He q uestioned how the limited number of eight units would be a big impact in stabilizing housing prices and also questioned whether the Minnesota Housing Finance Agency (MHFA) is a responsible agency in terms of housing programs. It was noted that NSP 1 income groups include: 1) households earning at or below 120% of Area Median Income (AMI); 2) households at 50% AMI. There was discussion on the following in relation to the above NSP 1 income groups: • The requirement for households at 50% AMI is 25% • The 50% AMI households included in the NSP 1 agreement could address low income housing already located in the City. • 02/08/10 -1- DRAFT City Manager Curt Boganey clarified that the City is able to participate in the First Look Program without committing to NSP 1. With respect to the 25% requirement for households at . the 50% AMI, he advised the following: 1) Perhaps this should not be characterized as adding additional low- income housing to the City because the program is taking existing housing and renovating it. If the housing is not renovated it is housing that still exists in the City and they will not have control over whether it is occupied by a person of low- income means or moderate - income means. 2) He is not certain that the purpose of the program is to try to stabilize housing prices, and eight units around the City will not have much of an impact on stabilizing prices. He would advise that the principal reason to participate in the program if the EDA chooses would be to ensure that the units included in the program will be owner occupied. Most importantly is to provide for a substantial upgrade and improvement in that existing home. This is an acquisition/rehab program so it is taking an old housing stock and transforming it into something of much higher quality. Mr. Boganey discussed that the requirement for households at 50% AMI is 25 %, which limits the requirement to two of the eight anticipated units. He provided information on the household earnings in relation to the AMI with the City's ReNew Loan Program, noting that the individuals that qualified under the program were required to meet standards to qualify for a mortgage. If the EDA determines to proceed with the NSP 1 agreement, it will be able to establish criteria to assure that the two homeowners who are fortunate enough to move into these renovated homes meet all the expected standards of a homeowner. There was discussion on the following in relation to the NSP 1 agreement: S • The lending criteria established with the Renew Loan Program followed acceptable lending practices. These same standards would need to be met with the NSP 1 Program. • The City will have input in setting the criteria included in the NSP 1 Program; however, federal requirements will need to be taken into account. • Incorporation of green rehab standards into the housing rehab. Councilmember Roche requested discussion on agenda item 10g. He commented on the City's upgraded rating to AA. He stated his support of proceeding with the Build America Bonds, commenting that it will likely save the City $50,000 in the long run. He stated his support of looking into bonding opportunities to leverage the City's new credit rating to rebuild and reinvest in the community. Mr. Boganey provided information on Build America Bonds. He advised that if the subsidy provided by the federal government with the Build America Bonds were to be eliminated in the future, the interest rate would increase. The City could then choose to pay the higher rate to the bondholders or reissue new tax exempt bonds which would reduce the interest cost to the utility. Reissuing the bonds would involve issuance and underwriter costs. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Roche moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. • 02/08/10 -2- DRAFT • Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Ryan moved an d Councilmember Roche seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Willson requested discussion on agenda items 6c and 6d, noting that one of the on -sale liquor license applications is for an organization located out of state. Mr. Boganey explained that in both of these cases the State issues the license. The State has the responsibility to confirm the information on the application and assure that these are legitimate applicants that meet all of the State's criteria. With respect to the applicant with an out of state address, there is a local person who submitted the application and represented himself as a member of the national organization. Historically there have been other applications submitted for out of state applicants. Issues are dealt with as a local matter and the representatives on premise would be held accountable. Mayor Willson asked whether there have been any requests, or if the Police Chief has looked into having law enforcement or some sort of security in place for the subject event. Mr. Boganey • replied that the application has been looked at more in a way of whether the location is appropriate for this type of activity and whether the appropriate paperwork has been submitted. If the Council approves the application staff will look into whether it would be appropriate to have the Police Department be prepared with security for the event and address any concerns. Mayor Willson noted this is a national organization. He requested that staff ensure that occupancy limitations and requirements be communicated with the applicant. In regards to agenda item 10a, Mr. Boganey indicated that Mr. Brummer, owner of Gateway Commons is aware of the February 8, 2010, memorandum from Ms. Schleuning on the issues raised by Mr. Hauge of HOME Line. ADJOURNMENT Councilmember Ryan moved and Councilmember Yelich seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. • 02/08/10 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY • OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 8, 2010 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Tim Roche, Dan Ryan, and Mark Yelich. Councilmember Kay Lasman was absent and excused. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Community Development Specialist Tom Bublitz, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. p Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Y No one wished to address the City Council. Councilmember Yelich moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation on behalf of Councilmember Kay Lasman. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL • 02/08/10 -1- DRAFT Mayor Tim Willson and Councilmembers Tim Roche, Dan Ryan, and Mark Yelich. • Councilmember Kay Lasman was absent and excused. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Community Development Specialist Tom Bublitz, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 25, 2010 — Study Session 2. January 25, 2010 — Regular Session 3. January 25, 2010 — Work Session 6b. LICENSES • MECHANICAL Barr Web Ind., Inc. 3530 E 28 Street, Minneapolis Bonfe's Plumbing, Heating, & Air 505 Randolph Avenue, St. Paul South Metro Plumbing 612 N Broadway, Jordan RENTAL INITIAL 5239 -41 Drew Ave N Jay Battenberg 3300 67 Ave N Passed with Weather Deferral — Exterior painting and bedroom window Repair Sergey Kunin 1531 Humboldt PI N Shoemiller Properties 4734 Twin Lake Ave N Elizabeth Becht RENEWAL 6821 Noble Ave N Reuben & Diane Ristrom 1612 68 Ln N Frank Lachinski 5927 Aldrich Ave N James & Marie Carlson 6213 Chowen Ave N Passed with Weather Deferral — . Will schedule 5/28/10 for exterior 02/08/10 -2- DRAFT Orders Nazneen Khatoon 5755 Humboldt Ave N Toan Truong • 6835 Noble Ave N Robert Berglund 6324 Scott Ave N Benson Yang 6c. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS SCHOOL, 7031 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD MARCH 13, 2010 6d. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR LICENSE SUBMITTED BY NATIONAL MARYLAND COUNTY ASSOCIATION OF LIBERIA, 164 BEDFORD AVE, TEANECK, NJ, FOR AN EVENT TO BE HELD MARCH 6, 2010, AT 5801 JOHN MARTIN DRIVE, BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -27 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT THOMAS BOIE Councilmember Yelich moved and Councilmember Roche seconded to approve RESOLUTION • NO. 2010 -27 Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Thomas Boie. Mayor Willson recited Resolution No. 2010 -27. Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -03 RELATING TO TOBACCO RELATED PRODUCTS; AMENDING CITY CODE SECTIONS 23 -107 AND 23 -108 AND ADDING NEW SECTION 23 -109 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Ryan moved and Councilmember Yelich seconded to open the Public Hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Ryan seconded to close the Public Hearing. 02/08/10 -3- DRAFT • Motion passed unanimously. Councilmember Roche moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2010 -03 Relating to Tobacco Related Products; Amending City Code Sections 23 -107 and 23 -108 and Adding New Section 23 -109. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010 -28 RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR THE GATEWAY COMMONS APARTMENTS LOCATED AT 2802 -2838 AND 2900 -2940 NORTHWAY DRIVE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that the focus of the City is to ensure safe and affordable housing that meets the ordinances and criteria of the City. This had become an issue with this property, and it currently appears to be on its way to resolution. Councilmember Yelich expressed concern regarding windows in the units that come near to the floor and present the possibility of a toddler falling out. He asked if staff and Mr. Brummer are comfortable with the safety of the windows, noting that State and City Code do not require a barrier to prevent this type of accidental fall unless the windows were to be replaced. Mr. Boganey replied that the current code is assumed to reflect a safe condition under normal operating circumstances. He believes that the conditions are reasonably safe, but that they could be safer. Mr. Gary Brummer, owner of Gateway Commons, stated that the bedroom windows under discussion could have some additional screening added if it is anticipated that there will be problems. He indicated he would not have a concern with leaving this up to the Building Inspector's recommendation. Mayor Willson clarified that Mr. Brummer is currently meeting the ordinances, which is the goal of the City. He thanked Mr. Brummer for his willingness to consider addressing the concerns raised by Councilmember Yelich. It was noted that Mr. Brummer is addressing security concerns by taking care of issues with the egress doors and installing a camera system. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -28 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for the Gateway Commons Apartments Located at 2802 -2838 and 2900 -2940 Northway Drive. • 02/08/10 -4- DRAFT Motion passed unanimously. 10b. AMEND 2010 CITY COUNCIL MEETING SCHEDULE • Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed amendment to the 2010 City Council Meeting Schedule. Councilmember Yelich moved and Councilmember Ryan seconded to approve amending the 2010 City Council Meeting Schedule to change the start time of the March 8, 2010 Study Session to 5:45 p.m. Motion passed unanimously. 10c. RESOLUTION NO. 2010 -29 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT ABATEMENT REMOVAL COSTS, AND ADMINISTRATIVE VACANT BUILDING REGISTRATIONS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -29 Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree • Removal Costs, Delinquent Weed Removal Costs, Delinquent Abatement Removal Costs, and Administrative Vacant Building Registrations. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -30 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2010 -01 AND 02, DUPONT AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -30 Declaring Costs to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2010 -01 and 02, Dupont Area Neighborhood Street and Storm Drainage Improvements. Mr. Boganey clarified that the proposed special assessments will not change if design modifications are made to the project. The Public Hearing being set for February 22, 2010, is on the proposed special assessments, not on the design of the improvement project. • 02/08/10 -5- DRAFT • Motion passed unanimously. 10e. RESOLUTION NO. 2010 -31 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -31 Calling for a Public Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts. Motion passed unanimously. 10f. RESOLUTION NO. 2010 -32 AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER TO ACT ON THE CITY'S BEHALF TO IMPLEMENT THE NEIGHBORHOOD STABILIZATION PROGRAM Community Development Specialist Tom Bublitz discussed the history and stated the purpose of the proposed resolution. • Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -32 Authorizing the Economic Development Authority of the City of Brooklyn Center to Act on the City's Behalf to Implement the Neighborhood Stabilization Program. Motion passed unanimously. 10g. RESOLUTION NO. 2010-33 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $2,350,000 TAXABLE GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2010A (BUILD AMERICA BONDS — DIRECT PAY) AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES Director of Fiscal and Support Services Dan Jordet introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mr. Jordet provided an overview of the following information in relation to the proposed bonds: 1) Bids received on the G.O. Utility Revenue Bonds, Series 2010A; 2) City of Brooklyn Center $2,350,000 Taxable General Obligation Utility Revenue Bonds, Series 2010A Sources & Uses Statement. Ms. Brenda Krueger, Springsted, Inc., provided an overview of the Build America Bonds. Ms. Krueger answered questions of the City Council on the proposed use of Build America Bonds and the City's improved bond rating to AA by Standard & Poor's. 02/08/10 -6- DRAFT There was discussion on the current debt condition of the City. Mr. Jordet indicated that much of the City's debt is tax increment debt which does not weigh on the general tax base and will be • retired within ten years. He advised that the subject G.O. Utility Revenue Bonds is the only City debt that the City's utility revenues are pledged against. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -33 Accepting Proposal on the Competitive Negotiated Sale of $2,350,000 Taxable General Obligation Utility Revenue Bonds, Series 2010A (Build America Bonds — Direct Pay) and Pledging for the Security Thereof Net Revenues Motion passed unanimously. 10h. RESOLUTION NO. 2010-34 ADOPTING THE 2010 STRATEGIC PLAN Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the measurable outcomes being put in place with the City Council goals and that the interest of the City was taken to heart by staff and City Council in preparing the 2010 Strategic Plan. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -34 Adopting the 2010 Strategic Plan. Motion passed unanimously. • 10i. AN ORDINANCE RELATING TO AN ADMINISTRATIVE PENALTY SYSTEM, ADDING SECTIONS 18 -201 TO 18 -211 TO THE BROOKLYN CENTER CITY CODE Assistant City g g Manager/Director er/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Ms. Schleuning provided a PowerPoint presentation focusing on the following information: • Ordinance Development and Implementation Process • Definition and Purpose of Administrative Penalty Systems • Proposed Ordinance Highlights • Revisions to Draft Ordinance from the January 11, 2010, Work Session • Other Program Logistics • Required Council Actions City Attorney Charlie LeFevere clarified that City personnel initiating enforcement action can decide to proceed under the administrative process, or in some cases it may be more appropriate to follow the criminal process. If the administrative process is followed initially the violator will need to go through the process and pay the fine in order to avoid the criminal process. The administrative P rocess does not result in a criminal record typically proceedings and t icall the court roceedin s • 02/08/10 -7- DRAFT are in City Hall or in a more convenient location than criminal proceedings downtown. The administrative process also does not require as much time from police personnel. It was noted that the administrative process will provide a quicker resolution than criminal proceedings and that individuals will have the option to pursue the criminal process rather than the administrative process if they choose. It was further noted that residents who receive a citation they feel is inappropriate will have the opportunity to go through district court if the hearing officer finds for the City in an appeal. Councilmember Roche moved and Councilmember Ryan seconded to approve first reading of An Ordinance Relating to an Administrative Penalty System, Adding Sections 18 -201 to 18 -211 to the Brooklyn Center City Code and set second reading and Public Hearing for March 8, 2010. Motion passed unanimously. 10'J . RESOLUTION NO. 2010 -35 ACCEPTING ENGINEER'S S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07, AND 08, CONTRACT 2010 -B, TWIN LAKE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Public Works Director /City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. • It was noted that this hearing, being set for March 8, 2010, is an opportunity for residents to provide further input on the improvement project. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -35 Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2010 -05, 06, 07, and 08, Contract 2010 -B, Twin Lake Neighborhood Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 10k. RESOLUTION NO. 2010 -35 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2010 -05 AND 06, TWIN LAKE AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION O. 2010- 6 Declaring Costs to be Assessed and Calling N 3 g g for a Public Hearing on Proposed • 02/08/10 -8- DRAFT Special Assessments for Improvement Project Nos. 2010 -05 and 06 Twin Lake Area P p J Neighborhood Street and Storm Drainage Improvements. g g p Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the North Hennepin Chamber of Commerce Gala Fundraiser at the Earle Brown Heritage Center on Friday, February 5, 2010. Councilmember Roche reported on the following: • There are four weekends left to register for Little League Baseball /T -Ball with Brooklyn Center American Little League • He encourages residents to ride Metro Transit and catch No. 766 if they are going to a Twins game • History Round Table is held every month at Embassy Suites. The next meeting is scheduled for Saturday, March 6, 2010, at 9:00 a.m. It provides an opportunity to find out what is going on with other groups in Hennepin County specific to history. • His attendance at the Brooklyn Center Birthday Party. Thank you to staff and Mr. Cohen for putting on the event on an annual basis. • His attendance at the Metropolitan Council Regional Meeting. Councilmember Ryan reported on his attendance at the Brooklyn Center 99 Birthday Party. He acknowledged the representatives of The Lions, The Rotary, CEAP, and youth sports /schools. • He thanked these volunteers and the many other volunteers in the community. Mayor Willson reported on his attendance at the Brooklyn Center 99 Birthday Party and the Waffle Breakfast put on by the Lions and Lionesses on Sunday morning, February 7 He thanked Cub Scout Pack 403 for the excellent work maintaining and resetting the tables. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Roche seconded adjournment of the City Council meeting at 8:26 p.m. Motion passed unanimously. • 02/08/10 -9- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC • DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION FEBRUARY 8, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:22 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Tim Roche, Dan Ryan, and Mark Yelich. Councilmember /Commissioner Kay Lasman was absent and excused. Also present were City Manager Curt Boganey and Carol Hamer, TimeSaver Off Site Secretarial, Inc. MISCELANNEOUS Councilmember Roche requested discussion on whether the Council is interested in considering contacting the Minnesota Historical Society regarding grant opportunities to rehab the Earle • Brown farmhouse and inn back to the original state. The majority consensus of the City Council was to direct staff to research grant opportunities through the Minnesota Historical Society and the associated requirements and to report back to the Council. Councilmember Yelich suggested looking into registering the Earle Brown Heritage Center as a national historic site, noting the marketing feature this could provide. The majority consensus of the City Council was to direct staff to determine whether the Earle Brown Heritage Center is currently registered as a national historic site and whether there was an attempt made to register the property in the past. If the property is not registered, staff is to complete a cost/benefit analysis of registering the property. Councilmember Roche inquired about the status of the link associated with the Embassy Suites site. City Manager Curt Boganey provided an overview and answered questions of the City Council on the current status of the subject development agreement. LEGISLATIVE UPDATE Mr. Boganey introduced the item and stated that Mayor Willson has suggested that the City extend an invitation to Senator Scheid, Representative Hilstrom, and Hennepin County Commissioner Opat to share information and topics of common interest with the City Council. 02/08/10 -1- DRAFT He requested direction from the Council on a date and time for the meeting and the desired meeting format. • The following subjects were suggested for discussion at the meeting: Humboldt Avenue; Brooklyn Boulevard Project; Group Homes; Brookdale; geographical representation in the library system; infrastructure; LGA; and projects the City would like to see as grant priorities. The majority consensus of the City Council was to direct staff to schedule the above meeting on the first or third Monday if possible, or when the legislative representatives are available in the upcoming weeks. Topics for discussion will be finalized at the next Council Work Session. COMMISSION MEETINGS, Mr. Boganey discussed that at the January 25, 2010, Work Session, the Council agreed to invite the City commissions to attend a reception style meeting. He suggested that in addition to a presentation on the commissions' accomplishments, that the staff liaisons facilitate a discussion with the commissions on how they would like to contribute to the City Council's adopted strategic goals. The majority consensus of the City Council was to direct staff to schedule a reception style meeting with the following City commissions: Financial Commission, Housing Commission, Park and Recreation Commission, Planning Commission, and Charter Commission. The commissions are to give a five minute presentation on what they accomplished in the last year, and to inform the Council on how they would like to contribute to the Council's adopted • strategic goals. The presentation by the commissions will be followed by a mingling session. Meeting time will be 6:30 p.m. to 8:00 p.m. with the date to be determined by staff, approximately 30 days out, and confirmed with Council. MISCELLANEOUS Councilmember Yelich expressed concern regarding the amount of special assessments for delinquent public utility service accounts. He suggested that the Financial Commission or staff look into what could be done to minimize the list. Mr. Boganey stated this is a very valid point with important policy questions. It would be helpful to have someone analyze the information. This would likely involve doing research in terms of a comparison of other cities, what the trend has been, and address the question of what changes the City Council could consider that might help solve the problem to the extent that it is identified as a real problem. He noted that the alternatives are limited and it may turn out that what is currently being done is the best of all the alternatives available. The majority consensus of the City Council was to direct staff to request that the Financial Commission review the delinquent water bills and provide a recommendation on changes that might improve the situation. ADJOURNMENT 02/08/10 -2- DRAFT Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Roche • seconded adjournment of the City Council/Economic Development Authority Work Session at 10:08 p.m. Motion passed unanimously. • 02/08/10 -3- DRAFT City Council Agenda Item No. 6b • • COUNCIL ITEM MEMORANDUM DATE: February 16, 2010 • TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk�_n SUBJECT: Licenses for City Council Approval `/ Recommendation: It is recommended that the City Council consider approval of the following licenses at its February 22, 2010, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Weld & Sons Plumbing 3410 Kilmer Lane N, Plymouth • RENTAL See attached report. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods. • Mission: Ensuring an attractive, cleat, safe conunenity that enhances the quality of life and preserves the public trust Inspector. RP A E x' !y \'�•s`: -r Y .6 1312 72nd Ave N Single Family Initial Curtis Cady None per 12 -911 Ordinance OK OK 6337 Colfax Ave N Single Family Initial Oanh Ly None per 12 -911 Ordinance OK OK 7031 Drew Ave N Single Family Initial Laurie Luby 1 Disturbing Peace per 12 -911 Ordinance OK OK 5219 Ewing Ave N Single Family Initial Daniel Brewer None per 12 -911 Ordinance OK OK 7236 Halifax Ave N Single Family Initial Bob Morlock None per 12 -911 Ordinance OK OK 6813 Humboldt Ave N B303 Single Family Initial Raymond Charest 1 Disturbing Peace per 12 -911 Ordinance OK OK 6819 Humboldt Ave N A301 Single Family Initial Raymond Charest None per 12 -911 Ordinance OK OK 6343 Indiana Ave N Single Family Initial Kou Vang None per 12 -911 Ordinance OK OK 6319 Perry Ave N Single Family Initial Erin Bauer None per 12 -911 Ordinance OK OK 360147th Ave N Multi Family Renewal Drew Kabanuk OK OK 1 Blds /11 Units 1 Assault, 1 Arson per 12 -913 (.18 cfs) 3613 47th Ave N Multi Family Renewal Drew Kabanuk OK OK 1 Bldg /11 Units 1 Theft per 12 -913 (.09 cfs) 3713 47th Ave N Multi Family Renewal Drew Kabanuk OK OK 1 Blde /11 Units None per 12 -913 Ordinance 3006 65th Ave N Single Family Renewal Ivan Woyno None per 12 -911 Ordinance OK OK 3807 61st Ave N Single Family Renewal Toshie Metzger None per 12 -911 Ordinance OK OK 1807 70th Ave N Single Family Renewal Rebecca Thomley None per 12 -911 Ordinance OK OK 5834 Aldrich Ave N Single Family Renewal Paul Scully None per 12 -911 Ordinance OK OK 6718 Aldrich Ave N Single Family Renewal James Price /Dawn McNamara None per 12 -911 Ordinance OK OK 4902 France Ave N Single Family Renewal William Dudley None per 12 -911 Ordinance OK OK 7215 Girard Ave N Single Family Renewal Rebecca Thomley None per 12 -911 Ordinance OK OK 5525 James Ave N Single Family Renewal Jay Braegelmann 1 Disturbing Peace per 12 -911 Ordinance OK OK 6448 Willow Ln N Single Family Renewal Dragon Property Management None per 12 -911 Ordinance OK OK 6500 Willow Ln N Single Family Renewal Dragon Property Management None per 12 -911 Ordinance OK OK City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM DATE: February 16, 2010 • TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer S� SUBJECT: Resolution Authorizin g Execution of a Professional Services Agreement with WSB & Associates Inc. for In- Construction Services for the Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18 Recommendation: It is recommended that the City Council consider approval of the attached Resolution Authorizing Execution of a Professional Services Agreement with WSB & Associates, Inc. for In- Construction Services for the Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18. Background: On January 25, 2010, the City Council awarded the Bass Lake Road Streetscape and Regional Trail Project contract to Peterson Companies, Inc. Coordination efforts are continuing with the project for the planned construction to commence in early spring 2010. • City staff interviewed two consultants that would be able to provide the professional services needed for in- construction services for this project — WSB & Associates, Inc. and SEH, Inc. Based on ualifications project delivery, plan, schedule and cost staff is recommending q � P J rY� P g WSB & Associates, Inc. provide the needed professional services. WSB & Associates, Inc. are available to start immediately to progress with the construction management elements of this project. Budget Issues: The contract amount of $309,862 with WSB & Associates, Inc. for in- construction services (see attached contract) is within the amended 2010 budgeted amount totaling $786,100 for engineering, administration and legal fees. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 5. We will improve the image of the City with citizens and others • ti/i.Nsian: hisu rin" till almarrin" chair, Nti /r cominiiiiii Thai rnhaac c rhr «uali/i I file aml po'N rrrs the /nddic lrlw Member introduced the following resolution and moved its adoption: RESOLUTION NO. • RESOLUTION AUTHORIZING EXECTUION OF A PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES, INC. FOR IN- CONSTRUCTION SERVICES FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS, PROJECT NO. 2009 -18 WHEREAS, the Capital Improvement Program for the City of Brooklyn Center identifies streetscape and regional trail improvements along Bass Lake Road from Brooklyn Boulevard to Highway 100; and WHEREAS, the Bass Lake Road Streetscape and Regional Trail Project contract was awarded to Peterson Companies, Inc. on January 25, 2010; and WHEREAS, the City desires to complete the proposed improvements for the Bass Lake Road corridor in 2010; and WHEREAS, City staff has negotiated a professional services agreement with WSB & Associates, Inc. to provide the in- construction engineering and inspection services for said project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota that the City Manager is hereby authorized to execute an agreement for professional services with WSB & Associates, Inc., in the amount of $309,862 to provide in- construction services for Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements. February 22, 2010 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. • Professional Services Agreement Page 1 • PROFESSIONAL SERVICES AGREEMENT This Agreement is made on the 22nd day of February, 2010 between the CITY OF BROOKLYN CENTER, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ( "City ") and WSB & Associates, Inc., 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416 ( "Consultant "). Preliminary Statement The purpose of this Agreement is to set forth terms and conditions for the provision of professional engineering services by the Consultant for the City. The City and Consultant agree as follows: 1. Consultant's Services. The Consultant agrees to provide professional services as described in Exhibit A, Scope of Work. Consultant agrees to use the City's standard specifications in any bidding documents prepared under this Agreement. The requirements of this section may be waived by the City if the • City Engineer determines that they are not necessary for the successful completion of the project. Consultants requesting a requirement to be waived must have written authorization from the City Engineer. 2. Time for Performance of Services. The Consultant will endeavor to perform the services outlined in the work program within the prescribed days from the date of the contract award. Any changes in this schedule must be approved in writing by the City. 3. Compensation for Services. City agrees to pay the Consultant for services as described in Exhibit A, attached and made a part of this Agreement and may be amended from time to time by mutual agreement by City and Consultant. 4. Method of Payment. The Consultant must submit itemized bills for services provided to the City on a monthly basis. Bills submitted will be paid in the same manner as other claims made to the City. Work will be reimbursed on an hourly basis and the Consultant must track all hours per task, indicate for each employee his or her classification, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, the total amount due, the total original contracted amount, the total current requested amount, and the total amount. Consultant must verify all statements submitted for payment in compliance with Minnesota Statutes • Sections 471.38 and 471.391. For reimbursable expenses, the Consultant must provide such documentation as reasonably required by the City. Professional Services Agreement Page 2 • 5. Audit Disclosure. The Consultant must allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant will become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided and may reuse standard portions of such documents in the normal course of its business. 6. Term. The term of this Agreement will be from February 22, 2010 through December 30, 2010, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 7. Termination. This Agreement may be terminated by either party by seven day's • written notice delivered to the other party at the address written above. Upon termination under this provision, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. 8. Subcontractor. The Consultant must not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of the City. 9. Independent Contractor. At all times and for all purposes hereunder, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 10. Assignment. Neither party will assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Services not Provided for. No claim for services furnished by the Consultant not specifically provided for herein will be honored by the City. 12. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary • to law, such decision will not affect the remaining provisions of the Agreement. 13. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties Professional Services Agreement Page 3 • relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the parties unless otherwise provided herein. 14. Compliance with Laws and Regulations. In providing services hereunder, the Consultant must abide by all statutes, ordinances, rules and regulations pertaining to the provision of services to be provided. Any violation will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 15. Equal Opportunity. During the performance of this contract, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant must post in places available to employees and applicants for employment, notices setting forth the provisions of this non - discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant must • incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 16. Waiver. Any waiver by either party of a breach of any ,provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. Indemnification. The Consultant must indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorney's fees, which they may suffer or for which they may be held liable, as a result of, and to the extent of, the negligent or wrongful acts of the Consultant, his employees, or anyone else for whom he is legally responsible in the performance of this Agreement. 18. Insurance. During the term of this Agreement, Consultant must maintain a general liability insurance policy with limits of $1,500,000 for each occurrence and $2,000,000 aggregate, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide, as between the City and the Consultant, that the Consultant's coverage shall be the primary coverage in the event of a loss. If the Consultant is providing either architectural or engineering services, • the Consultant must also maintain during the term of this Agreement a professional liability insurance policy with the same limits as for general liability. A certificate of insurance on the City's approved form which verifies the existence Professional Services Agreement Page 4 • of these insurance coverages must be provided to the City before work under this Agreement is begun. 19. Governing Law. This Agreement will be controlled by the laws of the State of Minnesota. 20. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified except in writing signed by all parties. Executed as of the day and year first written above. CITY OF BROOKLYN CENTER WSB & Associates, Inc. By: ` By: F Steven L. Lillehaug, blic Works Director / • Date: I %e Its: Pr; nC; Aa Dater By: Cornelius Boganey, City Manager Date: • Exrt A S cope C � wor IG WSB Associates, Inc. Engineering 1 Planning 1 Environmental 1 Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 -541 -4800 Fax: 763 -541 -1700 February 8, 2010 Mr. Steve Lillehaug Director of Public Works /City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2113 RE Proposal for Construction Related Engineering Services Bass Lake Road City Project No. 2009 -18, County Project No. 0929 S.A.P. No. 109- 020 -12, S.P. No. 27- 610 -28 • Dear Mr. Lillehaug: Per our request, we have prepared a scope and fee for providing construction related Y q P P P P g engineering services for the Bass Lake Road (CSAH 10) Streetscape and Regional Trail project. The proposed WSB project team will be led by: • Kevin Kawlewski, PE, will serve as -the overall project manager and primary contact between the City of Brooklyn Center and WSB & Associates. Kevin will be responsible for overall coordination and contract administration of the project. • Todd Hubmer, PE, will serve as the project principal. Todd will provide management support and assist in assigning the necessary resources and personnel to complete the project on time and on budget. • Jeff Stewart, PE, will be assigned to the project team to manage the DCP and DBE monitoring and reporting requirements involved with ARRA funding for the project. • Richard Sturtz will serve as the day -to -day construction observer and will be on- site at all times during the construction of the project. Richard is MnDOT CY certified in: Brid Construction Signals and Lighting, and all other MnDOT is requirements for state funded contracts. Minneapolis 1 St. Cloud Equal Opportunity Employer Mr. Steve Lillehaug Bass Lake Road (CSAH 10) Streetscape and Regional Trail January 19, 2010 • Page 2 of 6 project A copy of the WSB Organizational chart identifying the overall p � ect team is attached to the proposal. Resumes can be provided for all members of the project team at your request. PROJECT UNDERSTANDING The City has completed the design and received bids for Streetscape and Trail Improvements within the Bass Lake Corridor from Brooklyn Boulevard to State Trunk Highway 100 (TH 100). The project is proposed to be funded with American Recovery and Reinvestment Act Funding which has specific requirements for DBE and funding monitoring and reporting for construction activities. The project development and design has been completed in conjunction with the City of Brooklyn Center, Hennepin County, Three Rivers Park District as well as MnDOT. The completion of the construction contract will require close coordination and well h Contractor to allow for the timely communication with each agency as as the C y and cost effective resolution of issues that will arise durin g the construction. The City is requesting all services necessary to manage the project from the award of the • construction contract to the final completion and preparation of record drawings for the project. It is understood that electronic files will be provided by the City for the purposes of construction staking and record drawing preparation. Materials testing services during the construction will be completed by a separate geotechnical consultant of the City's choosing. Fees to perform materials testing and geotechnical consulting are not included in thi s scope of services. p SCOPE OF SERVICES WSB & Associates, Inc.'s project scope and proposed work plan is based on our understanding of the project as discussed previously. Proper completion of the following Scope of Services will provide WSB and the Contractor the ability to meet the City of Brooklyn Center's goals and expectations for the project. In order the complete the project, we propose the following scope of services: 1. Preconstruction Conference — WSB & Associates will facilitate the preconstruction conference following the award of the contract. We will send out notifications of the meeting, prepare an agenda, attend the meeting and prepare and distribute minutes of the meeting. Mr. Steve Lillehaug Bass Lake Road (CSAH 10) Sireetscape and Regional Trail • January 19, 2010 6 Page 3 of 6 2. Contract Administration — Work related with this task will include the following items: • Attend weekly construction meetings and prepare and distribute meeting minutes • Coordination with the City, County, Three Rivers Park District, MnDOT and private utility companies prior too and during construction • Review the project plans and specifications prior to the pre - construction conference to identify any value engineering opportunities available that may potentially result in cost - savings to the project • Review digital plans and drawing files for completeness that will be needed for staking and other construction elements including final as -built drawings that will be prepared by WSB. • Recommend change orders and supplemental agreements as they develop prior to and during construction • Weekly updates will be provided via e- mails, newsletters and/or website updates • • Preparation and processing of monthly pay vouchers for the project. Quantities and costs will be tracked on a monthly basis according to the funding scenario of the four different agencies. Proper completion of this task will provide WSB and the contractor to meet the City of Brooklyn Center's goals and expectations for the project. 3. ARRA - Documentation — WSB will prepare the necessary documentation associated with the American Recovery and Reinvestment Act (ARRA) project for processing by the City. This will include documents needed to comply with the Delegated Contract Process (DCP) for Federal -Aid projects, which may include the following applicable forms: • DCP O1 City Submitted • DCP 02 City Submitted • DCP 03 City Submitted • DCP 04 City Submitted • DCP 05 • DCP 07 • DCP 08 • DCP 09 • DCP 10 • • State Aid Payment requests • Change of Construction Status form Mr. Steve Lillehaug Bass Lake Road (CSAH 10) Streetscape and Regional Trail January 19, 2010 • Page 4 of 6 • Weekly Construction Diaries • Request for Federal Aid Payments • Supplemental Agreements • Change Orders • Work Orders • Material Certification Exception Summary • Overrun Form • Certificate of Performance • Report of Final Estimate In addition, WSB will review contractor payroll and trucking reports for prevailing wage compliance. 4. Construction Staking — WSB will provide a construction crew as necessary to provide offset stakes, grading stakes and surveying as required during the construction phase of the project. 5. Construction Observation — WSB will provide full -time construction observation services for the duration of the project. The proposed budget assumes 50 hours per week for the duration of the project which will be supplemented by • additional support for the bridge, signals and lighting and landscaping as proposed in the attached task hour budget. Our representative will maintain daily construction activity logs, quantities, MnDOT and Federal funding required construction reports as well as monitor daily construction activities for conformance to the specifications. WSB utility coordination will commence prior to actual construction. 6. Bridge Construction Observation — WSB will provide a MnDOT bridge certified observer for the pedestrian bridge construction. We will also assign a licensed structural engineer to review shop drawings and provide routine site visits during the construction. 7. Signal and Lighting Construction Observation — WSB will provide a MnDOT certified signal and lighting observer as needed during construction. We will also assign a signal designer to provide support to field staff to review shop drawings and address any issues /adjustments that may be required for the signals to be installed with the project. 8. Landscape Architecture — Brauer and Associates will provide Landscape Architecture services as needed during construction. Their activities are anticipated to include verifying planting submittals, placements, and general conformance to the specifications. Brauer & Associates activities on the project • will be coordinated through WSB personnel. I Mr. Steve Lillehaug Bass Lake Road (CSAH 10) Streetscape and Regional Trail January 19, 2010 • Page 5 of 6 9. Construction Support — Construction support services include plan modifications as they may arise during the construction of the project. WSB office personnel may provide minor field changes and modifications as necessary to quickly resolve minor construction issues with minimal demand on City Staff time. The scope of changes will be presented to the City for approval prior to WSB preparing plan and design modifications. Due to the unknown nature of any design changes required during construction, the fess have been estimated but may be negotiated as individual situations occur. 10. Record Drawings — WSB & Associates, Inc. will complete record drawings based on the information gathered during the as -built survey. Record drawings will be created from plan drawings provided by the City. A draft set of the final drawings will be provided to the City to review and mylars will be prepared once the record drawings are approved. Final copies of the record drawings will be provided on a CD in both CAD and pdf format. Mylar hard copies of the drawings will also be provided. • SCHEDULE It is our understanding that the contract for construction was awarded by the Council on January 25, 2010. Construction of the project is anticipated to start around May 15, 2010 with a final completion date of October 15, 2010. WSB Personnel would be available to begin work immediately upon your authorization. PROPOSED FEE WSB & Associates will provide the services as outlined in the Scope of Services listed previously. A summary of the costs for each phase of the project is as follows: 1. Preconstruction Conference $ 1,218.00 2. Contract Administration $ 31,704.00 3. ARRA Documentation $ 15,040.00 4. Construction Staking $ 67,776.00 5. Construction Observation $114,000.00 6. Bridge Construction Observation $ 16,980.00 7. Signal and Lighting Const. Observation $ 16,980.00 8. Landscape Architect $ 12,500.00 9. Construction Engineering Support $ 18,400.00 10. Record Drawings $ 15,264.00 • Total Proposed Fee $309,862.00 Mr. Steve Lillehaug Bass Lake Road (CSAH 10) Sireetscape and Regional Trail January 19, 2010 Page 6 of 6 A copy of the hourly budget developed for the project is attached to this letter proposal along with a copy or our hourly rates. We propose to complete tasks as indicated on an hourly reimbursable fee of $309,862.00. The ro osed scope and fee resented herein represents our complete understanding of P p P P P P g the project based on discussions with you and your staff. If you are in agreement, please sign two copies of this proposal and return one copy to our office. If you have any questions or concerns regarding this proposal, please feel free to contact me at (763) 287 -7193. Once again we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB & Associates, Inc. Kevin B. Kawlewksi, PE Todd Hubmer, PE • Associate Principal Attachments ACCEPTED BY: City of Brooklyn Center, MN By J Its D«e�}o� e�- �tiblt� -fin Ks Date - 2-110 • ORG CHART FOR BROOKLYN CENTER X 0Of BASS LAKE ROAD (CSAH 10) KLYN STREETSCAPE & REGIONAL TRAIL KEVIN KAWLEWSKI TER - Project Manager - Construction Administration - Overall Project Coordination RICHARD STURTZ - Lead Construction Observer - Bridge Certified - Signals & Lighting Certified MERLIN,JEWELL JIM ARCHER MARY SCHWARTZ JEFF STEWART I CAD Tech - Structural Engineer - Signal Support - DCP Reporting - Office Sup - Bridge Construction - Lighting Support - DBE Monitoring PP Support - ARRA Documentation CHRIS .• TZE - Office Support - Construction Surveying Coordination t Estimate of Cost A 8- Feb -10 �S� Bass Lake Road CSAH 10 Streetsca a and Regional Trail City of Brooklyn Center A Construction Engineering Services /rede plow to start. Air est0laee stay & A"ociar", Inc. City of Brooklyn Center Hennepin County . Ltlmated Boars . F.o�mIDf'_ Coro . ee® Toll ` Pnoonpe Amoelim - ''Ent':'' TOCbmaNV 3WCY observer Assaha Haws can Preconstruction Conference -WSB will facilitate and attend the I . preconstruction conference. Minutes will be prepared and distributed to 4 2 2 4 12 $ 1,218.00 all meeting participants. Contract Administration will consist of preparing monthly pay vouchers, 2. attendance at construction meetings, correspondence with the Contractor, 240 24 264 S 31,704.00 newsletter preparation and general tasks associated with the project. ARRA Documentation - WSB will complete all necessary reporting, 3. documentation and DBE requirements associated with the project in toll 40 140 S 15,040.00 accordance ARRA funding Construction Staking - WSB will provide a construction crew as 4. necessary to provide offset stakes, grading stakes and all surveying work 24 40 440 504 S 67,776.00 required during the construction. Daily construction observation services will be provided on a fidl-tme basis during construction. The WSB representative will maintain daily 5, construction logs, quantities, MnDOT required Weekly construction 1200 1200 S 114,000.00 reports and general conformance to the contract plans and specifications. Our representative will coordinate soils material testing and survey crew coordination during construction. Bridge Construction Observation will be completed by a MnDOT Certified Bridge observer. WSB will also provide a licensed structural 6' 60 120 180 S 16,980.00 engineer to perform routine site visits to conform conformance to the soccifications. Signal and Lighting Construction Observation - WSB will be completed 7. by a MnDOT Certified Signal and Lighting observer to ensure that 60 120 180 $ 16,980.00 construction is completed in accordance with the contract documents 8. Landscape Architect - See attached proposal from Brauer and Associates $ 12,500.00 WSB will provide office support staff as necessary to address potential 9. field modifications and prepare drawing revisions to expedite any 40 8o 8o 200 S 18,400.00 potential chimps during the construction. Record drawing preparation will be completed during construction. All 10. required information will be gathered during construction for inclusion 12 24 go 40 156 $ 15,264.00 on the record plans. Record plans will be provided in mylar and pdf Total Hours 24 3% 224 200 482 1442 68 2836 S 309,862.00 Vl� 134.00 126.00 to Total Direct Labor Cats $3 .26.00 1 549 596.00 I 520,832.00 k 00 6,9 $14,8000 $67,480.00 ( 51390.00 1 44148.00 I ! $ 309,862.00 I TOTAL PROPOSED FEE S 309,862.00 • • • 2010 RATE SCHEDULE Billing RatelHour Principal $134.00 Associate $126.00 Sr. Project Manager /Sr. Project Engineer $121.00 Project Manager II /Project Engineer III $112.00 Project Manager /Project Engineer II /Engineering Specialist III $105.00 Project Engineer /Registered Land Surveyor /Engineering Specialist II $96.00 Graduate Engineer II /Engineering Specialist I /Sr. Construction Observer $86.0 0 Graduate Engineer /Engineering Technician V /Construction Observer $76.00 Engineering Technician IV /Scientist III $68.00 Engineering Technician III /Scientist II $62.00 Engineering Technician II /Scientist 1 $56.00 • Engineering Technician 1 $49.00 Office Technician II $62.00 Office Technician 1 $33.00 Survey (Two- Person Crew /GPS Crew) $140.00 Survey (Three - Person Crew /Expanded GPS Crew) $167.00 Costs associated with word processing, vehicle mileage, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Schedule is adjusted annually. • L WSB City Council Agenda Item No. 6d • • COUNCIL ITEM MEMORANDUM • DATE: February 16, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer S �� SUBJECT: Resolution Approving Change Order No. 1, Project No. 2009 -21, 2009 Capital Maintenance Building Plan Recommendation: It is recommended that the City Council consider approval of the attached Resolution Approving Change Order No.l in the amount of $3,464.20 for Improvement Project No. 2009 -21, Capital Maintenance Building Plan. Background: On October 12, 2009, the City Council awarded a Contract to Excel Companies, Inc. The following represents additional work performed by Excel Companies, Inc., and is included in Change Order No.1 that is recommended to amend the Contract to complete the project. 1. City Hall — Replacement of an additional section of sidewalk that was heaved up and posed a safety issue. Estimated Additional Cost: $475.20 2. Centerbrook Golf Club House — Mold removal and drywall repair where paneling was • removed including patch and skim coat. Estimated Additional Cost: $2,550.00 3. Community Center — Revisions to door frame due to unanticipated conditions. Estimated Additional Cost: $439.00 TOTAL Change Order 1: $3,464.20 There is no revision to the completion date warranted by this change. Budget Issues: The attached resolution authorizes Change Order No.l for Project No. 2009 -21, 2009 Capital Maintenance Building Plan in the amount of $3,464.20. The original contract amount was $202,900. Change Order No.1 increases the contract amount to $206,364.20. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements • tlis�iuct: liar,urin; an utir ac tier, clean, snfi c•ommunilr that ruhnnres the c/nulih' of liJi and preserre ahc public trait adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, PROJECT NO. 2009- 21, 2009 CAPITAL BUILDING MAINTENANCE BUILDING PLAN WHEREAS, pursuant to a written Contract signed with the City of Brooklyn Center, Minnesota, Excel Companies, Inc., of Anoka, Minnesota was instructed to complete additional work as itemized on Change Order No. 1 for Project 2009 -21; and WHEREAS, said additional work was not included in the original Contract, but was deemed necessary to properly complete the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that Change Order No. 1 in the amount of $3,464.20 for Contract 09 -L is hereby approved. The revised contract amount is as follows: Original Contract Amount $ 202,900.00 Change Order No. 1 $ 3,464.20 Revised Contract Amount $ 206,364.20 • February 22, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member And upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM • DATE: February 17, 2010 TO: City Council FROM: Curt B oganey, City Managei4t SUBJECT: Hennepin County Housing and Redevelopment Authority Notice Recommendation: It is recommended that the City Council consider receiving the notice from Hennepin County HRA or identify programs that the City would not like to see operated in the City of Brooklyn Center by Hennepin County. Background: Hennepin County through its HRA and EDA operate several programs in suburban communities including Brooklyn Center. Generally speaking these programs provide financial assistance to home owners to acquire or improve their homes. In addition the County offers assistance to Cities for Transit Oriented Development. The programs are listed in the attached notice. Each City has the right to opt out of any the listed programs. If the Council desires to opt out it must act within 45 days of the notice. • Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods • Afission: L r ft,SU17'ng an attractive, cleuu, safe conununity that enhances the quulitV of and preserves the public trust - H RA HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 417 North Fifth Street, Suite 320, Minneapolis, Minnesota 55401 612 -348 -9260 January 28, 2010 Mr. Tim Willson Mayor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Dear Mayor Willson: Minnesota Statutes Section 383B.77, which authorized the creation of the Hennepin County Housing and Redevelopment Authority ( HCHRA), requires the HCHRA to annually notify suburban HRAs and EDAs of the activities the HCHRA intends to operate within their communities. The HCHRA is administering several suburban Hennepin County programs in the year 2010. • Communities may exercise their option to not have the HCHRA administer one or more of the activities within their community by notifying the HCHRA to that effect, within 45 days of the date of this notice. The HCHRA is administering the following programs: • Minnesota Cities Participation Program, First -Time Homebuyer Mortgages — Valerie Hutchinson (612- 348 - 4969). • Minnesota Housing Rehabilitation Program — Jim Graham (612- 348 - 2235). • Minnesota Housing Community Revitalization Fund Program — single - family, accessibility modular ramp grant — Carol Stinar (612- 348 - 2670). • Hennepin Homeownership Program (HHP) — per unit homebuyer grants to our partners West Hennepin Affordable Housing Land Trust (WHAHLT), Twin Cities Habitat for. Humanity and City of Lake Land Trust (CLCLT) to create homeownership opportunities for underserved households — Valerie Hutchinson (612 - 348 - 4969). BOARD OF COMMISSIONERS • Mike Opat Mark Stenglein Gail Dorfman Peter McLaughlin Randy Johnson Jan Callison Jeff Johnson Mayor Willson January 28, 2010 • Page 2 • Affordable Housing Incentive Fund Program (AHIF) — developed in response to the shortage in Hennepin County of housing affordable to low- income households. As a requirement of the AHIF Program, all project proposals must have municipal support prior to actually receiving assistance. The HCHRA will be requiring a city council resolution (if not currently in place) in support of selected AHIF projects — Carol Stinar (612- 348 - 2670). • Lead Hazard Control Program — AHIF funded activity to assist private owners address lead hazards in eligible affordable rental properties. AHIF funds supplement a HUD- funded program that assists private owners address lead hazards in eligible properties. AHIF funds specifically support assistance for affordable efficiency units — Mike Jensen (612 -348- 2114). • Transit Oriented Development Program (TOD) — designed to assist development proximate to priority transit corridors and hubs. As a requirement of the TOD Program, all project proposals must have municipal support prior to actually receiving assistance. The HCHRA will be requiring a city council resolution (if not currently in place) in support of selected TOD projects — Patricia Fitzgerald (612 -543- 0864). We look forward to continuing to work with you in implementing these programs and to develop i additional innovative approaches to address housing and community development needs. Please contact Housing, Community Works and Transit Department program managers listed above for further details on the programs or specific funding allocations. S' Philip C. Eckhert Deputy Executive Director cc: Commissioner Mike Opat Commissioner Mark Stenglein Commissioner Gail Dorfinan Commissioner Peter McLaughlin Commissioner Randy Johnson Commissioner Jan Callison Commissioner Jeff Johnson Curt Boganey, City Manager • City Council Agenda Item No.. 6f • • COUNCIL ITEM MEMORANDUM • DATE: 17 February 2010 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Annual Report on Franchise Fees Recommendation: It is recommended that the City Council receive the annual report on franchise fees given below. Background: As a condition of the ordinances adopted to establish and implement the franchise fees on Xcel Energy and CenterPoint Energy, staff is required to report to the City Council annually on the collection of franchise fees. This memorandum will serve that purpose. No formal action is required at this time. The 2009 fiscal year was the sixth year for collection of franchise fees from Xcel Energy and CenterPoint Energy. Receipts for the year from each of the franchisees were as follows: Companv Date Received • Xcel Energy 05/04/2009 $ 98,865.00 1 st Qtr. Xcel Energy 08/05/2009 99,734.09 2nd Qtr. Xcel Energy 11/02/2009 99,454.45 3rd Qtr. Xcel Energy 01/31/2010 101,728.07 4th Qtr. Subtotal $ 399,781.61 2009 CenterPoint Energy 04/22/2009 $ 64,694.60 1 st Qtr. CenterPoint Energy 07/28/2009 63,880.04 2nd Qtr. CenterPoint Energy 10/19/2009 64,071.67 3rd Qtr. CenterPoint Energy 01/20/2010 64,350.84 4th Qtr. Subtotal $ 256,997.15 2009 TOTAL $ 656.778.76 2009 All dollars received from the franchise fees were receipted to the Street Reconstruction Fund for use in the repair and reconstruction of city streets. For the 2009 fiscal year, $ 850,000 was scheduled for transfer from the Street Reconstruction Fund for the Aldrich Neighborhood Street Reconstruction project. Combined with the revenues received above and the cash remaining from prior year collections, the Street Reconstruction Fund will hold about $ 1.36 million for future projects as of 31 December 2009. mission: Ensuring an attractive, clean, safe conununify that enhances the quatitr of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: • The report above covers any budget issues that may be relevant to the current situation. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements • • !1lission: Ensuring an attractive, clean, safe community that enhances the quali(v of life and preserves the public trust • City Council Agenda Item No. 7a I There are no materials for this item. I City Council Agenda Item No. 7b i COUNCIL ITEM MEMORANDUM . DATE: February 16, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Expressing Recognition and Appreciation of Todd Boster for His Dedicated Public Service on the Financial Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Todd Boster for His Dedicated Public Service on the Financial Commission. Background: Todd Boster served on the Financial Commission from April 9, 2007, through December 31, 2009. Mayor Willson has requested that residents be recognized for their service on commissions by Council Resolution. Budget Issues: There are no budget issues to consider. ffission: Ensuring an attractive, clean, safe communh) that enhances lire quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TODD BOSTER FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Todd Boster served on the Financial Commission from April 9, 2007, through December 31, 2009; and WHEREAS, he has made significant contributions as a member of the Financial Commission, including evaluating and developing fiscal policies, fiscal procedures, Mayor and Council Member total compensation, and budgetary and capital matters; and WHEREAS, his leadership and expertise have been greatly appreciated by the Financial Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Todd Boster is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. February 22, 2010 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. • f City Council Agenda Item No. 7c • • COUNCIL ITEM MEMORANDUM • DATE: February 16, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer S �" SUBJECT: Resolution Expressing Recognition and Appreciation of Dave Peterson for Over 35 Years of Dedicated Service to the City of Brooklyn Center Recommendation: It is recommended that the City Council consider approval of the attached resolution expressing recognition and appreciation of Dave Peterson for his dedicated service to the City of Brooklyn Center. Background: Dave began his employment with the Brooklyn Center Public Works Department on September 16, 1974. He is retiring on February 26, 2010, after more than 35 years of dedicated service to the City of Brooklyn Center. Dave has been a big part of the backbone within in the Public Works Department and has been a consistent thread that has made the department so successful. The attached resolution is in appreciation of the high degree of professionalism and proficiency that Dave provided to the City. • Budget Issues: There are no budget issues to consider. • Uhrinrt: Fn,trrrrt; w rtrrr;: !::. '' ,rc. w/ ,ntnruurr, thr;r vrlrr;urr + thr yttolitt of hfc unr(prr' rrrt the puGli, Prrnt Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DAVE PETERSON FOR OVER 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER WHEREAS, Dave Peterson has been an employee of the City of Brooklyn Center since September 16,1974, and will retire February 26, 2010, after more than 35 years of dedicated public service to the City of Brooklyn Center and its citizens; and WHEREAS, Dave Peterson has consistently provided the City of Brooklyn Center and its residents with dedicated public service during his tenure working in the capacities of Acting Director of Public Works, Deputy Director of Public Works, Public Works Superintendent, Public Works Supervisor and Maintenance II Worker within the Public Works Department; and WHEREAS, Dave Peterson was instrumental in the administration and management of numerous public works functions, programs and projects including: management of the Central Garage, Streets and Parks Division and Utility Division; implementing the City's original fleet management program, equipment replacement costs and schedules and managing the system since • implementation; installing the City's first Supervisory Control and Data Acquisition (SCADA) system for the City's utility infrastructure; developing water use regulations in response to the 1988 drought; establishing the 15 -year Capital Maintenance Building Plan and the first two years of projects under the plan; spearheading the Automatic Meter Reading project and monitoring the project from conception to completion; managing the leases for cellular antennas on City water towers; coordinating the public works maintenance facility addition and remodeling; liaison for Highway 100 project in Brooklyn Center; organizing past City events including Public Works Week Open House and Public Works Week picnic; as well as many other functions of the Public Works Department; and WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the professionalism with which Dave Peterson has discharged his duties and made a positive impact on the community of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Dave Peterson is hereby recognized and appreciated by the City of Brooklyn Center. • RESOLUTION NO. • February 22. 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. 7d COUNCIL ITEM MEMORANDUM • DATE: February 17, 2010 TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police SUBJECT: Police Department's 2009 Council Report P Recommendation: No council action is required. Presentation is for information only. Background: On behalf of the police department the chief will present, through a PowerPoint presentation, the department's results and activities in review of 2009. Overall crime is down in 2009. Police department productivity is up, and initiatives are working. The citizens' survey conducted by' Decision Resources, Ltd. indicates community satisfaction of the police department. Budget Issues: There are no budget issues to consider. • Council Goals: Strategic: 1. We will ensure a safe and secure community. _......._ ........ . ...... .. .... ... ................................................_........... .._.... ............. ..................._.... Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust i °.max.. �- � .Aa'�•. A a 8"'fl Rv } art r g-. v a .y crime is Duwi i W , MAT �tEte, o �� Ev NO logo c Rape 27 31 29 31 25` ry h 'M u I -.Y•. RO Nr ray 4 Assault 65 76 81 70 91 \ m WEV x � , k Nk w f; v' r �rry5 �5" '4 2145 .8 i P s 3 (r< ysy y Theft 1303 1593 1540 1591 1561 Auto eft 13 1564 Y , 3 S �J } g _ I Arson 4 15 5 7 7 IMer �:•� III 1"A F d � s,. N s' R s� NO 1 Sim- .................... MR o r l Part 11 Crimes include: other assaults, forgery, fraud, embezzlement, stolen property, vandalism, weapons, prostitution, sex offenses, narcotics, gambling, family offenses, DUI, liquor, disorderly conduct, vagrancy, and other. Crime is Down Productivity is . Up I r Y �E y 9" M S u rlv,, F \\ y .. \\\`\ \ \ \\\ �. Y \10 Ell \ \ \\ \ \\`x as \ �, �_ \ \ •x \ * Dispatch changed on July 1, 2007, from Brooklyn Center to Hennepin County Dispatch. With the change a call for service now includes any police response to a 911 call, a non-emergency call, a traffic stop, any criminal activity witnessed by an officer on patrol, any self-initiated activity, assistance provided to another agency, a spot check, or any incident for which an officer is flagged down for help by an individual. In 2009, there were 1,640 more traffic-related calls; 2,387 more spot checks; and 1,575 more parking-related calls compared to 2008. Y ffl\ Kz ME I \ \ \ e \\ Curfew & 866 637 100 n/a n/a Truancy Y y < ql VI � %� ' �Y 3 2 9f _�s ( Y,a's^� r .r� r7#..72 -it Vim } r �u F ✓r d Parking 1926 914 1318 1726 1398 Uialati©ns ire 1W F WON \\ \ Av;; v��� yv r �Vv\\ av Tom,,, ^', \\`. .. .;+.�,����`�.\.. . ,...\.o..\ ....``xi��� A��. N\ Crime is Down Productivity is Up Department Initiatives are Working 1 . Smart and Proactive Policing 2 . Partnerships and Collaborations 3 . Community Outreach Crime is Down Productivity is Up Department Initiatives are Working Community Satisfaction City Services 2009 City of Brooklyn Center Police Protection : t Fire Protection : Recycling Pick-Up • Storm Drainage/Flood Control • Park Maintenance City Recreation Programs • Animal Control • EMS City Drinking Water • City Street Repair/Maintenance • Snow Plowing • Street Lighting : 0 20 40 60 80 100 120 Excellent/Good Only Fair/Poor Decision urc s, Ltd. Unsafe City Areas 2009 City of Brooklyn Center Yes 46% Brookdale, % Blvd,Brooklyn No 54% Decision Resources, Ltd. Greatest 2009 City of Brooklyn Center Violent Crime 18 shootinOS' 59% Traffic Speeding 5 Traffic Volume/Residential 1 Drugs 15 Youth Crimes/Vandalism 25 Identity Theft 1 Business Crimes 4 Residential Crimes 15 Vandalism 7 All Equally 1 None of Above 6 Unsure 3 0 5 10 15 20 25 30 Percentage Decision Resources, Ltd. CITY of BROO,.,,.K., LYN CENTER l POL:W MENT E' I c teed and ' in a manneir ,hat preserves the c is All r yu 3� w� 9 a I lw Tlialnk ou • City Council Agenda Item No. 7e COUNCIL ITEM MEMORANDUM DATE: February 22, 2010 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, ssistant City Manager/Director of Building & Community Standards SUBJECT: Census 2010 Update Recommendation: Information is being provided to update the City Council about the 2010 Census and activities. Background: The official 2010 Census project is well underway. Residents will receive the Census Questionnaires in their mailboxes in March 17 -19, 2010. The official Census Day is declared April 1, 2010. Achieving an accurate and complete count of City residents is important to the City of Brooklyn Center, as well as the State of Minnesota. The results of the 2010 Census will affect Brooklyn Center for ten years and beyond. The Census 2000 self - response mail return rate for Brooklyn Center was 78% compared to the Minnesota rate of 75 %. For nonresponsive households, Census workers have to personally count households, increasing the chance of error. The U.S. Census Bureau considers Brooklyn Center a high priority area for maintaining or improving response rates, especially because of the transition of residents the past ten years and demographics. Staff is working with the Census to improve the rates for hard to reach populations and geographical groups, and Brooklyn Center Snowbirds. Citv Census Activities As part of the Complete Count Committee, the City is using existing networks and systems in order to improve the city's census count rate. Information has been disseminated in the City Watch and on the website to encourage all residents to participate. Brooklyn Center City Hall is being used as a testing site for recruiting local temporary Census employees. Census Questionnaire Assistance Centers (QAC) and Be Counted Centers (BC) will be located in various locations in Brooklyn Center. A meeting will be held on March 11, 2010 to review Census strategies with apartment managers, schools, nonprofit and community organizations and other important community partners. We hope to have some promotional items available as reminders of the importance of this year's Census. The goal is to maximize the self - response mail return rate, as well as foster positive community engagement. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust i COUNCIL ITEM MEMORANDUM Kev concepts about the 2010 Census Its Safe- Personal information you share during the census is protected by Federal law and not I made public. Everyone living in the United States should be counted regardless of legal status. Citizenship Status will not be asked on the Census Form. It's Easy - The 2010 Census is the shortest it's ever been since 1790. It will only take 10 minutes to complete! It consists of ten questions pertaining to age, gender, Hispanic origin, race, relationship, tenure and administrative questions (how many, telephone number, etc.). The longer form will not be used since the detailed information is now collected annually through the American Community Survey. Its Important- Data collected from the census is used to allocate congressional seats, determine what type of and where to provide community services, and determines distribution of more than $400 billion in federal funding to state and tribal governments. The State of Minnesota has a potential of losing seats in the U.S. House of Representatives as well as have a redistricting of state legislatures. The data collected from the Census is also used as part of the city's strategic planning process, to help make sound decisions about policy and programs. Census information is also used by private business, government, non -profit groups and researchers. 2010 Census Timeline/Key Dates 2008 -2009 City participated in LUCA program to ensure accurate Census files regarding residential addresses and maps. Spring 2009 Census employees go door -to -door to update address list nationwide Fall 2009 Recruitment began for census taker needed for peak workload in 2010 January- Y Local census employee recruitment process underway 2010 March 17 -19, Census questionnaires are mailed or delivered to households. 2010 April 1, 2010 Official Census Day (April — July 2010 Census takers visit households that did not return a questionnaire by mail December 2010 By law, Census Bureau delivers population counts to President for apportionment. March 2011 By law, Census Bureau completes delivery of redistricting data to states. I Budget Issues: There are no budget issues to consider. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Be Counted /Questionnaire Assistance Center Program Brooklyn Center City Council Meeting 22 February 2010 Gary Van Eyll — Local Census ice Manager, Edina, MN USCENSUSBUREAU Program overview • The Be Counted program is intended for persons who: — May not have received a census questionnaire at their home — Believe they were not included in the census questionnaire received at their home — Were without conventional housing on Census Day and were not counted by any other method USCENSUSBUREAU 2 V O 1 Program overview - cont. • The Be Counted program is implemented using 2 types of sites — Standalone Be Counted sites — Questionnaire Assistance Centers (QAC) /Be Counted sites USCENSUSBUREAU s Sao Program overview - cont. • Be Counted sites are places where Be Counted containers with questionnaires are available to the public for pick up • Be Counted questionnaires are available in the following languages — English — Korean — Spanish — Vietnamese — Chinese — Russian USCENSUSBUREAU 4au 2 Program overview - cont. • QAC sites, in addition to providing a Be Counted questionnaire to persons who request one, are staffed with QAC Representatives • QAC sites are also Be Counted sites USCENSUSBUREAU s q o; Program overview cont. • QAC Representatives provide support to the public in the following areas: — Answer general Census questions — Provide a Be Counted questionnaire — Assist those who need help in completing their questionnaire — Assist those who need language support USCENSUSBUREAU 3 J Program overview - cont. • QAC sites in areas where forms are personally delivered (called Update /Leave (U /L) open on 26 February 2010 • QAC sites in all other areas, and all Be Counted sites open on 19 March 2010 • QAC /BC Closeout is on 22 April 2010 USCENSUSBUREAU Be Counted and QAC sites • There are about 40,000 sites in the Be Counted program nation wide — 10,000 are standalone Be Counted sites — 30,000 are QAC /Be Counted sites U S C E N S U S B U R E A U 4 Be Counted and QAC sites - cont. • Site location assumptions — Sites will be located in the following Type of LCO areas: • Type A — Urban /Hard to Count • Type B — Urban /Metropolitan • Type C — Suburban /Rural, at a lower rate than Type A and B LCOs (as appropriate) USCENSUSBUREAU s �r 0 0 Be Counted and. QAC sites - cont. • RCCs allocate sites to the LCOs • To allocate sites to LCOs use: — Planning Database — Tract Action Plan — Type of Enumeration Area • Most sites need to be located in hard -to- enumerate areas — also allocate about 5% of the total number of QAC sites to UL areas U S C E N S U S B U R E A U ,o �P U 5 J Be Counted and QAC sites - cont. • Other allocation considerations at the discretion of the RCC, for example — Temporary site — a Be Counted container is made available at a regional /community activity — Mobile site — Be Counted site in the Road Tour USCENSUSBUREAU Determine initial number of Be Counted questionnaires for containers • LCOs will be provided with a number of questionnaires by language based on data from the Census Planning Database • LCOs will determine the number of questionnaires to put in the box based on LCO knowledge of the area, input from the RCC or input from partner organizations • Be Counted container holds 120 questionnaires USCENSUSBUREAU , �9 d 6 Determine initial number of Be Counted questionnaires for containers - cont. • LCOs determine the number of questionnaires by language to place in these containers — Each Be Counted container needs to have at least 5 questionnaires of each language — In highly diverse areas, place about the same number of questionnaires by language — Where a language other than English is predominant, LCOs can place more questionnaires of that language. • LCOs can place up to 95 questionnaires of any one language U S C E N S U S B U R E A U 13 0 0 Close out visit • Close out visit is scheduled on 4/20/10, the day after the end of Be Counted (4/19/10) • Be Counted clerks must visit all sites • Be Counted clerks will return all unused materials back to the LCO USCENSUSBUREAU 14a o'er 7 City Council Agenda Item No. 8a i COUNCIL ITEM MEMORANDUM • DATE: February 12, 2010 TO: Curt Boganey, City Manager THROUGH: Gary Eitel, Director of Business and Development FROM: Tom Bublitz, EDA/HRA Specialist SUBJECT: Public Hearing on Proposed Use of 2010 Community Development Block Grant Funds and Resolution Approving Projected Use of Funds for 2010 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. Recommendation: It is recommended that the City Council consider approval/adoption of Resolution Approving Projected Use of Funds for 2010 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. • Background: 2010 CDBG Allocation Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are awarded to the county and are allocated to the participating cities on a formula basis. Hennepin County has notified the City of Brooklyn Center that its preliminary allocation of the 2010 Urban Hennepin County Community Development Block Grant (CDBG) entitlement is $188,965. This preliminary amount is identical to the City's 2009 allocation. H.R. 3288, the Consolidated Appropriations Act of 2010, was signed into law on December 16, 2009. The final allocation of CDBG funds to be awarded to Hennepin County is not yet known as of the date of this memorandum. Information from Hennepin County indicates the final County 2010 CDBG award may be 7% to 7.5% higher than the 2009 County CDBG grant award which was $2,426,294. The actual increase to cities will vary. Federal CDBG Reauirements The federal authorizing statute for the CDBG program requires that each funded CDBG activity meet one of three national objectives: benefiting low income persons, preventing or eliminating slums and/or blight and meeting urgent community needs. The federal statute also specifies that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and/or i very low income persons. Each city must meet this requirement at the local level. Hission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Based on the preliminary 2010 CDBG allocation, meeting the 70 percent requirement means that $132,275 of the $188,965 allocation must be expended on programs and services directly benefiting low income persons. Low income persons are defined as persons with incomes ranging from 30 to 50 percent (very low income) to 80 percent (low income) of the median household income in the Minneapolis /St. Paul metropolitan area as defined by HUD. 2010 HUD income data is not yet available. A table showing 2009 HUD income data is included in the attachments to this memorandum. Summary of 2009 CDBG Allocations The following summary represents the City's 2009 CDBG allocation: • Senior Community Services Household Outside Maintenance for the Elderly (H.O.M.E.) program -- $15,150 • Community Emergency Assistance Program Senior Services program -- $9,285 • Neighborhood Stabilization/Code Enforcement program -- $150,000 HOME Line's Tenant Advocacy -- $3,500 • Housing Rehabilitation ( Rehabilitation of Private Property) -- $11,030 NOTE: The City's preliminary CDBG allocation for 2009 was $186,215. The City's final 2009 CDBG allocation was $188,965. The $2,750 difference between the preliminary and final allocation was assigned to the Housing Rehab program. 2010 CDBG Requests for Funding • • Senior Community Services Household Outside Maintenance for the Elderly (H.O.M.E.) program 2010 request is $15,150 to continue the H.O.M.E. Program in Brooklyn Center. Details of Senior Community Services H.O.M.E. Program is provided in their attached 2010 CDBG Request for Funding form. It should be noted that, in addition to the items listed in the 2010 Request for Funding form submitted by Senior Community Services, the agency assisted with the resolution of two "garbage house" situations encountered by city staff in 2009. This program has been part of the City's CDBG program for 15 years. • Community Emergency Assistance Program (CEAP) 2010 request is $13,000 to continue the Senior Services Program in Brooklyn Center, including Meals on Wheels. Details on the CEAP Senior Services Program is provided in their attached 2010 CDBG Request for Funding form. This program has been part of the City's CDBG program for 10 years. • City of Brooklyn Center Neighborhood Stabilization/ Code Enforcement Program request is $150,000 to address foreclosed and vacant properties and arrest the decline of neighborhoods in the City. Details on the CDBG Code Enforcement activity is provided in the attached 2010 Request for Funding form. This is the second year of funding for the code enforcement activity. • HOME Line Tenant Advocacy Services request is for $7,000 to provide funding for . HOME Line's Tenant Advocacy Services. Program. Details on HOME Line's request is Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • provided in their attached 2010 CDBG Request for Funding form. This is the second year of funding for this program. • Home Rehabilitation Program (Rehabilitation of Private Property). If the City Code Enforcement Program is approved and the maximum public service amount of 15% is awarded to any or all of the public service requests (Senior Community Services, CEAP and HOME Line) there would be $10,620 available to allocate to this program from the 2010 preliminary CDBG allocation. This amount would be used to address emergency items such as furnace replacement, water and sewer service repair, etc.. This CDBG program has been part of the City's CDBG program since CDBG was first created in the 1970's. CDBG ADMINISTRATIVE REOUIREMENTS • Pursuant to program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15 percent cap on public service projects. The H.O.M.E. Program (Senior Community Services), Senior Services Program (CEAP) and the HOME Line Tenant Advocacy Program are categorized as public service projects. Based on the preliminary allocation for 2010, the maximum amount of CDBG funds that can be allocated to public service activities is $28,345 or 15% of the City's 2010 preliminary CDBG allocation. The 15% cap on public service is a CDBG statutory requirement. • • Hennepin County has indicated that no more than three activities should be undertaken in each city receiving CDBG funds and that each activity should have a budget of at least $7,500. This is not a statutory requirement and the county has indicated in their CDBG guidelines that, with regard to the $7,500 amount, "when funds are committed by other cities to carry out a single activity of mutual interest, these limits do not apply ". The H.O.M.E. Program (Senior Community Services) and HOME Line are both considered multi -city activities or county wide activities.. • CDBG activities must address a high priority need according to the County's Consolidated Plan for affordable housing, community development and human services. Cities funding activities that are not high priorities under the consolidated plan must explain why the project is needed in their city. All requests for CDBG funding received for 2010 CDBG funds are categorized by Hennepin County as high priorities for 2010. PUBLIC HEARING AND RESOLUTION The attached public hearing notice was published in the February 4, 2010 edition of the Brooklyn Center Post. Hennepin County requires a public hearing be held on the use of CDBG funds and that the 2010 CDBG programs be submitted to Hennepin County by February 23, 2010. A resolution approving the 2010 CDBG program has been prepared for City Council consideration. Funding for the 2010 CDBG program would be made available by July 1, 2010 and CDBG funds must be spent no later than December 31, 2011 (within 18 months). The City's 2010 CDBG funds can be reallocated during the 18 month period between July 1, 2010 and December 31, • 2011 by action of the City Council, after conducting another public hearing regarding the reallocation of CDBG funds. :Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The resolution included with this memorandum also authorizes signature of the Subrecipient • Agreement, which is the agreement between Hennepin County and the City of Brooklyn Center relative to CDBG funds and also any third party agreements that would be executed between the city and third party vendors such as Senior Community Services the Community Emergency Assistance Program (CEAP) and HOME Line. These agreements are standardized agreements developed by Hennepin County and will be submitted after approval of the City's 2010 CDBG program. Representatives from Senior Community Services, CEAP and HOME Line have been notified of the public hearing. RECOMMENDATIONS FOR 2010 CDBG ALLOCATIONS Total preliminary 2010 City Allocation for CDBG Program Year 2010 (July 1, 2010 through December 31, 2011) is $188,965. Staff is recommending the following program/activity allocations for Program Year 2010: CDBG Activitv Requested Amount Recommended Amount_ Senior Community Service $15,150 $15,150 H.O.M.E. Program CEAP Senior Service Program $13,000 $9,410 City of Brooklyn Center $150,000 $150,000 • Neighborhood Stabilization/ Code Enforcement HOME Line Tenant Advocacy $7,000 $3,785 Program Home Rehabilitation Program $10,620 $10,620 TOTAL $188,965* *The proposed resolution approving the City's 2010 CDBG program provides that the City Manager is authorized "to adjust project budget(s) to reflect an increase or decrease in fundiNG. Budget Issues: There are no direct municipal budget issues. CDBG funds are exclusively federal dollars. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods. 2. We will positively address the community demographic makeup and increasing cultural diversity. • Mission: Ensuring an attractive, clean, safe communiq that enhances the quality of life and preserves the public trust • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the city held a public hearing on February 22, 2010 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of $186,965 from the 2010 Urban Hennepin County Community Development Block Grant; and • WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, pursuant to the Subrecipient Agreement between the City of Brooklyn Center and Hennepin County, the city agrees to assume certain responsibilities for the utilization of Community Development Block Grant funds; an WHEREAS, a notice to solicit public comment was published and comments were solicited for a period of 15 days, ending February 19, 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it approves the following projects for funding from the Urban Hennepin County CDBG Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2010 Urban Hennepin County Community Development Block Grant Program. Project Budget Household and Outside Maintenance for the Elderly $ 15,150 CEAP Senior Services $ 9,410 • Homeline Tenant Advocacy Program $ 3,785 City of Brooklyn Center Neighborhood Stabilization Code Enforcement • Activity $ 150,000 Home Rehabiliation Program (Rehabilitation of Of Private Property) $ 10,620 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2010 CDBG Program. BE IT FURTHER RESOLVED, that should the final amount of FY2010 CDBG available to the city be different from the preliminary amount provided to the city, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. 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. • ATTACHMENTS • CDBG PUBLIC HEARING NOTICE • CDBG INCOME ELIGIBILITY DATA • REQUEST FOR FUNDING FORMS ✓ H.O.M.E. (SENIOR COMMUNITY SERVICES) ✓ CEAP (SENIOR SERVICES) ✓ NEIGHBORHOOD STABILIZATION /CODE ENFORCEMENT • ✓ HOME LINE (TENANT ADVOCACY) ✓ HOUSING REHABILITATION • • PUBLIC HEARING NOTICE - 2010 CDBG PROGRAM City of Brooklyn. Center` ' (Official Publication) - NOTICE OF PUBLIC HERRING: CITY OF-BROOKLYN CENTER 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT . PROGRAM COMMENT , , ' Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing' and Community Development Act of 1974, as amended, is holding :a public hearing on February 22, 2010, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hag, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public. hearing is on the housing,and community de- velopment needs and the.City's proposed use of.the esti- mated 2010. Urban Hennepin County Community Dever opment Block .Grant Program, planning allocation of $188,965, In addition, between July 1, 2010 to June 30,2011,' it is ' estimated that no additional program income from previ- ously funded CDBG activities volt be available to the City. The City of Brooklyn Center is proposing to undertake the following 'activities with 2010 Urban Hennepin County • CDBG funds starting on or about July 1, 2010.- . Neighborhood Public. Service Projects $26.345 Neighborhood Revitalization Code ' Enforcement Activity $150,000 Rehabilitation of Private Property. $10,620 For additional information on the priorities, proposed ac- tivities, level of funding and program performance, contact the City of Brooklyn Centerrat 763 -569 -3300 or the Hen= nepin County Housing Department at 612- 348 -9260. The public hearing" is being field pursuant to MS_ 471.59. Auxilia'fy.- aids• for, persons with disabilities are available upon request .at least 96 hour<s� in advance.. Please con- .. . _tact. the City. Clerk, at 763 -569 -3300 to make arrange- ments..• (Feb, 4 6DBG -RC t Legal Notices continued on next page - Hennepin County Memo 2010 INCOME DATA NOT YET AVAILABLE, DATE: March 30, 2009 TO: Hennepin County CDBG Subrecipients & Other Agencies FROM: Mark Hendrickson S SUBJECT: 2009 SECTION 8 INCOME LIMITS & POVER TY GUIDELINES Below are new Section 8 income limits effective as of March 10, 2009. Again this year there was an increase in the area median income (AMI) from $80,900 $83,900. As a result, income limits at 30, 50 and 60 percent of AMI also increased. Additional information on how income limits are calculated is available on HUD's website- www. huduser .org/datasets/il/il2009.Click on `Transmittal Notice' under Income Limits. Income limits for households at 80% AMI also increased, but by a lower percentage. The national median income for household of four is used as a cap in calculating lower - income income limits. The national median income increased from Y 500 last 61 year to $64,000 this year. $ • The followin g income limits must be used in calculating household income eligibility for HUD- funded activities that need to do c ument o 1 w /moderate - income benefit. The income limits are effective until further notice. FY 2009 AREA MEDIAN HOUSEHOLD INCOME: $83,900 (MPLS /ST. PAUL METRO AREA) Household 80% ,, 2 ` ' yam, tY • _ Slzo .... LQVIp Income : `. -., u . : fi •- y;,,�.y x :' e .�I1COp148 ' „,. �xt >a , ix 1 Person $44,800 35,240 $29,350 $17,600 2 Person $51,200 40,270 $33,550 $20,100 3 Person $57,600 45,310 $37,750 $22,650 4 Person $64,000 50,340 $41,950 $25,150 5 Person $69,100 54,370 $45.300 $27,150 6 Person $74.250 58,390 $48,650 $29,150 7 Person $79,350 62,420 $52,000 $31,200 8 Person $84.500 66,450 $55,350 $33,200 'Calculation based on % of AMI ($83,900) by HH size: 1/7096, 2/ 80 %, 3/90%, 4/100%, 5/108%, 6/116 %, 7/124%, 8/132% 2009 Federal - HHS Poverty Guidelines (effective 1/23/09): One person - $10,830, Two person - _ on - 25 790 Six 14 570 Three person 18 310 Four person - $22,050, Five person $ person - $29,530, p $ p $ P P Seven person - $33,270, Eight person - $37,010. • TATRE\4HOUSWG DEVELOPEMEN'INConplan4Section 8 Income Limits\2009 Sec 8 Inc & Poverty limits\memo'09 Section 8 inc limits.doc HENNEPIN COUNTY HOUSING, COMMUNITY WORKS AND TRANSIT 417 NORTH FIFTH STREET, SUITE 320, MINNEAPOLIS, MN 55401 MAIL CODE: 608 PHONE: (612) 348 -9260 -FAx: (6 12) 34&2920- TOD/TTY: (612) 5968985 2010 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING ffzllable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: H.O.M.E. (Household & Outside Maintenance for Elderly) 3. Contact Person/ Phone No. Kitty Engle / 952- 888 -5530 B. PROJECT DATA 1. CDBG Funding Requested $ 15,150 (needs to be same as council resolution) 2. Is this an existing CDBG- funded project? ®Yes ❑No 3. Project Location: Address or Citywide X 4. Project Description: (Describe the project in as much detail as possible, including the • local need(s) the project will address.) The H.O.M.E. (Household and Outside Maintenance for Elderly) program helps seniors stay in their homes with dignity. , It seems like every day we hear about people losing their homes to foreclosure. It is frustrating that there really isn't anything we can do to help these folks. There is another group of our neighbors that could lose their homes this year, not to foreclosure but to the inability to care for their homes. This is a group we can help stay in their homes through supporting the H.O.M.E. program. H.O.M.E. services are provided on a sliding contribution scale. H.O.M.E. is able to offer its services to seniors regardless of ability to pay. But this is only possible with community support. H.O.M.E. Services include: • Homemaking(dishwashing, laundry, grocery shopping, meals and cleaning) • Lawn mowing • Snow removal • Interior and exterior painting • Seasonal outdoor work (raking, pruning, weeding, mulching) • Minor repairs (leaky faucets, door handles, replace light bulbs) • 1 • Disability - related projects (for example, installing grab bars) Over 80% of H.O.M.E. clients are unable to pay the full cost of services. For them, H.O.M.E. is a lifesaver that helps them age with dignity in their own homes. Program offices are located at Creekside Community Center, 9801 Penn Avenue South, Bloomington; Senior Community Services 10709 Wayzata Blvd., #111, Minnetonka; Minnetonka Community /Senior Center, 14600 Minnetonka Blvd., Minnetonka. Clients gain access to the program either by contacting one of the H.O.M.E. offices or by referral by an area agency. Revenues are derived from client fees, Metropolitan Area Agency on Aging, cities in which H.O.M.E. operates, United Way, private foundations, client contributions and Friends of H.O.M.E., an organization that solicits donations from businesses, churches, community groups and individuals. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) • Rental Housing Existing Housing (Rehabilitation) First Time Homeownership Homelessness Special Needs Housing Public Service X Neighborhood Revitalization Transportation Services 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) In 2009, H.O.M.E. served 49 Brooklyn Center seniors and provided 952 hours of service. From 2008 to 2009, H.O.M.E. more than doubled the number of seniors served and nearly trippled the hours of service. It is anticipated that H.O.M.E. will slightly increase the number seniors served and hours of service in 2010. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the 2 first 12 months of the 18 month expenditure period. Expenditure period begins July 1, • 2010 and ends December 31, 2011) Task: Ongoing delivery of H.O.M.E. services including: Maintenance (minor carpentry, plumbing, electrical repairs and interior /exterior painting); Chore Services (lawn mowing and snow shoveling); and, Homemaking (cleaning, vacuuming, dusting, washing clothes and window cleaning). Date Ongoing Task: Date Task: Date 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $67,003 Prior Year CDBG Funding (for this project) $15,150 Other Federal Funds (specify) MAAA $77,123 Low Income Housing Tax Credits $ State (specify) $ Municipal $ Metropolitan Council $ • Private (specify) $130,181 Community FFoundations, Friends of H.O.M.E., United Way, other Foundations) Other (specify) $344,302 (Bloomington HRA, Client Fees & Program revenue) Project Total $633,759 3 • Household& H.O.M.E., a program of Senior Community Services, a non -profit agency, provides homemaking and home maintenance services for residents age 60 and older in many suburban communities of Hennepin County. Established in 1980, i this program helps senior citizens remain independent by providing services they are unable to do for themselves. Service • costs are based on a sliding contribution scale. Our core staff, with a network of skilled workers and volunteers, perform the following services: interior and exterior painting • minor repairs • installation of safety bars • minor plumbing • raking, snow shoveling, and mowing • house cleaning, laundry and grocery shopping H.O.M.E. NORTH 763 - 450 -4311 Serves Crystal, New Hope, Plymouth, Golden Valley, Brooklyn Center, and Robbinsdale. i H.O.M.E. SOUTH 952 - 888 -5530 Serves Bloomington, Eden Prairie, Edina, Richfield, and St. Louis Park. H.O.M.E. SOUTH 952 - 939 -8363 Serves Hopkins and Minnetonka Services are provided regardless of race, color, sex, sexual orientation, religion, disability, or national origin. Funded in part by the United Way and by the Metropolitan Area Agency on Aging (as part of the Older Americans Act). 2010 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (flllable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project-Name: CEAP Senior Services Program I Contact Person/ Phone No. Beverly Bushyhead / 763 - 450 -3663 B. PROJECT DATA 1. CDBG Funding Requested $13,000 (needs to be same as council resolution) 2. Is this an existing CDBG- funded project? ®Yes E]No 3. Project Location: Address: 6840 78 Avenue N, Brooklyn Park, MN 55445 Citywide: Program serves the city of Brooklyn Center 4. Project Description: (Describe the project in as much detail as possible, including the P P J local need(s) the project will address.) CEAP's Senior Chore Services Program matches volunteer and low cost workers to meet the needs of seniors and individuals with disabilities. Services are provided with the goal of keeping individuals in their homes. This objective serves the community in the following ways: • Maintains homes and property to prevent community blight, • Provides means for City Inspectors to help residents whose property needs maintenance, • Fosters independence for seniors and disabled individuals, • Supports social, mental and emotional health, • Creates a savings by utilizing volunteers as much as possible, • Focuses citizens on retention of community resources rather than draining government and health industry resources. Two programs are supported by this grant: Senior Services (chores) and Meals on Wheels: 1 • . Senior Services: Referrals for Chore Services originate from family members, clients, medical professionals, churches, government offices and other social service agencies. This program is open for residents 60 -years of age or greater, as well as individuals with physical restrictions in Brooklyn Center. This program provides the following services: 1. Seasonal outdoor work, 2. Routine indoor cleaning, 3. Indoor heavy cleaning, 4. Home repairs, 5. Yard work In 2009, the Senior Services program delivered assistance for the following Brooklyn Center senior projects: Raking —114 Jobs, 1418 Hours; Lawn Mowing — 396 Jobs, 472 Hours; Snow Removal —178 Jobs, 178 Hours; Housekeeping —172 Jobs, 308 Hours. Meals on Wheels: In addition, CEAP provides Meals on Wheels. This program delivers nutritious meals to senior citizens 60 -years of age or older, as well as individuals with disabilities in Brooklyn Center. Volunteer drivers deliver hot meals to participants. Meals on Wheels clients make donations as they are able but receive service regardless of their ability to donate. This program keeps seniors and the disabled in their homes and dramatically increases their ability to live independently. Due to the economic downturn, and the aging population, the demand for this service is expected to continue to rise. In 2009, 12,198 hot meals were delivered to clients in Brooklyn Center. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) VW9 r tal Housing Existing Housing (Rehabilitation) First Time Homeownership Homelessness Special Needs Housing Public Service X Neighborhood Revitalization Transportation Services • 2 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) 1. Senior citizens and disabled residents in Brooklyn Center will be able to remain in their homes longer than possible without these two (2) services, 2. Health outcomes for this clientele will increase because we have addressed their nutritional needs. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2010 and ends December 31, 2011.) Our timeline differs from a project that can be split up into three intervals. CEAP will provide new services to some clients and improved service to others all year long or for as long as we have adequate resources to provide meals and chore services Major tasks for FY2010 will be provision of services through Meals on Wheels (occurs all year), and Senior Chores (occurs all year). On -going evaluation occurs throughout the year. • Intake/Assessment upon new client contact and annual file review • Client database tracks progress and reports outcome measures monthly, quarterly and annually, 9 Y • Volunteer management files are maintained and updated annually, • Bi- annual and annual program review and evaluation by Greater Twin Cities United Way . • Review of programs and operations annually by Hennepin County • Formal annual review and site visits by Metropolitan Area Agency on Aging and Volunteers of America • Client satisfaction surveys are conducted twice per year Program Committee, Board of Directors and Management Team reviews, evaluation and consideration of improvements to the program 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $ 13,000 Volunteers of America Title 3 (VOA) $ 17,461 Metropolitan Area Agency on Aging $ 42 (MAAA) Metropolitan Meals on Wheels (MMOW) $ 945 • 3 FEMA Hennepin County $ 4,511 United Way $ 12,340 Individuals $ 59.427 Project Total $107,726 Prior Year CDBG Funding (for this project) $ 9,285 • 4 , ;t Funding for CEAP is provided by: individuals Gti NCY ASSIST Local Congregations Businesses A. 9� 'i Civic Organizations � Cities in our service area 9 � Greater Twin Cities United Way Hennepin and Anoka Counties cm f-- �Q Foundations and Corporations f(� � C-) l: Federal and State Government A Mission of CEAP Service y "Make a career of humanity... Communit CEAP The mission of CEAP is to stabilize individuals and you will make a greater person of and families in financial distress and to maxi- `' 6840 78th Avenue N mize their ability to live independently and with yourself a greater nation to your Brooklyn Park, MN 55445 dignity. country, and a finer world to live in." 763 - 566 -9600 -- Martin Luther King, Jr. Fax 763 - 566 -9604 Hours: Monday - Friday 8:00 a.m. - 4:30 p.m. Community Partner _ Serving Brooklyn Center, Brooklyn Park, CEAP meets standards of the Charities Champlin east of Hwy 169, with some Review Council of Minnesota services extending into other areas 4R. , i CEAP is a registered charity with the . CEAP a Legacy Minnesota at www.leavealegacyminnesota.org. ::..° 1201 89th Avenue NE, Suite 130 "Giving Life to our Future." Blaine, MN 55434 763- 783 -4930 •Think about the ongoing work of CEAP in our community. ii Fax 763 - 783 -4927 y ty • Discuss your charitable gift with a Hours: Monday - Friday professional advisor. 8:00 a.m. - 4:30 p.m. Put your personal estate plans into t Serving All of Anoka county, with some place. services extending into other areas :i If we can be of any assistance, please ' 'i CEAP Website: www.ceap.org call either Tom Hardin or Stephen `— i E -mail: Info @ceap.com Klein at 763 - 566 -9600. Revised 9/27/05 SJL A Community -Based Agency CEAP was founded in 1970 in response to the growing need for human services in Brooklyn center and Brooklyn Park area. In 1987 CEAP opened an office in Anoka County to aid residents in that area. In 2004 CEAP extended the Ways to Work Loan Program and financial assistance into Mounds View and New Brighton. VOLUNTEER OPPORTUNITIES FAMILY SERVICES SENIOR SERVICES r Volunteers are central to CEAP's mission Family Services are offered to help avert Senior Services are available to persons 60 of service. Their donation of time, knowl- crisis by providing food, clothing, finan- years of age or older or persons with dis - edge, experience, and caring is vital to cial assistance and other emergency ser- abilities. The programs goals are to en- j CEAP's success and its ability go serve vices. Families living in CEAP service hance the ability of individuals to maintain` those in need. CEAP currently provides area may be eligible for the following their independence while living in their the following opportunities for those won- programs: own homes. The Brooklyn Park office cur - how the can contribute: ack- to- School Program derin g Y rently offers the following programs: • Back -to- School Program Career Clothing Closet Holiday Program • Board of Directors • Community Advocacy Clothing Closet . • Holiday Program Ways to Work Loan Program ME ON • Financial Assistance • Data Entry Food Shelf M - - I WHEELS • Food Shelf (appointments required) • Meals on Wheels Driver Free Clothing Closet • Office Assistant Meals on Wheels provides hot nutritious i (Brooklyn Park) • Reception Desk meals at noon to homebound seniors and • Information and Resource Referral adults with disabilities. All meals are Quilting Group i; Job Resources Spring & Fall Clean-up deliverd by volunteer drivers. If ou need a reasonable accommodation Y � ' i can be made for a disability. Upon request this information will be made available in SENIOR CHORE ]PROGR&H an alternative format such as Brialle, large ;;. Senior Chore Program is a service de- , For those unable to give of their time, print or audiotape. Please contact CEAP signed to help seniors and adults with dis - 763 566 -9600 if you need assistance. i CEAP gladly accepts donations of money Y abilities by way of housekeeping, yard and food at both offices. Clothing dona- tions are only accepted at the Brooklyn The Minnesota Relay Service 1- 800 - 627 - work, snow removal and minor home maintenance. y Park Office. 3929 is available for the hearing impaired. ;i; 2010 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fellable form) (Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: Neighborhood Stabilization/Code Enforcement 3. Contact Person/ Phone No. Tom Bublitz — 763 -569 -3433 B. PROJECT DATA 1. CDBG Funding Requested $ 150,000 (needs to be same as council resolution) 2. Is this an existing CDBG- funded project? X Yes No 3. Project Location: Address or Citywide Services under this activity will be provided to areas of the city that comply with Section 105(c) (2) of the Housing and Community Development Act of 1974, as . amended, that states that an activity shall be considered to principally benefit low and moderate income persons when "the area served by such activity is within the highest quartile of all areas within the jurisdiction of such city or county in terms of the degree of concentration of persons of low and moderate income ". Tracking of the eligible service area(s) for this activity will be accomplished by monitoring property addresses served to assure they are within the eligible service area(s). 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) Consistent with National, State and County trends, the City of Brooklyn Center has experienced high rates of residential property foreclosures resulting in significant numbers of vacant and abandoned properties. Brooklyn Center is one of six Hennepin County cities experiencing the greatest number of foreclosures. Only Brooklyn Park and Minneapolis have more foreclosed and vacant residential properties than Brooklyn Center. Based on current market conditions and projections by governmental and financial institutions, Brooklyn Center will continue to experience high rates of foreclosures for several years to come. Page 1 t • Specific data for foreclosed and vacant properties in Brooklyn Center is shown by the following: Foreclosures in Brooklyn Center 2006 135 2007 254 2008 394 2009 (January 1 S ` through December 10th) 298 Properties Vacant some point within 2009 804 Currently vacant homes as of November 1, 2008 319 (Difference in totals indicates re- occupancy) *Due to continual fluctuations in housing market and tracking capacity, numbers may very slightly. The impacts of foreclosed and vacant properties in the City of Brooklyn Center is summarized by the following: Vacant and abandoned properties can create costly problems for cities in general and potentially severe problems for specific neighborhoods hardest hit by clusters of foreclosed or vacant properties. Vacant properties detract from the quality of life in cities and can severely drain municipal budgets. Worst of all these properties negatively affect homeowners who struggle to maintain their properties in an environment • where property values may continue to decline. • The number of vacant properties fluctuates, but is expected to be high for the next few years. The status of the property, ownership, responsible parties and numbers can change daily. Some properties were vacant for two years. •The majority of vacant properties in the city have one or more code violations, everything from health/life safety hazards to general nuisances. •Significant city resources and costs are being spent to deal with problems associated with vacant properties, often shifting resources from other programs areas. *Early intervention with vacant properties helps to ensure minimum community standards, while increasing citizen satisfaction. • The presence of vacant homes and foreclosures on a block is impacting the sale prices of open market transactions. Some properties are being listed below or near land values. •Long term vacant properties create potential for increased levels of vandalism and more serious criminal activity. Citv of Brooklvn Center Foreclosure and Vacant Pronertv Strateev The following is a summary of the city's comprehensive foreclosure and vacant property strategy. Implementation of the strategy will involve both local and CDBG funding sources. Four Step Foreclosure and Vacant Property Strategy Step 1— Data Collection • Identify the scope and depth of foreclosures and its impact on the community in order to develop Page 2 effective action plans. Although initial analysis is already complete, monitoring conditions as the • housing market fluctuates and evolves is an ongoing process. Step 2 — Neighborhood Stabilization Evaluating the condition of properties, eliminating imminent health and life safety hazards, securing buildings and minimizing nuisances. Step 3 — Prevention and Intervention Educational and referral activities to prevent or assist individuals going through the foreclosure process. Step 4 — Reinvestment Getting vacant properties re- occupied with a focus on safe and decent housing and owner - occupancy. As part of the overall foreclosure and vacant property strategy, the City has adopted a Vacant Building Ordinance which includes the following provisions and requirements: ❖ An owner, mortgage company or other responsible party must register a residential or commercial property that is vacant for more than 30 days. ❖ Properties vacant for more than 365 days, without an approved property plan may be demolished. ❖ A property plan, which includes operational information and a plan for re- occupying the property, must be developed. ❖ Actions must be taken to ensure the property is secured and maintained in good condition. ❖ An inspection prior to re- occupancy is required to ensure the property meets minimum health and safety standards ❖ A streamlined process for correction of nuisances and city- facilitated abatements is established. ❖ Unpaid registration fees and costs of abatements and city services may be specially assessed to the property. Summary of CDBG Assisted Activities Related to Citv's Foreclosure and Vacant Property StrateLv CDBG assisted activities will focus on increased and targeted code enforcement in eligible geographical areas of the city qualifying as part of the low and moderate income upper quartile requirement. The primary goal of these CDBG assisted activities is to arrest the decline of City neighborhoods. Code enforcement activities are described by the following: • Maintain list of vacant residential properties, identify and evaluate property conditions and take actions to eliminate health and life safety hazards. • When foreclosed and vacant properties are identified, assure that property is secured, including boarding up if necessary, and checking to see that utilities are shut off if necessary to avoid problems such as frozen pipes, address public nuisance and housing/building code violations. • Administer provisions of city's Vacant Building Ordinance including identifying and working with responsible party (ies) to ensure property is secured and address required actions responsible party (ies) must take to comply with Vacant Building Ordinance. • Work with responsible parties on the development of a property plan pursuant to the requirements of the city's Vacant Building Ordinance, including timetable to address applicable regulations/violations. Page 3 . • Work with residents to address issues relative to foreclosed and vacant properties that are unique to a particular neighborhood and work with appropriate city departments/staff and/or non - profit and community groups in a collaborative approach to property maintenance and rehabilitation. Proactively address issues which cause or create a blighting influence on adjoining properties. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) MMMMM r ental Housing Existing Housing (Rehabilitation) First Time Homeownership Homelessness Special Needs Housing_ Public Service Neighborhood Revitalization X Transportation Services • 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The goal in 2009 was to address all existing foreclosed and vacant properties by the end of calendar year 2009. City staff have worked to process all foreclosures and vacant properties within the city. Currently there are 319 vacant properties that are monitored, inspected, and registered. The goals for 2010 are to accomplish the following: *Verify and update existing inventory of all foreclosed and vacant residential properties in the city. •Monitor foreclosures and associated problems such as vacant properties. •Work with mortgage companies and servicing companies for vacant properties for a timely response and resale of vacant properties. •Identify and prioritize property code violations with health and safety issues addressed and resolved first so that properties are safe and secured. *Address and resolve secondary housing/building code and public nuisance violations of vacant and foreclosed properties. *Continue to implement and administer the requirements of the city's Vacant Building Ordinance. Page 4 *Assure that residents in areas affected by foreclosed and vacant properties are • informed about code enforcement activities and that resident information regarding foreclosed and vacant properties is incorporated into property monitoring and information activities. *In addition to CDBG assisted code enforcement activities, it is the city's goal to provide staff and financial resources to assure that at minimum, 100 of the current number of vacant and foreclosed properties are re- occupied with a focus on safe, decent affordable owner occupied housing. Between March 2009 and early February 2010 sixty (60) Renew Loans had closed on vacant/foreclosed properties in the city, providing homes for new homeowners in the city and contributing to the stability of city neighborhoods. CDBG activities assisted are part of a larger strategy to arrest the decline of City neighborhoods. Other non CDBG activities being deployed to arrest neighborhood decline include: •Renew Loan Program • Neighborhood Stabilization Program (NSP) Program *Remove and Rebuild Program *Street and Utility Improvement Program *Expanded Neighborhood Watch Program *Crime Reduction Strategy *Strategic Plan to Improve Neighborhoods •City Foreclosure Strategy • 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2010 and ends December 31, 2011.) Task: Implementation and accomplishments of project results /accomplishments described in (6) above. Date - This activity began in 2009. Progress and reporting of accomplishments will be evaluated and submitted with quarterly requests for reimbursement. 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG 0$150,000 (2010) Prior Year CDBG Funding (for this project) 0$150,000 Other Federal Funds (specify) 0 Page 5 • Low Income Housing Tax Credits 0 State (specify) 0 Municipal $125.000* (Foreclosure Levy) Metropolitan Council 0 Private (specify) 0 Other (specify) 0 Project Total $275,000 (Foreclosure Levy and 2010 CDBG Allocation) *The $125,000 in foreclosure levy will be allocated to personnel costs. • • Page 6 HOME hone: 612/728 -5770 � aline: 6121728 -5767 ® 3455 Bloomington Ave Fax: 612/728 -576 Minneapolis, MN 55407 ww.homelinemn.or Tom Bublitz Community Development Specialist City of Brooklyn Center 6301 Shingle Creek Boulevard Brooklyn Center, MN 55430 January 13, 2010 Dear Mr. Bublitz: This letter is to request funding in the amount of $7,000 from the City of Brooklyn Center's Community Development Block Grant Program to support HOME Line's services for renters. A copy of the 2010 CDBG Program Request for Funding is enclosed. Along with the CDBG Request Form, I am enclosing a summary of our hotline's service to Brooklyn Center residents. Included in this information is the continuing problem of landlord foreclosures affecting renters in Brooklyn Center. More than 10% of our callers from Brooklyn Center, (28 families in 2009) face critical housing situations involving landlords in foreclosure. Keeping renters in their homes not only benefits these families who have done nothing wrong, but also keeps homes occupied longer preventing houses from being vacated unnecessarily, thus reducing the cities burden of dealing with vacant properties. • HOME Line is building upon our depth of experience in serving Brooklyn Center. We are working to meet current challenges facing low- income renters and would like the City of Brooklyn Center to continue as our partner in meeting these needs. We thank you for the opportunity to submit this application. If you have any questions or need additional information, please call me at 612/728 -5770, extension 107 or Mike Vraa, our managing attorney at extension 113. Sincerely, a x 4, �� Beth Kodluboy Executive Director enclosures as noted • Tenant Advocacy in Minnesota i . 2010 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: HOME Line's Tenant Advocacy Services 3. Contact Person/ Phone No. Mike Vraa / 612 728 -5770 x 113 B. PROJECT DATA 1. CDBG Funding Requested $ 7,000 (needs to be same as council resolution) 2. Is this an existing CDBG- funded project? No 3. Project Location: Citywide 3455 Bloomington Avenue, Minneapolis. 55407. HOME Line's tenant services are citywide. Tenants call our free hotline from their homes. Renter Education presentations are done in the local high schools. • 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) Briefly describe the proposed project. The narrative should include the need or problem to be addressed in relation to the Consolidated Plan (see attached table), as well as the population to be served or the area to benefit. Describe the work to be performed, including the activities to be undertaken or the services to be provided, the goals and objectives, method of approach, implementation schedule and anticipated results /accomplishments. We anticipate assisting approximately 280 Brooklyn Center renter households over the hotline during the program year and offering educational presentations at Brooklyn Center High School. Renters make up nearly 3,594 households in Brooklyn Center, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line will provide two distinct, but related, programs as part of this grant: a tenant hotline that provides free legal advice to tenants about landlord/tenant law and a high school educational program. These services prevent problems ranging from homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. is Tenant Hotline The first of these programs is HOME Line's tenant hotline. The hotline began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state (excluding Minneapolis) and have recently taken our 120,OOOth call. Three staff attorneys and a tenant • advocate work full time on the hotline along with 40 -60 law student volunteers each year. to r 921 calls since 1992. Our tenant services to Brooklyn Brooklyn Center has accounted for 3, Yn Center have helped save tenants at least $72,000. We have also helped to prevent the eviction of 220 Brooklyn Center families. Last year alone we advised 274 renter households from Brooklyn Center. The most common reasons Brooklyn Center residents call our hotline are; evictions, repairs, landlord foreclosures, security deposits, questions about how proper notice to vacate is given, break lease questions, and infestations. The need for this service in Brooklyn Center is apparent -- Brooklyn Center residents already rely on this valuable service. Tenants living in rental units (usually single - family homes or duplexes) are encountering a growing problem in the last 30 months: the landlord being foreclosed on. Typically, the tenant has done nothing wrong and is usually current on their rent when they are served with a notice of an impending sheriff s sale (usually within 2 -3 weeks). Faced with this information, many renters simply vacate the rental unit. The law, however, probably allows them to stay in the home for 6 -9 months following the sheriff's sale. Since 2008, HOME Line's phone number is now included in all foreclosure notices and briefly explains renter's rights in these situations. The difference between leaving in 3 weeks or having an additional 6 to 9 months to find suitable new housing cannot be overstated— people find adequate and livable new housing (and may have enough time to actually buy a home if they are on a homeownership track) and the kids may be able to complete their school year. Our primary objective with renters facing foreclosures is to provide information and advice. Once the tenant understands the don't have to leave prior to the sale, the can plan their lives Y P Y P accordingly instead of racing to vacate in three weeks. The goal is to make sure as many tenants • know this as possible. Since 1992, we have helped 89 renter households in Brooklyn Center deal with landlords going into foreclosure. In 2009 alone, we helped 28 renter households in Brooklyn Center facing foreclosure issues. High School Renter Education Program The second program is our high school presentation program. To date, we have spoken to 1,026 classes (over 28,300 students) throughout the metro area. At Brooklyn Center High School, we have given 28 different presentations, reaching over 515 students. This presentation has awards from both Best Prep and B.E.E.F. (Business Economic Education Foundation). It focuses on the things that future renters should know, including how to avoid evictions, how to select roommates, security deposits and understanding leases. v ' renters f charge, over 98% of our Brooklyn While our services area available to all re e s free o g , Center callers have low or very-low incomes; almost three quarters (79 %) of these callers are women; 61% are racial minorities. Our programs are aimed at low- income renters, high school students who are about to enter the rental market, and recent immigrants. We identify the key demographics at the beginning of each call. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) . , Ki A W.4 11 EM ' M i Rental Housing .-., - Existing Housing (Rehabilitation) First Time Homeownership, Homelessness .- Special Needs Housing Public Service X Neighborhood Revitalization Transportation Services - ----- 6. Describe anticipated results/accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) We anticipate between 280 and 300 callers utilizing our hotline services, representing 750 residents. HOME Line expects to serve 30 renter households in foreclosure situations in Brooklyn Center in the next year. We will offer our free high school training to Brooklyn Center High School. Also see the attached one-page sheet, which covers what HOME Line has accomplished in Brooklyn Center in the past. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2010 and ends December 31, 2011.) Task: Renter counseling over hotline Date Ongoing Task: High school presentations Date Late fall and late spring 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG 64,237 Prior Year CDBG Funding (for this project) $ 64237 Other Federal Funds (specify) $ 29:000 Low Income Housing Tax Credits $ 0 State (specify) $ 0 M unic ip al $ _7,957 Metropolitan Council $ • 0 Private (specify) $ 153,530 Other (specify) $ 47,237 Project Total $ 301,962 HOME Line Tenant Hotline Services Sources of Funds (Attachment) 3 5 2 5 0 Source: McKnight Foundation 9 0 0 0 0 Source: Funders Council (Foreclosure) 2 9 0 • 0 Source: Family Homeless Prevention & 0 Assist. 5 0 0 0 Source: Hennepin County 1 0 0 0 0 Source: The McNees Foundation . _ 9 0 0 Source: The Hugh J. Andersen 0 Foundation 2 0 i 0 Source: Suburban Ramsey CDBG . _..........._.._. _. _. ..... ............................... _......_ 0 0 10 8 0 0 0 Source: City of Plymouth CDBG 7 , 9 5 7 Source: City of Bloomington 3 5 5 Source: Hennepin County Consolid. 0 CDBG 5 0 0 0 Source: City of Eden Prairie CDBG 9 4 • 7 5 Source: St. Paul COPP 0 0 0 Source: City of Maple Grove CDBG 2 0 3 4 Source: City of Edina CDBG 5 0 0 0 Source: City of Richfield CDBG 1 5 0 0 Source: City of Minnetonka CDBG 0 • 0 Source: City of New Hope CDBG 3 15 10 0 Source: City of Brooklyn Center CDBG • • HOME Line Renters' Hotline Brooklyn Center Information on calls during the period 1/1/92 through 12/31/2009 Number of C311I.S Per year 400 - 3" 284 274 30 0 286 286 300 - 221 ?.13 216 219 207 214 17 176 69 .66 200 - 11.6 too - I I I I I I I .... ...... 0 92 9 _3' 9 4 9 5 96 91 7 ' 98 99 00 01 02 03 04 0) 06 0 08 09 Over the past eighteen years, a total of The vast majority (over 98%) of 3,981 Brooklyn Center renters have Brooklyn Center callers to HOME Line contacted HOME Line. This are very-low or low income (as represents service to approximately defined by HUD): 9,952 residents when all family ICallers HUD -Based Income: 1992-2009 members have been counted. HOME Line has helped Brooklyn ■ Very-Low 899 Center residents recover money from J9 Low 9 their landlords. Tenants have F1 Mod. 2% received $14,627 back from improperly withheld security deposits and $58,295 in rent abatements (refunds for living in substandard conditions). We have also helped Renter's Education prevent 220 evictions in this time. HOME Line's High School Renter's HOME Line's tenant hotline receives over Education Program provides advice 11,000 calls each year. These are the top on tenant rights and responsibilities. ten topics in Brooklyn Center ol This free presentation covers most 3 years, followed by the number of calls: issues that first time renters are likely 1. Evictions 142 to encounter, including roommate 2. Repairs 141 problems, evictions, security deposits 3. Foreclosures 71 and repair problems. In the last 4. Security Deposits 64 eighteen years, HOME Line has gone S. Notice to Vacate 59 to 1,026 different classes talking to 6. Break Lease 44 28,332 students. We have sent 7. Infestation 29 speakers to nearby schools, including 8. Lease Questions 19 Osseo-Area Learning Center, Brooklyn 9. Privacy/Intrusion 18 Center, Park-Center Alternative School 10. Fee s 17 and Osseo-Park Center. HOME Line Renters' Hotline Brooklyn Center Information on calls during the period 1/1/92 through 12/31/2009 Numiber of Calls Per year 177 176 1 66 Over the past eighteen years, a total of The vast majority (over 98 %) of 3,981 Brooklyn Center renters have Brooklyn Center callers to HOME Line contacted HOME Line. This are very -low or low income (as represents service to approximately defined by HUD): 9,952 residents when all family ICallers HUD-Based Income. 192 -2419 members have been counted. HOME Line has helped Brooklyn Over, -Low 8951. Center residents recover money from E Low 9% their landlords. Tenants have D Mod. 2% received $14,627 back from improperly withheld security deposits and $58,295 in rent abatements 4 1 (refunds for living in substandard conditions). We have also helped Renter's Education prevent 220 evictions in this time. HOME Line's High School Renter's HOME Line's tenant hotline receives over Education Program provides advice 11,000 calls each year. These are the top on tenant rights and responsibilities. ten topics in Brooklyn Center over the last 3 years, followed by the number of calls: This free presentation covers most issues that first time renters are likely 1. Evictions 142 to encounter, including roommate 2. Repairs 141 problems, evictions, security deposits 3. Foreclosures 71 and repair problems. In the last 4. Security Deposits 64 eighteen years, HOME Line has gone S. Notice to Vacate S9 to 1,026 different classes talking to 6. Break Lease 44 28,332 students. We have sent 7. Infestation 29 speakers to nearby schools, including 8. Lease Questions 19 Osseo -Area Learning Center, Brooklyn 9. Privacy /Intrusion 18 Center, Park - Center Alternative School 10. Fees 17 and Osseo -Park Center. • 2010 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING tellable form) (Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: Housing Rehabilitation Program (Rehabilitation of Private Property) 3. Contact Person/ Phone No. Tom Bublitz — 763 -569 -3433 B. PROJECT DATA 1. CDBG Funding Requested $10,620 (needs to be same as council resolution) 2. Is this an existing CDBG- funded project? XX Yes No 3. Project Location: Address or Citywide Project is Citywide • 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) This activity provides funds for the rehabilitation of existing owner occupied single family and two family homes of low income owners. Applicants for the program include those households earning up to 80% of median income so that young families are able to access the program as well as elderly residents who tend to be at or below 50% of median income. This CDBG activity is an ongoing program to support the rehabilitation of existing owner occupied housing. Since the program's inception in the mid 1970's, approximately 340 homes have been rehabilitated under this CDBG activity. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) MOM R Existing Housing (Rehabilitation) X First Time Homeownership Homelessness Special Needs Housing 1 Public Service • Neighborhood Revitalization Transportation Services 6. Describe anticipated results/accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) This is a continuous project. This allocation is intended to address emergency situations such as furnace replacement or water and sewer service repair. 6. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2010 and ends December 31, 2011.) Program is on -going and administered by Hennepin County staff Task: Date Task: Date • Task: Date 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $10,620 Prior Year CDBG Funding (for this project) $11,035 Other Federal Funds (specify) Low Income Housing Tax Credits State (specify) Municipal Metropolitan Council Private (specify) Other (specify) Project Total $10,620 2 • • City Council Agenda Item No. 8b COUNCIL ITEM MEMORANDUM • DATE: February 16, 2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Public Hearings for Dupont Area Neighborhood Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2010 -01, 02, 03 and 04, Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2010- 01 and 02, Dupont Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council consider approval of the attached resolutions ordering the Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on February 22, 2010. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2010 -01, 02, 03 and 04. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2010 -01 and 02. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. L Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Dupont Neighborhood. The project was previously established by the City Council on August 24, 2009, by Resolution 2009 -100. On January 25, 2010, the City Council received the project feasibility report, and on February 8, 2010, called for a public hearing to be held on February 22, 2010, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements — Full street reconstruction north of 67 Avenue North includes regrading, base preparation, installation of driveway aprons, bituminous • paving, installation of concrete curb and gutter, replacement of street signs, and boulevard restoration. Partial street reconstruction south of 67 Avenue North - . , , .. ;/r, 1 r lu; „r lilr rrt / I ' Ihc1 Iriw COUNCIL ITEM MEMORANDUM includes base preparation, bituminous paving and miscellaneous repairs of concrete • curb and gutter, driveway aprons and sidewalk. 2. Storm Drainage Improvements — Includes installation of new storm sewers and installation of concrete curb and gutter north of 67 Avenue North, and repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes south of 67 Avenue North. 3. Water Main Improvements — Includes the replacement of a portion of existing water main pipes and installation of new valves, hydrants and water services to the shut off valve north of 69 Avenue North, and new valves and hydrants south of 69 Avenue North. 4. Sanitary Sewer Main Improvements — Includes replacement of sanitary sewer pipes and access structures north of 67 Avenue North with other repairs for the south portion of the project. IL Summary of Assessments Special assessments are proposed as one of several funding sources for the improvements located within the Dupont Area Neighborhood. On January 11, 2010, the City Council adopted the 2010 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2010 rates were established in accordance with the City's Special Assessment Policy. • The feasibility report includes a preliminary assessment roll identifying 169 properties including the Evergreen Elementary School and Brooklyn Center High School properties and 3 parcels owned by private utility companies for special assessments of street and storm drainage improvements. Special assessments for single family residential properties were calculated at full unit assessment rates of $3,435 for street improvements and $1,031 for storm drainage improvements for those properties which abut Dupont Avenue North located north of 67 Avenue North and a partial unit assessment rate for street improvements of $2,576 for properties which abut Dupont Avenue North located south of 67 Avenue North (see updated Proposed Assessment Roll). Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. • iti Eutrn'irr,� cur wria, ri +r, clrnu. vnli c ommi ritr ihrrl enhances thr grrulilr rrl lib and proerrc lhel ti-11S/ COUNCIL ITEM MEMORANDUM • Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2010. 2. From October 1, 2010, to the end of the business day on November 29, 2010, a property owner may pay the total assessment, with interest calculated from October 1, 2010, to the date of payment. 3. A property owner may pay the assessment over a 10 -year period. The first payment will be due with taxes in 2010. The total principle will be payable in annual installments. Interest at 6.0 percent is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure • First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2010 -01 and 2010 -02 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2010 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $3,459,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on January 25, 2010, (see updated Figure 4, Table 1 and public comments attached). • rlI h Ir11,,'N rho urrrr(in „J li /a ntrJ pn-'rr1 r' .It. j +rrl li. lrint COUNCIL ITEM MEMORANDUM Council Goals: • Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • Ili +Ci U l l: 1- 11 wlri+l� a/! iwi Y Ii'!i I'P, t'lPli +r, \lilt' C (Pill ni llll l(I that Nnhalli P.N i lly , l(nalil)' elf Illy till illy I m , I 'PN1 the lilih lit . 11'11;! • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03, AND 04, DUPONT AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on August 24, 2009, authorized consideration of street, storm drainage, and utility improvements in the area generally described as the "Dupont Area Neighborhood "; more specifically described as follows: Dupont Avenue from 57` Avenue North to 73 Avenue North; and i received and accepted a feasibility re WHEREAS, the Council has previously p Y ort for p said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and • WHEREAS, the City Council on January 25, 2010, adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Dupont Area Neighborhood; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on February 2010 at which time all persons desiring to be heard were given the opportunity to be n' � P g g heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the February 22, 2010, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $631,876; and • RESOLUTION NO. WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project Nos. 2010 -01, 02,03 and 04, Dupont Area Neighborhood Street, Storm Drainage and Utility Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and specifications for said improvements. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2 or any success law, regulation, or ruling. February 22, 2010 • 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. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2010 -01 AND 2010 -02, DUPONT AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 17589 and 17590; and WHEREAS assessment rolls copies of which are attached hereto and art hereof b p p Y reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy No. 17589 for street • improvements and Special Assessment Levy No. 17590 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2011, and shall bear interest on the entire assessment at the rate of six (6.0) percent per annum from October 1, 2010, through December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2010. After September 30, 2010, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2010, through the date of payment. Such payment must be made by the close -of- business November 29, 2010, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of • the succeeding year. RESOLUTION NO. • 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. February 22. 2010 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 PROPOSED PENDING ASSESSMENT ROLL • January 25, 2010 DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 PROPERTY ID ADDRESS LEVY# STREET LEVY# STORM NOTES IPID: 0111821210046 6042 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821210047 6036 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210048 6030 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210049 6024 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210050 6018 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210051 6012 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210052 6006 DUPONT AVE N 17589 $2,576.00 17590 IPID: 0111821210053 6000 DUPONT AVE N 17589 $2,576.00 17590 Corner ( PID: 0111821210054 5942 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821210055 5936 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821210056 5930 DUPONT AVE N 17589 $2,576.00 17590 I PID: 0111821210057 5924 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210058 5918 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821210059 5912 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821210060 5906 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821220001 5951 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821220002 5947 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220003 5941 DUPONT AVE N 17589 $2.576.00 17590 P : 0111821220004 5935 DUPONT AVE N 17589 $2.576.00 17590 111821220005 5927 DUPONT AVE N 17589 $2,576.00 17590 0111821220006 5919 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220007 5909 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220008 5901 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821220030 6047 DUPONT AVE N 17589 $2.576.00 17590 Corner PID: 0111821220031 6041 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220032 6035 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220033 6029 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821220034 6023 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220035 6015 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220036 6007 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821220037 6001 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230023 5715 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230024 5707 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821230025 1100 57TH AVE N 17589 $2.576.00 17590 PID: 0111821230062 5743 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230063 5737 DUPONT AVE N 17589 $2 „576.00 17590 PID: 0111821230064 5731 DUPONT AVE N 17589 $2,576.00 17590 IPID: 0111821230065 5725 DUPONT AVE N 17589 $2,576.00 17'5 7590 PID: 0111821230092 5831 DUPONT AVE N 17589 $2,576.00 17590 [PID: 0111821230093 5825 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230094 5819 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230095 5813 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821230096 5807 DUPONT AVE N 17589 $2 „576.00 17590 PID: 0111821230097 5801 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 0111821230106 LOT 000 BLOCK 000 17589 $5,152.00 17590 2 parcels O 0111821240026 5808 DUPONT AVE N 17589 $2 576.00 17590 0111821240027 5816 DUPONT AVE N 17589 $2,576.00 17590 PID 5824 DUPONT AVE N 17589 $2.576.00 17590 PID: 0111821240029 5832 DUPONT AVE N 17589 $2.576.00 17590 IPID:0111821240030 5840 DUPONT AVE N 17589 $2,576.00 17590 PID: 0111821240031 5848 DUPONT AVE N 17589 $2.576.00 17590 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL January 25, 2010 DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 PROPERTY ID ADDRESS LEVY# STREET LEVY # STORM NOTES [PID: 0111821240054 5742 DUPONT AVE N 17589 $2,576.00 17590 IPID: 0111821240055 5740 DUPONT AVE N 17589 $2,576.00 17590 I PID: 0111821240057 5714 DUPONT AVE N 17589 $2,576.00 17590 PID: 2511921310016 7254 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner I PID: 2511921310055 7200 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 2511921310056 7206 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 IPID: 2511921310057 7212 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921310058 7218 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921310059 7224 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921310060 7230 DUPONT AVE N 17589 $3 „435.00 17590 $1,031.00 IPID: 2511921310061 7236 DUPONT AVE N 17589 $3 17590 $1,031.00 I PID:2511921310062 7242 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921310063 7100 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner I PID:2511921320067 1100 WOODBINE LA 17589 $3,435.00 17590 $1,031.00 Corner PID: 2511921320091 1101 72ND AVE N 17589 $3,435.00 17590 $1,031.00 Corner IPID: 2511921320096 7249 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner JPID: 2511921320097 7243 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 I PID: 2511921320098 7237 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921320099 7231 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID:2511921320100 7225 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 • IPID: 2511921320101 7219 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 JPID: 2511921320102 7213 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921320103 7207 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 PID: 2511921320104 7201 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 Corner PID: 2511921330003 7043 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330004 7037 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330005 7031 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921330006 7025 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921330007 7019 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 I PID:2511921330008 7013 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 PID: 2511921330009 7007 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921330010 7001 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 2511921330011 6927 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 PID: 2511921330012 6921 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 2511921330013 1100 EMERSON LA 17589 $3,435.00 17590 $1,031.00 Corner PID: 2511921330085 1107 EMERSON LA 17589 $10,305.00 17590 $3,093.00 3 equivalent parcels IPID: 2511921340001 7020 DUPONT AVE N 17589 $_27,480.00 17590 $8,248.00 8 equivalent parcels I PID: 3611921210052 6700 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID:3611921210053 6706 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 3611921210054 6712 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID: 3611921210055 6718 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 I PID:3611921210056 6724 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210057 6730 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210058 6736 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 IPID-3611921210060 PID: 3611921210059 6742 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 6800 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 • PID: 3611921210061 6806 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 (PID: 3611921210062 6812 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 I PID:3611921210063 6818 DUPONT AVE N 17589 $3 17590 $1,031.00 PID: 3611921210064 6824 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921210065 6830 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL • January 25, 2010 DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 PROPERTY ID ADDRESS LEVY# STREET LEVY # STORM NOTES PID: 3611921210066 6836'DUPONT AVE N 17589 $3435.00 17590 $1,031.00 PID: 3611921220002 6843 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220003 6837 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 PID: 3611921220004 6831 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 PID: 3611921220005 6825 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220006 6819 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220007 6813 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220008 6807 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220009 6801 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220010 6743 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220011 6737 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 PID: 3611921220012 6731 DUPONT AVE N 17589 $3.435.00 17590 $1,031.00 IPID: 3611921220013 6725 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220014 6719 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220015 6713 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220016 6707 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 PID: 3611921220017 6701 DUPONT AVE N 17589 $3,435.00 17590 $1,031.00 Corner PID: 3611921230001 6500 HUMBOLDT AVE N 17589 $41.216.00 17590 16 equivalent parcels PI : 3611921240038 6600 DUPONT AVE N 17589 $2,576.00 17590 * 611921240039 6606 DUPONT AVE N 17589 $2,576.00 17590 611921240040 6612 DUPONT AVE N 17589 $2.576.00 17590 PID: 3611921240041 6618 DUPONT AVE N 17589 $2.576.00 17590 PID: 3611921240042 6624 DUPONT AVE N 17589 $2 „576.00 17590 PID: 3611921240043 6630 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921240044 6636 DUPONT AVE N 17589 $2,576.00 17590 I PID: 3611921240045 6642 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921310007 6400 DUPONT AVE N 17589 $2,576.00 17590 Corner 1PID: 3611921310008 6406 DUPONT AVE N 17589 $2,576.00 17590 I PID: 3611921310014 6336 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921310015 6342 DUPONT AVE N 17589 $2,576.00 17590 Corner PID:3611921310036 6414 DUPONT AVE N 17589 $2.576.00 17590 'PID: 3611921310038 6422 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921310039 6430 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921310040 6436 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320001 6343 DUPONT AVE N 17589 $2.576.00 17590 Corner I PID: 3611921320002 6337 DUPONT AVE N 17589 $2,576.00 17590 PID:3611921320016 6419 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320017 6413 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320018 6407 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921320019 6401 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921320082 1101 65TH AVE N 17589 $7,728.00 17590 3 equivalent parcels I PID: 3611921330001 6218 LILAC DR N 17589 $2.576.00 17590 Corner PID:3611921330002 6219 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330003 6213 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330004 6207 DUPONT AVE N 17589 $2,576.00 17590 * 3611921330015 1100 62ND AVE N 17589 $2,576.00 17590 Corner 611921330020 6125 DUPONT AVE N 17589 $2,576.00 17590 611921330021 6119 DUPONT AVE N 17589 $2,576.00 17590 I PID:3611921330022 6113 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330023 6107 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921330024 6101 DUPONT AVE N 17589 $2,576.00 17590 Corner CITY OF BROOKLYN CENTER PROPOSED PENDING ASSESSMENT ROLL January 25, 2010 S DUPONT NEIGHBORHOOD IMPROVEMENT PROJECT 2010 01 & 02 f PROPERTY ID ADDRESS LEVY# STREET LEVY # STORM NOTES PID: 3611921340034 6100 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921340035 6106 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340036 6114 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340037 6122 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340038 6130 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340070 6200 DUPONT AVE N 17589 $2,576.00 17590 Corner PID: 3611921340071 6206 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340072 6212 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340073 6218 DUPONT AVE N 1 17589 $2,576.00 17590 PID: 3611921340074 6224 DUPONT AVE N 17589 $2,576.00 17590 PID: 3611921340075 6220 LILAC DR N 17589 $2,576.00 17590 Corner Total Assessments $555,582.00 $76,294.00 • • - 454 W 7903 !90, ,3141 2301 Iwwl7natntAl r:•at i f 73RD AVEN t I= V16 614 em 7907 L - � 'a•JO """' 65TH AVEN e 4a.�14 � am (2 2 , ° _. 4%412 Bas . ^'.• Imi ON2 603 - - it: $ s' - s $ s4» - MJe 6� I HO' .. 6191 ' .- $ S $ 5 S . 3 3 S : Y 6426 Z ',%1 .. 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Cost and Funding Improvement Project Nos. 2010 -01, 02, 03, 04 2010 Dupont Avenue Improvements Revised February 16, 2010 Sanitary Water Storm Street Estimated Streets Sewer Main Drainage Lights Total Estimated Expenditures Estimated Construction Cost Street & Utility $1,421,000 $372,000 $278,000 $666,000 $30,000 $2,767,000 Contingencies (10 %) $142,000 $37,000 $28,000 $67,000 $3,000 $277,000 Administration, Engineering, Legal (13 %) $203,000 $53,000 $40,000 $95,000 $4,000 $395,000 Reforestation $20,000 $20,000 i Total Estimated Project Costs (Feasibility; $1,786,000 $462,000 $346,000 $828,000 $37,000 $3,459,000 Estimated Revenue Street Special Assessments $555,582 $555,582 Storm Drainage Special Assessments $76,294 $76,294 Sanitary Sewer Utility Fund $462,000 $462,000 Water Utility Fund $346,000 $346,000 Storm Drainage Utility Fund $751,706 $751,706 Street Light Utility Fund $37,000 $37,000 MSA Fund $1,230,418 $1,230,418 Total Estimated Revenue (Feasibility $1,786,000 $462,000 $346,000 $828,000 $37,000 $3,459,000 Summof Resident Survey 0 • DUPONT NEIGHBORHOOD Address Sanitary Storm Water Sprinkler Sump Pump Comments/ Concerns I System DUPONT 6825 No Basement flooding once in No Yes No None awhile. Backyard drain sometimes can't keep up. 7107 No No No No No How do the poor people pay for this? Just will be more foreclosures! More blight in the neighborhoods. Unknown -Not Yes. Approx. 55' -60' out from No No. Only when hydrant is No No Special assessment - how to pay for it. . provided house about every 2 -3 yrs. flushed. In a time when the economy is really down - people have lost their jobs, retirees have lost some money. No raise in social security for 2 years but groceries, gas and utilities are up. Where does the extra money come from when we, people, are losing more every day? Not a good time for this! 16213 Yes. Tree roots in the sewer line - Yes. Water flowing south `Some "off' taste in summer - No No - Will digging affect our well water pressure and clarity? Will this =about 50 ft out from the east Ftoward 61st Ave pools up in months and on occasion, ;affect the static water level? basement wall, blocking out flow. front of our driveway, rather cloudy. We use Roto Rooter about once than flowing through to the Fevery 12 to 18 months. ;south drain. Our house is in the middle of the block, possible F:ow spot in curb or street. 5936 - No, never. Been there since house No We have good pressure and - No No None at this time. built in 1953. good water. 6036 Yes. Tree roots yearly. We also - No Yes. Sometimes the water No No =NA Crave a slight break in our sewer smells like sewage. Water - line (close to street). sometimes comes out black. Thought it was the water heater so we replaced it in November and it is still happening. 5813 No, never No, never No, never No No None 5731 Not yet Not yet Not yet No No Poor condition of surface - manholes are same as a chuckhole. .6047 No No No No No NA 16336 Yes. Cleaned out once per year. No No No No None Roots at 80'. •6742 No Puddles in street at end of No No No Other than the surface of the street (Dupont) I have no concerns. driveway. SEE ATTACHED FOR ADDITIONAL E -MAIL COMMENT 7031 Once a year. Sewer gas smell in Generally no. No No No On street parking of Evergreen parents when picking up kids very the house sometimes. dangerous and damaging to our front yards. 7025 None No No No Yes, my sump Water quality good. Lines are fine. pump runs frequently. 1 2/16/2010 Summary of Resident Survey Sanitary Storm Water Sprinkler Sum Pum Address S ry P Sump pump Comments/ Concerns System 6606 Yes. Had services run cutters and Not experienced this. Color every so often (every No No Do I have sewer services that I am responsible for that may have blow bag all the way to the street other month maybe). severe root infiltration that should be addressed at the same time as approx one year ago. Lived here 2 Changes in taste often. - the City lines are being addressed? What specifically am I 1/2 years, services performed on Water from tap placed in a responsible for? one occasion. jug and left for 1 or 2 days will become moldy smelling/tasting. Smells like rotting leaves. This is a clean, BPA free, plastic H2O container (i.e. r�ulligan jug). This also -only happens some of the Time. 6836 No. Every three years. `The only water we get is /if from No e No No NA Ihigh water table? 6006 Not for many, many years. - Haven't seen any. I drink bottled water. No No Yes but it is not When the sidewalk was done last time, it was uneven and is now 7smell or no odor. connected or in use. - corroded. Is the sidewalk being redone and if there is a problem, can - t call the Citv? Also, will our taxes be raised? 6830 Never huddling in the street in front of - Mild brown color. Water - No Yes, my sump Street/boulevard grading in front. I ouse, next to driveway. .softener takes care of it. pump runs I Dccasional draining into frequently - in the PSasement in Spring. Spring during melt and rains. -6122 No INo. I get the smell of sewer I get the sewer odor in my No - No - NA Fodor in my basement - basement sometimes. :.., ometimes. 7200 We have needed it cleaned once. No - No Yes No NA 7206 Yes. Basement floor drain used to In the 39 years I have owned No -No No The cost. back up often until the plumber my home the only time I had cleaned the line all the way to the water in the basement was April street. That was at least 5 years 2001. I was on vacation but ago - no problems since then. apparently we had a huge rainstorm and everyone had basement water. No problem since. 6713 I have had a few backups in my There has been some minor None No No Sidewalks on both sides of Dupont north of 67th? How long will basement floor in the laundry room street flooding in the 6700 the construction last? maybe once or twice a year. I have block of Dupont during the a plumber come in and ream out heavy rain. The drains are the clog. I don't know if this is oddly set back from the street considered a sanitary sewer service and I, myself, have had to problem. unclog them several times over the last 20 vears. 2 • • 102010 Summof Resident Survey • • Address Sanitary Storm Water Sprinkler Sump Pump Comments/ Concerns System 6701 None No No Yes No I n order to upgrade the x arious home properties, it would be great to be able to roll in a complete driveway into the special assessment. Also, how much property is to be taken from my residence? Is curb and gutter to be put in? What about my lawn and sprinkler systems and trees you ma take out. 6707 Once, in September 1979. No No Yes No NA 6743 No No No No No NA 6206 Yes. I have had my main sewer No No No No "Special assessments" usually means you will raise my property line cleaned out about six times in taxes. I have seen my property taxes go up from $300.00 to almost the last ten years, all the way to the $2,200.00 and my home value has not gone up that much. How City main (usually about 75' cable much will you assess me? There is also a gas pipeline that runs in - used). Problem usually at 50' -60' front of my house. from front of house. •6842 Once in the laundry line. No Very hard water - needs lots No Yes, my sump I'm on a fixed income - so the last is a concern. -of salt. pump runs less freq uently. •6100 Yes. Two times. No No Yes No NA •6706 No No Odor No No NA 5906 Once a year. Street No No No NA ,5725 No No No No No None .5714 From Comment Card: Was wondering if there was a way to extend the opening of our driveway another 10' to be able to fit two cars but since this project is only going to be fixing problem areas - around our area, if our case could be considered. Would also like to - know if this could be done and if the money to cover our project comes from the project funding or that I would have to pay for it m -self. 7219 Comment from Public Meeting (Steve's notes): Hydrant/driveway conflict - move 6206 Comment from Public Meeting (Steve's notes): Private line, root sawing in private line - 6 times over last 10 years. 6706 Comment from Public Meeting (Steve's notes): 5th wheel trailer. Should ensure good turning movements. 6713 Comments from Public Meeting (Steve's notes): Sanitary service. Send still shot of service. 6830 Comment from Public Meeting: Drainage issue. Driveway width. 7019 & 7013 Comment from Public Meeting: Large ash. Owner would be okay to take. Close to road edge. 3 2/16/2010 Summary of Resident Survey Address Sanitary Storm Water Sprinkler Sump Pump Comments/ Concerns System 6812 No -with draining. About a year The storm drain right below our High hardness Yes Yes, my sump Will the street be widened? What the proposed side walks for the ago I had the main drain line driveway constantly gets pump runs less street, both sides or the same? What are we responsible for as any inspected. The line was clear but clogged with road debris. It's frequently. hookups to new utility lines? Additional comment via e-mail from as it entered the main line, it had a definitely sinking in. resident following public meeting: I attended the meeting last noticeable dip at the connections. night, and want thank you for providing me with the project information. It was great to have all the expertise in one place, to answer any questions people might have. I would like to bring up a concern of mine about the project. I asked a general question last night about this issue as will. I live at 6812 dupont and as the proposal stands now the water main will not be replaced. I have great concern of not replacing the main at the time of the reconstruction project. The water main is at least 30+ years old, it's -at or close to it's expected life expectancy. Giving what's involved with replacing the main, to me it only makes sense to perform the work at the time of this project. Also if the street projects are going to happen every 20 plus years. I think it's safe to say that the current water main won't last until the next major road reconstruction project. I personally would hate to see the new road being dug up 5 or so years down the road to fix or replace the main. I have worked in machine maintenance my whole life. I know for a fact it's much easier and cost effective to replace the part or line, while you have the road dug up anyway. Then to come back in several years and have to repair or replace the line. The cost of having to come back will probably be close to the chunk of the road cost on the current project. Also I'm concerned that once the digging and construction starts, that the activity will disturb the line. EMERSON 1100 No No Water pressure No No Bad streets, no curb (black top falling apart). No street parking north of 69th for safety reasons. Comer of Dupont and Emerson Ln. Cement area for school safety patrol to stand. WOODBINE 1100 Comment from Public Meeting: Look at driveway. Wider. Provide Woodbine construction area year to owner. NA = No Answer 4 • • 010 Julie Hanson WnT Donald Short [kOgvm @goidengate.net] Friday, February 05, 2010 11:10 AM To: Steve Lillehaug Subject: Re: My Comments on the Dupont Ave Reconstruction Thanks for the reply... You say that parking will be allowed on the west side.... please note that all mailboxes are on the west side of Dupont and I don't believe the Post Office is obligated to deliver mail to a rural box if they cannot access it from their vehicle. The assumption here is that someone parks their vehicle in front of a mail box. Don Steve Lillehaug wrote: > Hello Mr. Short, > > Thank you for your input regarding the Dupont Avenue reconstruction. We will forward your comments to the City Council for their consideration. One point of clarification pertaining to the parking lane is that parking is proposed to be allowed on the west side and restricted on the east side between 67th and 73rd Avenues. > Please contact me with any further comments or questions. Sincerely, > Steven L. Lillehaug, PE, PTOE > Director of Public Works /City Engineer ( City of Brooklyn Center > 6301 Shingle Creek Pkwy I Brooklyn Center, MN 55430 -2113 > 763 - 569 -3328 direct 1 763 - 569 -3494 fax > slillehaug(@ci.brooklyn- center.mn.us > > > > > - - - -- Original Message---- - > From: Donald Short [mailto:k0gvm @goldengate.net] > Sent: Wednesday, February 03, 2010 7:17 PM > To: Public Works > Subject: My Comments on the Dupont Ave Reconstruction > > Name: Don Short > Address: 6742 Dupont Avenue North > Length of Time at that Residence: 39 Years > I am happy to see the street will be reconstructed, eliminating the > various cracks, dips, etc. In addition, I welcome the curbs /gutters. NOTE: In the following paragraphs, "Dupont" implies Dupont Avenue from 67th to 69th but I know other parts of Dupont are affected. > I like the idea of widening Dupont to 32 feet and adding gutters /curbs > but there is discussion (unless I mis- understand it) that on one side 1 > of Dupont, most likely the east side, there will be a parking lane. > Assuming this is true, I oppose the parking lane. > During my 39 years living on Dupont, the only time I have witnessed > parking on the street was during garage sales or parties and in either > case, the cars were gone by nightfall. > And, I don't believe overnight parking is allowed in BC. Since Dupont > is a "main" > throughfare used by MTC buses and school buses, wouldn't a parking > lane cause some sort of bottleneck? > You also propose "choker" intersections. I believe they are > implemented for speed control. During my 39 years on Dupont I have > witnessed speeding vehicles but their occurrence is small. The > Brooklyn Center Police do an excellent job of patrolling Dupont. > Therefore, I suggest not implementing the choker intersections. > So, bottom line, widen Dupont to 32 feet, put in the curbs and > gutters, paint a yellow or white line down the middle and call it a > "done deal ". Very simple. > Plowing Dupont during > the winter is also easy without choker intersections or the parking lane. > Now, if I have mis- interpreted your presentation and have my facts > wrong, I apologize. > Thank you for listening to me. > Don > • 2 O l OZ `ZZ XjcnjqoA SZUIJL oilqnd sIuamanoadLul fvjijijfj Puy pojjS pooqjoqqi?iz)N eazV anuand luodn(I JaIuao uXjxoo.zg jo XIID i% Vo PC 'ZO 'W NON 4 30 r O Jd S 4U 9 W 8 Aojdwj Aml.m Pue 490ilS anueAV 4uodna - 6ZV jo4deqo a ln4elS 4osa L 1 r� o 4S as n4silu i s A410 9q4 04 S4UGW8Aojdwi oilqnd leoo STU;) jvixidS J?U T,JV3H j U3LLT A jd oilqn 7e wA i......., mow... «•.. .......- p _ e �� PF '� ` y,,, 4 IRLMCWI hk Y -' ''{` [([ 2 MYM AW ry , x . .. � •, � - Z 4P I V Y ' Y3AV 4MYM� 71 J }� WWI —%•-»• i' j .ems. ...�. .,' t ....1..:.,F.S..�i_.s,.+••� - i... S .1, L•- ' -��..& � .� a.i �.'..S..t„S•+5.. �.... =- ,i« » ��- .. -�.. �..A� �.+�•�����..�.�..J »i eK � .. ... xvew� x.. 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'trAa ajw �sm ry C dP - aheAVeeseed IM1 IUnP:ojeq � ' flK'a:irear+w.��iwM.fYawnelM.�VfM Yf»s.�a�..y j ,,,,,,1,,• c: :�•, r H�+-=M.N.. - �� 11; �vAer.• aaex .m+R �?e?„tm:., TT CITY OF Assessment Map " BROOKLYN CENTER ms Figure 4 „t,d—,„�a„Nr.M,NN£SOiA Dupont Avenue Project Rev.7Ji 6110 I i . ■ ■ ■ , Aed -z . ■ ■ i ■ ■ al, suoildo ju3uiX-cj lu3uiss;)ssV ImoodS /Ay ON al ■ ■ ■ '.. ■ 0 ■ 4 ■ ■ 438f.OJd ■ , ■ ■ ■ ■ olnpz)qoS loofoij 1 ■ City Council Agenda Item No. 9a COUNCIL ITEM MEMORANDUM • DATE: February 16, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel,Director of Business and Development SUBJECT: Planning Commission Application No. 2010-002 Recommendation: It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Background: On the February 22, 2010 City Council Agenda is Planning Commission Application No. 2010- 002 submitted by EDA of Brooklyn Center requesting Preliminary Plat approval to combine six parcels into one parcel of land and one outlot for future development. This matter was considered by the Planning Commission at their February 11, 2010 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2010-002 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's • consideration of this matter and other supporting documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will aggressively proceed with implementation of City's redevelopment plans Ongoing: 1. We will move toward maintaining or lowering the level of City property taxes Mission:Enuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust Application Filed on 1-20-10 • City Council Action Should Be Taken By 3-21-10 (60 Days) Plannin g Commission Information Sheet Application No. 2010-002 Applicant: EDA of Brooklyn Center Location: NW Quadrant of Logan and 57th Avenues North Request: Preliminary Plat The Economic Development Authority (EDA)for the City of Brooklyn Center is processing a preliminary plat to facilitate the consolidation of six lots into one 7.32 acre lot and a 0.86 acre outlot as part of the planning and marketing of this property for redevelopment. Additionally, as part of the replatting of this property, additional right of way width will be provided along 57`h Avenue and Logan Avenue to assure there will be sufficient boulevard areas for future streetscape and trail/sidewalk improvements. ZONING The property is currently zoned C-2 Commerce District. COMPREHENSIVE PLAN The Land Use Element of the 2030 Comprehensive Plan Update, identified this site as a multi • use district including commercial (retail business, office/service), residential (townhome and multi-family) and public and semi-public uses. EASEMENT DEDICATION The dedication of additional right of way to provide a minimum of a 20 ft. boulevard area from the back of the curb and then the ten foot standard drainage utility easement along the property lines adjoining public right of ways. This additional right of way width is consistent with the boulevard areas required for the Bass Lake Road Streetscape Improvements. EASEMENT VACATIONS As part of the replatting process, the City will be proceeding with the necessary notifications and hearings to vacate old and unused easements associated with the Northbrook Center Addition plat and the former Morgan Avenue corridor. STAFF COMMENT The preliminary plat has been sent to Hennepin County Transportation Department and the Minnesota State Highway Department for their review and comment. Additionally, a public hearing has been scheduled for this preliminary plan and notice of the 2-11-10 • Page l Planning Commission's consideration of this matter has been published in the Brooklyn Center Sun Post. RECON MENDATION The proposed preliminary plat appears to be in order and approval of the application is recommended subject to at least the following conditions: 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 (Platting) of the City Ordinances. 3. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 4. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. • . 2-11-10 Page 2 LOGISMap Output Page Page 1 of 1 gg gi- r ti m : f, J J 'g 11 a vx�� AF�%�,>•F � r m 1 / SBTH AVE N Ul ` z • r W'_. "- ___.___ HASS LAKE R6 IK 1�0 Q'lt &mod ff�O j. oosiW w,s,MdA1S•Ceyyff+q'e 4C{ad..l:G1S]D]5 ,�'�^ '� 1l, 1iM�, "�'" 844 I i • httn•//aic lnaic nro/T 0('Uq T /a/1n1 n / PRELINNRY PLAT GENERAL NOTES PRELIMINARY PLAT Center SURVEYORS, OWNEWDEVELOPERr of 2nd Addition N Loucks ' ' CNORTHBROOK CENTER Hemlo Lans,Suite 200 St01 Shingle Brooklyn rack Parkway 73-4 Grow, MN 6] Brooklyn Center,Wnnegois 763-42"30 d60ADDI TfON s I LEGAL DESCA"Okh Lois 7 through 6,Work 2.Northbrook Center Addition,Hennepin County, Brodrlyn Ceder,AOnmaole k0nnrote4 tegother wIM that portion of Logan Awnus North,muted m //{/' � ///% f r '�• ;_ 6 I shown by Document No.1760266,.rrrwng thereto by.won or the var.tlon City yd Brooklyn Curler Tomes PCro County eeiootry.c...,w.arw !! I Torrene certMeais No.1 201107 0i4�, f I PATE OF PREPARATIONt 8F _ t w 26,2000 AO •I ► I BENCHMARK. I ,E Benchmark:Top Nut of the Hydrant b the on e west s of Logan Am at the westerty extension atom southerly R-O-W line for 60M Ave,as shown hereon,94vsdon-646.30 Mt(city dNom) AS$�IATES EXISTING zONINOr /////�%/ ( •�'I A' .�' I' / ,i'I, C2 ICOWAERCE DISTRICT) , PROPOSED 2:ONIN(k ��(COMMERCE DISTRICT) Total Prep Arm- 370,849 e6 square feet or 6.46 N-sere 1.::T 1 RlCht of ww oedlratlon Am. 14.]64 sl-sanera Net or 0A]N-Berm i , I � 'r / ...__ i Not Property Arse• ]66,700 N-square feat«6.16 N-germ PROPOSED BUILDING SETBACKS: BLO K 1 1I _er Front -]6 Fast /:: ' /�/ . , \ Jr•� I v v �+ s' ,mss✓ y�1�J� Skis(Corner) -26 Feet ,G! \� ! f I I I Side pnlorisr) -10 Fast / / I I : Rear -40 Feet — /..' , FLOOD ZONE DESIGNATION:4•- / �,r I �, I LOT _:_ I�-wr.� I I 6 This property is contained In Zone X(area determined b W outside the 2.0% /c�'' // i�• �� y �I` - I annual chance floodp4M)per flood Insurance Rate Mop,Community Panel — 819210./-OF I 1 - I No.27063CO21SE,effective dote of Seplamber 2,2004. 722•/-AD 1 6�•ora => 0 60 too 2 i•� //�/ AZ �.\.af'.� - ! ------- -- w..woxrfl 0C6ts IN Eat o cs c rsa6 RU /� %r��'',�' / 1� � e� `` I/�'t � _.. I. �i s�n.,°Nw. a core N•a...w ra, �s ' n � i `'� � \ r !)/ 1.i1 T .i �r:.l � tuna.renew o.•on tt..rm'wa anN• 82 i' r' I \ •�' Y J' r'' \� I' I'l it / I A' - I .gem er w..wR rare w / \,�C'�- -- t�-`��I • \\.r\ e^,I'F I � � •r�I. �� I/'i1 I l-� \ \\ I I I I*�-I �1-suA-,'"-"�r,t'�1� 1 F t I I 6 O• ssoaem w err w vae.raa•,rr a a r —r--swm�n.3rewn ONw a 3�a C aere.SURVY LEGEND EXISTING CONDITIONS QT� }} O area L e' 4' -arn e,r ~ , _ _ - • �.,' \ ,n � t?` � � ! � O Mmrm —uarwaeo as I I - — O \ , 01♦ {� I �6 y- ---..I-- :• t_a -- - A' u;,T;) •j 2- aMen,"a au a eu tno rt e II o Preliminary�' LIH mv Flat CoNc aw CAN a0e r mr.mm uaar mwneL '-"-� - - r4•� d 6 • .. arerorosrr o amreMOi xw wwr:. +.r ,,,lP .'e arm saeasrr ��+� tunas roam..w.ea..sa.vo-...- lS:` r- •67 -- - _ ate. _ '1+ttA �. • ven..g wu un nee ee.a w ns eu.. .-T.. 09032 ..-H A'VENUE NORTH --------- ------------- 1 Of 1 �I Hennepin County Transportation Department 1600 Prairie Drive `— 612-596-0300,Phone Medina,MN 55340-5421 763-478-4000,FAX 763-478-4030,TDD www.hennepin.us Mr. Bruce Johnson, Engineering Technician Supervisor January 29, 2010 City of Brooklyn Center 1 Shingle Creek Parkway 630 in h g Y Brooklyn Center, MN 55430-2199 Re: Preliminary Plat—Northbrook Center 2"d Addition TH-100/CSAH-10(57`h Avenue)—Northeastern quadrant Hennepin County Plat Review No. 3173 Dear Mr.Johnson: Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. County staff has discussed this development with you and it is our understanding that this action is being taken to facilitate future redevelopment of the parcels. The county Plat Review Committee examined the proposal at their regular weekly meeting on January 27`h. It is readily apparent that the details regarding roadway geometries and site access will need to wait until the redevelopment configuration is known. When redevelopment becomes imminent,we would like to discuss the following items with the city: Right-of-Way/Easements • The roadway right-of-way varies considerably in this area, somewhat due to the proximity of the interchange right-of-way near TH-100 in combination with the frontage road connection to the south(Lilac Drive). • It does not appear that additional right-of-way dedications will be necessary, however future trail or highway easements may be needed to facilitate items such as sidewalks, boulevards, trails, streetscaping O elements,turn lanes,channelization,etc. • CSAH-10 is designated as a bikeway in the Hennepin County Bicycle Transportation Plan and the Three Rivers Regional Park District Master Plan. Further discussion with the city and the park district will be needed to determine the configuration of bicycle accommodations in this area. Future Roadway Configuration • Traffic volumes on CSAH-10 are anticipated to remain in the 10,000-15,000 vehicles per day over the long term,so it would initially appear that the existing 4-lanes on CSAH-10 would be adequate. However when the site redevelops,some reconfiguration may be desired to obtain turn lanes or other geometric improvements. • Normally it would be our preference that access to the property,be oriented to Logan Avenue since_the presence of the existing signal would provide better ingress /egress.. CSAH-10 changes its functional classification in this area from a minor arterial west of TH-100 to a major collector street east of TH-100. As a collector street, county access spacing guidelines allow closer access spacing. In addition, there are constraints such as existing utility easements that may make it difficult to direct all access to Logan Avenue. • There is approximately 800-900 feet of property frontage on CSAH-10, and a centralized access off CSAH-10 might make sense. The intersection with Lilac Drive is almost at the midpoint between the TH-100 ramps and Logan Avenue,and this is the probable location for an access to the north. Thank-you for the opportunity to review the preliminary plat. Further comments or discussion can be directed to Bob Byers at(612)596-0354. Sincerely, James N. Grube, P.E. Director of Transportation and County Engineer JNG/rqb . cc: Plat Review Committee-Byers!Drager/Fackler/Holtz/Lemke!Lindgren!Neby/Peterson Gary Wojahn.Hennepin County Survey Office Tod Sherman.Mn/DOT Planning Supervisor An Equal Opportunity Employer Recycled Paper • MEMORANDUM DATE: February 9,2010 TO: Gary Eitel, Community Development Director FROM: Bruce Johnson,Engineering Technician Supervisor SUBJECT: Preliminary Plat Plan Review—Northbrook Center 2nd Addition Public Works Department staff reviewed the following preliminary documents submitted for review for the proposed Northbrook Center 2nd Addition plat, preliminary plat review dated July 29, 2009 and have the following comments: 1. Vacate all existing underlying easements. 2. The 30 foot easement shown on the west line abutting TH 100 is an underlying city frontage road easement. The City is currently verifying to determine if this easement has been vacated. If not,this easement should be vacated. 3. The proposed subdivision plat is located adjacent to Minnesota Department of Transportation t (Mn/DOT) highway right-of-way. Minnesota Statutes require that the City submit the plat to the Department of Transportation for written comments and recommendations. The plat has been sent to Mn/DOT for their review but a response has not yet been received. 4. The site development plans and utility relocations must be reviewed and coordinated with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies prior to final plat application, vacation of easements and/or approval of any P P P PP site modifications. 5. The proposed subdivision plat is located adjacent to Hennepin county right-of-way. Minnesota Statutes require that the City submit the plat to the county for written comments and recommendations. Hennepin County comments and requirements are attached. 6. A cross-access agreement between Lot 1 and Outlot A is recommended in connection with final site development. rinessfews - PRELIM/NARY PLAT �y� ;r ' 'i f PRELmmARY PLAT GENERAL NOTES NO ixDOk �,. j :..�E�,I I SuRVErOR: owNewoeveLOVERt 2nd Addition NORTHBROOK CENTER 2ND ,� �,/ -�r h ,1, 3►r 200=Iocckk LLans Suite 300 ,sBrooklyn crk i:w.y Jl✓, / l FF ► Maple Onw,NN 06330 &ookyn Canter.Elements ADDITION f Y •I F u, 763 2..6666 l I LEGAL DESCRIPTION Lola 1 through 6.Mock 2,Northbrook Canter Addition,Hennepin County, ModdynCaar,AWnewR Mlnnasote,together with got portion of Logan Avenue North,vacated as ftf. / / P L_I ► shown by Document No.1744256,accruing thereto by reason of the vacation dORddyn Caen City thereof. Hennepin County a� Tonans Property �nlorogo.—U.os rw,c.xo anon uuvcv,s J l/, - -�-0 ; I I i ► Tornm Carmlcste No.1201107 A DATE OF PREPARATION: :.► July n,2006 ®reorosID xeanav a:aorx.� - r;'�r r 37A7M/-8F� •0 1 -t'aj rat/r/ k /�� / rac° .• 0.06+/-AC SENgIMAR14 PR A ESEEGE m oceunw a rem,xc "),IG/r/,F �' ~ '. .,a.v t-! .E Ranchmnk:Top Nut of the Hydrant bcabd on tlu wut aide of Logan Ave N the westerly extension of the southerly ROW line ter 6M A",as shown GIGEEG o hereon.eNvatlon•$49.30 Net(city da0rm) ASSOCIATES EXIVYINO ZONING: ""rr+,.'°r.�.,►•"'.•:r3" C2(COMMERCE DISTRICT( PROPOSED ZONING: if C2(COMEERCE DI87RIM Told Property Area 370,4411 N-square lest or S.49+f-acres /j/�u9 - ^• !''iiii'�,� r' Robt of wa-Dedlcate+na ■a 1{,364+&enuere feet or 0.33 H.areas %r%i �/ / .,,.., •! ! ,1.1 �ef Not Property Area 366,700+1-square Net or 6,16+&seas , ( II} i �•r' PROPOSED BUILDING SE TRACN�B LOCK '1 Front 35 F ast , Side(Corner) •25 Fast 1sa rr •'�`; 1$ 4 Bids Ilnterlor)•10 Fast Res 40 Feet , 1 f J .�./ � ... I li FLOOD ZONE DESIGNATION: �/ ,r f I•V LOT 1 1 ^I # This properly Is contained in Zone X(area deterMmd to be ouadde Vw 10% t It' anmal dance fbodploln)Per food Insurance Rate Map,Conn inky Panty — a t 319,210./-8F ! 1'` I' No.n063CC21W*,.wide date ot SapteraMr 2,2004. 7.32+/- o 5o loo ML eta. Norm scAu IN Fm //� ray.._ ,.•., .,,M,_ � .-- a1 � pr►t Kac�a,si,ci.rm w '�� i Y('. ' mew°xa °=11V—.:® Z. e.' LEG SURVEY s I END EXISTI NG CONDITIONS j GSIM11 MrWbtE SN+IM1r SE1eA t , E !I , svrrrs•axro:[ v.irev.e ee°""'.. r.o m.nr r.ew«,.ne ' x► w.rza rw„ac ,. vwr�nowo ocrna ""6 1, - '# 1 .l 1 - 1,-I I p,' nrawrt uwm,aeouw ens 11 It. tlf F NnO1CI101ND l4[r ► ��`s„ l �r.� '�{ ,�i I 1 FI �� �I �I cuvxcx[Men. ... wte,uo uram II P(6((rmGRly ► . i 1 j(. 3 ra,u roar _ aw.,:,.raa ---1--�`--�---- PL. �A� ..mow.,s7�u+.+K'L'�+� _ _i 1 vw '.ca�e[tt '°a'o,¢r•, M UU�a ! 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A. , ..,.�:. ......L.h ,.. ..,, >..,.. e+: W.Fe :. ,,. 4.. :.;.�:.... ., r ,:.• .:e^. ...... ,:; .:.. a. Xn^ _ Z 1:,., {'4N iY ':11 :>` .,. siA: ..w, r. R>� 4. a :�.. aas : n :.. §," ,� r., t „".,,. .. :£„ .. �`. >,. ,c_ - r ... „-.. rr, �i: .7. A .r.. ..t , :.. t ...t d:3^.. :. � �'Fr.. v..... :.i„ ,il.... x .. a .:3 ..t.. .... hq fy. ,. 2, ,4. •"Y ,+-r ... ,...!.. ... .,. +> , .:,., ,;:e ,. xk ..�,t .. .J.,.,, ,;. d.. :_. _ k^'.� .�„r,a.4...-: �, �.�.r•. ,. ,�.,_.... ,*�a ,.�Y1 ,� ..:,... -.; xr. -'d� 'it. q ..144 .; 4�+•'`a ,a • i / rr� �r/ /'` /°I #. ,'"' PRELIMINARY PLAT GENERAL NOTES Northbrook PRELIMINARY PLA T , r,/ Center / :- SURVEYOR: OWNER/DEVELOPER: 2nd Addition NORTHBROOK CENTER 2ND Loucks Associates,Inc. City of Brooklyn Center /,// �✓!.) 7200 Hemlock Lane,Suite 300 6301 Shingle Creek Parkway Maple Grove,MN 55330 Brooklyn Center,Minnesota ADDITION 763424-5505 / i LEGAL DESCRIPTION: Lots 1 through 6,Block 2,Northbrook Center Addition,Hennepin County, Bmddyn Center,Mirarmb Minnesota,together with that portion of Logan Avenue North,vacated ash shown by Document No.1740258,accruing thereto by reason of the vacation City of Brooklyn CmLLr /1 gat IE i thereof. �// �� A ,_ir IC Hennepin County �yoldTrn Cm¢.,nWneau orE r m OR GL Iwo Lmun vsrV ..t��i'�/// � .t om 18 w Tor rens Property =PPOPoSm -�° Torrens Certificate No.1201107 C cPOVOSn ORNW.cE uruly vnunox OUlI01 A \�" i $I DATE OF PREPARATION: r-�aROVOSEO DE—or Locw nvo / I _ July 29,2009 37,074+/- C SF AC I I BENCHMARK: �PROPDSED DEmrwTxX,or enR eve 1 •01'54'E Benchmark:Top Nut of the Hydrant located on the west side of Logan Ave at :e 0.25 the westerly extension of the southerly R-O-W line for 58th Ave,as shown ii-EXIST ELECTRic Urxm c sEUErLr f - -'-' I hereon,elevation=849.30 feet(city datum) ASSOCIATES i Y I I I EXISTING ZONING: � s �""+•s C2(COMMERCE DISTRICT) PROPOSED ZONING: I C2(COMMERCE DISTRICT) 1 AREAS: �IAy1/ i Tofal Property Area= 370,646+l-square feet or 8.49+l-acres "� RiSlht of wav Dedication Area= 14 364*/-souare feet or 0.33*/-acres Net Property Area= 355,700+I-square feet or 8.16+l-acres fEt7 tips �i r rj I g pROPOSED BUILDING SETBACKS: BLOCK �. N Front =35F 1 v, Side(Corner) =25 Fast Slde Interior) =10 Fast Rear =40 Feet g _ FLOOD ZONE DESIGNATION: N �r LOT J I This property is contained in Zone X(area determined to be outside the 2.0 s / ° - I ,319�G+/-SF annual chance goodplain)perflood Insurance Rate Map,Community Panel No.27053CO216E,effective date of September 2,2004. 732+/-Ac 66959 E 0.2 .� uy s% 0.25 ) i`r�:`�••�.. 0 50 100 Rw�rzRxr-b NORTH SCALE IN FEET RES It mrtLR rnanw sr sr uueao ws ze • � n.r w xarixwax, •m�ioas ww uu.arxr rauo SURVEY LEGEND — EXISTING CONDITIONS I I 3}j I � I !I uxx a SN SraRU sExflt // �! ````����, } \ I \�°'j m0 I ,bV^I I s,r.,nR.uurxoLC ru n,EPLw�R s.E.rs xir e• I I >m �3-_ RroRrzrT �I I = 2 _ D , ,n I z8z� ��� H+� ?�1rf I GxiE vxLVE u rO IELEP,KKE TELEP L PE0051.1 atRxFID UTRII'r Q- t` Prelim --__ ,W, I Pow R PD r cxxx L,, rERCE Plat uy. --------- PoLE CONCPEE uaEP oixExw r. 'Se.4Z lNY1t CURB r�M�ah r¢E x xp —`��— - L=214.98 t -' ��acz,. I.. coxcRETE pxo�RTM,�axaxLa:s< _ sicn wiurp[r¢r x 6 s3'o9' 6 57TH da Pm E E nnoR CDN WR A R>. S89'38'17'W T5S.2g .I ••"..:' r^TI{87 �!i - Y vow.ovxc xEu e E. ....r �_,. .... • It h 11 §d P ER LAKE PARK r 7SOW Zone A HIM se" Zone B LOCAL STREET 4 fur INDEX Mum —4- Brooklyn Center Zoning MCI M 02 R2 ZONING DI- 'T Ic M C1/R1 M PUDICIA R3 M C11R5R4 M PUD/C2 O R4 CIA M PU1111 no RS MC2 M PUnfR1 M Re M PUCM3 M R7 M12 M PU DMLXED -1T:=1 =01 =R1 Crb.1 RN.r Boundary centn,1 00—Dim 0 0.25 0.5 1 Fee. Brooklyn Center GIS 0 City Council Agenda Item No. 9b COUNCIL ITEM MEMORANDUM • DATE: February 16, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development lye SUBJECT: Planning Commission Application No. 2010-003 Recommendation: It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Background: On the February 22, 2010 City Council Agenda is Planning Commission Application No. 2010- 003 submitted by Earle Brown Tower LLP requesting Special Use Permit approval.to allow ITT Educational Services to operate within the C1A (Service Office) zoning district at 6120 Earle Brown Drive. This matter was considered by the Planning Commission at their February 11, 2010 meeting and was recommended for approval. Attached for our review are copies of the Planning Commission Information Sheet for Planning Y P g Commission Application No. 2010-003 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's • consideration of this matter and other supporting documents. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 1. We will move towards maintaining or lowering the level of the City's property taxes. • Mission Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust Application Filed on 1-21-10 • City Council Action Should Be Taken By 3-22-10 (60 Days) Planning Commission Information Sheet Application No. 2010-003 Applicant: Earle Brown Tower,LLP Location: 6120 Earle Brown Drive Request: Special Use Permit The applicant, Michael Koch on behalf of Earle Brown Tower LLP, is requesting a special use permit to allow ITT Education Service, Inc., a private college/technical institute, to do business at 6120 Earle Brown Drive. The information provided by the applicant indicates that the ITT Technical Institute provides studies that blend traditional academic content with applied learning concepts with a significant portion devoted to practical study in the following areas: • School of Information Technology • School of Drafting and Design • School of Electronic Technology • School of Business • School of Criminal Justice • • School of Health Services ZONING The property is zoned C-1A Service/Office District(No Height Limitation), which includes the following uses as a special use: Section 35-320, Subdivision 3(d) Non-residential education uses including Area Learning Centers (ALC), post secondary schools, business schools, trade schools and the like,but excluding public and private elementary and secondary schools (K-12). In 2002, the City established a CC (Central Overlay District) which included the City's central commerce area(Brookdale area, Opportunity Site area), and all properties lying south of 694, west of Hwy 100 and east of Shingle Creek Parkway.- Attached is a copy of the ordinance and map which identified the location of the Earle Brown Towers site within the deferred CC Overlay District. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS Attached are the responses to the following five questions which must be satisfied to consider the issuance of a Special Use Permit (Section 35-220, Subdivision 2): 2-11-10 • Page 1 • a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BACKGROUND INFORMATION A review of the building file indicates that the Earle Brown Towers office building was constructed in 1974 and that previous uses included the Minnesota School of Business in the . early 1990's and the National American University (1999-2009). RECOMMENDATION It is the opinion of staff that the standards for a special use permit to operate a private college/technical institute have been satisfactorily addressed. It is recommended that the application be approved subject to the following conditions: 1. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 2. Tenant improvement plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes through the building and occupancy permit process. 3. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. • 2-11-10 Page 2 i� `ice �/t►♦"�►�A' r► ' � �!?� •''i ♦fin':/♦fi�i•iZ♦•�♦'►.ta.y , ��►:�'� �!►R� 'a4►�►♦��al i`�a•,►�..J'*�►�fl..t►`►�1;!.�°��i r f�+� �A.�� t.�.i.��t��..�. `��' �O'�♦iii r � + ,! e ���� .<... ,�♦ �`•1 � 'r� 4`���►,,�y�i' Vii►. 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CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 14th day of June 2004 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Ordinances of the City of Ordinance Amending Chapter 35 of the City Ordm ty Parkway, to consider an O g P . Y Brooklyn`Center Regarding Allowable Uses in The CC Central Commerce Overlay District. with disabilities are available upon request at least 96 hours in Auxiliary aids for persons P advance. Please contact the Deputy City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2004-10 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ALLOWABLE USES IN THE CC CENTRAL COMMERCE OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35-2240 of the City Ordinances of the City of Brooklyn Center is hereby amended to read: • Section 15-2240- CC CENTRAL COMMERCE OVERLAY DISTRICT. 1. Land may be designated as being within the CC Central Commerce Overlay District by city ordinance. Land use within any area so designated shall comply with the regulations of this section in addition to all regulations applicable to the underlying land us e district established in Sections 35-300 through 35-331 of this Code and other regulations as applicable. in the ., are allowed •trici 2. [Uses allc�ti�eci to the underl�in� l��id use dts ] The following uses CC Central Commerce Overlay District: [except as provided in this section.] a Finance,insuranc h Medical, dental, nstennathic, chiranractic and n*;^metric offices_ The cnmpaunding dispensing or sale C iLretafl)-aL iDlinn items, patent or nrr n3iaPtar�!medicine% sick roam cnnnliec,�msthetir devices nr items relating to any�f the foregning wb n ondii ed in-the hnilding nc nnied primarily by medical dent n_stennnthicTironrac�tic ar nntnm .tri offices- r The following officuses- Legal �-- ORDINANCE NO. 2004-10 21 Fng'ncmingrand architectural 3) Educational and scientificc r s arch (excluding laboratory farili iec �l Accnunting, auditing and hnnkkf—=ing urban n arming agency d Beaiu v and harber service-q- t, Funeral and crem atniy cervices f Photographic services- 2 Annarel repair, alteration and rleaning pick-,zn statione, chap re=air_ h Advertising offices provided that the fabrication of c g c shall not he a permitted US P_ -�rirPC off_tre adjustment and collection 1 Consumer and mercantile credit TPnnTting Se �.� service offices- Dliplsating,mailing and ste_nn= his service.offices_ • k---l lnvmf- tagencv offices. I Business and management conrailtant nffir. .s_ m Dt- a tive and l rotertive azgennry nffir_.ec_ n C'ontractor's , • s- n Governmental offices_ Business assnriation,1professional membership organizations- labor nninncsivi_c, sncisl and fraternal acsoratinn nffirec_ Financial institutions inniliffing, hurt not limited n, fill c nri hanks and savings and loan associations_ r Drop in child care centers linen____ced by the Minnesota Department of Public Welfare pursuant to a valid licence s lipnn,._13mvi e t at a cnrX of .q;iid license and l'r-ai fi n ehiall he submitted annually to the-City- s T easing nffi . .S,nrnyided there is no ctnrnge ni r di.S}]13 J]f nrndn .tc on the us , site_ • ORDINANCE NO. 2004-10 t libraries aii-gaUedm u Tnctnurtional uses for irt, mil,ic X, d c orating, ncing and he like and studios for like activity_ v Fducational uses, including post cPron bucin cc schools, trade schuolR and n like- but excluding ruiblic, and nriyatP elements nd seconclary schools- OL-14 w The retail Rate of fund_ X Rating establishments_ Convenience food rPCtanr ntc �mvi ed the district including ah„tment at a nun magi re s ee t line- 7 F,tin2 estahlichm n s offering live ente ainment;recreation and amusement nlr aces such ac motion picture theaters and legitimate theater; sports .nag, howl�no all .vR_ kging rinl.R,.an❑ �ssiumcy and event centers renting-space to organizations and individuals for meetings, re ent'or s n c, gatherings tr d2ws, Remi • entertainment- all�nrovided they do n )t abut an R1, R? or Rj zoning distric inrlilding sbutment at a non mayor thornug]1fare gtr.et line_ as The retail sale of h a�ting_3n_.dinlumhing Pgp4?t-pint glass and wallnaprz, electrical suliplit,S, and building sunnli .c_ bb The retail sale 0 f r,rPC hatreri c and aLtomohile acceccori cam_ and marine c raft arcessorieR_ cc The re`"' sales of^^"°"°t and related accegROries_ nn The r tail gale of filmiture- home fiimichings and related eaui�nment_ PP The retail sale of miscellaneous iternq ° ^b as the fallowing: 11 Dm2s and nnnrietary Pm. LinlinrS 3) Antiques �?°°^^^tihand merchandise 4) Rooks and c ationm 5) Garden supplies h61Jewel 7) Flowers and fl oral s_rP ac . caries . $l Ci crars an Rig r . s ORDINANCE NO. 2004-10 • newspapers and magazines 10) Cameras and inn nth anhi . supplies 1 1 Giftsrnovelties and stmvenirs 1�T Pets 1) Optical goods 14) Snorting goods and hicyri.Se ff The following rP^air/service uses- ]) Fl ctrical repair service shop s_ . c1 � n$and nh�mhingea� inTent ?) es,pl P r.tical p 3,) Radio and television re*+air cP*��ice shnn�s 4) Wstchrclo k and jewe lenair ePrvice s nS ho _ 5) Laundering, clad aningand dgP_-ng- gg Clacnline s rvice stations (see 4ection 35-414), motor vehicle pair and auto w sh -,trailer and tnirk rental in cnniitnrtion WO these iisec, nravid .d t at there is ]f,,qllate parking space sysilable,for these vehicles_- hh The sale or vending atgasolin s rvi s t' f,t°me other t hq lel P lubricants or automotive parts- and accecsori c (and other than the vending of soft drinks_ • candy, cigarettes rid other incidental items for cps rim .r s in with the 13rinci�l building)provided adequate parking is av ilahle .onsistenty6th the tion 35-764,7 Cb)and 2 (cl_ ii Transient lndging= Puhlic transr ortation terminals (excluding trnck terminals)_ 1 . Tennis lnhs, ranker and sy rim cinn-.g anu ntber ,thlet;, clubs- h alpas and suntan 11 C'rrnurn --&-)L care facilities provided developments lon�LS, '*' °a''1' specific case,are demonstrated to he' 1) Compatihie th existing sl-scent land uses as well as with those uses rmitted in the ( distri .t generally 2� ( mmplimentaa to existing adjacent land uses as well as with those nsec rern,itted in the C'2 dictricLgen=lly- 3) Of comparable intensity to permitted (' district land uses with respect to a ti i 1PV -lc • ORDINANCE NO. 2004-10 4) Planned and (jefiignPfj to assure that generated tr affi will he within the rnpad ca i T ^* Sysil hl p>>hli fa iii iec and will nn� t-, an sciverse i noon those facilitiec, the immediate =i n n 5) Traffic gen br y the cite will not pose a danger to children served by the da; .ar . Uc . rurtnermore, gr mI clay care facilities ch ll he subject to the cTPaial reapiirementS set forth in Section '45-41 mm Public n nds, athletic fields and other recreation and open space uses= nn AccecsnrTuseS, a� °^tal to the fnregning n=rincinal ns c wh n to ted nn the same pMopt-.rj:y with the use to which it is ancessary S i h ac . .c-,nry not be restricted to the fnllnwing 1) Offstreet parking and offstree to ding_. 21 Si n-,as permitted in h Rrookl3m CenterSign Ordinance_ i 3� Outside display and sale of mer se llrnvided th t n ad inistratrve nprrn it is first obtained n3 ir-mant to Se t1nROO a .. 4) Lift -,hops hank anri V�AllllilerV Sl1anS t(lhaccn Sl1(lnrC_, _ar �essary T ann$d estamhlliasr h maecnctess oc rT le ho �•„*,lttxir s teonuy inm n sii r s mr offcte newsstands _ hn�lnmvc nvPr 4(1,0()(1 c t in o occ floor ided- that there is nn associated signery visible fr nut or delive Tnf fond frnm the Int- and h total floor area of all such-ShOPS within q building_ shall nn d 1 ° huilding- n!o Accecsnnsff cite aT kin2 not lncatea nn th�n?�roz erty �'n h the principal use cn ' ;rt to the provicionc of Secti an I5 PP Other use-, similar m nature tn the afore as determin d by the City C-ounril- 3. The following uses are soecif tally not permitted in the CC Central Commerce Overlay District: • a. sauna establishments it ORDINANCE NO. 2004-10 • b. massage establishments C. currency exchanges d. pawn shops e. secondhand goods dealers 4. The followin g area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Martin Drive and T.H. 100 and going southwesterly along the centerline of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right-of-way line of Brooklyn Boulevard to a point located approximately 445' northerly of its intersection with County Road No. 10;thence east along an extended line made up of the south boundar X fi of the for lines p Grimes 2"d Addition, Hipp's 4�' Addition and Hipp's 5 Addition, Hennepin County, continued to the rent .rline of Shingle Creek thence northerly along the centerline [east r:i�;ht-of-way line] of Shingle Creek [Park%, ' to -the north. btxrndary line o1' the plat for. Brookd.ale Sytwre 22"d Add.iti01.1. Hennepin County] to the ent .rlin .of i-94;thence easterly along said line [to the , Joliri Martin Drive line] to the centerlint. of Humboldt Avenue � ,?nrrh;_thence southerly to the. renterfine of T-14- 100;; thence [southerld southwesterly to the point of the beginning. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 14'h day of June, 2004 Mayor ATTEST: City Clerk Date of Publication: June 24, 2004 Effective Date: July 24, 2004 (Brackets indicate matter to be deleted,underline indicates new matter.) 0 C&of TER • Standards for Special Use Permits Section-35-220. SPECIAL USE PERMITS. Special uses are those which may be required for the public welfare in a given district but which are,in some respects,incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance,a special use permit must be granted by the City Council. 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health,safety,morals or comfort. The proposed use is for a post secondary educational institution that will provide technology oriented degree programs to help residents of Brooklyn Center develop skills and gain knowledge necessary to pursue career opportunities in a variety of areas Programs include degrees in the areas of Information Technology, Drafting and Design, Criminal justice, Electronics Technology, Business Accounting and Administration and Health Sciences. The general public welfare would be enhanced by providing opportunities for job training and educational services to the citizens of Brooklyn Center and would provide a more educated labor force or employers in the Brooklyn Center area. Please see the attached "Description of Proposed Use"for more Wetailed information. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted,nor substantially diminish and impair property values within the neighborhood. The proposed use would be identical to the previous use of the first and second floor space at Earle Brown Tower. Previously, National American University used the same space to provide postsecondary educational services. Traffic is expected to be the same as the previous use. Since purchasing the building in December 2000, we have received no complaints from neighbors or adjacent property owners and National American University has been a tenant and engaged in a similar use for the entire time. Earle Brown Tower has ample (and unused)surface parking for the proposed use. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district The proposed use would be identical to the previous use of the first and second floor space at Earle Brown Tower. Previously, National American University used the same space to provide post secondary educational services. During this time, the Embassy Suites was developed, nearby. The proposed use would provide an educated, qualified and skilled workforce to contribute to the development and improvement of the surrounding property in the area of Earle Brown Tower. d. Adequate measures have been or will be taken to provide ingress,egress and parking so designed as to minimize traffic congestion in the public streets. Te proposed use would be identical to the previous use of the f rst and second floor space at Earle Brown WO,wer. Previously, National American University used the same space to provide post secondary educational City of Brooklyn Center Business and Development 6301 Shingle Creek Pkwy Brooklyn Center,MN 55430 763-569-3300 Standards for Special Use Permits 12-09 Page 1 service. Ingress, Egress, Parking and Traffic are expected to be the same as the previous use. Earle Brown Tower has not received any com hints f rom nei g hbo rs or adjacent property owners regarding congestion, • parking, ingress or egress. In fact, during the time National American University has been at the building, there has been enough extra parking that, occasionally,Judy from the Earle Brown Farm, borrows some of our parking for overflow when she has special events. Earle Brown Tower has ample(and unused parking) surface parking for the proposed use. Earle Brown Tower engaged in significant efforts and spent substantial time and resources to "bring back"the bus stop in front of the building in April 2009. The return of the bus stop, the efforts made to get workers at Earle Brown Tower to use mass transit have all contributed to reduce congestion and provide more than adequate parking at the site. e. The special use shall,in all other respects,conform to the applicable regulations of the district in which it is located. According to the information we have been given by Curt Boganey, City Manager and Gary Eitel, Business and Development Director, this special use conforms to all applicable regulations for a CIA Service/Office District and also conforms to the regulations of the Central Commerce Overlay District 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment,location,construction,maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted,the • City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance,such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted,or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. • City of Brooklyn Center Business and Development 6301 Shingle Creek Pkwy Brooklyn Center,MN 55430 763-569-3300 Standards for Special Use Permits 12-09 Page 2 • In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment • r • City of Brooklyn Center Business and Development 6301 Shingle Creek Pkwy Brooklyn Center,MN 55430 763-569-3300 Standards for Special Use Permits 12-09 Page 3 DESCRIPTION OF PROPOSED USE Who we are • ITT Educational Services, Inc. is a leading private college system focused on technology- oriented programs of study. It operates over 105 ITT Technical Institutes in 37 states which predominantly provide career-focused, degree programs to approximately 70,000 students. Headquartered in Carmel, Indiana, it has been actively involved in the higher education community in the United States since 1969. Basic Description of Operations Students attend classes year-round with convenient breaks provided throughout the year. Typically ITT will run three class sessions each day Monday through Friday and one or two class sessions on Saturday, depending on student enrollment. Weekday class sessions are usually between 8:00 AM and 12:00 PM, 1:00 PM and 5:00 PM and 6:00 PM and 10:00 PM. This class schedule offers students flexibility to pursue part-time employment opportunities. Accreditation Each ITT Technical Institute is either authorized or licensed by the state in which it is located and is accredited by or in the process of seeking accreditation from an accrediting agency recognized by the U.S. Department of Education. All ITT Technical Institutes (except in some • instances the most recently opened institutes) are eligible to participate in the federal student financial aid programs authorized under Title IV of the Higher Education Act of 1965, as amended, and as administered by the U.S. Department of Education. Additional Facts According to U.S.. Department of Education data, all of the ITT Technical Institutes combined granted the largest percentage (14.7 percent) of the total number of associate and bachelor degrees awarded in the U.S. in electronics and electronics-related programs in the 2000-2001 school year (the latest year for which statistics are available). All of the ITT Technical Institutes combined also granted the largest share (22.6 percent) of the total number of associate's and bachelor's degrees awarded in the U.S. in drafting programs during the same period. Schools of Study The six schools at the ITT Technical Institutes include the School of Information Technology, School of Drafting and Design, School of Electronics Technology, School of Business, School of Criminal Justice, and School of Health Sciences. Most ITT Technical Institute programs of study blend traditional academic content with applied learning concepts, with a significant portion devoted to practical study in a lab environment. Advisory committees, comprised of • representatives of local businesses and employers, help each ITT Technical Institute periodically 1 assess and update curricula, equipment and laboratory design. When students enroll at ITT they • commit to either an Associates Degree, Bachelors Degree or Masters Degree program. Students are not permitted to enroll in single classes. Schools of Study Not all ITT Technical Institutes have all six schools of study. Specific program offerings are tailored to meet the needs of the local population being served. The following, however, represent the possible programs of study for an ITT Technical institute in Brooklyn Center. Sdiool Dt Information Technology The School of Information Technology focuses on providing a broad-based foundation in information technology (IT) and on helping students develop skills and knowledge in technical areas with practical value in the workplace. In addition to technical knowledge, many IT workers need to be able to communicate, handle multiple tasks at once and assess user needs when developing computer-based solutions. Curricula in the School of Information Technology also teach problem solving, critical thinking, communication and teamwork skills. Most IT programs taught in residence offer practical applications of classroom theory in a lab environment, where students are encouraged to apply their classroom instruction. With a hands-on learning environment in most programs and convenient class schedules. Bachelors Degree Programs include: Information Systems Security, Data Communication, Systems Technology, Software Engineering Technology, Project Management, and Software Applications Development. Associates Degree Programs include: Information Technology- Computer Network Systems, Information Technology - Software Applications &Programming, Information Technology- Web Development, and Software Development Technology. Online Programs include: BS -Information Systems Security, BS -Project Management, AAS - Information Systems Administration, and AAS - Computer Forensics. The School of Electronics Technology at ITT Tech combines classroom theory and practical application in a laboratory environment. Not only has the rapid transmission of data become indispensable to many consumers and businesses, but most businesses also depend on complex electronic equipment for a variety of functions. Communications systems, automated equipment, machinery and safety systems all rely on electronic devices and systems. Individuals with the • technical knowledge to help install, test, maintain and repair this equipment can be important to helping businesses remain productive. 2 Bachelors Degree Programs Include: Industrial Automation Engineering Technology, Electronics and Communication Engineering Technology. • Associates Degree Programs include: Computer and Electronics Engineering Technology The School of Drafting and Design at ITT Tech combines classroom theory and practical application in a laboratory environment. The products we use and the structures in which we live and work start out as designs - from an electronic circuit to a video game to a house. Designs are typically represented in draft form to demonstrate how to construct the product. Drafting and design used to be separate tasks. Today, computer-assisted drafting and design software has made the two processes more interrelated. Programs in the School of Drafting and Design focus on using current tools of technology. Bachelors Degree Programs include: Digital Entertainment and Game Design,Graphic Design, and Construction Management. Associates Degree Programs include: Computer Drafting and Design, Information Technology -Multimedia, and Visual Communications. Online Programs include: Construction Management, Construction Technology, • and Web Design. Men and women in business today face an ever-changing environment. The School of Business at ITT Tech can teach students about the impact of global markets, technology that sends information around the world instantly and a culturally diverse work force. Bachelors Degree Programs include: Business Accounting Technology, Business Administration, and Technical Project Management. Associates Degree Programs include: Business Accounting Technology, and Business Administration. Online Programs include: Master of Business Administration, BS - Business Accounting Technology, BS - Financial Accounting Option,BS -Internal Controls Option, BS - Business Administration, BS - Finance Option, BS - Human Resources Management Option, BS - Marketing Option, BS - Marketing Management Option, BS - Project Management Option, BS - Technical Project Management, AAS -Business Accounting Technology, AAS - Business • Administration. 3 • The School of Criminal Justice at ITT Tech focuses on offering programs that teach a balance of theory and application by integrating interpersonal skills and criminal justice subject matter. Programs in criminal justice teach the fundamentals of the criminal justice system and criminal justice skills as well as certain technical skills used in criminal justice. Each program offers a foundation in criminal law, legal procedures, criminal evidence and criminology.Areas of study include law enforcement, corrections and the courts. Bachelors Degree Programs include: Criminal Justice, and Criminal Justice - Cyber Security. Associates Degree Programs include: Criminal Justice, Paralegal Studies. Online Programs include: BS - Criminal Justice,BS - Criminal Justice - Cyber Security, AAS - Criminal Justice, AAS - Paralegal Studies. The ITT Technical Institute offers Associates Degree programs of study in nursing and health information technology. • • 4 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION • OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 11, 2010 I CALL TO ORDER The Planning Commission meeting was called to order by Acting Chair Rahn at 7:17 p.m. I ROLL CALL Acting Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, and Michael Parks were present. Also present were Director of Business and Development Gary Eitel, Planning Commission Recording Secretary Rebecca Crass,Jared Andrews,Loucks and Associates. Commissioner Joann Campbell-Sudduth was absent and excused. Commissioners Carlos Morgan and Della Young were absent and unexcused. I CHAIR'S EXPLANATION Acting Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. • APPROVAL OF MINUTES —JANUARY 14, 2010 There was a motion by Commissioner Kuykendall, seconded by Acting Chair Rahn to approve the minutes of the January 14, 2010 meeting as submitted. The motion passed. Commissioners Leino and Parks abstained since they were not present at the meeting. APPROVAL OF MINUTES —JANUARY 28. 2010 There was a motion by Commissioner Parks, seconded by Acting Chair Rahn to approve the minutes of the January 28, 2010 meeting as submitted. The motion passed. Commissioners Kuykendall and Leino abstained since they were not present at the meeting. ELECTION OF 2010 CHAIR AND CHAIR PRO TEM Chair f the 2010 Planning Actin Chair Rahn opened the floor for nominations for Cha o Acting p g Commission. There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks to nominate Commissioner Sean Rahn as Chair of the 2010 Planning Commission. Acting Chair Rahn called for further nominations three times. There being here was a motion b g none� Y Commissioner Leino, seconded by Commissioner Parks, to close nominations and elect Commissioner Rahn Chair of the 2010 Planning Commission. The motion passed unanimously. Chair Rahn opened the floor for nominations for Chair Pro Tern of the 2010 Planning Commission. There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino to nominate Commissioner Parks as Chair Pro Tern of the 2010 Planning Commission. Chair Rahn called for further nominations three times. There being none, there was a motion by • Page 1 2-11-2010 Commissioner Leino, seconded by Commissioner Kuykendall, to close nominations and elect • Commissioner Parks as Chair Pro Tern of the 2010 Planning Commission. The motion passed unanimously. APPLICATION NO. 2010-002 EDA OF BROOKLYN CENTER Chair Rahn introduced Application No. 2010-002, a request for Preliminary Plat approval to combine six parcels into one parcel of land and one outlot for future development. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2-11-2010 for Application No. 2010-002.) He explained that this property is zoned C-2 (Commerce) and that the Economic Development Authority (EDA) is processing the preliminary plat to facilitate the consolidation of six lots into one 7.32 acre lot and a 0.86 acre outlot as part of the planning and marketing of this property for redevelopment. Mr. Eitel added that along with the platting process, additional right of way width will be provided along 57th Avenue and Logan Avenue to assure there will be sufficient boulevard areas for future streetscape and trail/sidewalk improvements. Mr. Eitel reviewed the history of the site and stated that there had been an environmental assessment conducted for the property. He also reviewed the status of the MPCA clean up and Super Fund Designation associated with the former dry cleaning operation,noting that clean up/vapor extraction is planned to be completed within one year. The City will continue to pursue a No Further Action Letter from the MPCA for the developable lot. . Mr. Eitel also pointed out that dedication of additional right of way will provide a minimum of a 20 ft. boulevard area from the back of the curb and then the ten foot standard drainage utility easement along the property lines adjoining public right of ways. He added that as part of the replatting process, the City will be proceeding with the necessary notifications and hearings to vacate old and unused easements associated with the Northbrook Center Addition plat and the former Morgan Avenue corridor. Along with the replatting of the property, the City will be correcting improvements to the pedestrian walkways along 57th Avenue North as a continuation of the Bass Lake Road streetscape improvements. Commissioner Rahn referenced a previous development that had been proposed to the site and asked if that had been a PUD proposal. Mr. Eitel referenced the previous Norhhbook Site Task Force and the City's request for development proposals which resulted in the Northbrook Village development concept for a mixed use commercial-residential development. This concept did not proceed beyond the EDA's initial development agreement and consequently was not formally reviewed by the Commission. Commissioner Parks asked for clarification about Hennepin County's memo regarding the site. Mr. Eitel responded that the County had stated that they would like the city to keep Lilac Drive as the main access on the site and they would like to see the other curb cuts along County Road 10 go away or be limited to only one. He added that they also addressed the right of way dedications and the need for future trail or highway easements. Page 2 2-11-2010 Commissioner Leino arrived at 7:44 p.m. • PUBLIC HEARING—APPLICATION NO. 2010-002 EDA OF BROOKLYN CENTER There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to open the public hearing on Application No. 20,10-002, at 7:44 p.m. The motion passed unanimously. Commissioner Leino asked for clarification on what the title to the property would indicate. Mr. Eitel responded that this plat would vacate old easements, dedicate new easements and would be a 7.32 acre lot and a .86 acre outlot to facilitate future planning. Chair Rahn called for comments from the public. No persons from the public appeared before the Commission during the public hearing on Application No. 2010-002. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Parks, to close the public hearing on Application No. 2010-002, at 7:48 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2010-002 EDA OF BROOKLYN CENTER There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to recommend to the City Council that it approve Application No. 2010-002, submitted by EDA of Brooklyn Center subject to the following conditions: 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 (Platting) of the City Ordinances. 3. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 4. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Parks. The motion passed unanimously. The Council will consider this application at its February 22, 2010 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Page 3 2-11-2010 • APPLICATION NO. 2010-003 EARLE BROWN TOWER LLP Chair Rahn introduced Application No. 2010-003, a request for Special Use Permit approval to allow M Educational Services to operate within the C-1A(Service Office) zoning district at 6120 Earle Brown Drive. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 2-11-2010, for Application No. 2010-003.) He stated that the property is zoned C-1A (Service/Office). He added that schools are an allowable use in the C-IA zoning district through the special use permit process. He further explained that the City established a CC (Central Overlay District) which included the City's central commerce area (Brookdale area and Opportunity Site area) and all properties lying south of 694, west of Hwy 100 and east of Shingle Creek Parkway. Mr. Eitel explained that the proposed use is for a post secondary institution that will provide technology oriented degree programs and is similar to the previous use at the Earle Brown Tower. He also explained the history in establishing the CC (Central Overlay District) which excluded certain types of uses and also expanded the area within the CC zoning district. Mr. Eitel described the site to be 6.4 acres and an eight story office building, with 141,204 sq. ft. of gross office area, 689 parking stalls on the site and was built in 1974 as part of a phased development which includes the office building to the south,built in 1972. He added that . collectively there is 1,034 parking stalls on the site, which exceed the city's parking requirements. Mr. Eitel reviewed The Standards for Special Use Permits and pointed out the applicant's response to each of the items specifically pointing out that parking and ingress and egress requirements on the site have been met. PUBLIC HEARING—APPLICATION NO. 2010-003 EARLE BROWN TOWER LLP There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2010-003, at 8:11 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant,Mr, Mike Koch, 1600 University Avenue, St. Paul, introduced himself to the Commission. Commissioner Leino asked the applicant if they would be having day or evening classes. Mr. Koch responded that they would have both day and evening classes. No persons from the public appeared before the Commission during the public hearing on Application No. 2010-003. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall,to close the public hearing on Application No. 2010-003, at 8:12 p.m. The motion passed unanimously. Page 4 . 2-11-2010 The Chair called for further discussion or questions from the Commissioners. • The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2010-003 There was a motion by Commissioner Parks, seconded by Commissioner Leino, to recommend to the City Council that it approve Application No. 2010-003, submitted by Earle Brown Tower LLP subject to the following conditions: 1. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof,may be grounds for revocation. 2. Tenant improvement plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes through the building and occupancy permit process. 3. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Parks. The motion passed unanimously. The Council will consider this application at its February 22, 2010 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM: 2030 COMPREHENSIVE PLAN Mr. Jared Andrews from Loucks and Associates presented the updated Comprehensive Plan to the Commission. Mr. Andrews stated that the Comprehensive Plan was approved by the City Council in May 2009 for submittal to the Metropolitan Council and some minor additions have been made since that submittal in response to Metropolitan Council's reporting requirements. He pointed out the following additions to the Comprehensive Plan: • Table 2-2 Metropolitan Council Land Use Table in 5-year stages (Page 2-19) • Solar access policies and historic resource preservations sections. These sections are general in nature and are a carryover from the previous comprehensive plan (Page 2-20). • City sanitary sewer flow map detailing individual sewer main lines. (Page 6-10) • Zoning Map for reference (Appendix D). Mr. Andrews stated that he will meet again with the Commission later in February to discuss in more detail the Comprehensive Plan prior to formal adoption by the City Council. OTHER BUSINESS There was no other business, • Page 5 2-11-2010 . ADJOURNMENT There was a motion by Commissioner Parks, seconded by Commissioner Leino, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:40 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 6 2-11-2010 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: February 16, 2010 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ✓' SUBJECT: Financial Commission Appointment Recommendation: It is recommen d that the City Council consider ratification of the Mayoral appointment of recommended h Steve Landis to the Financial Commission. Background: 1 y chairperson and six members. There are current The Financial Commission is composed of a rp three vacancies on the commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 since May 2008 and remains posted. Several announcements have been made in the Brooklyn Center Sun-Post. Announcement was also made in the Winter 2010 Edition 169 of City Watch. A letter was sent to those persons who previously had submitted an application for appointment • to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members on February 12, 2010. Attached for City Council Members only is a copy of the application received: Steve Landis 7118 Grimes Ave N A letter was sent to the applicant notifying him that his application for appointment would be considered at the February 22, 2010, City Council meeting. Budget Issues: There are no budget issues to consider. • Hission:Ensuring an attractive,clean,safe community=that enhances the quality,of fife and preserves the public trust City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson erson and Six Members Current Members February 16, 2010 Neighborhoods an ���.,� F � ,5,..,�, �;.�ary.. Current Members Southeast Philip Berglin Dan Schueller Susan Shogren Smith Northeast Northwest �_ d �� West Central Central Rex Newman Southwest Three vacancies. City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM • DATE: February 16, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson City Clerk SUBJECT: Housing Commission Appointment Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointments of Chereen Norstrud and Ephraim Olani to the Housing Commission. Background: The Housing Commission is composed of a chairperson and six members. There are currently two vacancies on the commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 since December 16, 2009. Announcement was made in the Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that • they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the applications received was forwarded to City Council Members on February 5, 2010. Attached for City Council Members only is a copy of the applications received: Chereen Norstrud 6720 5th Street North Ephraim 01ani 3813 51st Avenue North A letter was sent to the applicants notifying them that their applications for appointment would be considered at the February 22, 2010, City Council meeting. Budget Issues: There are no budget issues to consider. • Alission:Ensuring,an attractive,clean,safe community that enhances the quality of life and preserves the public trust City of Brooklyn Center • Housing Commission Geographical Distribution (Chairperson and Six Members) Current Members February 16, 2010 5 - x Neighborhoods �' � �z �,.' Current Members Southeast Northeast u Northwester�� �rttd� ' Kathie Amdahl Steve Landis (if appointed to u g Financial Commission, will resign Housing Commission) West Central Kris Lawrence-Anderson Central Judy Thorbus Southwest ) ira,m Q� � a ' d James Richards Two vacancies. i City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM • DATE: February 16,2010 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works SUBJECT: Resolution Establishing Parking Restrictions on Dupont Avenue North from 67`h Avenue North to 73rd Avenue North Recommendation: It is recommended that the City Council consider approval of the attached Resolution establishing no-parking restrictions along the east side of Dupont Avenue North from 67th Avenue North to 73rd Avenue North in accordance with Municipal State Aid (MSA) requirements. Background: Street improvements are currently being coordinated and considered for the Dupont Avenue North area between 57th and 73rd Avenues in accordance with the 2010 Capital Improvements Program (see attached figure). Dupont Avenue North is designated as a MSA route, which allows the City to expend MSA gas tax funding for a portion of the construction costs for this project. • The MSA approval process includes certain standards for street widths and on-street parking. The state aid route listed above as proposed will be 32-feet wide between 67`h and 73rd Avenues. This street width is not sufficient to allow on-street parking on both sides of the street based on MSA design standards. Parking along Dupont Avenue North is currently allowed between 67th Avenue North and 69th Avenue North and prohibited in the area of Evergreen Elementary School. The proposed resolution would officially establish a No-Parking Zone on the east side of the street between 67th Avenue North and 73rd Avenue North. This action is required as a condition of plan approval from Mn/DOT. Budget Issues: Routine replacement of the existing No-Parking signs was previously included in the project cost estimates for the street improvement project. No additional budget issues are involved with officially adopting the current parking restrictions. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Mission: Gnstu'irI, an IIJtrctctirc. rlcvan. srt/r cvunmtnri{r that enhanc•ec tht•quality().f lilt,it/Id rreserces tit prrh/ic tru.�t Member introduced the following resolution and moved its adoption: - • RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON DUPONT F AVENUE NORTH FROM 67TH AVENUE NORTH TO 73RD AVENUE NORTH WHEREAS,the City of Brooklyn Center has planned the improvement of Dupont Avenue North between 571h Avenue North and 73`d Avenue North within the City of Brooklyn Center, Minnesota; and WHEREAS, the City of Brooklyn Center will be expending Municipal State Aid Funds on the improvements of said streets; and WHEREAS, the proposed street improvements do not provide adequate width for parking on both sides of the street between 67th Avenue North and 73rd Avenue North; and WHEREAS,approval of the planned construction improvements as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that the City shall ban the parking of motor vehicles at all times on the east side of the following street segment: 1. Dupont Avenue North from 67th Avenue North to 73rd Avenue North February 22 2010 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. • . Im xm P t DUPONT 6^ — CI a _ NO-PARKING ZONE(EAST SIDE ONLY) W 2 H 10 Im xm W J f DUPONT a a N c � x o m — 3 - rte —a — to w - — --- - --I -- - — --r - - LEL -q p m NO-PARKING ZONE(EAST SIDE ONLY) -3 a I > m xm a ® I s � ) I sr.rE uo moxc*.a ..N BY I CITY OF BROOKLYN CENTER oES cNEO R. CONSULTING 3qY .. JONCTN•N•NCPNERSO 0 BERUBE ibio-osPP,c N0' �ucr�sRSw� NO PARKING ZONE PEVtsco" GROUP, INC. DUPONT AVENUE .• ...�ayM Qmnla\T013_IeyO$.dpl llcMS. a1to0 CONN. v0. '013 City Council Agenda Item No. 10d COUNCIL ITEM MEMORANDUM • DATE: February 18, 2010 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Amend 2010 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2010 City Council meeting schedule to add a joint meeting with the City advisory commissions and Charter Commission. It is recommended to set the date and time of the meeting for Tuesday, April 6, 2010, from 6:30 to 8:00 p.m. in Constitution Hall, Community Center. Background: At its February 8, 2010, Work Session the City Council directed staff to schedule a reception style meeting with the City advisory commissions and Charter Commission. The commissions are to give a five minute presentation on what they accomplished in the last year and to inform the Council on how they would like to contribute to the Council's adopted strategic goals. Budget Issues: There are no budget issues to consider. :Mission:Ensuring an attractive,clean,safe community that enhances the qualitp of life.and preservers the public trust MEMORANDUM DATE: Februa ry 10, 2010 • TO: Commission Members FROM: Curt Boganey, City Manager SUBJECT: Joint meeting with City Council On February 8`h 2010,the City Council directed me to set a date and time for an informal reception and joint meeting with all advisory commission members and the Charter Commission. The meeting is proposed to be held in Constitution Hall on April 6`" from 6:30- 8p.m. Each commission will be provided ten (10) minutes to briefly review activities of the past year. In addition the City Council is very interested in having the advisory commissions assist in achieving the Strategic Goals as adopted by the Council in the 2010 Strategic Plan. I have attached a copy of the Strategic Plan for your review. As you will note there are six strategic goals. Within each strategic goal there are success targets. The Council is committed to achieving these success targets and the Council believes that your involvement could be very beneficial to our success. Please review these Strategic Goals with your staff liaison; please determine if you believe your commission can contribute to the achievement of any of these success targets. If you believe that you can and if you are willing to assist the Council/staff in this regard, please identify no more than two success targets of interest and at the joint meeting inform the Council how you would like to assist. For example: Your commission might decide to assist with the achievement of S.G.4. Positively address demographic makeup and increasing cultural diversity. Success Target 1, Members of all communities will have equal access to governmental activities. Your commission might offer to develop a report on current demographic makeup on all commissions and provide a set of proposals to expand outreach to groups that are underrepresented on Commissions. As you look through the plan I am certain you will find many important goals and needs where the talent and knowledge of your commission can be invaluable to the achievement of these important goals for our community. The Council and staff greatly appreciate your service and look forward to your continued contribution to the City. Cc: City Council Staff Liaison .Alissio?v An atti e ive, elean, safe coininunihV Ihoi t'YiZ1cInces the quality q life C77'7dpreserves the 1 ubllie JCllS/ • City Council Agenda Item No. 10e i COUNCIL ITEM MEMORANDUM DATE: February 19, 2010 • TO: Cit y Council FROM: Curt Boganey, City ManagFf SUBJECT: Hennepin County Recovery Zone Facility Bonds Recommendation: It is recommended that the City Council agree to petition Hennepin County to request the County reserve at least $25 million of the $40 million Recovery Zone Bonds for use in the FBI project. Background: The development of the proposed FBI project has been delayed in large part due to the down turn in the economy which resulted in severe retraction in the credit markets. As a result, Barry Company LLC has been engaged in discussions with the Molasky Group of Companies to assume ownership and completion of the FBI project in Brooklyn Center and several other cities. To facilitate the Molasky Company' objective of completing the Brooklyn Center project, they have requested the use of Tax Exempt recovery zone bonds. These are conduit bonds created under the Federal Recovery Act. To be used in Brooklyn Center a recovery zone would have to • be designated, and the County allocation would have to be agreed to by the County and public hearing must be held. It is our understanding that these bonds are being used in very similar manner at new FBI project in Cincinnati Ohio. Jenny Boulton of Kennedy Graven Bond Division has reviewed this request and has confirmed that this form or financing is permissible and that there will be not obligation or risk to the City/EDA if we serve as a conduit for this type of financing. The City has issued conduit bonds in the past for housing and other development projects. I have enclosed an e-mail from Ms. Boulton that further describes the Bond Counsel opinion regarding this issue for your review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: . 1. We will aggressively proceed with implementation of City's redevelopment plans tlissimt:Ensuring an attractiiv,clean,safe community that enhances the quality of lifi:antlpreserves the puhlie trust TheMOLASKY GROUP OF COMPANIES • February 16, 2010 Mr. Curt Boganey City Manager City of Brooklyn Center Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Proposed FBI Project Ladies and Gentlemen: As we discussed in our conference call on Friday, The Molasky Group is respectfully asking the City of Brooklyn Center to engage Hennepin County in a discussion about the assignment of a portion of Hennepin County's recovery zone facility bond allocation to the City of Brooklyn Center for its use in connection with the FBI project in Brooklyn Center(the "Project"). In our conversation on Friday, you mentioned that certain representations had been made to the Brooklyn Center Economic Development Authority (the "Authority") and the City in connection with the execution of the Development Agreement relating to the Project. As we also discussed on Friday, The Molasky Group was not involved in the Project when the Development Agreement was entered into between the Authority and Barry Minneapolis, LLC. Because The Molasky Group was not involved in the Project when the Development Agreement was signed, we now find ourselves in a position of reexamining the Project to determine whether or not The Molasky Group is able to take over and complete the Project. While we are excited about this Project, and we hope that we will be able to bring it to completion for the benefit of the Authority and the City, as well as the FBI, it is an expensive project, and the volatility of the financial and lease markets has made it even more so. That being said, we have a loan commitment from Teachers Insurance and Annuity Association (TIAA) for construction and permanent financing. However, as communicated to Brooklyn Center during a recent meeting, there still exist financial and structural issues that the Molasky Group is seeking to address with the GSA and other stakeholders. We have, however, suggested a way that at least a portion of the financial gap that we have identified in our due diligence can be addressed. A suggested course of action to help fill the financial gap, currently estimated at $5.2 million, is for the City of Brooklyn Center to request that it be allowed to use a minimum of$25 million of Hennepin County's recovery zone facility bond allocation for this Project. Brooklyn Center (or • 100 City Parkway,Suite 1700 Las Vegas,Nevada 89106 office:702.735.0155 fax:702.737.7025 • the Authority, if you prefer) could be a conduit issuer of revenue bonds qualified for tax exempt treatment under the recovery zone facility bond rules. These bonds (or any bonds using Hennepin County's allocation) would have to be issued before January 1, 2011, or the allocation will be lost. If Brooklyn Center makes this request to Hennepin County, and if Hennepin County agrees to assign a portion of its allocation to Brooklyn Center, we believe that we would be in making effective use of the recovery zone position to proceed to a closing of this financing, g rY facility bond allocation fora project t h at is important to Brooklyn Center, the FBI, the GSA and The Molasky Group. Please understand that we are working diligently to solve the issues that we have discovered after being invited into this Project. We are hopeful that we can make this work, and deliver the Project to the City of Brooklyn Center as provided in the Development Agreement, but without additional help, which can be provided through the recovery zone facility bond mechanism, there remain concerns. In fact, while we have suggested a request of at least $25 million of recovery zone facility bond allocation, we want you to understand that, if Hennepin County has not identified any other uses for this allocation, each dollar of allocation in addition to the $25 million would help olve the continuing financial issues that we have identified. p g • With that we respectfully ectfull request that the City of Brooklyn Ce nter or the Authority) engage in conversations with Hennepin County with respect to the possible use of Hennepin County's recovery zone facility bond allocation. We put ourselves at your disposal to help with those conversations in any way that you think is appropriate. Thank you for your continued patience and engagement. We are hopeful that we will be able to work together to bring this Project to a successful conclusion. Very truly yours, Bradley J. Sher cc: Gary Eitel Dan Jordet Jenny Boulton • Curt Boganey From: Boulton, Jenny S. [JBoulton @Kennedy-Graven.com] Sent: Friday, February 19, 2010 11:17 AM • To: Curt Boganey Cc: Gary Eitel; Hansen, Robyn; Bradley Sher Subject: Recovery Zone Facility Bonds Curt, As we discussed, in connection with the use of Recovery Zone Facility Bonds of the new FBI facility in Brooklyn Center, Kennedy & Graven has reviewed the concern we had regarding the tax law prohibition of a federal government guaranty of tax-exempt bonds. We have concluded that based on the information we have at this time we can move forward with requesting that Hennepin County allocate some portion of its Recovery :Zone Facility Bond allocation to the City (or EDA) for this project. Both the City and the EDA would be authorized to issue the bond, however if the EDA is the issuer, the City will need to approve the issuance after a public hearing which can be held by either the City or the EDA. Factors important to our conclusion that this project is eligible for Recovery Zone Facility Bonds are (1) the rental payments under the FBI lease have been determined prior to & independently of the cost of financing this project and (2) the lease term is for 20 years and the proposed financing is for approximately 30 years leaving a 10 year gap when bondholders have no assurance that a federal governmental agency will be making payments for the facility. However, if these factors changed over the course of finalizing the terms of the financing, we may later conclude that tax-exempt financing is not an option. For example, if the underwriter were to conclude that there was no market for a 30 year financinfe with a 20 year lease & that the financing term had to be consistent with the lease term we would probably have a problem. Or if the FBI were to renegotiate the lease payments as a result of the lower cost of financing, we would probably have a problem. Finally, we will ask the underwriter for the financing to conclude that developer's rate of return on the financing is reasonable for this project and not inflated as a result of the tax-exempt financing. I will attend the City Council meeting Monday, February 22 and have asked Robyn Hansen to be there as well. In the meantime, if you have any additional questions, please let me know. Thanks, Jenny Boulton Kennedy & Graven, Chartered I 470 U.S. Bank Plaza I 200 South 6th Street Minneapolis, MN 55402 612-337-9202 jboulton(@kennedy-graven.com • 0:\ERN\ERN09560.LC S 110 i1 "(v) the basis of any property which 2 is part of a qualifying energy 3 project under section 48C.". 4 (2) The table of sections for subpart E of part 5 IV of subchapter A of chapter 1 is amended by in- 6 serting after the item relating to section 48B the fol- 7 lowin g new item: "46C. Qualifying advanced energy project credit.". 8 (d) EFFECTIVE DATE.—The amendments made by 9 this section shall apply to periods after the date of the 10 enactment of this Act, under rules similar to the rules of 11 section 48(m) of the Internal Revenue Code of 1986 (as 12 in effect on the day before the date of the enactment of i i nu Reconciliation Act of 1990 . 13 the Revenue ) 14 Subtitle E—Economic Recovery 15 Tools 16 SEC. 1401. RECOVERY ZONE BONDS. 17 (a) IN GENER.AL.—Subchapter Y of chapter 1 is 18 amended by adding at the end the following new part: 19 "PART III—RECOVERY ZONE BONDS "Sec. 1400U-1. Allocation of recovery zone bonds. "Sec. 1400U-2. Recovery zone economic development bonds. "Sec. 1400U-3. Recovery zone facility bonds. 20 "SEC. 1400U--1.ALLOCATION OF RECOVERY ZONE BONDS. 21 "(a) ALLOCATIONS.— 22 "(1) IN GENERAL.- i 0:\ERN\RRN09560.LC S.L.C. 1 "(A) GENERAL ALLOCATION.—The Sec- • 2 retary shall allocate the national recovery zone 3 economic development bond limitation and the 4 national recovery zone facility bond limitation 5 among the States in the proportion that each 6 such State's 2008 State employment decline 7 bears to the aggregate of the 2008 State em- 8 ployment declines for all of the States. 9 "(B) MI mwm ALLOCATION.--The Sec- 10 retary shall adjust the allocations under sub- 11 paragraph (A) for any calendar year for each 12 State to the extent necessary to ensure that no 13 State receives less than 0.9 percent of the na- 14 tional recovery zone economic development bond 15 limitation and 0.9 percent of the national recov- 16 ery zone facility bond limitation. 17 "(2) 2008 STATE EMPLOYMENT DECLINE.-For 18 purposes of this subsection, the term `2008 State 19 employment decline' means, with respect to any 20 State, the excess (if any) of- 21 "(A) the number of individuals employed 22 in such State determined for December 2007, 23 over 24 "(B) the number of individuals employed 25 in such State determined for December 2008. 0:\ERN\ERN09560.LC S.L.C. 112 • 1 "(3) ALLOCATIONS BY STATES.- 2 "(A) IN GENERAL.-Each State with re- 3 spect to which an allocation is made under 4 paragraph (1) shall reallocate such allocation 5 among the counties and large municipalities in 6 such State in the proportion to each such coun- 7 ty's or municipality's 2008 employment decline the to of the 2008 employment 8 bears to aggregate 9 declines for all the counties and municipalities 10 in such State. A county or municipality may 11 waive any portion of an allocation made under 12 this subparagraph. i 13 < (B) LARGE MLNCIP ALITIES.-For p u r - 14 poses of subparagraph (A), the term large mu- 15 nicipality' means a municipality with a popu- 16 lation of more than 100,000. 17 " C DETERMINATION OF LOCAL EMPLOY- 18 18 MENT DECLINES.—For purposes of this para- 19 graph, the employment decline of any munici- 20 pality or county shall be determined in the 21 same manner as determining the State employ- 22 meat decline under paragraph (2), except that 23 in the case of a municipality any portion of 24 which -is in a county, such portion shall be 0:\ERN\ERN09560.LC S.L.C. 113 1 treated as part of such municipality and not . 2 part of such county. 3 11(4) NATIONAL METATIONS.- 4 "(A.) RECOVERY ZONE ECONOMIC DEVEL- 5 OPMENT BONDS.—There is a national recovery 6 zone economic development bond limitation of 7 $101000,000,000. 8 "(B) RECOVERY ZONE FACILITY BONDS.— 9 There is a national recovery zone facility bond 10 limitation of $15,000,000,000. 11 "(b) RECovERy ZONE.—For purposes of this part, 12 the term `recovery zone' means- 13 "(1) any area designated by the issuer as hav- 14 mg significant poverty, unemployment, rate of home 15 foreclosures, or general distress, 16 11(2) any area designated by the issuer as eco- 17 nomically distressed by reason of the closure or re- 18 alignment of a military installation pursuant to the 19 Defense Base Closure and Realignment Act of 1990, 20 and 21 "(3) any area for which a designation as an em- 22 powerment zone or renewal community is in effect. • 0:\ERN\ERN09560.LC S.L.G. 114 1 "SEC. 1400U--2. RECOVERY ZONE ECONONaC DEVELOPMENT 2 BONDS. 3 "(a) IN GENERAL.—In the case of a recovery zone 4 economic development bond- 5 "(1) such bond shall be treated as a qualified 6 bond for purposes of section 6431, and 7 "(2) subsection (b) of such section shall be ap- 8 plied by substituting `45, erc nt' for `35 percent'. 9 "(b) RECOVERY ZONE ECONOMIC DEVELOPMENT 10 BOND.- 11 "(1) IN GENERAL.—For purposes of this sec- 12 tion, the term `recovery zone economic development 13 bond' means any build America bond (as defined in • 14 section 54AA d issued before January 1, 2011, as ( )) ary 15 part of issue if- 16 "(A)100 percent of the excess of- 17 "(i) the available project proceeds (as 18 defined in section 54A) of such issue, over 19 "(ii) the amounts in a reasonably re- 20 quired reserve (within the meaning of sec- 21 tion 150(a)(3)) with respect to such issue, 22 are to be used for one or more qualified eco- 23 nomic development purposes, and 24 "(B) the issuer designates such bond for 25 purposes of this section. O:\ERN\ERN09560.LC S.L.C. 115 1 11(2) LDMATION ON AMOUNT OF BONDS DES- 2 IGNATED.-The maximum aggregate face amount of 3 bonds which may be designated by any issuer under 4 paragraph (1) shall not exceed the amount of the re- 5 covery zone economic development bond limitation 6 allocated to such issuer under section 1400U-1. 7 c Q U " ALIKED ECONOMIC DEVELOPMENT PUR- 8 PosE.—For purposes of this section, the term `qualified 9 economic development purpose' means expenditures for 10 purposes of promoting development or other economic ac- 11 tivity in a recovery zone, including- 12 "(1) capital expenditures paid or incurred with 13 respect to property located in such zone, • 14 "(2) expenditures for public infrastructure and 15 construction of public facili 'es, and 16 11(3) expenditures for job training and edu- 17 cational programs. 18 "SEC. 1400U-3.RECOVERY ZONE FACILITY BONDS. 19 "(a) IN GENERAL.—For purposes of part IV of sub- 20 chapter B (relating to tax exemption requirements for 21 State and local bonds), the term `exempt facility bond' in- 22 cludes any recovery zone facility bond. 23 "(b) RECOVERY ZONE FACILITY BOND.— • 0:\ERN\ERN09560.LC S.L.C. 116 • 1 "(1) IN GENERAL.—For purposes of this sec- 2 tion, the term `recovery zone facility bond' means 3 any bond issued as part of an issue if- 4 "(A) 95 percent or more of the net pro - 5 ceeds (as defined in section 150(a)(3)) of such 6 issue are to be used for recovery zone property, 7 "(B) such bond is issued before January 1, 8 2011, and 9 "(C) the issuer designates such bond for 10 purposes of this section. 11 11(2) LIMITATION ON AMOUNT OF BONDS DES- 12 IGNATED.—The maximum aggregate face amount of 13 bonds which may be designated by any issuer under • 14 paragraph (1) shall not exceed the amount of recov- 15 ery zone facility bond limitation allocated to such 16 issuer under section 1400U-1. 17 "(c) RECOVERY ZONE PROPERTY.—For purposes of 18 this section- 19 11(1) IN GENERAL.—The term `recovery zone 20 property' means any property to which section 168 21 applies (or would apply but for section 179) if- 22 "(A) such property was constructed, recon- 23 structed, renovated, or acquired by purchase (as 24 defined in section 179(d)(2)) by the taxpayer • 0:\ERN\ERN09560.LC S.L.C. 117 1 after the date on which the designation of the • 2 recovery zone took effect, 3 "(B) the original use of which in the recov- 4 ery zone commences with the taxpayer, and 5 "(C) substantially all of the use of which 6 is in the recovery zone and is in the active con- 7 duct of a qualified business by the taxpayer in 8 such zone. 9 11(2) QUALIFIED BUSINESS.—The term `quali- 10 fled business' means any trade or business except 11 that- 12 "(A) the rental to others of real property 13 located in a recovery e zone shall be treated as a 14 qualified business only if the property is not • 15 residential rental property (as defined in section 16 168(e)(2)), and 17 "(B) such term shall not include any trade 18 or business consisting of the operation of any 19 facility described in section 144(c)(6)(B). 20 "(3) SPECIAL RULES FOR SUBSTANTIAL MN- 21 OVATIONS AND SALE-LEASEBACK.—Rules similar to 22 the rules of subsections (a)(2) and (b) of section 23 1397D shall apply for purposes of this subsection. 24 "(d). NONAPPLICATION OF CERTAIN RULES.—Sec- 25 tions 146 (relating to volume cap) and 147(d) (relating • 0:\ERN\ERN09560.LC S.L.C. 118 • 1 to acquisition of existing property not permitted) shall not 2 apply to any recovery zone facility bond.". 3 (b) CLERSCAL AMENDMENT.—The table of parts for 4 subchapter Y of chapter 1 of such Code is amended by 5 adding at the end the following new item: "PART III. RZWVSBY ZONE BONDS.". 6 (c) EFFECTIVE DATE.—The amendments made by 7 this section shall apply to obligations issued after the date 8 of the enactment of this Act. 9 SEC. 1402.TRIBAL ECONOMIC DEVELOPMENT BONDS. 10 (a) IN GENERAL.—Section 7871 is amended by add- 11 ing at the end the following new subsection: 12 "(f) TRIBAL ECONOMIC DEVELOPMENT BONDS, � • 13 " 1) ALLOCATION OF L=ATION.— 14 "(A) IN GENERAL.—The Secretary shall 15 allocate the national tribal economic develop- 16 ment bond limitation among the Indian tribal 17 governments in such manner as the Secretary, 18 in consultation with the Secretary of the Inte- 19 rior, determines appropriate. 20 "(B) NATIONAL LDIITATION.—There is a 21 national tribal economic development bond limi- 22 tation of $2,000,000,000. 23 "(2) BONDS TREATED AS EXEMPT FROM 24 TAX.—In the case of a tribal economic development 25 bond City Council Agenda Item No. lOf COUNCIL ITEM MEMORANDUM DATE: February 19, 2010 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk "k-6� SUBJECT: Rental Dwelling License Approval for Partial Occupancy at Gateway Commons Recommendation: It is recommended that the City Council consider approval of a rental dwelling license for partial occupancy at Gateway Commons for building addresses at 2916, 2920, 2924, 2928, 2932, 2936, and 2940 Northway Drive. Background: At its February 8, 2010,meeting the City Council adopted Resolution No. 2010-28 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for the Gateway Commons Apartments Located at 2802-2838 and 2900-2940 Northway Drive (see attached). On February 10, 2010, Gary Brummer, owner of Gateway Commons, submitted an application for rental dwelling license, paid the $2,912 license fee for seven buildings located at 2916, 2920, • 2924, 2928, 2932, 2936, and 2940 Northway Drive. Taxes and utilities are current. Building Official Gary Gilpin has been working closely with Gary Brummer inspecting the units and buildings. It is anticipated that compliance orders will be complete and the reinspection will pass on Monday, February 22nd. If the inspection passes, then all license requirements will have been met and the license will be ready for Council action. There was some confusion with the license process and timeframes, so the owner has been notified that in the future for subsequent license approvals all license requirements (license fees paid, utilities and taxes current, financial claims to the City current, and health and safety inspection passed) must be met at least seven calendar days prior to being considered by the City Council; all licenses require City Council approval; and the City Council meets the 2nd and 4th Monday of the month. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods Mission:Fitsuring an attractive,clean,:safe community that enhances the quality of life,and preserves the public trust v Member Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2010-28 • RESOLUTION RECEIVING A REPORT FROM THE CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR THE GATEWAY COMMONS APARTMENTS LOCATED AT 2802-2838 AND 2900- 2940 NORTHWAY DRIVE WHEREAS, the rental license for the apartments at 2802-2838 and 2900-2940 Northway Drive known as Gateway Commons is revoked; and WHEREAS the owner Mr. Gary Brummer has requested that the City Council rescind the revocation for the property and allow for a partial occupancy license; and WHEREAS, the City Council directed the City Manager to meet with the owner to develop a process that would allow for a phased license rental process that would meet the objectives of the City; and WHEREAS,the parties have met and agreed to the conditions outlined in Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that the City Council will review and consider the issuance of a license • for partial occupancy.of the property at 2802-2838 and 2900-2940 Northway Drive known as Gateway Commons, in accordance with the conditions outlined in Exhibit A February 8, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon,the following voted in favor thereof: Tim Willson,Tim Roche,Dan Ryan, and Mark Yelich; and the following voted against the same: none; , whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2010-28 EXHIBIT A • Gateway Commons Partial Property License • The City Council will consider issuing a two year license for partial conditions being met. occupancy subject to all of the following g • The license fee will be prorated based on the fee in effect at the time of occupancy approval • The first approval (Buildings 2940,2928,2924,2936,2932,2920,2916) require the following: o 100% of all vacant units must be completely renovated to approved standards o All interior common areas must meet approved renovation standards i units must meet housing code standards All occupied g • ° p o All exterior areas must meeting housing code standards o All previously approved occupied units that become vacant must be renovated before new buildings are approved • Subsequent approvals (minimum of two buildings at a time ) require the following: • All previously approved occupied units that become vacant must be renovated before new buildings are approved • Same improvement standards as above required AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION February 22, 2010 i Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Random Acts of Kindness—Mayor Willson 2. Garbage Haulers Study—Councilmember Yelich 3. City Bus Transit—Councilmember Roche 4. North Metro Mayor Association JPA Amendment/Central Purchasing Program 5. TIF District No. 2—Use of Tax Increment 6. Utility Conservation Rate—Irrigation Systems PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Shingle Creek/West Mississippi Major Plan Amendment • 2. Sister City Update—Curt 3. 57th and Logan Update 4. Strategic Outcome Reports a. Prosecutor Services 5. Community Schools Update 6. Ordinance Amendments—Farmers Market 7. 2011 Brooklyn Center Celebration Update 8. Crime Free Housing Update 9. Neighborhood Designations 10. Junk and Inoperable Vehicles Update—Back Yard Parking 11. Minn. Stat. 273.128 4d Rental Properties—Annual Report 12. Visit Minneapolis North Update 13. 6101 Beard-6037 Brooklyn Blvd Update—May 14. Local Government Aid Policy 15. Shingle Creek County Study 16. Brookdale Mall Update 17. Joslyn/City Property Remediation Update 18. Prosecutor's Contract 19. Department Year End Reports 20. Community Garden Program 21. Active Living Program 22. RER—Howe Fertilizer Update Work Session Agenda Item No. l i i MEMORANDUM - COUNCIL WORK SESSION DATE: February 18, 2010 • TO: City Council FROM: Mayor Willson through Curt Boganey, City Managelo SUBJECT: Random Acts of Kindness Recommendation: It is recommended that the City Council provide direction regarding future Random Acts of Kindness Events. Background: Following the 2009 Random Acts of Kindness program Mayor Willson asked that we place a discussion item on a worksession. It is my understanding that he wants share his concerns regarding the 2009 program receive Council feedback as well. Budget Issues: There are no budget issues to consider. • Council Goals: Alis,sion:Ensuring an attractive,clean,safe community thud enhances the quality of 411,ant preserves the public trust �'�of Office of the City Clerk BROOKLYN CENTER • MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: February 4, 2010 SUBJECT: Random Acts of Kindness During the 2009 Random Acts of Kindness program, Mayor Willson requested that the program be added to a City Council Work Session agenda for Council discussion. Attached is the nomination form, which includes a brief description of the program, which has been used to nominate individuals or groups/organizations, along with the letter that is mailed to community groups to notify of the event. Attached are copies of the memos and/or minutes from each of the City Council agenda packets for the Random Acts of Kindness program for years 1997 through 2009. Following is a brief summary of the number of nominees for each year. 1997 100+nominations • 1998 25 nominations 1999 18 nominations 2000 11 nominations 2001 35 individuals, 1 elementary school 2002 13 individuals,numerous volunteers at an elementary school 2003 12 individuals 2004 6 individuals 2005 11 individuals 2006 12 individuals, 1 club 2007 8 individuals,4 organizations/groups 2008 30 individuals, 1 elementary school 2009 66 individuals, 2 churches, 2 schools, 8 groups/organizations Please let me know if you need any additional information. Attachments i City of Brooklyn Center Random Acts of Kindness Nomination Form • Nominator Name: Street Address: City,State,Zip Code: Telephone: Nominee Individual OR Organization or Group Individual's Name: Name of Organization or Group: Street Address: Street Address: City,State,Zip Code: City,State,Zip Code: Telephone: Telephone: Brief summary of kind act—a spontaneous,selfless act towards someone or something (use additional sheets if necessary or submit separate letter) • Return Nomination Form BY SEPTEMBER 30, 2010, to: City of Brooklyn Center, Random Acts of Kindness, Office of the Mayor, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Random Acts o f Kindness yt � Since 1997,the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council recognizes all Brooklyn Center residents and groups who have • performed Random Acts of Kindness that help make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by an individual,organization, or group towards someone or something. A kind act is "random" when it is spontaneous'and unexpected—done simply out of the will to extend goodness without expecting anything in return. Anyone can nominate someone who has performed an act of kindness over the past year. You may send a card or letter, or drawings or photographs of people performing kind acts, or use the City's nomination form on the reverse side of this page. All Random Acts of Kindness nominees are recognized by the City Council during an October meeting and presented a certificate. Join us in celebrating kindness in our community. Nominate an individual, organization,or group today! No act of kindness, however small, is ever wasted—Aesop What is a Random Act of Kindness? • Donate books to a daycare or school Most people try to fulfill obligations in life • Tutor a student like doing their fair share of chores and a Be a Safety Patrol and help kids get supporting and comforting their families and to and from school safely friends—but these deeds are expected of us. • Pick up litter(Adopt-A-Street or When we make the extra effort of being kind Park) when we aren't expected or required to and • Collect mittens or socks and give to • surprise someone, including ourselves—this those in need i is a Random Act of Kindness, a good deed • Care for the sick that is truly he embodiment of compassion y • Volunteer in the community and caring. (schools,hospitals, churches, etc.) • Ideas for Random Acts of Kindness Be a good neighbor . plant a tree • Walk a neighbor's dog • Call a lonely person • Donate your time to perform lawn • Open a door services for the elderly or disabled • In the grocery store,let a stranger • Collect soda can tabs for recycling and give the proceeds to the Ronald behind you with only one item go McDonald house first Bake a hot dish for someone who • Make a paper chain with an act of • kindness written on each link just returned from the hospital • Smile at someone who is frowning • Pick up the mail for a senior citizen on your block each day • Feed a stranger's expired parking . Give blood meter • Adopt a homeless pet at the Humane • Donate to a food shelf or clothing Society shelter • Donate time at a senior center • Draw a picture of someone • Pat someone on the back performing a kind act • Photograph someone being kind to • Clean graffiti from neighborhood • walls and buildings Thank our secre boss teacher • Transport someone who can't drive • or friend for the little things they do • Read to a child • September 1,2009 � P Dear Community Member: Since 1997,the City of Brooklyn Center has celebrated Random Acts of Kindness. In October the Brooklyn Center City Council would like to recognize all Brooklyn Center residents and groups who have performed Random Acts of Kindness that help to make our community a wonderful place to live and work. A Random Act of Kindness is a selfless act performed by a person wishing to either assist or cheer up an individual or in some cases an animal. We hope that you will join us in making this a significant celebration for our community. We are asking that you or someone you know send us a card or letter,or use the enclosed nomination form,nominating someone who has performed an act of kindness in the past year. You may also send us drawings or photographs of people performing kind acts. Your nomination will be displayed at City Hall, so feel free to make your nomination colorful and attractive. Nomination forms are also available on the City's website at www.ci ofbrookl eenter.or where you will find last ear's nominees and photos. � �� Y Y • Random Acts of Kindness nominees will be formally recognized by the City Council during its October 26, 2009, meeting. All nominees will receive recognition by the City Council in the form of a commendation. By separate card,please be sure that we receive the name and address of your nominee so that we can be certain that the City Council's commendation will be received by your nominee. You and your nominee are invited to attend the City Council recognition on October 26 at City Hall, 7 p.m. A letter will be mailed to you and your nominee prior to the meeting to confirm the date and time of the recognition. We look forward to hearing from you. Join us in celebrating kindness in our community! Sincerely, Tim Willson,Mayor Kay Lasman, Council Member Tim Roche, Council Member Dan Ryan, Council Member Mark Yelich, Council Member Enclosure i COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager • FROM: Sharon Knutso n, City Ci Clerk DATE: October 20, 2009 SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Recommendation: It is recommended that the City Council Members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background: Since 1997 the Ci ty of Brooklyn Center has celebrated Ran dom Acts o f Kindness during the month of October. An article seeking nominations, along with a nomination form, was printed in the fall 2009 edition of the City resident newsletter, City Watch. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form were available on the City's web site. This year 66 individuals,two churches,two schools, and eight business and organizations were nominated to receive recognition for their Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the nominees who were identified(and carbon copied to the e nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 26, 2009, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meetin g The certificates will be mailed to those nominees who are unable to attend the meeting. Budget Issues: There are no budget issues to consider. — Kindness Presentation Memo to Curt Bo ane Random Acts of Council Item g Y • .Page 2 October 20, 2009 Laurie Rondestvedt Special Events Committee Margaret Sandberg and Sue LaCrosse Alfred Johnson S ecial Events Committee Officer James Destiche Karen Bolstad Cub Foods Em loyees Bob and Shirley Schon Pamela Treichel(Baker) Tom and Mary McCutchan Susan Shogren Smith Diane Sannes Councilmember Tim Roche Allan Hancock Paul Kellum Allan Hancock Janelle Meyers Sue Low Sharon Kephart Brett Hildreth Paul Engleman—The UPS Store Lee Cox—Fast Sips Bob Becker Mike Mahigan • Brooklyn Center Liquor Store Staff Diane Sannes Ashlee Kephart Diane Sannes Paome Yang Diane Sannes Rick Petersburg—Brookdale Mall Bernice and Harry Roberts Diane Sannes Dee Johnson Donna Jarl Kathy Braun—Earle Brown Elementary Randy Koch—Earle Brown Elementary Cross of Glory Church Brooklyn United Methodist Church Linda Hanks—Community Corner Diane Sannes Christina Bloomquist—Community Comer Keith Lester—Brooklyn Center ISD 286 Michelle Trelstad—Brooklyn Center ISD 286 Michelle Mandell—Brooklyn Center High School Allan Hancock Barb Jensen Diane Sannes Panera—Noah Hager and Staff Diane Sannes I • Council Item Memo to Curt Boganey—Random Acts of Kindness Presentation Page 3 • October 20, 2009 Tree Trust Program Staff and Participants Diane Sannes Allen Property Services Karen Youngberg—Brooklyn Center Business Association(BCBA) Frank Lan —Earle Brown Terrace Young Bebus—Earle Brown Terrace Diane Sannes Jesse Gully—The Crossings at Brookwood Bill Dirnberger—Horseless Carriage Club Leah Wellnitz—Embassy Suites Linda Ericksson—Brooklyn Historical Society Checkers—Wendy Reno and staff Diane Sannes Roxanne Reynolds Diane Sannes Anthony White Winston B. Tucker Diane Sannes Teddy Dassin Ibrahim Kaba Teeran Paye Webster Jah Thomas Freeman, Jr. Eddy Ledlaw . Sampson Jeerow Bobbie Fern Diane Sannes Brooklyn Center Lions Diane Sannes Mr. Cleanhouse—Myron Green Dana Anderson—Cub Foods Betty Muellner Diane Sannes Jill Dalton and the Curves gals Nathan and Laura Jamie Bradley—CEAP Diane Sannes Shane Mason Diane Sannes Mike Davis—Pepboys Auto Anonymous John Lo—Pepboys Auto Evergreen Elementary School Councilmember Tim Roche Odyssey Academy Councilmember Tim Roche Myrna Kauth Councilmember Tim Roche Julie Ha Truong Northwest Hennepin Human Services Council Lonnie and Joanne Eckenrode Councilmember Tim Roche Nancy,Ava, and Joseph Roche Councilmember Tim Roche • COUNCIL ITEM MEMORANDUM • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: October 20, 2008 SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony. Recommendation: It is recommended that the City Council Members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations, along with a nomination form,was printed in the Fall 2008 edition of the City resident newsletter, City Watch. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form were available on the City's web site. This year thirty individuals and one elementary school were nominated to receive recognition for their Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the • nominees who were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 27, 2008,at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Budget Issues: There are no budget issues to consider. Council Item Memo to Curt Boganey Page 2 October 20, 2008 . Nbmina#ed B Lee and Polly En h Crystal Ho ancam Edna and George Gunderson Jeff and Julie Basche Rich Hadokowitz John Russell John Noreen Ruth Bona Palmer Lake Elementary School Staff Tommy Watson Don Schriefels M Yrna.Kragness Kauth Jan Tieden Linda Martin Tom Trombley Gail and Jim Ebert Gary and Mavis Kuensting Steve and Tricia Scarlato Larry Saas Steve and Tricia Scarlato Kari and Chad Tolifson Steve and Tricia Scarlato Mike Masica, Post Office Diane Sannes Paul Andersen,Post Office Don De a, Cub Foods Diane Sannes Tim Roche Darrel Nelson Diane Sannes Sue Rice Diane Sannes • Pat Snodgrass Diane Sannes Brenda Malone Darryl Sannes Carolyn Livingston,Barnes&Noble Ann Gallagher, Channel 12 Caren Staples,Health Partners Diane Sannes Mark Allen,Allen Property Services Diane Sannes Pastor Marilyn Evans,Brooklyn United Diane Sannes Methodist Church Wendy Erlien, Sun-Post Editor Diane Sannes Jim Liston, Culvers Diane Sannes COUNCIL ITEM MEMORANDUM TO: Curt Boganey,City Manager FROM: Sharon Knutson,City Clerk DATE: October 15,2007 SUBJECT: Random Acts of Kindness Presentation of Recognition and Certificate Ceremony Recommendation: I recommend that the City Council Members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the recognition certificate to the nominee. Background: Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations,along with a nomination form,was printed in the Fall 2007 edition of the City resident newsletter, City Watch. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form were available on the City's web site. This year eight individuals and four organizations/groups were nominated to receive recognition for their Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the nominees that were identified(and carbon copied to the nominator)inviting them to participate . in the Random Acts of Kindness recognition at the City Council meeting to be held October 22, 2007, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Tim M 0 Barbara J. Smith City of Brooklyn Center En eerie a Division Diane Sannes Riverwood Neighborhood Diane Sannes Starbucks Coffee Company Diane Sannes Speedway Su erAmerica Diane Sannes Rev. Gerald Peterson John W.Foster Joyce Gulseth Sue Fo ggal Clement Wri t Kathleen Carmody Darrell Maloney Peg Ackerman Sue Low Brooklyn Center Business Association Bob Walz Nancy Rademacher Patricia K.Williams Januari6 and Melvin Ryan Budget Issues: There are no budget issues to consider. • r"°` Office of the City Clerk KLYN TER MEMORANDUM TO: Curt Boganey,City Manager FROM: Sharon Knutson, City Clerk DATE: October- 18, 2006 SUBJECT: Random Acts of Kindness Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations, along with a nomination form, was printed in the Fall 2006 edition of the City resident newsletter, Cily Watch. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form were available on the City's web site. This year 12 people and one club were nomina ted to receive recognition for their Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the nominees that were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 23, 2006, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting.. Lw .. ,'�,9 xr�axxx r Gene Hageman and George Shimshock Famil Kay Lasman Jo Sanford Ka Lasman Kermit and Maril Klefsaas Linda Eriksson Arthur Lenius D. L. Hedman Laura Rupp Jim Ross Pastor Peter Preus John Foster Diane Sannes and Sue Tegg Jim Glasoe Mary Slette Jane West Camille Worley Mayor Myma Kragness Brooklyn Center High School Latino Club Aldo Cantellano Attachments �I • Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk A DATE: October 20, 2005 SUBJECT: Random Acts of Kindness Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations, along with a nomination form, was printed in the Fall 2005 edition of the City resident newsletter, City Watch. Random Acts of Kindness nomination forms were made available at the customer service counters at the Community Center and City Hall, and a letter was sent out to community organizations. Information about Random Acts of Kindness and a nomination form were available on the City's web site. This year 11 people were nominated to receive recognition for their Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the nominees that were identified (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 24, 2005, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the • recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. a : - 0"','X 511-11.1-11.0 k .. 4 5r x,�.`.",✓s'Sx'e...... .:.. x..k',tg' 5... xxgcti .x x'� X ' Anonymous Debbie Bonnes Boyce Bible Anne Taylor Blain Byrd Ken and Bonnie Lukes Tom Corwin Ken and Bonnie Lukes Gail and Keith Danielson Karen Bolstad Terry Gunderson Kay Lasman Doris Johnson Kathleen Carmody . Janice Jungwirth Sue LaCrosse Luis Perez Ortiz Fred and DeAnna Larson Bill Varhol Ken and Bonnie Lukes Attachments • 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 Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City M er FROM: Sharon Knutson, City Clerk DATE: October 20, 2004 SUBJECT: Random Acts of Kindness Since 1997 the City of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations, along with a nomination form, was printed in the Fall 2004 edition of the City resident newsletter, City Watch. Random Acts of Kindness nomination forms were 1 made available at the customer service counters at the Community C enter and City Hall, and a letter was Information about Random Acts o sent out to community organizations. f Kindness and a nomination g form were available on the City's web site. This year 6 people were nominated to receive recognition for their Random Acts of Kindness. Attached are copies of the nominations. A letter was sent to the nominees (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 25, 2004, at 7 p.m. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. D� y x ;- Qw G i. Sander Anderson Lutheran Church of the Master Pastors Joe and Judy Fornara Liz Beatty Spiritual Life Church Brown College Eric Stokes Anne Taylor Rich and Sharon Van Denbos Antoinette Johns Independent School District 286 Attachments I 6301 Shingle Creek Parkway Recreation and Community Center Phone& TDD NumAW 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 Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley,City M ger FROM: Sharon Knutson, City Clerk DATE: October 22,2003 , SUBJECT: Random Acts of Kindness Since 1997,the City of Brooklyn Center has conducted the Random Acts of Kindness celebration during Cities Week, Sunday, October 5, through Saturday, October 11, 2003. An article seeking nominations, along with a nomination form, was printed in the September/October 2003 edition of the City resident newsletter, City Watch. Random Acts of Kindness nomination forms were made available at the Information about Random Acts o at Community enter and City Hall. Info .f customer service counters the Comm tY Kindness and a nomination form were available on the City's web site. Brooklyn Peacemaker Center, Inc. included the article in their September publication, Brooklyn Peace Bridge. This year 12 people were nominated to receive recognition for their Random Acts of Kindness, with one person receiving 3 nominations. Attached are copies of the nominations. A letter was sent to the nominees (and carbon Random Acts o Kindness recognition at the copied t the nominator inviting them to participate in the Rand f Sm P o ) g P P City Council meeting to be held October 27th. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. ....E _ .x.E Elizabeth Muellner Joyce Gulseth Ginny Steffes Jo ce Gulseth Angela Frank(3 nominations) Katrina Thomas Kira Thomas John Napp Gail Graiewski-Moore Katrina Thomas Troy Thompson Lorraine Buckho Lynn Sandoval Linda Olson Richard Sandoval Amanda Dobbs Linda Hanka Alicia Loos David and Rita Loos Denny Simpson Kay and Len Lasman Jean Johnson John and Mary Ann Craig Marvin Johnson Attachments 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 Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM • TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: October 23,2002 SUBJECT: Random Acts of Kindness Since 1997,the City of Brooklyn Center has conducted the Random Acts of Kindness celebration during Cities Week, Sunday, October 6,through Saturday, October 12,2002. An article seeking nominations, along with a nomination form,was printed in the September/October 2002 edition of the City resident newsletter, City Watch. Community organizations, schools, and churches were sent a letter inviting nominations, along with a nomination form. This year the City received nine nominations,of which 13 people were included and numerous volunteers at an elementary school. A letter was sent to the nominees(and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 28th. A copy of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. • Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Numb Brooklyn Center,MN 55430-2199 (763)569-3400 City Hall & TDD Number(763) 569-3300 FAX(763) 569-3434 FAX(763) 569-3494 Office of the City Clerk MTCity of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J.McCauley, City Manager FROM: Sharon Knutson,City Clerk jWW DATE: October 18,2001 _ SUBJECT: Random Acts of Kindness Since 1997,the City of Brooklyn Center has conducted the Random Acts of Kindness celebration during Cities Weep Sunday, October 7,through Saturday, October 13,2001. This year the City received nine nominations,of which 35 people were included and one entire elementary school). A letter was sent to the nominees inviting them to participate in the Random Acts of Kindness recognition at the City Council meeting to be held October 22nd. A sample of the letter sent on behalf of the City Council is attached. Those persons attending the recognition will receive their certificates at the meeting. The certificates will be mailed to those nominees who are unable to attend the meeting. Attachments • 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 October 16,2000 MEMO TO: Michael J.McCauley,City Manager FROM: ._.. Jane A. Chambers,Assistant City Manager SUBJECT: Random Acts of Kindness Nominations for Year 2000 Attached,please find a summary of the eleven nominations for Random Acts of Kindness recognition for the Year 2000. Three of the nominations involve more than one person's recognition for actions as a group or in cooperation with others. All of the nominees have received a letter requesting their presence at the October 23,2000 Council Meeting. A sample of the letter sent on behalf of the City Council is also attached. Those attending will receive their awards that evening,the others will be mailed to the nominee the following day. • • October 12,2000 • Summary of Random Acts of Kindness Year 2000 Nominations 1. Juanita Berthelson: Helped her neighbor care for the neighbor's terminally ill mother,providing meals and errands,and also has been a friend to her neighbor after the mother's death. 2. Willow Lane Elementary Safety Patrols-Six Safety Patrols helping at BC High School parking lot from 6:30 to 9 am during opening weeks of school. Captains of Patrol: Stefan Egnell, Stephanie Troup, Sarah Littlefield,Brittany Rawson, and Patrols: Jennifer Troup and Jayme Budde. 3. Lucy Harbinson: Evergreen Park Elementary School volunteer. 4. Lillian Rood:Volunteer at Hennepin County Medical Center for over 30 years. 5. Jeff Basche:Volunteer for Riverwood Neighborhood projects,including highway clean-up,yard work for neighbors,and volunteering at local school. 6. Lisa Schumacher. Teen Volunteer at Hennepin County Medical Center for 3 . years. 7. Gail Lundquist:Volunteer at Courage Center's Handi-Hams radio program,and in development activities. 8. Rita Ascher.Provided refuge for a young woman in need,volunteers for several community groups including CEAP, gardening projects,American Legion,and church activities. 9. Alice Purdham: Church volunteer holding many different duties. 10. Members of the Family Council Steering Committee of the Maranatha Care welfare and happiness of all residents in rove the heal PP Center. Helping to improve health,P g P the home,Vicki Mattiuz,Nancy Madden,Carolea Nord,Karen Tirrell,and Peg Snesrud 11. Jessica Miller,Dave Anderson,Gertie Anderson: A young woman came to the customer service desk at City Hall with a duckling that needed a home and one was found through Dave Anderson and his wife Gertie. • RESOLUTION NO. 2000-172 e ber Hilstrom introduced the following resolution and moved its adoption: • Councilor m g RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $735,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2000A The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. RANDOM ACTS OF KINDNESS Mayor Kragness and Council Members distributed certificates to persons who were present and nominated for a random act of kindness. The following list is of persons who were nominated for a random act of kindness: Rita Ascher Jeff Basche Stefani Egnell Stephanie Troup Sarah Littlefield Brittany Rawson Jennifer Troup Jayme Budde Lisa Schumacher Lillian Rood Jessica Miller Dave Anderson Gertie Anderson Lucy Harbinson • Vicki Mattiuz Karen Tirrell Nancy Madden Peg Snesrud Carolea Nord Gail Lundquist Alice Purdham Juanita Berthelson Those persons who were nominated and not present will receive their certificates by mail. 8. PUBLIC HEARING 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDING SETBACKS ALONG MAJOR THOROUGHFARES City Manager Michael McCauley discussed this ordinance amendment would modify building setbacks for commercial buildings located along major thoroughfares in the City consistent with the studies for Brooklyn Boulevard and requested the Council open the public hearing for public input. 10/23/00 -4- • 1999 Random Acts of Kindness_ . Nominations: Jean Schiebel Volunteer in Brooklyn Center Community many years Gloria Bedbury Volunteer in START(Student and Tutor Are Reading Together) Program,Robbinsdale Area Schools Carol Weber Volunteer m Adult Acadenuc Program Robbinsdale Area Schools Doris Patterson Volunteer in Title I reading program Robbinsdale Area Schools Norma Kinghorn Volunteer tutor in Robbinsdale Area Schools since 1989 Ray Zirkle Retired engineer devoting time to students Don Buckingham Former engineer,mentors students Len Lasman Helped a neighbor who had been locked out of her home Unknown Bus Driver Assisted bus rider who was waiting in the cold Brooklyn Center . Firefighters For aide and assistance in house fire,thoughtfulness to Victims Doug Curtis Brooklyn Center Cares Project volunteer Gary Curtis Brooklyn Center Cares Project volunteer Nancy Curtis Brooklyn Center Cares Project volunteer �I Tessa Curtis Brooklyn Center Cares Project volunteer Gary Ellis Brooklyn Center Cares Project volunteer Daryl Hansen Brooklyn center Cares Project volunteer Brooklyn Center Lions Club Providing patio furniture for elderly resident, Sponsoring Challenger Baseball program for handicapped children Building a wheel-chair ramp at home of Brooklyn Center resident Providing eye exams and glasses for low-income Brooklyn Center residents Karen Youngberg Active community member volunteering at Brooklyn Center Family Resource Center,on Community Education Advisor Council,and Active member of B.C.Rotary. • November 19, 1999, and an application for exempt permit to conduct bingo submitted by Evergreen Park Elementary School for an event to be held January 21, 2000. Motion passed • unanimously. 6d. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL-BROOKLYN CENTER POLICE STATION RESOLUTION NO. 99:170 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - BROOKLYN CENTER POLICE STATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL- FIRE STATION WEST RESOLUTION 40. 99-171 Councilmember Nelson introduced the following resolution and moved its adoption: • RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT APPROVAL - FIRE STATION WEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7a. RANDOM ACTS OF KINDNESS Mayor Kragness requested to have each nomination letter read. Council Members took turns reading each nomination and Mayor Kragness and Councilmember Peppe then handed out the certificates. Mayor Kragness thanked all for their random acts of kindness. Following is a list of the persons nominated: Jean Schiebel Volunteer in Brooklyn Center Community many years Gloria Bedbury Volunteer in START(Student and Tutor Are Reading Together) Program in Robbinsdale area schools 11/08/99 -4- • Carol Weber Volunteer in Adult Academic Program in Robbinsdale area schools • Doris Patterson Volunteer in Title I Reading Program in Robbinsdale area schools Norma Kinghorn Volunteer tutor in Robbinsdale area schools since 1989 Ray Zirkle Retired engineer devoting time to students Don Buckingham Former engineer mentors students Len Lasman Helped a neighbor who had been locked out of her home Unknown Bus Driver Assisted bus rider who was waiting in the cold Brooklyn Center ce in house Firefighters For aide and assistan fire,thoughtfulness to victims Doug Curtis Brooklyn Center Cares Project volunteer Gary Curtis Brooklyn Center Cares Project volunteer Nancy Curtis Brooklyn Center Cares Project volunteer Tessa Curtis Brooklyn Center Cares Project volunteer • Gary Ellis Brooklyn Center Cares Project volunteer Daryl Hansen Brooklyn Center Cares Project volunteer Brooklyn Center Lions Club Providing patio furniture for elderly resident, sponsoring Challenger Baseball Program for handicapped children, building a wheel-chair ramp at home of Brooklyn Center resident, providing eye exams and glasses for low-income Brooklyn Center residents Karen Youngberg Active community member volunteering at Brooklyn Center Family Resource Center, serves on Community Education Advisor Council,and active member of Brooklyn Center Rotary 7b. COUNCILMEMBER NELSON: DISCUSSION REGARDING BUDGET REDUCTIONS IN ROBBINSDALE AREA SCHOOLS City Manager Michael McCauley requested to defer this item until later in the meeting since there was no representative from District 281 present at that time. 11/08/99 -5- City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: October 7, 1998 SUBJECT: Presentation: Random Acts of Kindness Mayor Kragness will present certificates to those persons nominated for Random Acts of Kindness. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 • City Hall & TDD Number (612) 569-3300 Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX(612) 569-3494 An Affirmative Action/Equal Opportunities Employer 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 7:00 p.m. 4, ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Detective Steve Karris, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Lasman reported her attendance at the Crime Prevention meeting on September 16, 1998. The Crime Prevention summer youth program rendered 950 services to children in Brooklyn Center; there are 147 Neighborhood Watch Groups; and the Crime Prevention raised $2,000 from its golf tournament. 6. PRESENTATIONS 6a. CHARTER COMMISSION-RECOGNITION OF TED WILLARD • Carl Wolter, Charter Commission Chair, and Mayor Kragness presented a recognition plaque to Ted Willard for his service on the Charter Commission from June 20, 1990, to December 1, 1997. 6b. RANDOM ACTS OF KINDNESS Councilmember Lasman explained that this is the second year of Brooklyn Center's participation in Random Acts of Kindness. Brooklyn Center residents nominate and spotlight those people who during their everyday life do acts of kindness for others. There were 25 recipients of certificates acknowledging random acts of kindness. Council Members presented certificates to the following people: -Brooklyn Center High School Student Council -Don Buckingham -Pat Milton, on behalf of Peacemakers, Healthy Communities, and Healthy Youth -Bill and Marjorie Larson -Don Rosen -Brooklyn Center Lions, c%Bob Becker -Myrna Kragness 10/13/98 -2- The following people were nominated and their certificates will be mailed: -Brooklyn Center School District Parents and Children •Gary Stevenson -Brian Walker ,Jane McGowan -Nadine Floyd -Ray Frey -Norma Kinghorn -Ray Zirkle -Anne Vik -Carol Weber -Doris Patterson -Brooklyn Center Charitable Foundation c%Phil Cohen [Clerk's note: Random Acts of Kindness continues after Item No. 8a.] 7. APPROVAL OF AGENDA AND CONSENT AGENDA City Manager McCauley requested that Agenda Item No. 7a, Approval of Minutes, be removed from the Consen t Agenda and placed as Item No. 9e under Council Consideration Items. A g motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the agenda and consent agenda as amended passed unanimously. 7a. APPROVAL OF MINUTES This item was removed from the Consent Agenda and placed as Item No. 9e under Council • Consideration Items. 7b. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the following list of licenses passed unanimously. AMUSEMENT DEVICES - OPERATOR Toys R US 5425 Xerxes Avenue North MECHANICAL SYSTEMS Countryside Heating and Cooling Systems, Inc. 6511 Highway 12,Maple Plain TNC Industries, Inc. 2405 Annapolis Lane N, Plymouth RENTAL DWELLINGS Renewal: Duane Christiansen 5400 Sailor Lane Eugene Hess 3218 63rd Avenue North Modell Investments 3713 47th Avenue North 10/13/98 -3- • • good quality, people can look Detective Karns explained that a photocopy of a picture ID is not g q y, p p very different, and the picture ID could be stolen which would provide no photograph of the seller at all if the items were stolen. A photographic record serves a dual purpose to protect the business in a robbery as well as assist the Police Department. City Manager McCauley said this ordinance amendment has been an effort of many months of review and study by attorneys and the Police Department. The new language would reduce the amount of recordkeeping for transactions under$15 but not provide a blanket exemption. Donna Zieska, 5455 Brooklyn Boulevard, addressed the Council. She would should see th proposed language kept as is. She said theft is a problem and the seller identification for transactions of any dollar amount. Councilmember Hilstrom inquired if the ordinance amendment included any changes to the regulations of pawnshops. City Manager McCauley responded that only technical changes were made. A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. A motion by Councilmember Peppe and seconded by Councilmember beer Ordinances,Carmody elating to the t • ordinance amending Chapter 23 of the Brooklyn Center Code regulation of pawnbrokers and secondhand goods dealers with the following amendments passed unanimously. Amendments were added to Section 23-666, letter j,third line,"...any transaction required to be reported under Section 23-667, ... and the transaction r-eeeipt record." Section 23-667,third line, " ...video recordings or transactions under$15)." RANDOM ACTS OF KINDNESS (CONTINUED) Mayor Kragness announced that two nominees were present in the audience and had been missed during the presentation for Random Acts of Kindness. The two recipients of the Random Acts of Kindness certificate were: -Earle Brown Days clo Henry Dorff -Discover the Center clo Karen Youngberg 9. COUNCIL CONSIDERATION ITEMS 9a. MAYORAL APPOINTMENT TO FINANCIAL COMMISSION Mayor Kragness requested ratification from Council Members of her nomination of Gavin • 10/13/98 -7- x U City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael 1. McCauley,City Mana er FROM: Sharon Knutson, City Clerk DATE: October 9, 1997 SUBJECT: Presentation: Random Acts of Kindness I. Mayor Kragness will briefly describe the Random Acts of Kindness. II. Mayor Kragness will read the names of the recipients of Random Acts of Kindness certificates of appreciation. III. Mayor Kragness will ask those present in the audience whose names were called to please stand, applause. IV. Mayor Kragness will announce that those present will receive the certificates immediately following the meeting;for those not present or those who cannot stay until the meeting is over,the certificates will be mailed. 6301 Shingle Creek Pkwy, Brooklyn Center, .WN 55430-2199 - City Hall & TD Number(612) 569-3300 • Recreation and Community Center Phone & TDD Number(612) 569-3400 -FAX(612) 569-3494 An Affirmative Action/Equal Opportunities Employer • LICENSES Mechanical Systems Affordable Heating and A/C,Inc. 1069 McKee Street,Eagan Erickson Plumbing,Heating&Cooling 9212 Isanti Street NE,Blaine Fisher-Bjork Sheetmetal Company, Inc. 1441 Iglehart Avenue, St. Paul Midland Heating 6442 Penn Avenue South, Richfield Rental Dwellings Initial: Manuel T. Woods 819-215 5th Avenue North Renewal: Midwest Management Basswood Apartments George Lucht 5105 Brooklyn Boulevard David Wagtskj old 6845 Willow Lane Sign Hanger Schad-Tracy Signs, Inc. 1610 East Cliff Road, Burnsville Tobacco Related Products Tobacco Leaf 6300-B Brooklyn Boulevard • U. S. Tobacco, Inc. 6914 Brooklyn Boulevard PRESENTATION Mayor Kragness asked Councilmember Lasman to describe the Random Acts of Kindness Program. Councilmember Lasman described the Random Acts of Kindness Program. As part of the Cities Week celebration this year, Brooklyn Center citizens or those individuals working in Brooklyn Center were nominated for recognition of random acts of kindness. All nominations were acknowledged and on display at Brookdale Shopping Center during Cities Week, October 5-11, 1997. Councilmember Lasman thanked all who participated in recognizing kind acts done by others and applauded the nominees. Several examples of the 100+nominations were read. Nominees were given certificates of appreciation. They included: Betty Bailey, Larry Beumer, Jerry Blarney, Don Buckingham, Tony & Page Cardinal, Carol Eggen, Fred Erickson, Allan Farmes, Mike &Vi Fogel, Ray Frey, Shari Gary, Kathy Gerasch, Jackie Graham, Linda Hadden, Linda Hanka, Jud Haynie, Conly Hill, Marlene Huber, Darlene & Ernie Johnson, Norma Kinghorn, Tom Kouri, Jerry Labate, Terry Lenz, Sue Anne Lindquist, Carole,Lonkey, Shelley Lutzke, Marcie Marquardt, John Marszlek, Donald Merritt, Julie Messenbrink, Bruce & Fran Morrow, Betty Muellner, Joyce Nelson, Doris Patterson, Mark Ramm, Alice Ranua, Terry Rawson,Bob Richardson,Vera Roberts,Paul&Rita Rodgers,Ron Rosenow,Delores Schleusner, • 10/14/97 —4— i Fred Schmidt, Tom Shinnick, Shirley Simpson, Carl Stadler, Carol Stauber, James Stumpfa, Charles Stutz Jim Tade, Les Thurs, Peg & Bill Trebesch, Carol Weber, John & Sylvia Winkelman, and Ray Zirkle. The following school patrol members were recognized with certificates of appreciation: Jacob Alstrup, Jenny Anderson, Michelle Ayers, S arah Beranek Am B dlon, Jeremy B dlo n , Tosin Cole, Lindsey Cope, Rachell Gaulke, Becky Gengler, Jana Goodwin,Nate Graen, Stacy Hansen, Faye Haywood, Susie Haywood, Danny Heinzmann, Tabin Hinck, Lori Irwin, Jocelyn Kortan, Tony Krueger, Justin Lundin, Maria Nguyeneong, Calen Nimmer, Jenny Ojiaku, Obinna Ojiaku, Vanessa Ortis,Renee Peterson,Ashley Phaneauf,Caitlin Rasmussen;Alison Rice,Emily Robeck, Keisha Robinson, Tiphane Rood, Marie Salland, Katie Schaaf, Stephanie Schroeder, Kristina v' Ka 1 Schunk Pam Sellber Aleksandra Simono ich, y yn Stanislawski,Brittany Storie,Brad Stock, g� Jessica Tillman, Cassy Williams, and Tiffany Wirth. The following City employees were recognized with certificates of appreciation: Dave Anderson, Lyle Anderson,John Bentzen,Dave Fisher, Ole Nelson, and Dave Peterson. The Council took a break at 7:18 P.m. to hand out certificates of appreciation to attendees. The Council resumed the meeting at 7:29 p.m. PUBLIC HEARING AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY ORDINANCES REGARDING THE ADMINISTRATIVE CODE • This item was first read on September 22, 1997, published in the official newspaper, and was offered this evening for a second reading and public hearing. City Manager McCauley explained that this ordinance amendment would enact changes in the department structure of the City's organization. The proposal would organize recreation, buildings and maintenance, and the golf course into one department, separate from the Public Services department in which these activities now take place. In order to proceed with finalizing the re-organization plan and recruitment of a department head for the new department,revision of the City's Administrative Code, Chapter 6,was necessary. A motion was made by Councilmember Carmody to open the public hearing. The motion was seconded by Councilmember Hilstrom and passed unanimously. No public input was offered. A motion was made by Councilmember Carmody to close the public hearing. The motion was seconded by Councilmember Lasman and passed unanimously. ORDINANCE NO. 97-14 10/14/97 —5— • Edition 107 AugustlSeptember 1997 Wakh • • A newsletter f esidents of the City of Brooklyn Center Bond referendum to be held Nov. 4 a on police and fire building needs Pursuant to the Brooklyn Center City Council's direction to proceed with the development of a proposal for voter consideration on Nov.4, planning continues on space needs for ° e the fire and police departments. The P p . ale �L 1989 space needs study has been e �el�xatic updated by an architectural firm with significant experience in the construction of police buildings. This -RMM x. ° update of the 1989 study focused on IF current and future needs for police • c�kn te o erations n a freestanding buildin g isglay aBoo�edalho The plans and designs developed in tented ct 1996 for fire department building MM tie itK �w renovation and new construction have More information with details on Knee p � � been updated and refined for current the Nov.4 bond referendum will be costs and options. forthcoming very soon. s c'. Community Development announces a e x season of grand openings _ -The long awaited Rainbow Foods under construction. e a , grand opening is planned for Aug.22. -The 84-unit,four-storyAmericlnn, Hollywood Video,which is located on located at the northwest.comer of the same site,has already opened for Freeway Blvd. and Shingle Creek 4 business. The Walgreen's store will Pkwy.,is being built and should be also open in August completed and open in the next few •Brookdale Mitsubishi,constricted on months. Shingle Creek Hospitality, .� the old Red Lobster/CEAP site, L.L.P.,which owns the Americlnn, M opened in August. is in the process of establishing a -Work on the Cross of Glory separate parcel of land at that fellowship hall and other location and is looking for a • �` CA � � �: improvements is near completion,and restaurant to locate there. r' the fellowship hall at St.Alphonsus is i Council consensus was to conduct this evaluation at 6 p.m.,Monday, September 22, 1997. • RANDOM ACTS OF KINDNESS/CITIES WEEK Council consensus was to adopt the suggested Plan for City Recognition of Random Acts of Kindness, as prepared by Assistant City Manager Jane Chambers. The plan will be implemented during Cities Week, October 5-11, 1997. Councilmember Lasman also suggested displaying the entries on a "kindness tree" kiosk at Brookdale. COUNCILMEMBER LASMAN: RESPONSE TO BCTA LETTER ON BOND REFERENDUM City Manager McCauley's draft letter in response to the BCTA was discussed. Several clarifications were suggested. Council consensus was that the letter will be sent by the City Manager. COUNCILMEMBER CARM ODY: ATTENDANCE AT COMMISSION MEETINGS Councilmember Carmody noted the ongoing attendance problem with the Human Rights and Resources Commission that resulted in failure to have a quorum at the meetings. After discussion, it was agreed that each council liaison should meet with his/her respective commission chairperson soon to discuss the following: communication, attendance, participation, Council directives, etc. This issue will be discussed again in October to re-examine goals or any changes necessary. COL NCILMEM 3ER HILSTROM: UPCOMING BOND REFERENDUM Councilmember Hilstrom asked abut upcoming preparations for getting bond referendum information to the public. Mr. McCauley gave an update and suggested November 4, 1997, as the special election date. STAFF ITEMS PRESENTATION OF CONCEPT FOR RE-ORGANIZATION OF RECREATION DEPARTMENT City Manager McCauley presented the concept of re-organization of the recreation f a sixth department, which would include buildings/grounds and the department ent to be art o , p part golf course. This would allow for more of a focus on cost benefits, program evaluation, I 8/7/97 —2— MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL . OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HE NNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 25, 1997 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in a work session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley and Council Secretary LeAnn Larson. Councilmember Debra Hilstrom arrived at 7:10 p.m. COUNCIL ITEMS • DAY COUNCILMEMBER LAS q: RANDOM ACTS OF KINDNESS Councilmember Lasman expressed her interest in promoting a "Random Acts of Kindness Day" in Brooklyn Center. Several possibilities were discussed, along with possible involvement with other organizations and/or commissions. Councilmember Debra Hilstrom arrived at 7:10 p.m. City Manager McCauley will contact several other cities and the League of MN Cities for suggestions. This event may be held in conjunction with Cities Week later this year. COUNCILMEMBER CARMODY• DISCUSS HAVING QUARTERLY REPORTS ON ATTENDANCE BY COMMISSION CHAIRS AND REMINDER OF POLICY ON UNEXCUSED ABSENCES Councilmember Carmody noted the attendance problem that the Human Rights and Resources Commission has had, with meetings often having no quorum. The Human Rights and Resources Commission has not been able to complete work on the Bias/ Hate Crime Response Proposal. A letter will be sent to the Human Rights and Resources 6/25/97 —1- i Kay Lasman Telephone 612-560-6689 • 4407 Woodbine Lane Brooklyn Center,MN.55429 Dear Fellow Council Members, Ma Y or Kra ess, and Mr. McCauley, I am interested in promoting a"Random Acts of Kindness Day" in Brooklyn Center. I recently read about such an event in another community and thought it would be good for our city, as well. There could be other collaborative events attached to it,such as an essay contest for different age groups,youth,(ages 6-10 and I 1-17,adults,and senior citizens)to describe the act/acts of kindness that the essayist has experienced on the day proclaimed"Random Acts of Kindness Day" in Brooklyn Center. I think this could be a valuable experience for the citizens of Brooklyn Center, as well promoting very positive image, all in the name of good wholesome fun. r Please let me know if there is interest in pursuing this, and which commission or commissions may be interested in studying this issue. Thank you. • Respectfully, Kay Lasman ' Work Session Agenda Item No. 2 r MEMORANDUM - COUNCIL WORK SESSION DATE: February 18, 2010 • TO: City Council FROM: Councilmember, Mark Yelich through Curt Boganey, City Managl � SUBJECT: Garbage Haulers Recommendation: It is recommended that the City Council provide direction regarding staff investigation of the impact of Garbage Haulers. Background: I have attached an e-mail from Councilmember Yelich explaining his request. In response to this request, I have attached a copy of the data and information that the City collects when we license haulers. I have also attached a copy of the ordinance governing operations within the City. Any additional information regarding this issue would have to be collected. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will continue to maintain and upgrade City infrastructure improvements 2. We will respond to increased public awareness and interest in environmental sustainability and green community issues • ;ilissiort:Gn,SUf in;an attractive,rlernz,safe c•onununity that enhances the quality of life andpreserves the public:trust Curt Boganey From: Mark Yelich Sent: Thursday, February 11, 2010 9:29 PM O To: Curt Boganey Subject: Garbage Haulers Hi Curt, I've had residents express interest in minimizing the impact of garbage haulers on the city's infrastructure, environment, and quality of life in the city. In support of environmental sustainability goal, can you please add the topic of garbage haulers to the Feb 22nd city council work session agenda? If agreeable , I'd be interested in having the city council better understand the issue with information about: How man garbage haulers are current) licensed and operating in BC? Y9 9 Y P 9 If possible, can.the current haulers be profiled by the service they offer, types of waste collected, fees charged, geographic areas served in city and number of customers in BC? What is the impact of 40 ton trucks driving on streets designed for residential traffic? What is environmental impact of running multiple trucks over a 100 miles of city streets operating at less than 10 mpg of fossil fuel? How does the city currently regulate operations of haulers if at all? • What would be recommended process for identifying strategies that minimize impact on city including minimizing waste output? Thank you. Respectfully, Mark Yelich Brooklyn Center City Council 763-486-6001 Winds of change are helpful when there are leaders to trim the sails! I • 1 Printe&8/2010 Report Name: City of Bro o yn Center Page: 1 Business Search g Business Search ID Company License Tvoe License ress Complex Name Council 4273110 Ace Solid Waste,Inc. Garbage Hauler 01004600 Ace Solid Waste,Inc. 07/13/2009 7842104 Allied Waste Services of North Garbage Hauler 01004593 Allied Waste Services of North 06/22/2009 America LLC America LLC 6443488 Aspen Waste Systems,Inc. Garbage Hauler 01004601 Aspen Waste Systems,Inc. 06/22/2009 69201641 Budget Waste Systems,Inc. Garbage Hauler 01004709 07/27/2009 6338494 Darling International,Inc Garbage Hauler 01004603 Darling International,Inc. 06/22/2009 6375210 Farmers Union Industries LLC Garbage Hauler 01004595 Midwest Grease 07/13/2009 dba Midwest Grease 2298 Haugen's Haulers Inc Garbage Hauler 01004596 Haugen's Haulers Inc 07/13/2009 69201547 Jate Mies,Inc. Garbage Hauler 01004604 07/13/2009 4793335 Randy's Environmental Services Garbage Hauler 01004597 Randy's Environmental Services 07/13/2009 1047 SANIMAX ato inc Garbage Hauler 01004594 06/22/2009 5603610 T&L Sanitation Service Garbage Hauler 01004602 06/22/2009 7808464 Walters Recycling&Refuse Garbage Hauler 01004598 Walters Recycling&Refuse 06/22/2009 4933474 Walz Brothers Sanitation Garbage Hauler 01004592 06/22/2009 7848349 Waste Management-Blaine Garbage Hauler 01004599 Waste Management-Blaine 07/13/2009 City of Brooklyn Center-- Garbage Collection Vehicle Page 1 of 3 Home—Brooklyn Center Garbage Collection Vehicle Mayor Council/ License Requirements Commissions/Charter Printer-friendly version City Code of Ordinances The City of Brooklyn Center requires the licensing of garbage collection vehicles as defined in Chapter 7 of its Ordinance. The license period is July 1 through June 30. Residents Please complete or provide the following: Just For YOUth License Application—completed information as required in Chapter 7 Section 7-103,of the Community/News/Events City Ordinance(see below to download application) Annual License Fee-$85 per company, plus$25 per vehicle(checks made payable to the Departments/City City of Brooklyn Center) Services Certificate of Insurance—certificate of insurance from your insurance carrier Recreation Vehicle Inspection Report—copy of a vehicle inspection report for each vehicle as prescribed Community Center by the Minnesota State Patrol Vehicle Information Sheet—completed information sheet identifying vehicles and services Parks and Trails (see below to download form) Centerbrook Golf Course Proof of Workers'Compensation Insurance Coverage Form—completed form as required by Minnesota Statute Section 176.182(see below to download form) Earle Brown Days Minnesota Business Tax Identification Number—completed form as required by Minnesota Festival Statute Section 270.72(see below to download form) Earle Brown Heritage Center Insurance Requirements Cultural Diversity maintain for the following �' - d.4. INSURANCE. Applicants for licenses must 9 Section 7 103, Sub pp minimum insurance. Government Links Commercial Automobile Liability Insurance Covering All Owned, Hired,and Non-owned Site Map Automobiles—Limits of Liability: Combined Single Limits-$500,000 each occurrence;or Bodily Injury-$100,000 each Disclaimer/Copyright person,$500,000 each occurrence;and Property Damage-$50,000 each occurrence In Departments/City In the event applicants for licenses use refuse collection bins furnished for their clients,then the Services: following additional coverage is necessary: Administration Commercial Liability Insurance Covering All Operations and Completed Operations—Limits of Liability: Business Licensing Combined Single Limits-$500,000 each occurrence,$500,000 aggregate;or Bodily Injury- Amusement - 000 each occurrence Devices $100,000 each person;and Property Damage $500, Bowling Alley Coverage is to be provided by an Insurance Carrier who holds a Certificate of Authorization Christmas Tree (licensed)with the State of Minnesota. Evidence of such insurance shall be in the form of a Certificate of Insurance ACORD form,or similarly approved form. The Certificate shall require Sales • that the City be furnished thirty(30)days prior written notice of any cancellation, non-renewal, Commercial or major revision. Such Certificate shall be in the hands of the City Clerk prior to any issuance Kennel of license. It is expressly understood that this insurance and these limits are for the City's Fireworks- http://www.cityofbrooklyncenter.org/index.asp?Type=B_BASIC&SEC={715065A1-E67... 02/18/2010 City of Brooklyn Center-- Garbage Collection Vehicle Page 2 of 3 Consumer requirements only and do not represent the complete coverage the licensee should carry. Garbage • Collection Vehicle License /�/�p p nova I Gasoline Service Station Liquor-3.2 Upon the City Clerk's receipt of a completed garbage collection vehicle license application, Percent Malt appropriate license fee,certificate of insurance,vehicle information sheet,copy of vehicle Liquor inspection report per each vehicle, Proof of Workers'Compensation Insurance Coverage form, and Minnesota Business Tax Identification Number form,the license application shall be Liquor- presented to the City Council for consideration at its next regular meeting. The City Council Intoxicating meets the 2nd and 4t'Monday of the month. License materials must be submitted at least Liquor- seven(7)days prior to a City Council meeting. Temporary or Special Events Questions-For more information relating to license requirements for garbage collection vehicle licensing,please e-mail the City Clerk or call(763)569-3308 Monday—Friday 8:00 Massage a.m.—4:30 p.m. Establishment Mechanical iF Garbaac a Collection Vehicle License Application Contractors Ijq Garbage Collection Vehicle Information Sheet Motor Vehicle 0 Proof of Workers'Compensation Insurance Coverage Dealership IF Minnesota Business Tax Identification Number Pawnbroker Public Dance Rap Parlors, Conversation Parlors,Adult Encounter Groups,Adult Sensitivity Groups,Escort . Services, Model Services,Dancing Services,or Hostess Services Rental Dwellings Saunas or Sauna Baths Secondhand Goods Dealer Sign Hanger Tattoo and/or Body Piercing Establishments Taxicab Tobacco Related Products Elections and Voter Registration Human Resources- Employment Deer Management Plan Random Acts of Kindness Data Practices Requests Foreclosure Information 2009 Brooklyn hq://www.cityofbrooklyncenter.org/index.asp?Type=B_BASIC&SEC=1715065A 1-E67... 02/18/2010 Have you submitted . . . • Com p leted Garbage Collection Garbage Vehicle License Application • License Fee Collectioll • Certificate of Insurance • Copy of Vehicle Inspection Vehicle Report for Each Vehicle to be Licensed • Vehicle Information Sheet License • Proof of Workers' Compensation Insurance Coverage Form • Minnesota Business Tax City of Procedures BROOKLYN Identification Number Form CENTER Revised 1/05 Questions . . . To obtain a garbage collection vehicle license application or for more 6301 Shingle Creek Parkway information please call: Brooklyn Center, MN 5 543 0-2199 Deputy City Clerk Telephone (763) 569-3300 (763)569-3308 Fax (763) 569-3494 Monday—Friday www.cityojbrooklyncenter.org , . City of Brooklyn Center 8:00 am.—4:30 p.m. i License Requirements Insurance Requirements License Approval The City of Brooklyn Center requires the Section 7-103,Subd.4. INSURANCE. Upon the City Clerk's receipt of a completed licensing of garbage collection vehicles as Applicants for licenses must maintain for the garbage collection vehicle license application, defined in Chapter 7 of its Code of Ordinances. following minimum insurance. appropriate license fee,certificate of insurance, The license period is July 1 through June 30. vehicle information sheet,copy of vehicle The annual license fee for a garbage collection Commercial Automobile Liability Insurance inspection report per each vehicle,Proof of vehicle is$85 per company,plus$25 per Covering All Owned,Hired,and Non-owned Workers' Compensation Insurance Coverage vehicle. Please complete or provide the Automobiles—Limits of Liability: form,and Minnesota Business Tax following: Identification Number form,the license Combined Single Limits-$500,000 each application shall be presented to the City License Application—completed information occurrence;or Bodily Injury-$100,000 each Council for consideration at its next regular as required of the City Ordinance person,$500,000 each occurrence;and Property meeting. The City Council meets the 2nd and 4ch Damage-$50,000 each occurrence Monday of the month. License materials must License Fee-$85 per company,plus$25 per be submitted at least seven(7)days prior to a vehicle(checks made payable to the City of In the event applicants for licenses use refuse City Council meeting. Brooklyn Center) collection bins furnished for their clients,then the following additional coverage is necessary: Certificate of Insurance—certificate of insurance from your insurance carrier Commercial Liability Insurance Covering All Operations and Completed Operations—Limits of Vehicle Inspection Report—copy of a vehicle Liability: inspection report for each vehicle as prescribed by the Minnesota State Patrol Combined Single Limits-$500,000 each occurrence,$500,000 aggregate;or Bodily Injury Vehicle Information Sheet—completed -$100,000 each person;and Property Damage- information sheet identifying vehicles and $500,000 each occurrence services Coverage is to be provided by an Insurance Carrier Proof of Workers'Compensation Insurance who holds a Certificate of Authorization(licensed) Coverage Form—completed form as required with the State of Minnesota Evidence of such by Minnesota Statute Section 176.182 insurance shall be in the form of a Certificate of Insurance,ACORD form,or similarly approved Minnesota Business Tax Identification form. The Certificate shall require that the City be Number—completed form as required by furnished thirty(30)days prior written notice of . Minnesota Statute Section 270.72 any cancellation,non-renewal,or major revision. Such Certificate shall be in the hands of the City `Clerk prior to any issuance of license. It is expressly understood that this insurance and these limits are for the City's requirements only and do not represent the complete coverage the licensee :should carry. Section 7-103. REFUSE HAULERS REGULATIONS. • Subdivision 1. License Required. No person may haul or convey refuse from any premises in the City, other than the person's own domicile, unless the person holds a valid license. A license is required for each vehicle used to haul or convey refuse. Subdivision 2. License Procedure. The provisions of Sections 23-001 through 23-013 of the City Ordinances apply to all licenses required by this ordinance and to the holders of the license. The city council may establish the annual license fee from time to time by resolution. The term of each license hereunder is from July 1 through June 30. The applications for license or renewal of license must contain a description of the types and makes of motor vehicles used for collection,a schedule of services to be made to the customers,the frequency of service to be rendered, and full information where and how the material collected will be disposed of, and any other information the health authority may require. Applicants for licenses to provide routine weekly collection and removal of refuse from residences must provide complete collection of all refuse which normally results from day-to-day use of residential property except furnishings, appliances, building or construction wastes and similar bulky wastes for which individuals must make special arrangements. The health authority may require vehicle inspection before processing the license application. Applications for license must be submitted to the health authority for review and recommendation. If the council is satisfied that the public need,convenience,and good order will be served thereby,it may grant a license to any applicant meeting the requirements of this ordinance. 0 Subdivision 3. License Classification. Licenses are issued for the following classes of operation: Class I Residential Refuse Collection Vehicle Class II Commercial and Business Refuse Collection Vehicle Class III Residential and Commercial Refuse Collection Vehicle Class IV Rubbish and Waste Matter Collection Vehicle Class V Rendering Collection Vehicle City of Brooklyn Center 7-6 City Ordinance • I • Subdivision 4. Insurance. Applicants for licenses or renewals of licenses must maintain the following minimum insurance: 1. Commercial Automobile Liability Insurance Covering All Owned,Hired, and Nonowned Automobiles -Limits of Liability a. Combined Single Limits - $500,000 each occurrence; or b. Bodily Injury- $100,000 each person, $500,000 each occurrence; and c. Property Damage - $50,000 each occurrence In the event applicants for licenses use refuse collection bins furnished for their clients, then the following additional coverage is necessary: 1. Commercial Liability Insurance Covering All Operations and Completed Operations - Limits of Liability a. Combined Single Limits - $500,000 each occurrence, $500,000 aggregate; or b. Bodily Injury- $100,000 each person; and c. Property Damage- $500,000 each occurrence Coverage is to be provided by an Insurance Carrier who holds a Certificate of Authorization(licensed) with the State of Minnesota. Evidence of such insurance shall be in the form of a Certificate of Insurance, ACORD form, or similarly approved form. The Certificate shall require that the City be furnished thirty(30)days prior written notice of any cancellation,nonrenewal,or major revision. Such Certificate shall be in the hands of the City Clerk prior to any issuance of license. It is expressly understood that this insurance and these limits are for the City's requirements only and do not represent the complete coverage the licensee should carry. Subdivision 5. Vehicle License Decals. Whenever a license or renewal has been granted the health authority must furnish to the licensee a decalcomania for each vehicle. The decalcomania must indicate that the vehicle is licensed by the City. The licensee must apply the decalcomania to the left forward side of the body of the appropriate licensed vehicle as indicated by the health authority. Old, expired, or otherwise invalid decalcomania must be removed from the vehicle. • '7-'7 City Ordinance Cary of Brooklyn Center tJ' Subdivision 6. Vehicle Specifications. Every vehicle used to collect refuse must have the name • of the owner or operator on the body or placed on a durable metal or wood plaque attached to the body. The lettering must be at least three inches in height and the color of the lettering and of the background must be contrasting. The body of every vehicle licensed must be constructed entirely of metal or the space in the vehicle in which refuse is kept must be completely lined with metal. All joints must be effectively closed so that no dripping or leaking or drain off of water, liquids, or any substance can occur. The loading space must be provided with a tight metal hood having an opening fitted with metal doors, or must be provided with a heavy tarpaulin or equivalent cover fitted with eyes, grommets,tie ropes, or hooks so that the cover can be held securely over the loaded refuse. Every vehicle must be . equipped with the necessary hand tools for cleaning up spills. Subdivision 7. Vehicle Maintenance. Every licensed vehicle must be kept well painted,clean, and in good repair. Every vehicle used for collecting garbage or swill must be cleaned every week or oftener as necessary to prevent persistent odors and must be cleaned before being used for any other purposes. Subdivision 8. Vehicle Loading. Garbage, refuse, rubbish, or other waste matter must be so loaded that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper,trash,and similar materials must be so secured that they cannot be displaced by the wind or fall out of the vehicle. Containers used to carry refuse in or on any vehicle must comply with the requirements of Section 7-102 of this Code. Subdivision 9. Service Cancellation. The collector must cancel service to any premises when the only container orncontainers thereon have been condemned and may cancel service for cause or when the party charged for the collection service is two months or more overdue in paying for such services. When any collector cancels service to any premises,written notice must be served upon or mailed to the occupant,manager or owner of the premises and a copy of the notice must be mailed to the health authority. Subdivision 10. Vehicle Storage and Parking. No person may at any time park or store any refuse collection vehicle on any premises zoned for use as a single or multiple residence dwelling, within one hundred feet of the premises or within two hundred feet of any food establishment, for purpose other than, or for periods inconsistent with,providing refuse collection at the premises. No person may at any time park or store any loaded or partially loaded refuse collection vehicle on any premises within the City, except for the purpose of and for periods consistent with providing refuse collection at that parcel of property. Subdivision 11. Collection Districts. The City, under the direction of the city manager or his designee,shall establish specific refuse and recycling collection districts and specific days of collection within these districts for all licensees. The purpose of this provision is to coordinate and facilitate same day collection within said districts throughout the City. City o f Brooklyn Center 7-8 City Ordinance • • Said coordination is necessary to encourage citizen participation in the City's recycling effort,to insure compliance with state mandates for solid waste management as set forth-in Minnesota Statutes Chapter . 115A and to insure compliance of the City's contractual obligations as a member of the Hennepin Recycling Group pursuant to the Joint and Cooperative Agreement for Solid Waste Disposal. Also, said coordination will be beneficial to the health,safety,and welfare of Brooklyn Center residents and streets by limiting the number of refuse and recycling vehicles using said streets at any one time. The following considerations will be utilized by the city manager or his designee to establish the collection districts: a. household counts within the districts; b. compatibility with the licensees existing refuse collection stops to the extent possible; c. compatibility with municipal boundaries to the extent possible; d. coordination with recycling collection to the extent possible. Subdivision 12. Collection within Districts. Where an approved collection district has been established,licensed refuse haulers must establish their regular collection routes and days of collection in a manner consistent with the approved collection district and specified days of collection. Violation of this subsection is gr ounds for revocation of the hauler's license. It is not a violation of this subsection to collect refuse or recyclable materials on a day other than the specified collection day,if the collection is for a missed pick up or is in a week in which a legal holiday occurs. Subdivision 13. Yard Waste Collection. A licensed refuse collector providing residential refuse . collection service must separately collect and dispose of yard waste. Within 15 days after notification from the City,a licensed refuse collector providing residential refuse collection service must give the city manager a detailed description of: a. the manner by which the collector intends to separately collect and dispose of yard waste; , b. the manner by which the collector intends to account for the amount of yard waste collected; and c. the method by which the collector will inform its customers of the yard waste collection program. The collector must take the yard waste to a disposal site or transfer site, approved by the city manager for subsequent composting, landspreading, or both. The licensed collector must keep accurate accounting of the amount of yard waste collected and must, within 30 days of the end of each calendar year, submit a written report to the city manager detailing the amount of yard waste collected and disposed of for composting or landspreading during the year. kl n ent r 7-9 City Ordinance City of Brooklyn C e Section 7-104. REFUSE LITTERING PROHIBITED. No person may throw,scatter or deposit, or cause or permit to be thrown,scattered or deposited any refuse,handbills,or other littering materials • upon or in any public or private lands,bodies of water, vehicles or structures within the City. Every person must maintain his or her premises and abutting sidewalks and boulevard areas free of refuse litter. Section 7-105. NUISANCE ABATEMENT. Subdivision 1. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance,or any accumulation of refuse on any premises for more than one week is hereby declared to be a nuisance. A nuisance may be abated by order of the officer charged by the city manager with enforcement of this section, and the costs of abatement may be assessed against the property on which the nuisance was found as provided in this section: Subdivision 2. In all cases to which Minnesota Statutes, Sections 145A.04 and 145A.08 apply, the City will proceed under those sections. Subdivision 3. In all other cases,the officer charged with enforcement must notify the owner of the property on which the nuisance is found in writing, specifying the nature of the nuisance and ordering that the nuisance be abated. Notice must be served in person or by mail. If the owner is unknown or cannot be located, notice may be served by posting it on the property. The notice must specify the steps to be taken to abate the nuisance and the time, not exceeding ten(10) days, within which the nuisance must be abated. If the owner does not comply with the notice and order of the enforcement officer within the time specified, the city council may, after notice to the owner and the • occupant of the property if different from the owner, and an opportunity to be heard, order that the nuisance be abated by the City. The notice of hearing must be served in the same manner as the notice and order of the enforcement officer and must be given at least ten(10)days before the date specified for hearing of the matter by the city council. If notice is given by posting,at least thirty(30)days must elapse between the date of posting and the hearing. In an emergency circumstance where there is an immediate threat to the public health or safety or an immediate threat of serious property damage, the enforcing officer may provide for abating the nuisance without action of the city council. In such a case,the enforcing officer must reasonably attempt to notify the owner and occupant of the intended action and the right to appeal the determination that a nuisance exists and the order to abate the nuisance at the next regularly scheduled city council meeting. The city clerk must prepare and mail a bill to the property owner for the amount of the costs incurred by the City in abating a nuisance, including administrative and other related expenses. The bill is due and payable upon receipt. In the event bill is not paid by the September 1 next following the abatement of the nuisance, the costs of abatement may be levied against the property pursuant to Minnesota Statutes, Chapter 429. Ci Ordinance City of Brooklyn Center 7-10 ty Work Session Agenda Item No. 3 till i MEMORANDUM - COUNCIL WORK SESSION • DATE: February 18, 2010 TO: City Council FROM: Councilmember Roche through Curt Boganey, City Manag�o SUBJECT: Brooklyn Center Bus Transit Recommendation: It is recommended that the City Council provide consensus direction regarding this request.uest. Background: I have attached an e-mail from Councilmember Yelich regarding this item. I believe that the bus referenced is a Metro Transit bus operated by private contractors. Before Monday, I will do further research and I should have a map of the route in question. Budget Issues: There are no budget issues to consider. Council Goals: • Strategic: • We will continue to maintain and upgrade City infrastructure improvements 1. The traveling public will benefit from multi-modal transportation options fostered and provided by the City. ifission:Gn.surin;an attractive,clean,safe corrununify that enhances the quality of 4/e and preserves the public trust i Curt Boganey From: Tim Roche Sent: Friday, February 12, 2010 8:30 PM . To: Curt Boganey Subject: Work Session Item Request: Inter B.C. City Bus Transit Hi Curt, I am trying to figure out the name bus entity that does a transit loop in our city. I do not think it is Metro Mobility, or 5 Cities Senior Transportation. Possibly 5 Cities Tranportation? They are smaller bus' that run routes day and night like last Monday after our meeting there was one waiting in front of Humboldt Square at 10:30pm. Possibly in association with Metro Transit? I would like to discuss are the routes, and how they were established, and how they may be improved. I would like to promote bus shelters at some of the heavily used stops such as in front of and across from the police station as well as in front of Humboldt Square. Is it possible to identify the routes on a city map? There is one particular route that I believe could better serve the people who use the system, and to do that I need to identify the route and where the people live who use it. Also, is there any history or anything that can provide some context to how and why we use this set up and if there has been any route modification over the years? This may come across a bit haphazzard write now; I'll tweak it over the weekend. This, as a worksession item is requested and would also be appreciated. Sincerely, Tim R. • 1 Work Session Agenda Item No. 4 MEMORANDUM - COUNCIL WORK SESSION • DATE: February 18, 2010 TO: City Council FROM: Curt Boganey, City Manage ! SUBJECT: North Metro Mayors Amended and Restated Joint Powers Agreement Recommendation: It is recommended that the City Council consider the proposed Amended and Restated Joint Powers Agreement. With Council approval this item will be placed on the Next Council Agenda for Action. Background: I have enclosed a copy of the subject proposed amended JPA. This amended has been developed in response the efforts of the association to establish a Joint Powers Central Purchasing Program. For several months the association collected data from member Cities to determine if cost saving opportunities might exist through a voluntary joint purchasing program managed by the NMMA. The preliminary results of this analysis indicate that joint purchasing may save costs for member cities. Further review of this issue concluded that the current JPA did not contemplate the establishment a central purchasing program. Therefore the attached proposed amendment has • been prepared for your consideration. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources .!fission:Gnsurin;an attractive,clean,safe cownunity that enhances the quality of life crud preserves the public trust STRIKETHROUGH VERSION AMENDED AND RESTATED • JOINT POWERS AGREEMENT FOR A COALITION OF METROPOLITAN COMMUNITIES THIS AGREEMENT, made and entered into by and between the cities of Andover, Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Circle Pines, Columbus, Coon Rapids, Dayton, Lexington, Mounds View, Maple Grove, Minneapolis, New Brighton, New Hope, Osseo, Ramsey, Spring Lake Park, which cities are all of the current members (hereinafter collectively referred to as the "Initial Members") of the North Metro Mayors Association, a Minnesota joint powers organization(hereinafter referred to as the"Coalition"). WHEREAS, the Initial Members are parties to the joint powers agreement that created the Coalition(hereinafter the"Original Joint Powers Agreement"); and WHEREAS, the Initial Members have determined that it is in the best interest of the public to amend the joint powers agreement of the Coalition as hereinafter set forth. NOW THEREFORE, pursuant to the authority granted by Minnesota. Statutes, Section 471.59, the parties hereto agree that the Original Joint Powers Agreement is amended and restated as follows: 1) NAME OF ORGANIZATION. The parties hereby create a joint powers organization to • be known as the North Metro Mayors Association (hereinafter referred to as the "Coalition"). 2) MEMBERS. Entities authorized to be parties to a joint powers agreement by Minnesota Statutes, Section 471.59 may join the Coalition as members upon approval of a majority of the Board of Directors, approval by resolution of the governing body of the entity, execution of a copy of this Agreement and filing of an executed copy of the resolution and agreement with the Coalition. E•° utiv°"ir-ee4e 3) PURPOSE. The purpose of the Coalition is to promote transportation and economic development and to assist governmental units in providing government services and conducting government functions effectively and efficiently. 4) BOARD OF DIRECTORS. The governing body of the Coalition shall be its Board of Directors. Each member shall appoint two (2)directors. Each director shall have one (1) vote. Board Members shall hold office at the pleasure of the appointing member and shall remain in office until replaced. A majority of the Board of Directors shall constitute a quorum of the Board. 5) COMMITTEES. The Board of Directors shall appoint an Operating Committee. The Operating Committee shall have authority to manage the affairs and business of the • STRIKETHROUGH VERSION • Coalition between Board meetings, but at all times, shall be subject to the control and direction of the Board. The Operating Committee shall meet as needed at a time and place to be determined by the Chair of the Operating Committee. The Board may establish such other committees, task forces or working groups as it deems appropriate. 6) MEETINGS. The Coalition shall meet on call of the president. the Executive Vice president and Chief Operating Officer or of the Operating Committee. 7) FINANCIAL MATTERS. Coalition funds may be expended by the Board. Other legal instruments shall be executed by Coalition officers with authority granted by the Board. The Board shall have no authority to expend funds in excess of the Coalition funds or incur any debt. The financial contribution of the members in support of the Coalition shall be per-eap €er- eery determined annually by the Board. Each of the members shall, by February 2nd of each year, pay to the Coalition an amount as annually determined by the Board Coalition based on + r-eeenl M + 1;+., Ge 1 „1alie estimates. The '�uau Board may authorize changes in the per- capita ehar-g° member assessment for all members upon majority vote. The annual member assessment levy shall be determined by October 1 st of the preceding year. The Board may receive financial contributions from counties, non-profit organizations, private associations, entities or financial institutions. The Board may make such counties, non-profit organizations,associations, entities or institutions honorary associate members. Honorary associate members may send representatives to Board meetings, but shall not be entitled to representation on the Board or have any voting rights. 8) BYLAWS. The Board of Directors shall adopt such bylaws and procedures as it deems appropriate for the administration of the Coalition and the conduct of its meetings. Such bylaws may be adopted and amended only by a majority vote of all Board Members. 9) OFFICERS. At the first meeting of the Board of Directors in each year, the Board will elect from its members a President, a Vice President, a Treasurer and a Secretary and such other officers as it deems necessary to conduct its meetings and affairs. 10) POWERS. A. The Coalition may employ such persons as it deems necessary to accomplish its purposes. B. The Coalition may contract with any members, other governmental units or other • entities to accomplish its purposes. STRIKETHROUGH VERSION C. The Coalition may contract for space, equipment and supplies to carry on its • activities. D. The Coalition shall designate one or more national or state banks or trust companies authorized by Minnesota Statutes, Chapter 118A or 427, to receive deposit of public monies to act as depositories for the Coalition's funds. No funds may be disbursed without the signatures of two ,..fl,. an authorized officer. E. The Coalition shall purchase such insurance as it deems appropriate but shall purchase liability insurance in at least the amount of potential liability for political subdivisions under Minnesota Statutes, Section 466.04. F. The Coalition may undertake programs and contract with members, and with any non-members authorized to enter into joint powers agreements under Minnesota Statutes Section 471.59, to provide services to those contracting parties including but not limited to joint purchasing of supplies other products, equipment and services-, provided however, that the Coalition may provide such services to individual members or to non-members only when the program is self-supporting and will not result in M non-participating member incurring expenses or in expenditure of any of the Coalition funds derived from membership contributions. 11) WITHDRAWAL. Any member may withdraw from the Coalition effective on January 1 of any year by giving written notice to the Coalition President f the a prior to October 15 of the preceding year. 12) TERMINATION. The Coalition shall be dissolved if less than three (3) members remain, or by mutual signed agreement of all of the members. Upon termination, remaining assets of the Coalition shall be distributed to the members still remaining at the time of termination, pro rated according to their respective contributions for the year of termination. 13) NOTICES. All notices or other communications required to be given to the Coalition President shall be sufficient) given and shall be deemed given when delivered or mailed sufficiently g by registered or certified mail,postage prepaid. 14) AMENDMENTS. This Agreement may be amended and become effective only by written agreement entered into by all members in good standing. 15) MULTIPLE EXECUTION. This Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original and all such counterpart shall constitute but one and the same instrument. An originally executed counterpart shall be filed with Sarah M. Epp ff -the Executive DireaKVice STRIKETHROUGH VERSION President and Chief Operating Officer, North Metro Mayors Association, • Edinbreek Grossing11000 Westgate, Suite #5, Br-eok y n°r X201, St. Paul, MN 5544 3.55114. 16) EFFECTIVE DATE. This Agreement shall be in full force and effect upon receipt by Sarah M. ,_he Executive esterVice nt and Chief O eratin Officer Preside p � , North Metro Mayors Association, .8525 E,a;.,b,.eok Cr-essing1000 Westgate, Suite #5; Breeldyn Pafk-201. St. Paul, MN 5-544 55114, of an executed copy hereof, along with a copy of a certified resolution of the governing bodies of each of the Initial Members authorizing such execution and delivery. Upon receipt of all such documents, the Original Joint Powers Agreement shall be superseded and replaced by this Agreement, and the Executive Dim tffVice President and Chief Operating Officer will promptly mail a copy of the fully executed agreement to each of the Initial Members. [The remainder of this page intentionally left blank.] (Note: Signature pages deleted for this Strikethrough Version; trying to save a treel • • • AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR A COALITION OF METROPOLITAN COMMUNITIES THIS AGREEMENT, made and entered into by and between the cities of Andover, Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Circle Pines, Columbus, Coon Rapids, Dayton, Lexington, Mounds View, Maple Grove, Minneapolis, New Brighton, New Hope, Osseo, Ramsey, Spring Lake Park, which cities are all of the current members (hereinafter collectively referred to as the "Initial Members") of the North Metro Mayors Association, a Minnesota joint powers organization (hereinafter referred to as the "Coalition"). WHEREAS, the Initial Members are parties to the joint powers agreement that created the Coalition (hereinafter the "Original Joint Powers Agreement"); and WHEREAS, the Initial Members have determined that it is in the best interest of the public to amend the joint powers agreement of the Coalition as hereinafter set forth. NOW THEREFORE, pursuant to the authority granted by Minnesota Statutes, Section 471.59, the parties hereto agree that the Original Joint Powers Agreement is amended and restated as follows: • 1) NAME OF ORGANIZATION. The parties hereby create a joint powers organization to be known as the North Metro Mayors Association (hereinafter referred to as the "Coalition"). 2) MEMBERS. Entities authorized to be parties to a joint powers agreement by Minnesota Statutes, Section 471.59 may join the Coalition as members upon approval of a majority of the Board of Directors, approval by resolution of the governing body of the entity, execution of a copy of this Agreement and filing of an executed copy of the resolution and agreement with the Coalition. 3) PURPOSE. The purpose of the Coalition is to promote transportation and economic development and to assist governmental units in providing government services and conducting government functions effectively and efficiently. 4) BOARD OF DIRECTORS. The governing body of the Coalition shall be its Board of Directors. Each member shall appoint two (2) directors. Each director shall have one (1) vote. Board Members shall hold office at the pleasure of the appointing member and shall remain in office until replaced. A majority of the Board of Directors shall constitute a quorum of the Board. 5) COMMITTEES. The Board of Directors shall appoint an Operating Committee. The . Operating Committee shall have authority to manage the affairs and business of the 1 Coalition between Board meetings, J but at all times shall be subject to the control and direction of the Board. • The Operating Committee shall meet as needed at a time and place to be determined by the Chair of Operating Committee. The Board may establish such other committees, task forces or working groups as it deems appropriate. 6 MEETINGS. The Coalition shall meet on call of the p resident the Executive Vice president and Chief Operating Officer or of the Operating Committee. , 7) FINANCIAL MATTERS. Coalition funds may be expended consistent with the annual operating budget adopted by the Board. Other legal instruments shall be executed by Coalition officers with authority granted by the Board. The Board shall have no authority to expend funds in excess of the Coalition funds or incur any debt. The financial contribution of the members in support of the Coalition shall be determined annually by the Board. Each of the members shall, by February'2nd of each year, pay to the Coalition an amount as annually determined by the Board. The Board may authorize changes in the member assessment for all members upon majority vote. The annual member assessment levy shall be determined by October l st of the preceding year. Special member assessments may be made upon Board approval by majority vote for a • project and program not budgeted, however, members shall retain the right to participate in such project or program in their sole discretion. The Board may receive financial contributions from counties, non-profit organizations, private associations, entities or financial institutions. The Board may make such counties, non-profit organizations, associations, entities or institutions associate members. Associate members may send representatives to Board meetings, but shall not be entitled to representation on the Board or have any voting rights. 8) BYLAWS. The Board of Directors shall adopt such bylaws and procedures as it deems appropriate for the administration of the Coalition and the conduct of its meetings. Such bylaws may be adopted and amended only by a majority vote of all Board Members. 9) OFFICERS. At the first meeting of the Board of Directors in each year, the Board will elect from its members a President, a Vice President, a Treasurer and a Secretary and such other officers as it deems necessary to conduct its meetings and affairs. 10) POWERS. A. The Coalition may employ such persons as it deems necessary to accomplish its purposes. 2 • B. The Coalition may contract with any members, other governmental units or other entities to accomplish its purposes. C. The Coalition may contract for space, equipment and supplies to carry on its activities. D. The Coalition shall designate one or more national or state banks or trust companies authorized by Minnesota Statutes, Chapter 118A or 427, to receive deposit of public monies to act as depositories for the Coalition's funds. No funds may be disbursed without the signatures of an authorized officer. E. The Coalition shall purchase such insurance as it deems appropriate but shall purchase liability insurance in at least the amount of potential liability for political subdivisions under Minnesota Statutes, Section 466.04. F. The Coalition may undertake programs and contract with members, and with any non-members authorized to enter into joint powers agreements under Minnesota Statutes, Section 471.59, to provide services to those contracting parties including, but not limited to, joint purchasing of supplies, other products, equipment and services; provided, however, that the Coalition may provide such services to individual members or to non-members only when the program is • self-supporting and will not result in any non-participating member incurring expenses or in expenditure of any of the Coalition funds derived from membership contributions without the approval of the Board. 11) WITHDRAWAL. Any member may withdraw from the Coalition effective on January 1 of any year by giving written notice to the Coalition prior to October 15 of the preceding year. 12) TERMINATION. The Coalition shall be dissolved if less than three (3) members remain, or by mutual signed agreement of all of the members. Upon termination, remaining assets of the Coalition shall be distributed to the members still remaining at the time of termination, pro rated according to their respective contributions for the year of termination. 13) NOTICES. All notices or other communications required to be given to the Coalition shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid. 14) AMENDMENTS. This Agreement may be amended and become effective only by written agreement entered into by all members in good standing. simultaneously in an t may be executed si 15 MULTIPLE EXECUTION. This A reemen g Y Y Y number of counterparts, each of which counterparts shall be deemed to be an original 3 and all such counterpart shall constitute but one and the same instrument. An originally executed counterpart shall be filed with the Executive Vice President and Chief Operating Officer, North Metro Mayors Association, 1000 Westgate, S uite 4201, St. • Paul, MN 55114. I 16) EFFECTIVE DATE. This Agreement shall be in full force and effect upon receipt by the Executive Vice President and Chief Operating Officer, North Metro Mayors Association, 1000 Westgate, Suite #201, St. Paul, MN 55114, of an executed copy hereof, along with a copy of a certified resolution of the governing bodies of each of the Initial Members authorizing such execution and delivery. Upon receipt of all such documents, the Original Joint Powers Agreement shall be superseded and replaced by this Agreement, and the Coalition will promptly mail a copy of the fully executed agreement to each of the Initial Members. [The remainder of this page intentionally left blank.] • 4 CITY OF ANDOVER By: And by: CITY OF ANOKA By: And by: • CITY OF BLAINE By: And by: CITY OF BROOKLYN CENTER By: And by: 5 I CITY OF BROOKLYN PARK • By: I And by: I CITY OF CHAMPLIN By: And by: i CITY OF CIRCLE PINES I By. O And by: I CITY OF COLUMBUS I By: And by: i 6 . CITY OF COON RAPIDS By: And by: CITY OF DAYTON By: And by: CITY OF LEXINGTON By: And by: CITY OF MOUNDS VIEW By: And by: i CITY OF MAPLE GROVE • By: And by: CITY OF MINNEAPOLIS By: And by: CITY OF NEW BRIGHTON By: • And by: CITY OF NEW HOPE By: And by: • s CITY OF OSSEO • By: And by: CITY OF RAMSEY By: And by: CITY OF SPRING LAKE PARK By: And by: • 9 Work Session Agenda Item No. 5 MEMORANDUM - COUNCIL WORK SESSION • DATE: February 22, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel,Director of Business and Development SUBJECT: TIF District No. 2—Use of Tax Increment Recommendation: It is recommended that the City Council consider the possible use of Tax Increment District 2 funds and provide direction to staff on proceeding with a necessary budget amendment. Background: On January 11, 2010, the City Council received an update on the City's Tax Increment Districts. This report identified a current balance in Tax Increment District No. 2 of$1,919,954 and projected TIF revenue of an additional$1,743,000 over the next two years. The majority consensus of the City Council was to direct staff to provide Council with further information on potential uses of the tax increment revenue that will be available in TIF District #2. Tax Increment District No. 2 Tax Increment District No. 2 was established on July 22, 1985, as a redevelopment district, to remedy conditions of economic obsolescence, physical blight, under utilization of land, extensive soil corrections which the private sector has not been willing or able to accomplish and correction of numerous traffic hazards and pedestrian conflicts. In 1991, there was a budget amendment which expanded the budget to $20,805,557. In 1994, the district's project area was enlarged to include the geographic boundaries of the city and the following additional objectives were added: • To enhance the tax base of the City. • To provide maximum opportunity, consistent with the needs of the City, for redevelopment by private enterprise. • To better utilize vacant or undeveloped land. • To attract new businesses. • To acquire blighted or deteriorated residential propriety for rehabilitation or clearance and redevelopment. • To develop housing opportunities for market segments underserved in the City, including housing for the disabled and elderly. • The budget was expanded to$53,774,537 and included the following estimated project • costs. Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION A 2001 Legislative amendment: provided for the Duration Limit of a District to be 25 years from • the date of receipt by the authority of the first tax increment(469.176, subd. lb(a)(4) (Supp. 2001). The decertification of this district was adjusted to December 31, 2011. In 2004, the EDA adopted Resolution No. 2004-13 which approved an administrative amendment to the Tax Increment Financing Plan for Tax Increment Financing(Redevelopment) District which reallocated the$53,774,537 budget. Attached for your reference is a copy of the Springsted Financial Exhibit to this EDA Resolution. The City's financial report for Tax Increment District No. 2 shows expenditures to date at $51,021,765 which leaves approximately$2,752,772 in the budget for potential use. The following illustrates the budget amendments referenced in the EDA's administrative amendment to the Tax Increment No. Financing Plan: Estimated Project Costs Original Modified Modified 11-8-04 Land/Building Acquisition $2,920,000 $3,260,000 $3,260,000 Site Improvements/Preparation Costs 0 0 2,600,000 Installation of Public Utilities 1,300,000 1,500,000 750,000 Parking Facilities 0 1,500,000 1,536,564 Streets and Sidewalks 500,000 985,000 830,000 Social,Recreation&Conference 2,000,000 9,016,000 10,850,000 Bond Principal Payments 5,250,000 15,570,000 15,100,000 Bond Interest Payments 5,561,965 10,600,761 8,580,000 Loan Principal Payments 7,574,067 7,085,000 Loan Interest Payments 1,956,409 935,000 Administrative Expenses 309,000 562,300 900,000 Capitalized Interest Other Contingencies 1,001,900 23,369 Operating Subsidies 1,250,000 1,324,604 Transfers Out Total 18,842,865 53,774,537 53,774,537 Potential Uses of Tax Increment District#2 Funds: As a pre-1990 redevelopment district, this tax increment district has the ability to undertake improvements, acquire properties and provide public economic assistance to redevelopment projects through the life of the district. As previously noted, the 1994 plan amendment expanded the boundaries in which Tax Increment Funds can be spent to include the entire City. Unlike the restrictions of Tax Increment District #3 and District #4, this district provides the City Council with considerable latitude and flexibility in using these funds to address the following strategic goals: e Mission:Ensuring an attractive,clean,sale community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • Acquisition of properties or portions of properties within the Opportunity Site. • Acquisitions within the Brookdale Site. • Acquisition of the former Northwest Racquet Club Site and negotiating the early closure of TIF District#4. • Brooklyn Boulevard Streetscape and Street Light Improvements. • Humboldt Avenue Streetscape and Street Light Improvements. • Shingle Creek Watershed Improvements. • Property acquisitions associated with other public (non-recreational) improvements. • Development of the necessary planning activities to achieve the above noted activities and other planning issues identified in the Comprehensive Plan. • Public improvement projects relating to infrastructure improvements (capital investments vs. maintenance). These funds do have limitations/restrictions on certain activities such as government buildings, park & recreation activities/improvements and other government services that are considered ongoing operational costs. Budget Issues: There are no budget issues to consider at this time. • Council Goals: Strategic: 1. We will aggressively proceed with implementation of City's redevelopment plans 2. We will stabilize and improve residential neighborhoods. Ongoing: 1. We will move toward maintaining or lowering the level of the City's property taxes. 2. We will improve the image of the City wth citizens and those outside of the City's borders. • Mission:Ensuring an attractive,clean,safe community that enhances the quality of 1zfe and preserves the public trust - EDA RESOLUTION NO.2004-13 Exhibit A Brooklyn Center Economic Development Authority, Minnesota Administrative Amendment to Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District Noy. 2 Earle Brown Farm arm Project) _ Dated:,,.New Amendment Approved: Prepared by: p SPRINGSTED INCORPORATED 85 E. Seventh Place, Suite 100 St. Paul MN 55101-2887 (651) 223=3000 WWW.SPR/NGSTED.COM • EDA RESOLUTION NO.2004-13 - TABLE OF CONTENTS Section Pane(s) EstimatedProject Costs............................:..................................................:.........................:...1 EstimatedRevenue Sources...............................................................................:......................2 EDA RESOLUTION NO.2004-13 7 .3t Introduction The purpose of the Administrative Amendment to the Tax Increment Financing Plan for Tax Increment Financing District No. 2 i§ to make a line-item adjustment to the Estimated Project Costs and Estimated Revenue Sources. This amendment will not increase the overall size of" the budget. The sections specifically being modified are the Estimated Project Costs and Revenue Sources. This amendment does not reflect all the legislative changes that have occurred since original adoption, and may not reflect fully the financial ramifications of all the TIF and property tax system changes. Y EDA RESOLUTION NO. 2004-13 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) I,the undersigned,being the duly qualified and acting Secretary of the Brooklyn Center Economic Development Authority,Minnesota,DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the Board of Commissioners of the Brooklyn Center Economic Development Authority, Minnesota held on the date therein indicated,which are on file and of record in my office,and the same is a full,true and complete transcript therefrom insofar as the same relates to a Resolution Approving the Modification of the Tax Increment Financing Plan No.2. WITNESS my hand as such Secretary of the Brooklyn Center Economic Development Authority,Minnesota this T day of November,2004. Secretary EDA RESOLUTION NO.2004-13 _ Brooklyn Center Economic Develo pment Authority,Y; Minnesota Estimated Project Costs • The estimated project costs are based solely upon those projects involving expenditures on the art of p either the City or EDA. Table I represents the total redevelopment costs including the cost of acquiring all privately held land within the district. The costs also include interim finance costs based upon assumptions outlined in this section under"Revenue Sources". ANTICIPATED DEVELOPMENT 1, Construction of 130,000 square feet of retail (Target)is anticipated along Shingle Creek Parkway y betwe en the intersection of Summit Drive on the north and John Martin Drive on the south. Current zoning is C-2. it is anticipated that construction will begin in the summer of 1985. See Figure IV. Completed 1986. 2. Construction of 269 units of apartments. The project is to be constructed on the Earle Brown Faun site. The land is presently zoned I-and will necessitate a rezoning to R-7. Construction to start in the spring f 7. See Figure V. Completed 1988. p g o 198 S g p 3. Construction of 67,000 square feet of retail on the parcels located on Summit Drive and Earle Brown Drive, Present zoning is C-2..Construction to begin in 1988. See Figure VI. 4. Renovation of the Earle Brown Farm. Acquisition is anticipated by the summer of 1985. Renovation of the existing building will start in the spring of 1986. See Figure VIII. Completed 1989. Traffic ffic fight installation. See Figure IX. Completed. P 6. Construction of a 200 room hotel TABLE • ORIGINAL MODIFIED MODIFIED Estimated Project Costs 11-8-04 Land/Building acquisition $2,920,000 $3,260,000 $3,260,000 Site Improvements%Preparation costs 0 0 2,600,000 Installation of public utilities 1,300,000 1,500,000 750,000 Parkin facilities 00 00 1,536,564 15 0 9 0 , Streets and sidewalks 500,000 985,000 830,000 Social, Recreation and conference 2,000,000 9,016,000 10,850,000 Bond principal payments 5,250,000 15,570,000 15,100,000 Bond interest payments 5,561,965 10,600,761 8,580,000 Loan Principal payments 7,574,067 7,085,000 Loan Interest payments 1,956,409 935,000 Administrative expenses 309,000 562,300 900.000 Capitalized interest Other Contingencies 1,001,900 23,369 Operating subsidies 1,250,000 1,324,604 Transfers Out Total 18,842,865 53,774,537 53,774,537 The Authority reserves the right to administrative adjust the amount of an of the items listed MY 9 IY 1 Y above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. SPRINGSTED Page 1 EDA RESOLU'T'ION NO.2004-13 Brooklyn Center Economic Development Authority, Minnesota Estimated Revenue Sources . The primary revenue source for the acquisition and redevelopment of the Earle Brown Farm and the streetscaping plan for the District will be tax increment financing bonds. Also available for the acquisition of the Earle Brown Fans are Community Development Block Grant Funds and land sales. The primary revenue source for other public projects will be special assessments, Municipal State-Aid Roadway Funds and local roadway funds. Possible future redevelopment loans and soil correction projects would be funded with tax increment dollars but such projects would not be bonded for. For the acquisition of the Earle Brown Farm, it is anticipated that $1,000,000 in Community Development Block Grant Funds would be available. Land sales for the development of rental units are estimated at$650,000. The estimated captured value is based upon development completed and fully assessed by 1991. In addition to the capture of the increment for new development, it is anticipated*that additional increment will be obtained for increased values, both new and existing development; during the life of the district. It Is assumed that assessed values will inc_rease at three (3) percent annually. Based upon the estimated assessed value captured (see Table 11) within the district a bond issue for twenty (20)years, it is the desire and intent of both the City and the EDA to terminate this District at such' time when reserve funds are of a sufficient amount to assure the completion of the project and the retirement of all indebtedness associated with the project. (See Addendum B—Cash Flow Analysis). ORIGINAL MODIFIED MODIFIED Estimated Revenue Sources 11-8-04 Tax Increment revenue $12,534,744 $26,170,761 $26,170,761 Interest on invested funds 760,267 400,000 2,200,000 Bond proceeds 5,167,364 16,679,709 15,434,223 Loan proceeds 0 7,574,067 7,574,067 Real estate sales 650,000 650,000 1,395,486 Special assessments 1,300,000 1,300,000 0 Rent/Lease revenue 0 0 0 Grants 680,000 1,000,000 11000,000 Other Transfers In 21,092,375 53,774,537 53.7 4,637 Total SPRR4GSTED Page 2 MEMORANDUM - COUNCIL WORK SESSION • DATE: January 7, 2010 TO: Curt Boganey, City Manager FROM: Dan Jordet, Director of Fiscal and Support Services Gary Eitel, Director of Business and Development SUBJECT: Update on Tax Increment.Finance Districts COUNCIL ACTION REQUESTED: The status report of these three tax increment districts is being presented as information only. The data is intended to inform the Council of the current status of each of the three active Tax Increment Districts and the potential opportunities to assist in achieving Council goals. TAX INCREMENT FINANCING DISTRICT NO. 2: Tax Increment District No. 2 was established in 1985,as a redevelopment district,to remedy conditions of economic obsolescence, physical blight,under utilization of land, extensive soil corrections which the private sector has not been willing or able to accomplish and correction of numerous traffic hazards and pedestrian conflicts. • In 1994,the district's project area was enlarged to include the geographic boundaries of the city and the following additional objectives were added: • To enhance the tax base of the City. • To provide maximum opportunity, consistent with the needs of the City, for redevelopment by private enterprise. • To better utilize vacant or undeveloped land. • To attract new businesses. • To acquire blighted or deteriorated residential propriety for rehabilitation or clearance and redevelopment. • To develop housing opportunities for market segments underserved in the City, including housing for the disabled and elderly. The District consisted of 61.59 acres located east of Shingle Creek Parkway,'north of John Martin Drive and west of Earle Brown Drive and had a base tax capacity of$ 350,282. The 2009 tax capacity of the 11 commercial retail, office,and residential land uses is $999,947, which results in an incremental tax capacity of$ 649,665 or approximately 185% growth since the district was created. In 2008,the 6.15 acres Embassy Suites site was removed from the District. This district has a fund balance of$ 1,919,954.66 as of 12-31-09. 1 • The district is scheduled to expire in 2011 and is projected to generate$ 1,743,000 in additional 'tax increment revenue which is $1,663,117 in present day value. The City's TIF consultant, Briggs &Morgan,is recommending that a formal budget amendment, including public hearing and notifications to the other governmental units,be completed prior to use of this$3.6M+ of additional funds. TAX INCREMENT FINANCING DISTRICT NO. 3 Tax Increment District No. 3 was established in 1994 to provide assistance to various commercial redevelopment and housing development projects within the District. The District is a scattered site district with three sites,the Brooklyn Boulevard/69th Area, the Brookdale Area, and the Willow/252 Area and included the following objectives: - To enhance the tax base of the City - To provide maximum opportunity, consistent with the needs of the City, for development by private enterprise, - To better utilize vacant or underdeveloped land - To attract new businesses - To acquire blighted or deteriorated residential property for rehabilitation or clearance and redevelopment, - To develop housing opportunities for market segments underserved by the City including housing for the disabled and elderly. • The district consisted of 221 parcels of land, 174 of which contained existing houses and structures with a 1994 base tax capacity of$2,290,408. The current tax capacity in 2009 is $3,447,706, creating an incremental tax capacity of$1,197,208. Special state legislation associated with the creation of this Tax Increment District included provisions which required that 15% of the revenues generated from tax increment in any year is deposited in the housing development account of the authority and expended according to the tax increment financing plan. Additionally,the legislation included certain time constraints for the expenditure of the tax increments on planned activities/acquisitions/capital improvements. Special legislation extended the initial 10 year deadline to 13 years. and on May 15, 2008,this district moved to a debt service mode (ie.with the exception of the 15%housing fund,all new increment is limited to paying off the existing debt of the district. In 2008,the last bond sales allowed within this district occurred which provided the funding for the Xerxes Ave. Streetscape Improvements and the James Ave.water trunk realignment. The balance of the loan proceeds is $ 2,134,069, of which $1.8M has been allotted to the 2010 Bass Lake Road Streetscape Improvement Project. Additionally, $250,000 of these funds have been identified as a funding source for the City's portion of a • potential grant associated with a restoration project of Shingle Creek. Also, in 2008,the EDA adopted Resolution No. 2008-05 which amended the budget to 2 include the following 57th activities es to address foreclosure issues and the 57 and Logan Ave. dry cleaner vapor study: • - Acquisition of single and multi-family housing - Rehabilitation of single and multi-family housing Environmental remediation of single family and multi-family housing properties The Housing Fund has a balance of$3,154,154 as of December 31, 2009. In January, 2009, the City Council approved the Renew Loan and Remove&Rebuild Foreclosure Programs and allotted $1.6M form this TIF Housing Account. Currently,the Renew Loan Program has used $635,000 of its $1M budget and the Remove and Rebuild Program has used #300,000 of its$600,000 budget. This 15% housing fund will continue to funded by the annual tax increments through the expiration of this district in 2021. Presently,approximately$300,000 a year is placed into this fund which over the remaining 12 years could amount to an additional $3.6 M for housing related activities. The outstanding debt in TIF #3 includes two bond issues: Go Tax Increment Bonds 2004D sold in the amount of$17,245,000. The outstanding principal on these bonds is $14,310,000 as of December 31, 2009. The final payment on these bonds will be made on February 1, 2020. GO Tax Increment Bonds 2008A sold in the amount of$4,335,000. The outstandin • g principal on these bonds is $2,665,000 as of December 31, 2009. The final payment on these bonds will be made on February 1, 2018. Both Bonds were based on projected tax increments exclusive of the Brookdale Mall properties. $3,432,586.63 of the total $8,720,809.82 cash balance in TIF# 3 is reserved as payment for these debts. An issue that continues to be monitored is the diminishing valuation of the Brookdale Mall properties and their effects on the District's ability to generate sufficient tax increment to meet annual debt service. The 1994 base tax capacity for the Brookdale Mall Properties was 929,426, calculated from a base value of$46,621,300 which included the Applebee's and Kohl's parcels. The current tax capacity,as recently stipulated by Hennepin County, is 424,450 or 504,976 less than the base value,a loss of 54.33%. This loss is currently absorbed by the entire TIF#3 district before any increment is calculated and lowers the overall increment available from TIF#3 by more than $700,000 ($715,565.85 at a 142.099%tax extension rate). This presents three challenges to the City's economic development efforts: • 3 1. The ability to generate sufficient funds to make dept payments is reduced by leaving • the Brookdale parcels in the TIF#3 district. 2. The availability of any additional funding for economic development incentive or assistance for the Brookdale parcels is curtailed until TIF#3 is decertified in 2021. 3. The removal of the Brookdale parcels from TIF#3 would improve the increment generation of the district and could provide opportunities for the reformation of the Brookdale parcels into a new economic development or tax increment district that could facilitate redevelopment opportunities for the mall properties and surrounding area. However,the action would reduce the general tax base by 504,976 or about 2.16% unless corresponding tax base were added to the general tax base at the same time. TAX INCREMENT FINANCING DISTRICT NO.4 Tax Increment District No. 4 is a soils district that was established in 1999 to assist in certain public redevelopment costs associated with the Twin Lakes Business Park. The district consists of 29.26 acres and had a base tax capacity of$37,762. The 2009 tax capacity of the 3 industrial lots (Wickes Furniture-now Wagner Spray Technology, Baker Furniture/Toro, and Caribou) is $ 312,450,a 725% growth of the tax capacity of the district. In 2009,the district generated$399,404 in increments,(after fiscal disparity deductions). Of that amount, 97.5%was used to pay off a$1,666,143 note issued in 1999 and a $758,056 note issued in 2002. The outstanding debt in this district is held by Joslyn Manufacturing and Twin Lakes Business Partnership. It is retired on pay-as-you-go basis using only 97.5% of the increments actually paid in the district each year to a maximum of the outstanding note plus interest.The pay-as-you-go notes,totally$2,424,199,were issued with an interest rate of 8%. The obligation matures when the district is decertified in 2020 and any unpaid principal remaining at that time is canceled. 12-31-2009 cash balance is $173,043.61 Of that amount, $165,459.46 will be paid to Joslyn Manufacturing and Twin Lakes Business Partnership on February 1, 2010, leaving a net balance of$7,584.15. COUNCIL POLICY ISSUES: The future identification and prioritizing of eligible acquisitions and/or capital improvements that the Council wishes to include in a potential$3.6M +budget amendment to Tax Increment District No. 2. . The consideration of the future removal of all or portions of the Brookdale Mall properties from Tax Increment District# 3. 4 Work Session Agenda Item No. 6 MEMORANDUM - COUNCIL WORK SESSION DATE: 17 February 2010 • TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Water Rates—Irrigation Meter Rate Recommendation: It is recommended that the City Council consider establishing an Irrigation Meter water rate. Background: Irrigation water meter services are, for the most part, larger than 3/a" in diameter. This places them outside the Water Conservation rate parameters and groups them with other commercial and industrial meters at a base rate of$ 1.34 per 1,000 gallons with a minimum usage calculated depending on the meter size (see the attached utility rate schedule). In addition, billing for these meters is handled differently in different situations. The basis for these differences appears to be past practice. Some meters are removed and stored on site by the user. These services are not charged a fee for service availability in the winter months. Some meters remain in place but have no water flow during the winter months but continue to pay the • minimum usage charge in the rate schedule. Some meters are removed by City staff in the fall and reinstalled in the spring. Those services are sometimes charged a fee and sometimes not charged a fee, depending on the past practice. There is no written policy for billing of irrigation water meters during winter months. In order to bring consistency to the billing and handling of irrigation water meters, staff is asking that the following rates be considered and one of them agreed upon for adoption as a standard rate for all irrigation services regardless of the meter installation/removal status or time of year. 1. High Rate for All Water Consumption: Quarterly Base Charge (for availability of service) $ 6.50 Consumption Charge (per 1,000 gallons of water usage) $ 2.01 or 2 Add Irrigation Meter as a classification under the current Water Conservation Rate: For meter sizes of 5/8" and 3/4"and for all meters classified as Irrigation Meters Quarterly Base Charge (for availability of service) $ 6.50 Consumption Charge (per 1,000 gallons of water usage): First 30,000 gallons $ 1.07 31,000 to 60 000 g allons $ 1.34 61,000 gallons and greater $ 2.01 :M1lission:Ensuring an attractive,clean,safe conununio,that enhances the quality of fife and preserves the public.trust MEMORANDUM - COUNCIL WORK SESSION Budget Issues: • There are no additional costs related to this proposal. Water Fund base revenues will increase slightly(less than$ 5,000). Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources cc: Steve Lillehaug, Director of Public Works Mark Hartfiel, Supervisor of Public Utilities i ,Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust AWA Base Rate for 2010 - $1.34 per 1,000 Gallons Quarterly Minimum Rates- Based On Meter Size Meter Size 2010 Quarterly Minimum Charge 1• $ 18.76(14,000 gal min) 1 - $ 24.20(18,000 gal min) 2• $46.90(35,000 gal min) 3• $ 93.80(70,000 gal min) 4• $158.12 (118,000 gal min) 6• $361.80(270,000 gal min) B. $683.40 10' $911.20 Water Conservation Rate Meter Size 2010 Base Charge(per quarter) 5/8'and 3/4' $6.50 Thousands of Gallons Consumption Charge(per 1,000 gallons used) 0 to 30 $1.07 31 to 60 $1.34 61 and greater $2.01 Meter Purchase Fee for 5 18'residentiol meter. $52.00(included on first bill) Turn On Fee: $31.00(M-F 730-3:00)$83.00(After Hours, Weekends d Holidays) Quarterly Residential Base Rates Single Family Apartment Senior Citizen $63.87 $44.71 $35.13 • Non Residential Rate: $2.57 per 1,000 Gallons Quarterly Rates Per Dwelling Unit: 2010 Charge Single,Double A Multiple Family Residential(opts x#of units) $ 3.84 Per Acre: Parks $ 6.40 Schools,Government Bldgs&Churches $12.80 Retail and Service/Office $19.20 Commercial and Industrial $19.20 Vacant Land and Open Space As Assigned TQF;i4l>�E��1�I�tl'E�1k1�i1�Ckli�f :.: Quarterly Rates Per Acre Base Rate $ 57.33 Cemeteries and Golf Courses $ 14.33 Parks $ 28.67 Single Family,Duplex,Townhouse $ 14.33 per lot School and Government Bldgs $71.66 Multiple Family and Churches $172.00 Commercial and Industrial $286.65 Vacant Land As Assigned • Quarterly Rate of$8.27