HomeMy WebLinkAbout2010 06-28 CCP Regular Session Public Copy
AGENDA
CITY COUNCIL STUDY SESSION
June 28, 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
City f Brooklyn Center
Y Y
June 28, 2010 AGENDA
1. Informal Open Forum with City Council — 6:45 p.m.
an opportunity —provides o i for the public to address the Council on items which are not on
p pP tY p
the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not
be used to make personal attacks, to air personality grievances, to make political
endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with citizens. Questions from the Council will be for clarification only. Open
Forum will not be used as a time for problem solving or reacting to the comments made
but, rather, for hearing the citizen for informational purposes only.
2. Invocation — 7 p.m.
3. Call to Order Regular Business Meeting
—The City Council requests that attendees turn off cell phones and pagers during the
meeting. A copy of the full City Council packet is available to the public. The packet
ring binder is located at the front of the Council Chambers by the Secretary.
4. Roll Call
5. Pledge of Allegiance •
6. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember so requests, in which event the item will be removed from the consent
agenda and considered at the end of Council Consideration Items.
a. Approval of Minutes
1. June 14, 2010 — Study Session
2. June 14, 2010 — Regular Session
3. June 14, 2010 — Work Session
4. June 21, 2010 — Joint Work Session with Financial Commission
b. Licenses
C. Resolution Appointing Additional Election Judges
d. Resolution Approving Change Order No. 2, Project No. 2009 -21, 2009 Capital
Maintenance Building Plan
e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees •
f. COPS Secure Our Schools Program (SOS) Grant Approval
CITY COUNCIL AGENDA -2- June 28, 2010
g. Resolution Ordering the Abatement of Certain Nuisance Conditions Existing of
5337 Lyndale Avenue N, Brooklyn Center, Minnesota
7. Presentations / Proclamations /Recognitions/Donations
a. Northwest Hennepin Human Services Council Annual Report
Requested Council Action:
— Motion to accept annual report.
8. Public Hearings
None.
9. Planning Commission Items
None.
10. Council Consideration Items
a. Resolution Adopting Comprehensive Annual Financial Report of the City of
Brooklyn Center for the Calendar Year Ended December 31, 2009
Requested Council Action:
— Motion to adopt resolution.
• b. Rental Dwelling License Approval for Partial Occupancy at Gateway Commons
—2900, 2904, 2908, and 2912 Northway Drive
Requested Council Action:
— Motion to approve the partial rental dwelling license.
C. Consideration of Type IV 6 -Month Provisional Rental License for 4500
Winchester Lane
Requested Council Action:
— Receive staff report.
— Motion to open hearing.
— Receive testimony from applicant.
— Motion to close hearing.
—Take action on rental license application and mitigation plan.
d. Consideration of Type IV 6 -Month Provisional Rental License for 4204
Lakebreeze Avenue
Requested Council Action:
— Receive staff report.
— Motion to open hearing.
— Receive testimony from applicant.
— Motion to close hearing.
—Take action on rental license application and mitigation plan.
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CITY COUNCIL AGENDA -3- June 28, 2010
e. Consideration of Type IV 6 -Month Provisional Rental License for 5949 Xerxes
Avenue North
Requested Council Action:
— Receive staff report.
— Motion to open hearing.
— Receive testimony from applicant.
— Motion to close hearing.
—Take action on rental license application and mitigation plan.
f. Consideration of Type IV 6 -Month Provisional Rental License for 6701 Bryant
Avenue North
Requested Council Action:
— Receive staff report.
— Motion to open hearing.
— Receive testimony from applicant.
— Motion to close hearing.
—Take action on rental license application and mitigation plan.
g. Resolution Approving a Fourth Amendment to a Development Agreement and
Certain Related Agreements Attached Thereto as Exhibits (License, Deed,
Amended Easement, Lease Amendment, and Subordination Agreements) .
Requested Council Action:
- Motion to adopted resolution.
11. Council Report
12. Adjournment
Agenda Items Tabled or Continued
An Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Sections 4.01
and 4.02
—This item was first read on April 12, 2010; was published in the official
newspaper on April 22, 2010; and the Public Hearing was continued at the May
10, 2010, meeting until such time as the Charter Commission makes its
recommendation to the City Council.
Resolution Establishing Fees for Community Garden Plots in the City of Brooklyn Center
—This item was tabled at the May 10, 2010, meeting.
EDA MEETING
City of Brooklyn Center
June 28, 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. June 14, 2010 — Regular Session
. 4. Commission Consideration Items
a. Resolution Approving a Fourth Amendment to a Development Agreement and
Certain Related Agreements Attached Thereto as Exhibits (License, Deed,
Amended Easement, Lease Amendment, and Subordination Agreements)
Requested Commission Action:
— Motion to adopt resolution.
5. Adjournment
HRA MEETING
City of Brooklyn Center
June 28, 2010 AGENDA
•
1. Call to Order
—The HRA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including HRA (Housing and Redevelopment
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 Housing and Redevelopment
Authority (HRA) 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
— Commissioners not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. December 14, 2009 — Regular Session •
4. Commission Consideration Items
a. Resolution Approving and Authorizing Execution of a License Agreement and an
Amended and Restated Parking, Access, and Pedestrian Link Easement
Agreement Between the Housing and Redevelopment Authority in and for the
City of Brooklyn Center and Brooklyn Hotel Partners, LLC
Requested Commission Action:
— Motion to adopt resolution.
5. Adjournment
•
AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
June 28, 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
PENDING LIST FOR FUTURE WORK SESSIONS
Later /Ongoing
1. Sister City Update — Curt
2. 57th and Logan Update
3. Strategic Outcome Reports
4. Prosecutor Services Contract
5. Community Schools Update
6. 2011 Brooklyn Center Celebration Update
7. Neighborhood Designations
• 8. Junk and Inoperable Vehicles Update — Back Yard Parking
9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January
10. Brookdale Mall Update
11. Joslyn/City Property Remediation Update
12. Department Year End Reports
13. Active Living Program
14. RER — Howe Fertilizer Update
15. Garbage Hauler Report
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
JUNE 14, 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 6:00 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche (arrived at 6:05 p.m.), Dan
Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works
Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel,
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, and
Carla Wirth, TimeSaver Off Site Secretarial, Inc.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Yelich requested discussion on agenda item 6c, Resolution Approving Change
Order No. 1, Improvement Project Nos. 2009 -05, 15, and 16, specifically in relation to how the
change order came about. Public Works Director /City Engineer Steve Lillehaug explained that
within a period of six months, willow tree roots caused a section of the newly paved trail to
heave, causing a significant problem. The change order was staff initiated following additional
research to determine what can prevent tree roots from heaving bituminous.
Councilmember Lasman requested discussion on agenda item 10a, Appointing Election Judges,
specifically in relation to why full -time City employees were being appointed. City Manager
Curt Boganey confirmed that the appointment includes full -time City employees, and the action
by the Council would officially designate them to carry out specific duties during the election.
Councilmember Roche arrived at 6:05 p .m.
Councilmember Ryan requested discussion on agenda item 8a, an Ordinance Relating to
Dangerous Dog Requirements, and determination of the Animal Control Review Panel whether
the incident meets the threshold of that definition. Mayor Willson pointed out that the entire
ordinance section defines a "potentially dangerous dog" and advised of the membership, role,
and authority of the Animal Control Review Panel to make this determination based on the
circumstances of the incident. Councilmember Ryan noted the requested amendment clarifies
language to conform to State statutes.
•
06/14/10 -1- DRAFT
Councilmember Yelich requested discussion on agenda item 9a, Planning Commission
Application No. 2010 -008, Site and Building Plan Approval for Gateway Commons, specifically •
in relation to the size of utility lines coming into and out of this property. Mr. Lillehaug
explained that the applicant was asked to provide calculations to verify the size of utilities and
once that information is submitted and reviewed, changes may be made, if warranted. Director
of Business and Development Eitel advised that the 8 -inch water line is for fire protection and
accommodated the original pool.
Councilmember Lasman requested the following correction to the Study Session minutes of
May 24, 2010:
Page 2, paragraph 5, last line:
Some Council Members discussed the request and indicated a preference that this type of class
remain in the educational realm rather than with the Police Department or that a better referral
system be used. The Council indicated no objection to a cursory examination as long as it does
not absorb too many City resources, if t he i dent at4ends and makes eenlme at Open Fens "
Councilmember Lasman g
requested the following correction to the Work Session minutes of
q
May 24, 2010:
Page 2 ara ra h 6 first line:
The Council asked questions of Mr. Roder. It was noted that Mr. Roder had made a
conscious decision to not pay property taxes and utilities and use income from this property to
pay a other bills. Mr. Roder stated this correct but he knew..." •
It was the majority consensus of the City Council to accept the correction the May 24, 2010,
Study Session and Work Session minutes.
MISCELLANEOUS
Councilmember Lasman presented the request of the Centennial Celebration Committee to
rename "Central Park" to "Centennial Park," which would memorialize the occasion of the
City's centennial and remove confusion with Central Park in Brooklyn Park. She cited past
precedent for changing park names.
The Council discussed the request and a majority consensus was reached to expedite the request
and refer the matter to the Park and Recreation Commission for review and recommendation at
its June 15, 2010, meeting. The Council also requested staff to schedule a discussion at an
information on costs associated with such a name change.
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upcoming Work Session and provide info
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Councilmember Lasman complimented staff on the improved demarcation of the road project to
alert drivers where to make turning movement and provide added safety.
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06/14/10
_2_ DRAFT
Councilmember Lasman asked staff to inspect the large tree limb that is extending over the
• sidewalk at Halifax and 71 Avenues North. Mr. Boganey reviewed the process for removing a
tree, if it posed an eminent safety threat, and stated a Code Enforcement Officer will inspect the
property.
Councilmember Roche presented the request of the Housing Commission Chair to amend the
April 26, 2010, Work Session minutes to provide additional clarity and assure it is not
misinterpreted that the Housing Commission Chair wanted to solicit funds. Mr. Boganey read
the referenced section of the April 26, 2010, Work Session minutes and indicated there is no
attribution to the Housing Commission Chair, just the Commission.
Councilmember Roche said he would report the information to the Housing Commission Chair.
DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS
ZONING CONSIDERATION RELATING TO FARMERS MARKETS
Mr. Eitel presented the consideration of the Planning Commission regarding amending the
zoning ordinance as it relates to farmers markets.
The Council discussed the duration of farmers markets and supported added language to specify
"during daylight hours," which would prevent the use of artificial illumination.
• Mr. Boganey stated the matter before the Council is whether it supports creating a formal
structure relating to farmers markets. Hours of operation is one of many details that can be
addressed if the Council supports developing such an ordinance.
The Council discussed each of the four policy issues put forward by the Planning Commission
and reached the following consensus:
1. Does the City Council want the Planning Commission to consider changes to the
administrative land use provisions that would allow farmers markets to operate on an
annual 30 -week permit similar to out -of -door nursery and garden center sales and
displays?
The Council supported this policy question.
2. Does the City Council want the Planning Commission to consider changes to the zoning
ordinance that would allow a farmers market to be located on a vacant commercial lot?
The Council discussed the location of commercially zoned vacant properties and it was agreed
that permission would have to be obtained from the property owner. It was acknowledged that
there is an indication of success with farmers markets when operated in conjunction with existing
retail versus operating from a vacant property.
•
06/14/10 -3- DRAFT
Mr. Eitel advised that farmers markets prefer sites with high visibility, high traffic volumes, and
ease of access. It is also beneficial if the site has another draw, such as a CUB Store, or •
destination business.
Mr. Boganey stated the consideration is for commercially zoned lots, which restricts farmers
markets to a specific zone. In addition, language can be drafted to include size parameters. He
suggested staff identify all potential vacant commercial lot locations that meet the determined
criteria on a map so the Council can determine whether some locations are not desirable.
The Council supported changes to the zoning ordinance that would allow a farmers market to be
located on a vacant commercial lot, which are less likely to impact residential lots.
ADJOURN WORK SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lasman moved and Councilmember Roche seconded to close the Work Session
at 6:45 p.m.
Motion passed unanimously.
RECONVENE WORK SESSION
Councilmember Roche moved and Councilmember Ryan seconded to reconvene the Study
Session at 6:47 p.m.
Motion passed unanimously. •
ZONING CONSIDERATION RELATING TO FARMER'S MARKETS - CONTINUED
Discussion continued related to the policy issues put forward by the Planning Commission as
follows:
3. Does the City Council want the Planning Commission to consider changes to the zoning
ordinance that would allow farmers markets to locate within zoning districts other than
commercial; such as institutional uses as government centers, regional library, schools,
religious institutions, and/or parks?
Mr. Eitel reviewed potential sites, other than commercial, and described how several
communities have tied the operation of farmers markets into other activities, such as park
programs, and tend to be more of a farmers fair, than a farmers market that sells produce. He
explained that in most cases, a fee is charged that covers out -of- pocket costs but is not enough to
cover the City's full cost.
The Council discussed the pros and cons of a municipally -run and regulated farmers market
versus allowing private enterprise to make application for farmers market sites. The Council
acknowledged that the City does not currently have enough staff to organize and operate a
farmers market and staff resources were better used to address redevelopment. .
06/14/10 4- DRAFT
The Council requested the Planning Commission draft definition criteria for "farmers market."
• 4. Does the Ci ty Council find the list of products which may be offered for sale at a farmers
market acceptable? It was noted that seven categories were listed along with an indicator
that "nothing may be sold which is prohibited under local, state, or federal law or rules."
The Council discussed the need to assure that all food products sold meet health standards for
consumption. Mr. Eitel clarified that the Planning Commission recommends the City's
administrative use permit address only the location, parking area, and to assure a safe
environment. Thus, the City would not be responsible or liable for products sold. He explained
that the applicant would be responsible to assure the market is efficiently and effectively
operated, and that all products sold meet local, State, and/or Federal laws or rules.
ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session
at 7:00 p.m.
Motion passed unanimously.
•
06/14/10 -5- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY •
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JUNE 14, 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 Kay Lasman, Tim Roche, Dan Ryan, and Mark
Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer
Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney
Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
No one wished to address the City Council. •
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:46 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Yelich requested a moment of silence and personal reflection as the Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:01 P .m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark
II I ane Public Works Dire
ctor /Ci Yelich. Also present were City Manager Curt Bog y, Director/City Engineer
g
Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney
Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. •
06/14/10 -1- DRAFT
5. PLEDGE OF ALLEGIANCE
• The Pledge of Allegiance was recited.
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6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda
and Consent Agenda, with amendments to the Study Session and Work Session minutes of
May 24, 2010, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. May 24, 2010 — Study Session
2. May 24, 2010 — Regular Session
3. May 24, 2010 — Work Session
4. June 7, 2010 — Joint Work Session with Auditor/Financial Commission
6b. LICENSES
AMUSEMENT DEVICES
Dandy Amusements International, Inc. 6420 Camden Avenue N.
GARBAGE HAULER
Allied Waste Services of North America LLC
P.O. Box 39 Circle Pines
Aspen Waste Systems, Inc. 2951 Weeks Avenue N, Minneapolis
n
Darling International, Inc. 9000382 d Avenue, Blue Earth
Randy's Environmental Services P.O. Box 169, Delano
Walters Recycling and Refuse P.O. Box 67, Circle Pines
Walz Brothers Sanitation P.O. Box 627, Maple Grove
MECHNICAL
Bob's Heating & Air 1123 W. Linden Street, Stillwater
Bonfe's Plumbing, Heating & Air 505 Randolph Avenue, St. Paul
Brooklynaire 8205 Groveland Road, Mounds
View
Dakota Mechanical of MN 575 Minnehaha Avenue W., St. Paul
Ductworks Heating & Air 6108 Olson Mem. Hwy, Golden
Valley
Edina Heating and Cooling 15753 Cedar Ridge Road, Eden
Prairie
Flare Heating and Air 9303 Plymouth Avenue, Golden
Valley
Fore Mechanical 3102103` Lane NE, Blaine
Groffs Heating and Air 3255 131 West, Rosemount
Liberty Comfort Systems 627 E. River Road, Anoka
Marsh Heating & A/C 6248 Lakeland Ave. N, Brooklyn
Park
Otsego Heating & Air 21 1 St Street NW, Osseo
Ray Welter Air Conditioning 4637 Chicago Avenue, Minneapolis
06/14/10 -2- DRAFT
Superior Heating & Air 3731 Thurston Avenue NW, Anoka
Trane 775 Vandalia Street, St. Paul •
RENTAL — STANDARDS PRIOR TO MARCH 6, 2010
INITIAL
6807 Humboldt Avenue N. #C301 Raymond Charest
RENEWAL
4408 69 Avenue N. Eugene & Diane Wright
5256 Twin Lake Blvd. E. Brian Somkhan
907 57 Avenue N. David LaFavor
421363 d Avenue N. Bryan Friendshuh
5812 Camden Avenue N. Roberto Miguel Rodriquez
5420 Girard Avenue N. Scot Sorum
4207 Lakeside Avenue #226 Beach Condominium Association
RENTAL — CURRENT STANDARDS
INITIAL — (TYPE II — two-year license)
3223 49 Avenue N. Wade Klick
5424 70 Circle John Huntley
6931 Toledo Avenue N. Jason Schubert
RENEWAL (TYPE I — three-year license)
5235 Drew Avenue N. Jay Nelson Battenberg •
5300 -04 Vincent Avenue N. Steven & Debra Elhardt
5630 Irving Avenue N. Mary Gilleshammer
RENEWAL — (TYPE II — two-year license)
5925 Washburn Avenue N. Cheng Lor
RENEWAL (TYPE III —one-year license)
4214 Lakeside Avenue James Shoultz
SIGN HANGER
L & D Sign 6045 Lake Elmo Avenue, Stillwater
6c. RESOLUTION NO. 2010 -88 APPROVING CHANGE ORDER NO. 1,
IMPROVEMENT PROJECT NOS. 2009-05,15 AND 16, CONTRACT 2009 -
B, SHINGLE CREEK PARKWAY & 69 AVENUE STREET
IMPROVEMENTS AND 2009 CITY TRAIL IMPROVEMENTS
Motion passed unanimously.
7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS
7a. RESOLUTION NO. 2010 -89 EXPRESSING RECOGNITION AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER
DWAYNE HOLMSTROM
06/14/10 -3- DRAFT
Councilmember Yelich moved and Councilmember Lasman seconded to approve
RESOLUTION NO. 2010-89 Expressing Recognition and Appreciation for the Dedicated Public
Service of Officer Dwayne Holmstrom.
Mayor Willson read a resolution of appreciation recognizing Officer Dwayne Holmstrom for
over 20 years of service to the City.
City Manager Curt Boganey stated staff's appreciation for Dwayne Holmstrom's outstanding
performance on behalf of Brooklyn Center as a member of the Police Department.
Councilmember Roche added his congratulations and wished Mr. Holmstrom, a high school
friend, an enjoyable retirement.
Motion passed unanimously.
8. PUBLIC HEARING
8a. ORDINANCE NO. 2010 -10 RELATING TO DANGEROUS DOG
REQUIREMENTS; AMENDING CITY CODE SECTION 1 -250 TO 1 -300
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance. He noted the recommended changes are necessitated by State law and address minor
• housekeeping items to assure the City's ordinance is consistent with Minnesota Statutes.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
Councilmember Roche moved and Councilmember Yelich seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Roche seconded to adopt ORDINANCE
NO. 2010 -10 Relating to Dangerous Dog Requirements; Amending City Code Section 1 -250 to
1 -300.
The Council reviewed the ordinance amendments and it was noted that should a nuisance with
barking dogs occur over the weekend, residents should call 911 with the understanding that all
emergency calls are prioritized to first address significant public safety issues. It was
acknowledged that the proposed ordinance amendments are in order to add clarification and
strengthen enforcement, which benefits all residents to assure public safety.
Motion passed unanimously.
06/14/10 -4- DRAFT
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2010 -008 SUBMITTED BY
GARY BRUMMER/GB HOMES. REQUEST FOR SITE AND BUILDING PLAN
APPROVAL FOR CONSTRUCTION OF A 6,000 SQ. FT. COMMUNITY ROOM
WITH INDOOR POOL, PARTY ROOM, EXERCISE ROOM, AND OFFICES
FOR GATEWAY COMMONS
Director of Business and Development Gary Eitel provided an overview of Planning
Commission Application No. 2010 -008, a request for site and building plan approval for
construction of a 6,000 sq. ft. community room with indoor pool, parry room, exercise room, and
offices for Gateway Commons. He advised the Planning Commission recommended approval of
the application at its May 27, 2010, meeting subject to conditions detailed in the staff report.
Mr. Eitel answered questions of the City Council regarding the repositioned gates to create a
secure environment.
Councilmember Lasman moved and Councilmember Yelich seconded to approve Planning
Commission Application No. 2010 -008 subject to the following conditions of the Planning
Commission:
1. The building plans are subject to review and approval by the Building Official with respect to
applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and approval by the •
City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits to
assure the completion of all site improvements.
4. Any outside trash disposal facilities and shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing systems to meet
NFPA standards and connected to a central monitoring device in accordance with
Chapter 5 of the city ordinances.
6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
7. B -612 curb and gutter shall be provided around all parking and driving areas.
8. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guarantee.
Motion carried unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2010-90 APPOINTING ELECTION JUDGES
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2010-90 Appointing Election Judges. •
Motion passed unanimously.
06/14/10 -5- DRAFT
10b. AMEND 2010 CITY COUNCIL MEETING SCHEDULE
• Mr. Boganey introduced the item and recommended approval of the schedule revision.
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Councilmember Lasman moved and Councilmember Roche seconded to amend the 2010 City
Council meeting schedule to change the dates of the canvass of election returns as follows:
cancel August 11, 2010, meeting; set August 13, 2010, meeting and set time of meeting at 5:00
p.m.; and, cancel November 3, 2010, meeting. The canvass of returns will be added to the
regularly scheduled November 8, 2010, meeting.
Motion passed unanimously.
10c. RESOLUTION NO. 2010 -91 AUTHORIZING TRANSFER OF FUND BALANCE
FOR CAPITAL PURPOSES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution. He advised that after the transfer is made, the general fund would remain within the
reserve policy parameter of having a balance at the close of each fiscal year of 50 -52 percent of
next year's General Fund operating budget.
Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION
NO. 2010-91 Authorizing Transfer of Fund Balance for Capital Purposes.
• Motion passed unanimously.
10d. RESOLUTION NO. 2010 -92 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN
PROPERTIES IN BROOKLYN CENTER, MINNESOTA
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution. It was noted that failure to remove the trees or to appeal this declaration can result in
the City contracting to have the diseased trees removed and placing the cost as a lien against the
property for collection with the property taxes.
Councilmember Lasman moved and Councilmember Roche seconded to approve
RESOLUTION NO. 2010 -92 Declaring a Public Nuisance and Ordering the Removal of
Diseased Trees at Certain Properties in Brooklyn Center, Minnesota.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Yelich reported on his attendance at two neighborhood meetings held on May
26, 2010, West Palmer Lake Park, and June 9, 2010, West Fire Station, that were well attended.
He encourage residents to take advantage of these opportunities to meet their neighbors and learn
. what is going on in the community.
06/14/10 -6- DRAFT
Councilmember Lasman reported on her attendance at the following:
• May 26, 2010, West Palmer Lake Park meeting.
• May 31, 2010, Memorial Day Ceremony at Mound Cemetery.
• June 5, 2010, Crime Prevention Fund Raiser at CUB.
• June 7, 2010, Budget Work Session to receive the Auditor's report.
• June 7, 2010, Centennial Celebration Committee meeting to plan the City's upcoming 100
year birthday party. She encouraged residents to keep abreast of the celebration and to attend
as many activities as possible.
• June 9, 2010, West Fire Station neighborhood meeting. Councilmember Lasman noted that
the Police Department report indicated a generalized reduction of crime in the area.
Councilmember Roche stated he had visited Mound Cemetery over Memorial Weekend, which
contains a lot of City history and is interesting to visit. He announced the June 15, 2010,
Housing Commission meeting, its efforts to find an alternative for community gardens, and its
work with Odyssey Academy. Councilmember Roche thanked the Star Tribune for its June 5,
2010, article and interview of Officer Reynolds indicating that crime prevention has paid off in
Brooklyn Center. He announced the next neighborhood gathering will be at Lions Park on
June 29, 2010, and encouraged residents to attend to learn what is going on in the community.
Councilmember Roche also announced June 24 -26, 2010, celebration of Earle Brown Days, an
annual event that is free to attend. He stated there will be fireworks on Saturday night and
encouraged residents to enjoy Oak City or Mango Tango, a new restaurant, as well as the parade
and Dudley Tournament.
Councilmember Ryan reported on his attendance at the following:
• May 26, 2010, West Palmer Lake Park neighborhood meetings, which have been a great
success in getting information out to residents.
• June 7, 2010 Joint Council Work Session with the Financial Commission to review the
auditor's report, which was most favorable to the City.
Mayor Willson reported on his attendance at the following:
• May 26, 2010, West Palmer Lake Park neighborhood meeting.
• June 1, 2010, Brooklyns Youth meeting.
• June 7, 2010, Joint meeting with the Financial Commission.
• June 10, 2010, Visit Minneapolis North Executive Board meeting.
Mayor Willson stated that on June 16, 2010, he will attend the Visit Minneapolis North quarterly
board meeting.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City
Council meeting t 7:30
g .m. p
Motion passed unanimously. •
06/14/10 -7- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
JUNE 14, 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 8:24 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers /Commissioners Kay Lasman, Tim Roche,
Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of
Business and Development Gary Eitel, Assistant City Manager/Director of Building and
Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
RECONVENE WORK SESSION
Councilmember Ryan moved and Councilmember Roche seconded to reconvene the Work
• Session at 8:24 p.m.
Motion passed unanimously.
ZONING CONSIDERATION RELATING TO FARMER'S MARKETS - CONTINUED
Discussion continued related to the policy issues put forward by the Planning Commission as
follows:
4. Does the City Council find the list of products which may be offered for sale at a
farmers market acceptable? Seven categories were listed and an indicator that
"nothing may be sold which is prohibited under local, state, or federal law or rules."
The Council addressed the likelihood of people selling live animals and whether it would be
considered acceptable by residents. Mr. Eitel stated the topic of animal sales was not addressed
by the Planning Commission. Mr. Boganey stated that language can be added to prohibit the sale
of live animals at a farmers market.
Mr. Eitel reviewed that the intent is to consider the changes to the administrative permit process
to allow the operation of a farmers market to sell fresh and organic produce, not to create a
process to operate a flea market or fair.
06/14/10 -1- DRAFT
i
The Council noted item 3 under question 4 relates to the sale of "meat, poultry, or fish" and
questioned the need for portable generators to provide refrigeration. Mr. Eitel explained it is •
assumed the items for sale would not need refrigeration and the market would be more like a
produce stand.
Mr. Boganey stated staff is not intending to make the City the regulator for any of these
activities. Rather, the zoning ordinance amendment would provide an opportunity but the City
would not become the regulator of that opportunity. Mr. Eitel explained that the farmers market
would not include the sale of consumable foods, which would require a different type of permit.
The Council indicated support of this policy question and the proposed zoning ordinance
amendment as long as the language clearly defines all regulations, that applicant is responsible
for the operation of the market, and to assure unsold produce and litter is not left on the site.
Mr. Eitel advised that the Planning Commission indicated interest in reviewing the site plan for
30 -week permit applications and making a recommendation to the City Council. He indicated
that this ordinance amendment will be presented to the Council by the end of July, following the
Planning Commission public hearing.
RECORDING OF WORK SESSIONS — COUNCILMEMBER YELICH
Councilmember Yelich presented the inquiry he received to record and broadcast Work Sessions
and suggested doing so may improve communications with residents and transparency in
decision making. He referenced staff's cost estimate of $2,000 per year and stated the intent is to •
provide better communication and inform citizens about what items are coming up on future
agendas.
The Council noted that Work Session items are oftentimes discussed during the Study Session.
Mr. Boganey advised that recording the Study Session may alter the cost estimate. In addition,
the cable representative indicated including the Study Session, which starts at 6 p.m., may create
some issues with staffing.
During discussion, each Council Member stated their position regarding this request.
Councilmember Lasman noted this is not the first time such a request has been made. She
pointed out that once Study Session and miscellaneous items are completed, Work Session items
are discussed prior to the regular Council meeting, which makes effective use of the
Councilmember's time and is considerate of those who have full -time jobs. It is her preference
to not record Work Sessions so the meeting format can remain informal with less regard for
decorum and the Members can freely offer comments, ask questions, brainstorm, and discuss
what comes to mind. In addition, recording the Study Sessions and Work Sessions would impact
the City's budget.
Councilmember Roche stated he does not support recording Work Sessions, which he finds to be
the most rewarding and educational because that is when he can ask questions of staff and
formulate his position. He noted he is newly elected and as such, casually formatted Work .
06/14/10 -2- DRAFT
Sessions allow him to ask questions, make mistakes, and feel part of the team. He questioned the
• number of people making this inquiry and noted the Work Sessions are open to the public.
Councilmember Roche stated his focus is that the Council has a town to run and he wants
broadcast meetings to reinforce the Council's sense of organization and ability to deliver, not
necessarily the debate on how the Council got to that point.
Councilmember Ryan expressed concern that comments made on Work Session items during an
unrecorded Study Session may be being taken out of context. He noted that comments,
questions, and answers made during Work Session debates may not be entirely factual and
corrected once researched. However, this would not be apparent to the viewer of a Work Session
broadcast. He stated he does not support the broadcast of Work Sessions because he would be
reluctant to raise some questions if he was not entirely sure he was citing the exact language or
State Statute. He stated he does support open communication and transparency and the public is
always welcome to attend. In addition, broadcasting Work Sessions would increase costs and the
budget is already challenged.
Mayor Willson presented a mock agenda that would start the regular Council meeting at 6:30
p.m. and reorder discussion of all Work Session items to follow the regular Council meeting,
noting this would assure flow of the broadcast. He indicated there is a misperception that the
Council makes its decisions during Work Sessions and only takes the final vote at the regular
meeting, so broadcasting Work Sessions would address that perception.
Mr. Boganey advised there is no legal requirement to broadcast meetings, but it was the policy
• decision of the Council to do so. He noted that decisions made at the regular Council meeting are
based on vetted information; however, that may not be the case during Work Session
discussions.
Councilmember Yelich questioned why Members would be less candid if the meeting is
broadcast since all meetings are open to the public. He was unsure that was a reasonable
argument against broadcasting Work Sessions.
The Council discussed that 6:00 p.m. Study Sessions were initiated to provide newly elected
Members with additional information and the ability to ask questions off camera. The meeting
procedure has now evolved to hold a Study Session at 6:00 p.m. to discuss items on that night's
agenda and miscellaneous items and a Work Session following the Council meeting.
The Council and staff discussed when the Work Session agenda was completed and timing to
make it available to the public. Mr. Boganey stated staff could prepare the Work Session agenda
by the Wednesday before the meeting date and broadcast it on Government Access Channel 16
so it is easily and readily available to residents. It was pointed out that this procedure provides
advanced notification and transparency without added expense. To alert residents of this
advanced posting, it was suggested that Mayor Willson make an announcement at the close of
the regular meetings and that an article be included in the City's newsletter.
Mayor Willson polled the Council. Councilmembers Lasman, Roche, and Ryan indicated they
. did not support a change in policy to broadcast Work Session meetings.
06/14/10 -3- DRAFT
Councilmember Yelich indicated that while residents may still want Work Sessions broadcast, he
believes this is a step in the right direction to provide advanced notice and transparency.
Work Session agendas on
u f the City Council was to direct staff to post upcoming
The consens s o ty p g
Government Access Channel 16.
ADJOURNMENT
Councilmember /Commissioner Ryan moved and Councilmember /Commissioner Lasman
seconded adjournment of the City Council/Economic Development Authority Work Session at
9:30 p.m.
Motion passed unanimously.
•
06/14/10 -4- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
JOINT WORK SESSION WITH FINANCIAL COMMISSION
JUNE 21, 2010
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and
the session was called to order by Mayor Tim Willson at 6:31 p.m.
ROLL CALL
Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich.
Also present: City Manager Curt Boganey, Fiscal and Support Services Director Dan Jordet, and
Deputy City Clerk Maria Rosenbaum.
Others present were Financial Commissioners Rex Newman. Commissioners Dan Schueller
arrived at 6:37 p.m. and Susan Shogren Smith arrived at 6:40 p.m.
• BUDGET PREPARATION OVERVIEW
City Manager Curt Boganey discussed that this evening is a kick off to help with the development of
the budget preparation and that information will be provided regarding the taxes related to all the
State changes. He informed that he would like to begin prioritizing and focus on the highest
priorities and outlined a calendar of future budget meetings. If there were no changes to the calendar
being presented it was recommended that the budget planning process would continue as planned.
There were no changes requested at this time.
REVENUE OPTIONS AND TARGETS
Fiscal and Support Services Dan Jordet outlined a PowerPoint Presentation regarding the Revenue
and Option Targets for the 2011 Budget. Included with this material were the Legislative actions,
the Local Government Aid and Market Value Home Stead Credit options, 2011 Property Tax Levy
Alternatives as of June 18, 2010, Estimated Market Values by Group, Tax Capacities by Group,
Residential Taxes Payable comparisons, and a Revenue Sources Model for the General Fund.
OVERALL STRATEGIC OBJECTIVES
City Manager Boganey distributed a Strategic Plan Worksheet and a Strategic Plan Desired Outcome
Ranking Worksheet and asked that the City Council and Financial Commissioners rank their highest
priorities from one to ten, with one being the highest and ten being the lowest.
06/21/10 -1- DRAFT
Once these worksheets have been completed, he would like to review the results and determine
which Strategic Goals are the highest priorities. The City Council and Financial Commissioners .
were given time to complete their rankings and in conclusion the following Strategic Goals were
considered to have high priorities:
Strategic Goal 1 Desired Outcome 1. The threat and fear of real or perceived crime
among citizens and others will be greatly reduced.
Strategic Goal 2 Desired Outcome 2. "Opportunity Site" redevelopment will
commence.
Desired Outcome 3. EDA owned properties redevelopment will
proceed expeditiously.
Strategic Goal 3 Desired Outcome 2. Owners and occupants of housing in residential
neighborhoods will comply with City codes and regulations which will
be adequate to assure a safe well maintained and attractive community.
Desired Outcome 4. Problems associated with foreclosures will be
dramatically reduced or eliminated.
Strategic Goal 4 Desired Outcome 2. Youth will be adequately served by recreation
and educational programs and activities. •
Strategic Goal 5 Desired Outcome 1. City Government buildings, major equipment and
other physical assets of the City will be maintained and improved.
Desired Outcome 2. Neighborhood streets and utilities will be
maintained and improved.
NEXT STEPS
City Manager Boganey discussed that staff will move forward with these eight priorities being
focused on for budget planning purposes.
ADJOURNMENT
Councilmember Roche moved and Councilmember Lasman seconded to adjourn the Work Session
at 8:29 p.m. Motion passed unanimously.
i
06/21/10 -2- DRAFT
City'Council Agenda Item No. 6b
•
•
COUNCIL ITEM MEMORANDUM
DATE: June 22, 2010
• Curt Bo ane City Manager
TO. g y, y g
FROM: Maria Rosenbaum, Deputy City Clerk
SUBJECT: Licenses for City Council Approval
Recommendation:
It is recommended that the City :Council consider approval of the following licenses at its June
28, 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.
AMUSEMENT DEVICES
Theisen Vending Company 2335 Nevada Avenue N, Golden Valley
GARBAGE HAULER
Budget Waste Systems, Inc. 3516 East Lake Street, Minneapolis
Jate Mites, Inc. 8289 Mississippi Blvd, Coon Rapids
Sanimax USA Inc. 505 Hardman Avenue, South St. Paul "
T & L Sanitation Service P.O. Box 49695, Blaine
Waste Management — Blaine 10050 Naples Street NE, Blaine
MECHANICAL
BFS Heating & Cooling 4732 Beard Avenue S, Minneapolis
RENTAL
See attached reports.
SIGN HANGER
Install This Awning & Sign 4835 Lyndale Avenue N, Minneapolis
Budget Issues:
There are no budget issues to consider.
Mission: Ensuring an attractive, clean, safe conuruiniy that enhances the quality of life and preserves the public trust
Ingo M O N;
Rental Standards Prior to March 6, 2010
1701 69
t Ave
N
Earle Brown Farm Apts 4 Bldgs 38
Passed with Weather Deferral 120 units Renewal Earle Brown Farm Apts (.32 per unit) OK OK
5931 Halifax PI ISingle Family lRenewal lierilou Wiedmeyer 0 OK OK
Current Rental Standards
°a
6201 Lilac Dr N 1 Bldg
Crossings at Brookwood Estates 73 Units Renewal Lang Nelson Associates 20 I 1 1 OK OK
6125 Lilac Dr N 1 Bldg
Crossings at Brookwod Manor 65 Units Renewal Lang Nelson Associates 11 I 1 I OK OK
824 69th Ave N Two Family (1) Renewal Madeleine Roche 0 1 0 1 OK OK
3819 61st Ave N Single Family Initial Fred Hanus 0 II 0 II OK OK
5413 70th Cir N Single Family Initial William Hall 8 III 0 III OK OK
3413 62nd Ave N Single Family Renewal Lee Mixson 3 II 0 II OK OK
5200 63rd Ave N Single Family Renewal Evaristus Ejimadu 0 1 0 1 OK OK
6137 Lee Ave N Single Family Renewal Ben Cleve Dossman IV 0 1 0 1 OK OK
7025 Logan Ave N Single Family Renewal Justin McGinty 4 II 0 II OK OK
7030 Newton Ave N Single Family Renewal Malcolm Vinger II 2 II 0 11 OK OK
4937 Zenith Ave N Single Family lRenewal IJames Maciazka 0 1 0 1 OK OK
* CFS = Calls For Service
** Final License Type
Type 1 = 3 year
Type II = 2 year
Type III =1 year
Type IV = 6 mos
City Council Agenda Item No. 6c
•
COUNCIL ITEM MEMORANDUM
• DATE: June 21, 2010
TO: Curt Boganey, City Manager
FROM: Sharon Knutson City Clerk
SUBJECT: Resolution Appointing Additional Election Judges
Recommendation:
It is recommended that the City p Council consider adoption of a Resolution Appointing
Additional Election Judges.
Background:
Minnesota State Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the
governing body at least 25 days before the election at which the election judges will serve,
except that the City Council may appoint additional election judges within the 25 days before the
election if the City Council determines that additional election judges will be required. A
resolution is included that lists additional individuals who have applied to serve as an election
judge for the 2010 elections.
• 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
Member introduced the following resolution and moved
its adoption: •
RESOLUTION NO.
I
RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES
WHEREAS, a State Primary Election will be held August 10, 2010, and a State
General Election will be held November 2, 2010; and
WHEREAS, Minn. Stat. 204B.21, subd. 2, requires that persons serving as election
judges be appointed by the City Council at least 25 days before the election at which the election
judges will serve, except that the City Council may appoint additional election judges within the 25
days before the election if the City Council determines that additional election judges will be
required.
BE IT RESOLVED by the City Council of the City of Brooklyn Center that the
individuals named below and on file in the office of the City Clerk be appointed to perform the
duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election
judges.
BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make
any substitutions or additions as deemed necessary. .
Rachel Corley
Eileen Cushing
Genevieve Jam
June 28, 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. 6d
•
•
COUNCIL ITEM MEMORANDUM
• DATE: June 23, 2010
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works /City Engineer
SUBJECT: Resolution Approving Change Order No. 2, 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 $1,025.75 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. Change
Order No. 1 was approved on February 22, 2010. The following represents additional work
performed by Excel Companies, Inc., and is included in Change Order No. 2 that is
recommended to amend the Contract to complete the project.
1. Lift Station No. 2 — Revise and resize the ventilation louvers. Additional Cost: $1,025.75
• TOTAL Change Order 2: $1,025.75
There is no revision to the completion date warranted by this change.
Budget Issues:
The attached resolution authorizes Change Order No. 2 for Project No. 2009 -21, 2009 Capital
Maintenance Building Plan in the amount of $1,025.75. The original contract amount was
$202,900. Change Order No. 1 (previously approved, $3,464.20) and Change Order No. 2
increases the contract amount by 2.2 percent to $207,389.95.
Council Goals:
Strategic:
5. We will continue to maintain and upgrade City infrastructure improvements
•
Mission: Ensturia,, an attractive, clean, sale coaunttnitV that enhances the qualit ofh/e and prescrves thepuhlic trust
Member introduced the following resolution and moved its •
adoption:
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 2, 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. 2 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. 2 in the amount of $1,025.75 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
Change Order No. 2 $ 1,025.75
Revised Contract Amount $ 207,389.95 •
June 28, 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: June 28, 2010
TO: Curt Bo ane City Manager
g Y� tY g
t
FROM: Vickie SchleuningyXlsistant City Manager/Director of Building & Community
Standards
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
Recommendation:
It is recommended that the City Council declare a public nuisance and order the removal of
diseased trees for certain properties as listed in the resolution.
Background:
The attached resolution represents the official Council action required to expedite removal of
diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center
• has maintained a policy of removing and properly disposing of diseased trees in order to prevent
tree diseases from spreading throughout the community. The removal of diseased trees is
defined in City Ordinance Chapter 20 -301to 20 -306. Although the city has historically focused
on Dutch Elm disease, other transmissible diseases and infestations are addressed as well.
Property owners are given the opportunity to remove the diseased tree on their own or enter an
agreement to allow the city to remove the diseased tree. Where an agreement with the property
owner is executed, a minimal administrative charge of $50 is applied to the costs associated with
the tree removal.
After a diseased tree is declared a public nuisance by the City Council, another Compliance
Notice will be provided to the property owner allowing additional time, at least five days, for
voluntary correction, again providing an option for an agreement with the City. If the property
owner does not correct the violation or enter an agreement, the city will remove the diseased tree.
An administrative abatement service charge will be charged based on the cost of the abatement,
with a minimum charge of $150.
Budget Issues:
The City's share of the cost of removal for diseased trees within the public right -of -way and on
City property is included in the 2010 budget under the Public Works Forestry operating budget.
The cost of removal for diseased trees located on private property is the responsibility of the
• respective property owner, and if unpaid, is specially assessed to the property.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Council Goals:
Strategic: We will respond to increased public awareness and interest in environmental
sustainability and green community issues
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves thepublic trust
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN
BROOKLYN CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased
tree a public nuisance and provides for abatement by the City if not corrected by the property
owner; and
WHEREAS, removal of diseased trees and abatement of the public nuisances is
necessary to prevent the spread of tree diseases and to protect the environmental quality and
desirability of neighborhoods; and
WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal
Agreement has been issued to the owners of certain properties in the City of Brooklyn Center
giving the owners twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by
declaring them a public nuisance.
i NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
1. The diseased trees at the following addresses are hereby declared to be a public
I
nuisance.
Property Owner Property Address Tree Type and No.
JAMD Properties, LLC 902 53` Ave N Elm —No. 12
Kevin D Frenning 5713 James Ave N Elm —No. 14
Gina Whittaker 5511 Emerson Ave N Elm —No. 15
Howard J Pieri 5945 Admiral Lane Elm — No. 16
Michael Gonzales 5825 Pearson Dr Elm - No. 17
John B Lachance 6912 Halifax Ave N Elm — No. 20
2. After twenty (20) days from the date of the initial notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to contest
the determination of the City Council by requesting, in writing, a hearing. Said
request shall be filed with the City Clerk.
•
RESOLUTION NO.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall
be removed by the City. The cost of abatement shall be recorded and become the
personal responsibility of the owner of record. If unpaid, the costs shall be
specially assessed to the property in accordance with city codes and Minnesota
Statutes Chapter 429.
June 28, 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. 6f
•
COUNCIL ITEM MEMORANDUM
. DATE: June 23, 2010
TO: Curt Boganey, City Manager
FROM: Kevin Benner, Interim Chief of Police
SUBJECT: COPS Secure Our Schools Program (SOS) Grant Approval
Recommendation:
It is recommended that the City Council consider approval/adoption of the application for the
Secure Our Schools grant for 2011/2012.
Background:
The Secure Our Schools grant is being offered by the US Department of Justice and is offering
up to $500,000 of security updates for school safety. The grant focuses on community policing,
and requires that the school work collaboratively with local law enforcement to be considered for
funding. The grant requires local law enforcement to be the applicant and be responsible for the
program implementation. If awarded the grant, a local 50% cash match is required towards the
total project cost. The Brooklyn Center High School has agreed to pay all required matching
funds, and the city would have no financial considerations.
The grant application proposes to upgrade the existing camera system at Brooklyn Center high
School and install a new camera system at Earle Brown Elementary. Also included in the grant
application is the funding of a panic alarm in the school front offices.
The grant application is requesting $100,000 for the upgrades, and the Independent School
District #286 will pay the $100,000 cash match.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
1. We will ensure a safe and secure community
Ongoing:
1. We will provide streamlined, cost effective, quality services with limited resources
i
Alr3.sion. En. urhig aarr rrrttaattrt e. clew 1 , s € t.rrtnrraarrnrrt- rhal enhances s the quality taf'Ilfi= Land preser +yes drepubfic trust
City Council Agenda Item No. 6g
•
•
COUNCIL ITEM MEMORANDUM
• DATE: June 28, 2010
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning,Assistant City Manager/Director of Building and Community
Standards Department
SUBJECT: Resolution Authorizing An Abatement of Public Nuisance at 5337 Lyndale
Avenue North, Brooklyn Center, MN
Recommendation:
It is recommended that the City Council consider approval of a resolution authorizing the
abatement of certain public nuisance conditions existing at 5337 Lyndale Avenue North,
Brooklyn Center, Minnesota.
Background:
Brooklyn Center Ordinance Section 7 -105 prescribes a process for the City to abate an
accumulation of refuse from a property if a resolution is approved by council. The property at
5337 Lyndale Ave N has been determined to be in violation of Chapter 7.
The City has received complaints regarding the property at 5337 Lyndale Ave N. The City has
attempted to gain voluntary compliance for the junk and debris stored outside; however, the
property remains in violation. The property owner was provided an initial Compliance Notice on
May 17, 2010, and notified on subsequent occasions of city code requirements. However, the
property owner has not brought the property into compliance. The property is currently in
foreclosure with the redemption period scheduled to expire on September 11, 2010.
In this situation a City - facilitated abatement is considered the most effective option to achieve
compliance and eliminate the nuisance to the neighborhood. Other code violations exist on the
property, including an enforcement action in process regarding a junk/inoperable vehicle.
Budget Issues:
The costs of abatements, including administrative service charges, are specially assessed back to
the property if unpaid.
Council Goals:
Strategic:
1. We will ensure a safe and secure community
3. We will stabilize and improve residential neighborhoods
Attachments:
Summary of activities related to this violation
Photos
Copy of abatement order
. Resolution
M ission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Attachment I: •
Summary of activities related to this violation
Date Action Notes �71
05/17/2010 Complaint A complaint was received regarding garbage and
debris at the pro
05/17/2010 Inspection The inspector inspected the property and the junk
and debris violations were present at the pro
05/17/2010 1 s ' Notice A notice was issued requesting the violations be
corrected.
05/24/2010 Inspection The inspection noted the violations remained at
the property. The inspector attempted to speak to
the occupants, however there was no answer.
05/24/2010 2" Notice A second notice was issued requesting that the
violations be corrected.
06/02/2010 Inspection The inspection noted the violations remained at
the property. The inspector attempted to speak to
the occupants, however there was no answer.
06/02/2010 Door A notice was left at the door requesting that the
Notice violations be corrected.
06/09/2010 Verbal Inspector spoke Spanish to the occupants and
Warning gave a warning regarding the violations.
06/14/2010 Abatement The inspector mailed and posted abatement order.
order
06/21/2010 Inspection Inspection noted that the property remained in
violation.
•
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Attachment III: Abatement Order
�` •
City Of
Building and Community S
XBrooklynCenter
x wyv.crtvp b,2gklyncerr erw
6M I Shinile Cieek Parkway Brooklyn Center. Minnesota 55430 -21W Phone 763.569.3334 TTY.' oicc 711 Fax 763.569.3360
* oLS400*
611 V2 010 ABATEME
NOTICE
.lose Contreras Vazuec Request No, 10.015400
5337 L.yndale Ave l
Brooklyn Center MN 55430
RE: Property located at 5337 Lyndale Ave N, Brooklyn Center, Minnesota
PID: 01- I M21 -43 -0417
Dear S r .Madam:
An inspcctiori of your property an May 17, 2010 has revealed the following violation(s) of the Brooklyn Center City Code!
which must be corrected as l'ctllows:
ACCUMULATION OF REFUSE: City Code 5iection 7. 105 Health, Garbage, and Sanitation). Any
accumulation of refuse not stored in containers or any accumulation of refuse on any premise for more than one
week is a public nuisance. •
•
Remove bags of leaves and debris in back yard and by garage.
Section 19- 103.4 Accumulation of rubbislVbrushfdebri:s- Please remove all rubbish, brush and/or debris
from property and dispose of appropriately.
A fol low -up inspection will be conducted on or shortly after Monday, tune. 21, 2010, ' if the violations are not corrected, thi
matter will be heard before thr City Council at the regularly schedule! Council meeting on Monday, June 29, 2010
commencing at 7 :00 p.>tt, to consider abatement by the City. The City Council mectingwill tie held at City Hall, 6301
Shingle Creels Parkway, Brooklyn Center. (]ether legal action in the form of fines, abatement, and/or formal court action
may also he taken.
Abat!tM If lime refuse; junk, and other debris is not removed and properly disposed of by
the aforementioned dater the city wil l complete the necessary work to bring the property into compliance with city codes.
The costs, including administrative charges, will be the responsibility of the property owner, and if unpaid, will be special]
assessed to the property in accordance with M.S, 429 et. seq.
Your cooperation in this matter is greatly appreciated. It should be a mutual goal to maintain a clean, sate, and attractive
environment. If you have questions regarding this Notice, please call me at (763) 569-3315.
Sincerely,
Scott Sadusky
•
Code Enforcement Inspector
ok1 ter Building and Comrnunit}° Standards
B ro WWW.ertr-a aadyjTCenter..�ir
• 6301 SA is Crack PWIWOY, Brookl Yn Ceater, Mirm to 55434 -2149 Phote,763.569.3 330 TTYNoice 711 Fax 763,569.3360
"
6114010 ABATEMENT
NOTICE
5°337 Lyndale Ave N
Brooklyn Center MN 55431} itequest No. l4-Q I �4t}Q
RE: Property located at 5337 Lynda.le Ave X, Brooklym Center, Minnesota
PID: 01-118-21-
Dear Sir /Madam:
An inspection of your pfoperty on May 17,20 10 has revealed the following violation(s) of the Brooklyn Center City Code:
which must be corrected as follows
+ ACCIJMULA.T ON OF REFUSE: (City Code Section 7.105 Health, Garbage, and Sanitation). Any
accumulation of refuse not stated in containers or any accumulation of refuse on any premise for more than one
week is a public nuisance.
« Remarve bags of leaves and debris in back y a rd and by garage
• Section 14 -1513 A Accumulation of rubbishfbrushldebris - Please remove all rubbish, brunt an6or debt is
from property and dispose of appropriately.
A follow -up inspection will be conducted on or shortly afttr Monday, .tune 23, 2010. ff the violations are not corrected, thi
matter will be heard before the City Council at the regularly scheduled Council meeting on Monday, 3unc 29, 2010
commencing at 7:00 p,m, to consider abatement by the City, The City Council mcedng will be held at City Nall, 6301
Shingle Creek Parkway, Brooklyn Center. Qdw legal action in the form of fides, abatement, andlvt formal court action
may also be taken
Abatement by C'i K_Qf Q gQkb•n :eater. If the refuse, junk and other debris is not t'enloved and properly disposed of by
the al'urcmentioned date, the city will complete the necessary work to brief, the property into compliance with city cues.
The costs, including administrative charges, will be the responsibility ofthe property owner, and if unpaid, will be special[
assessed to the property in accordance with M.S. 429 et. seq.
Your cooperation in this matter is greatly appreciated.. It should be a mutual goal to maintain a dean, safe, and attractive
environment. If you have questions regarding this Notice, please call meat (763) 569.3315•
Sincerely,
10
. Scott Saduslcy
Code Enforccment Inspector
adoption; Member introduced the following resolution and moved its •
RESOLUTION NO.
RESOLUTION ORDERING THE ABATEMENT OF CERTAIN NUISANCE
CONDITIONS EXISTING AT 5337 LYNDALE AVENUE N, BROOKLYN
CENTER, MINNESOTA
WHEREAS, Brooklyn Center City Code Section 7 -105 declares any
accumulation of refuse more than one (1) week as a public nuisance and provides for abatement
by the City if not corrected by the property owner; and
WHEREAS, correction of hazardous conditions and the abatement of public
nuisances is necessary protect the health safe and welfare of the public b elimination of
�'Y p � safety p Y
dangerous conditions, attractive nuisances and for the elimination of harborage for vermin, rats
and other animals that may pose a danger to the public safety and health thereby providing for
more sanitary and safe conditions and to further protect the integrity and desirability of
neighborhoods; and
WHEREAS, the Building & Community Standards Department has inspected the
following property on the dates listed:
Pro a Inspection Dates •
5337 Lyndale Ave N 06/21/2010
Brooklyn Center, MN 06/14/2010
06/09/2010
06/02/2010
05/24/2010
WHEREAS, nuisance conditions were observed on this property at the time of
inspection, and a Compliance Notice was given to the properly owner, and occupant if different
than the owner, in erson or mail; and
1' Y
WHEREAS, a written report has been filed detailing the findings as a result of the
inspections and these findings have been conveyed to the City Council; and
WHEREAS, after notice given in accordance with Brooklyn Center City Code,
Section 7 -105, the owner of the Property has been given an opportunity to be heard; and
WHEREAS, the City Council finds and declares the property listed above to be in
violation of Ordinance 7 -105 and constitute a public nuisance because of the accumulation of
junk and debris such as, leaf bags, garbage, furniture, carpeting, etc.
RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that:
1. The City Manager is hereby authorized to abate the Nuisance Conditions on the
property listed above using city personnel and equipment or by private contract.
2. The cost of abatement shall be recorded and become the personal responsibility of
the owner of record. If unpaid, the costs shall be specially assessed to the
property in accordance with Section 7 -105 and Minnesota Statutes Chapter 429.
June 28, 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. 7a
June 28, 2010
Dear Brooklyn Center Mayor, Council Members and City Manager,
My name is Sharon Kephart; I am the Brooklyn Center representative for the
Northwest Hennepin Human Services Council Advisory Commission. I'm sorry I'm
not able to be present at the meeting tonight. My presence is required at a
funeral of an extended family member. I have enjoyed learning about the work
the r o mmi cci O n is doing and as an Advisr%ry Commission member ber I l ook for,elnrr4
Y /JVI IIIIJJI 1 111 1 VVU1 W
to working on programs and ways to benefit our city, the residents and the
communities surrounding us. This committee meets monthly to discuss issues
facing human service needs in our community and it's great to see our shared
resources providing services to residence in Brooklyn Center and Northwest
Hennepin County. It's been my pleasure to serve on this committee. Thank you
for the opportunity to service my community.
Sincerely,
ja�� 44;��
Sharon Kephart,
513065 th Ave. N.
Brooklyn Center, MN. 55429
763 -533 -1110
III
The 0
-AT BROOKWOOD
To Brooklyn Center City Council Members,
Good evening, my name is Jesse Gully and I work for the Crossings at
Brookwood here in Brooklyn Center. I am sorry I am not able to attend tonight
but I did want to share a couple of items with you. My company works directly
with about 600 of seniors in this community and about 2500 seniors in other
communities. I have been on Northwest Hennepin Human Services Council's
Senior Leadership Committee since January when the committee opened
membership to senior providers. This new structure has provided me with an
opportunity to hear issues affecting seniors across the region which helps me
serve my residents better. As a member of this committee it is also my
responsibility to provide expertise on senior related topics for members to bring
back to the community. This year we assisted with the Senior Spring Forum.
The event was a huge success and had approximately 150 seniors participating.
1 look forward to the continued success of this committee and it has been a
pleasure serving.
Sincerely,
Jesse Gully
The Crossings at Brookwood
763- 561 -7405
bwmanager @lanel.com
r ` NORTHWEST HENNEPIN HUMAN SERVICES .COUNCIL
im Research, Planning, and Coordination of Human Services
• 2009 NWHHSC Contributions to the City Of Brooklyn Center
MISSION: Research, Planning, and Coordination of Human Services Networks for the
Northwest Hennepin member cities in the Joint Powers Agreement: Brooklyn Center,
Brooklyn Park, Champlin, Corcoran, Crystal, Golden Valley, Hanover, Maple Grove, New
Hope, Osseo, and Rogers.
NWHHSC creates connections between government, non - profit, education, faith and business
sectors and residents, as well as across systems and cultures, to:
• Develop local research data and give the big picture regionally
• Connect people to resources to focus on prevention and early intervention
• Improve delivery of and access to services regionally
• Increase community engagement and outreach to improve appropriate referrals
• Build community and organizational capacity to maximize resources
• Help develop cost- effective solutions to avoid duplication of services
• Pilot new ways to deliver culturally affirming community-based services
• Provide inter - agency professional development on key issues and trends
• Engage in cross - sector dialogue and joint planning to develop collaborative strategies
• Increase regional knowledge of services through searchable website at www.nwhhsc.orq
NWHHSC Total Funding for 2009: $1,936,820
2009 Funding NWHHSC received from Hennepin County Contracts: $824,750
2009 Funding NWHHSC received from State Contracts: $677,262
2009 Funding NWHHSC received from Federal Contracts: $224,907
2009 Funding NWHHSC received from Member Municipalities: $108,058
2009 Funding NWHHSC received from Grants and Contributions: $101,843
• NWHHSC received funding from Brooklyn Center: $12,182
2009 Emergency Services used by Brooklyn Center residents: $12,177+ 163 people rec'd gas cards +
$1,800 in free Car Care Saturday assistance for residents
TOTAL Assistance Brooklyn Center received through all programs was $167,354= $13.73 for every $1
RESEARCH PLANNING COORDINATION
• Regional Community • Citizen Advisory Commission reviewed • Emergency Services Program
Assessment research reports and helped develop • Domestic Violence Prevention
• Global Neighbors Report: Community Assessment scope and Network
Diverse Populations in NW questions • Car Care Saturday
Hennepin • Senior Leadership Committee . Communities Empowering
• Immigration population data • Emergency Services Network — Youth Capacity- Building
• Emergency assistance Emergency Resource Folders for Program
services eligibility service residents affected by foreclosure • Joint Community Police
area maps for area providers • Tobacco -Free Youth surveyed stores Partnership
• Document need for mental and planned peer leadership project • Regional Senior Forum
health services at food activities • NW Hennepin Early Childhood
shelves to write a grant • Early Childhood /Parent Education with Network
• Community Profile new immigrants . Working Toward Success
• NW Guide to Human Services • Community resource brochures in resources for area businesses
and updated on searchable multiple languages . NW Faith Collaborative
website • New Neighbors Network with West • Tobacco -Free Youth
• Collect and disseminate Africans . Network 4 Youth Northwest
secondary data • Healthy Together Northwest focus on . SE Asians Living Chemically
• MN Data Center Affiliate for diverse opportunities for education, Free
local public access to Census employment and entrepreneurship . Widowed Persons Services
Bureau data • Capacity - building tools for nonprofit NW newsletter
organizations
Northwest Hennepin Human Services Council
Research, Planning and Coordination
Brooklyn Center
Community Profile 2010
The information in this report is the most recent data available and comes from a variety of sources, including
the U.S. Census 2000, the Minnesota Department of Employment and Economic Development, Hennepin
County's Human Services and Public Health Department and the Metropolitan Council. A complete list of
sources is included at the end of the publication.
Northwest Hennepin Cities' Population
1 *Brooklyn Park 75,156
434 Plymouth 71,536
*Ma le Grove 59,932
r. Champlin 23,983
6 *Crystal 22,167
7 *New Hoe 20,860
8 *Golden Valley 20,326
9 Robbinsdale 13,598
10 Rogers 7,200
11 *Corcoran 5,774
12 Dayton 4,973
13 Hassan 2,672
14 *Osseo 2,465
15 *Hanover (Henn. Co.) 559
*Member City of Northwest Hennepin Human Services Council
t ___ Table of Contents
Population 2
Natality 3
Children and Youth 4
Seniors 5
Race, Language and Ethnicity 6
Poverty 8
Employment 9
Housing 10
Sources 11
Brooklyn Center ° Brooklyn Park , Corcoran , Crystal ° Golden Valley ° Hanover f Maple Grove « New Hope a Osseo
Northwest Hennepin Human Services Council
' Research, Planning and Coordination
Brooklyn Center 2010 Profile
Vin, 3
\ , x
'" '•' " ' gvw M'
'r -.
r.
Brooklyn Center
Population Estimates 2000 -2008
31,000
s ` The most recent estimated population of
30,000'
Brooklyn Center (2008) was 30,330, a 4%
29,000 _ increase since 2000. Brooklyn Center is
the fourth largest city in the Northwest
28,000 Hennepin region.
p ,
27,000 '
26,000
2000 2001 2002 2003 2004 2005 2006 2007 2008
Source: Metropolitan Council
Brooklyn Center
i
Population Forecasts 2010 -2030
31,000
The population in Brooklyn Center is
projected to increase to 29,500 by 2010, or
about 6% since 2000. The population is
projected to continue to increase to 30,500
by 2020 and then to decrease to 29,500 by
2030.
29,(}00
2010 2020 2030
Source: Metropolitan Council
Brooklyn Center
Household Estimates 2000 -2008
11,500;
11,400 There were an estimated 11,250 households in
Brooklyn Center in 2008, a 2% decrease since
11,300 2000.
11,200
11,100
11,000'
2000 2001 2002 2003 2004 2005 2006 2007 2008
Source: Metropolitan Council
Brooklyn Center ° Brooklyn Park ® Corcoran - Crystal GnS7en Valley Hanover Maple Grove New Hope Osseo
SIMI Northwest Hennepin Human Services Council
Research, Planning and Coordination
Brooklyn Center 2010 Profile
U.
Total Births in Brooklyn Center 2000 -2008
There was a total of 601 births in Brooklyn
700 : Center in 2008, a decrease of 8% from
<` � 2007. There was an average of 529 births
soo per year in Brooklyn Center between 2000
500'
and 2008.
400
300
200
2000 2001 2002 2003 2004 2005 2006 2007 2008
Source: Hennepin County Human Services and Public Health
Department Teenage Births in Brooklyn Center 2000 -2008
i
In 2008, 77 Brooklyn Center teenagers
gave birth. This marked a 10% decrease
in births to teenage mothers from 2007. 75
An average of 64 teenagers gave birth
each year in Brooklyn Center between 50 k
2000 and 2008.
25
2000 2001 2002 2003 2004 2005 2006 2007 2008
Source: Hennepin County Human Services and Public Health Department
Total Number of Births in Brooklyn Center Compared with
Births by Teenage Mothers
750 L
�a Since 2000, teenage mothers in Brooklyn
b a , Center have made up between 11 -13% of
600 ~
the total number of births.
450
Teenage Births
300. — + — T'ota; birth
150
0
2000 2001 2002 2003 2004 2005 2006 2007 2008
Source: Hennepin County Human Services and Public Health Department
3
Brooklyn Center « Brooklyn Park ® Corcoran ° Crystal t Golden Valley m Hanover g Maple Grove New Hope ^ Osseo
Northwest Hennepin Human Services Council
' Research, Planning and Coordination
Brooklyn Center 2010 Profile
Brooklyn Center Youth (19 years and younger) as a
Percentage of all Residents
2006 -2008`
Under 5 years
2,356
8% 5 to 9 years The American Community Survey
2.251 estimates that, in 2008, there were 8,885
Residents 20 s °'° children and youth age 19 and under in
Years and 10 to 14 years Brooklyn Center; this is 30% of the
Older 2.135 population.
20,796 7 %
70%
15 to 19 years
2,113
7%
Source: US Census Bureau, American Community Survey 2006 -2008
Hennepin County Youth (19 years and younger) as a
Percentage of all Residents The American Community Survey
2006 - 2008# Under 5 years
80.0o6 estimates that there are 295,799 youth
7% (age 19 and under) in Hennepin County.
5 to 9 years
Residents 20 68, 71-1 Brooklyn Center had slightly more youth as
Years and 6 % a percentage of the total population than
Older 10 to 14 years Hennepin County during the same
836,798 73,127 sampling time frame.
74% 6°1°
\ 15 to 19 years 'The American Community Survey uses a three
sampling methodology in determining a one -year
73,957 population estimate.
7%
Source: U.S. Census Bureau, American Community Survey, 2006 -2008
Type of Childcare Provider 2009 2010 Change
As of June 2010 Brooklyn Center had 6
Childcare Centers 7 6 -1 Childcare centers and 47 family childcare
facilities, a decrease from 2009.
Family Childcare Homes 53 47 -6
Source: MN Department of Human Services, data retrieved June
2009 and June 2010.
4
Brooklyn Center = Brooklyn Park t Corcoran Crystal Golden Valley v Hanover Maple Grove Y New Hope = Osseo
�
Services Council
.101 Northwest Hennepin Human Research, Planning and Coordination
Brooklyn Center 2O1OProfile
Percentage of Senior Citizens in Brooklyn Center
�
The /\nlerkcon Community Survey
est that there are 3.776 res
Residents 64 Residents 65 age O5 years and older in Brooklyn Center;
Years and Years and this im13% of the total population.
Older
Younger 3,776
25,875 13%
�
Source: U.S. Census Bureau, American Communi Survey, 200e-2008
Percentage of Senior Citizens in Hennepin County
The American Community 3unxay
estimates that there are 123.467 resident
Residents 65 age 05 years and older in Hennepin
and Over County; this is11%of the total population.
Rest of 123,467
Population 11% *The American Community Survey uses athree
samp ling methodol m determining oone
89% 1 1 population estimate.
Source: U.S. Census Bureau, American Community Survey, xoo6-zona
�
Brooklyn Center ` Brooklyn Park ~ Corcoran ~ Crystal ` Golden Valley Hanover ^ Maple Grove ^ New Hope ^Osseo
Northwest Hennepin Human Services Council
' Research, Planning and Coordination
Brooklyn Center 2010 Profile
{/.�ity.' 3 ■/g�� ` - Y ■■ /�.
h r�:a
'f Ly
V
Brooklyn Center Population by Race According to the American Community
Zoos -loos* Black o n Surv estimates, Brooklyn Center
_ A, rican Y y
American, residents identify as:
7,624.26°/0 16,231 White,
Amrerican 7,624 Black or African American,
Indian and 3,252 Asian or Pacific Islander,
White, 16,231, a Alaska Native, 1,073 two or more races,
54% ; N 492,2% 979 some other race, and
\Asian, 3,252, i 492 American Indian
11 °ra
*The American Community Survey uses a three -year
Tw o or more Some other sampling methodology in determining a one -year
races, 1,073, race, 979. 3% population estimate.
4%
Source: U.S. Census Bureau, American Community Survey, 2006 -2008
According to the 2009 -2010 school records from
Brooklyn Center School Enrollment by Race and the Minnesota Department of Education, schools
Ethnicity 2009 -2010 located in Brooklyn Center (not limited to
Brooklyn Center School District) had 37 %
White American (1,464) Black students, 29% (1,116) White
11116 x,70 n students, 16% (618) Hispanic students, 16%
29% 2% (617) Asian Pack Islander students and 2%
Asian Pacifi (70) American Indian students.
Islander
617 Schools located in Brooklyn Center:
16 Brooklyn Center Secondary
Black Hispanic Earle Brown Elementary
1,464 fi Evergreen Park Elementary
37% 16 % Garden City Elementary
Insight School of Minnesota
Joy in Leaming Academy
Northport Elementary
Source: Minnesota Department of Education Willow Lane Early Childhood Special Education
6
Brooklyn Center , Brooklyn Park - Corcoran Crystal Goiden Valley Hanover u Maple Grove ° New Hope - Osseo
I Northwest Hennepin Human Services Council
Research, Planning and Coordination
Brooklyn Center 2010 Profile
`a a�
090 a.tiry €m ,... E i�a +' i,.., r L a 4 �a s
" N '
SIR,
�: -.... , - ... , v. , og � -^C. s , •13 ,. € . y a ..... �. ' �.U���......u....i_ ,.,;�s Efi�.�x� , b a „ .,.?r� . *�.�ry .
Brooklyn Center is home to many people from diverse backgrounds, including immigrants and refugees. It is
difficult to accurately estimate non - English speaking populations, in part because many members of these
communities were born in the U.S. and are native English speakers. While data on primary home
languages cannot provide an exact count of the number of immigrants in a city, it does provide a tool to
estimate the size of immigrant communities and help locate these communities geographically.
Total English and Non - English Primary Home Brooklyn Center is served by the Anoka -
Language Speakers in School Districts Serving Hennepin, Brooklyn Center, Osseo, and
Brooklyn center 2008-2009 Robbinsdale School Districts. 16% of students in
these school districts speak a language other
than English at home.
English Non- English
62,585 11,838 58 different primary home languages were
84% 16% reported in the Anoka - Hennepin School District,
25 in the Brooklyn Center School District, 57 in
the Osseo School District and 46 languages in
the Robbinsdale School District.
Source: Minnesota Department of Education Top Five Non - English Primary Home Languages
Spoken in School Districts Serving Brooklyn Center
2008 -2009
Russian
612 Vietnamese
Of the top five non - English primary home Hmong 7°i° 782
languages spoken by students in the Anoka- 2,954 s%
Hennepin, Brooklyn Center, Osseo, and 34 Krio
Robbinsdale School Districts, Spanish is the .._> 510
most prevalent (36 %). The Hmong language 6%
was the second most prevalent language, Spanish . English 3,008 Creolized
comprising 34 %• 36°i° 700
8%
Non- English Language Spoken at Home in School Districts Source: Minnesota Department of Education
Serving Brooklyn Center The school districts that serve Brooklyn
School Year 2008 -2009
Other Non_F.nglisr, Center have similar non - English languages
100% j o English Creolized spoken at home, with a few exceptions.
90% O Krio Anoka- Hennepin School District has a
80% o Viietname._ large population of Krio speaking students
70 °i° o Russ and a small percentage of students
t Hmong
60% speaking English Creolized, unlike the other
50% 0 Spanish school districts that have a large percentage
40% of students reporting English Creolized as
30% their primary home language spoken.
20%
10% Spanish students (3,008) and Hmong
0% students (2,954) are the most prevalent
Anoka- Brooklyn Osseo Robbinsdale Total non - English primary home language in
Hennepin Center Public Public school districts serving Brooklyn Center.
Public School School School
School District District District
District
Source: Minnesota Department of Education 7
Brooklyn Center ° Brooklyn Park �, Corcoran , Crystal 9 Golden Valley ^ Hanover * Maple Grove r New Hope > Osseo
,' Northwest Hennepin Human Services Council
' Research, Planning and Coordination
Brooklyn Center 2010 Profile
ro .: tYr q� v
qua 3 •Ss. rS " I13 is
Percentage of Brooklyn Center Residents Whose According to the American Community
Income was Below the Poverty Line in the Past 12 Survey (2006- 2008) 3 ,884 residents of
Months Brooklyn Center lived below the poverty
level; this is 13% of the estimated
Above Below Poverty population.
Poverty Line Line
25,767 3 8g4 The federal poverty level for a family of four was $20,000 in
87% 13% 2006 and $21,200 in 2008.
Total population is an estimate based on American
Community Survey data.
I
J
Source: US Census Bureau, American Community Survey, 2006 -2008
A student is eligible for the Free and Reduced Price Meals Program in public school based on his /her family's
income. A household income must be below 130% of the federal poverty level ($28,665) for a family of four,
to qualify for free meals and below 185% ($40,793) of poverty for reduced meals. Rates are from July 1,
2009 through June 30, 2010.
Among the four public elementary schools in Brooklyn Center, Northport (77.6 %) and Garden City (76.7 %)
had the highest number of students eligible for free or reduced price meals. Evergreen Park had the lowest
percentage (61 %) of students eligible. All four elementary schools experienced an increase in the percentage
of students eligible for the Free and Reduced Price Meals Program from 2008 -09 to the 2009 -2010 school
year.
Percent of Students Eligible for Free or Reduced Meals in Public Elementary Schools in Brooklyn
Center
School Years
2007 -2008, 2008 -2009, and 2009 -2010
70.6%
Garden City Elementay
69 7%
Northport Elementary
Earle Brown Elementary '
... .
4'lr 2007 -2008
Evergreen Park Elementary
■ 2008 -2009
m 2009-2010
0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0%
Source: Minnesota Department of Education
Brooklyn Center + Brooklyn Park Corcoran Crystal Golden Valley - Hanover - Maple Grove fr New Hope , Osseo
Northwest Hennepin Human Services Council
' Research, Planning and Coordination
Brooklyn Center 2010 Profile
.•a r ! ;ESA ry,' - rh.; ry y';3 a }� ' y,,�'``f3; :, n " - a� v F z%�j z:, u ; , -.
i".�
Employment statistics from the Minnesota Department of Employment and Economic Development are based
on results from monthly surveys of households around the state conducted by the Bureau of Labor Statistics
and the Census Bureau. Average employment is the average number of city residents who are employed for
pay or who did 15 or more hours unpaid work for a family business during the survey week.
Brooklyn Center Average Annual Labor Force
2000 -2010* According to the Minnesota Department of
16,000 Employment and Economic Development,
��� x'' average annual employment (not
15,500 seasonally adjusted) for 2009 in Brooklyn
: .
15 ,000 �j. Center was 13,603. This is a decrease of
'�F �
14,500 3.17% from 2008.
y fns
14,000 �3 *2010 average only through April
13,500 r
13,000
I N
12,500
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Source: Minnesota Department of Employment and Economic Average Unemployment for Brooklyn Center
Development Residents
The unemployment rate of a city is the percentage 2000 - 2009;
of the city's labor force who do not have a jab, 12.0%
have actively looked for work in the prior four
weeks and are currently available for work. It does 10.0 °i°
not include people who wanted and were available
for work and had looked for a job sometime in the $ °% 5
past year, but not in the past four weeks. The 6.0 °i° �. .
average annual unemployment rate for Brooklyn
Center (not seasonally adjusted) was 9.9% in 4.0 °i° x: m
2009, an increase of 48.4% since 2008.
2.0 ° /°
*2010 average only through April s
2000 2001 2002 2003 2004 2005 2006 2007 2008 20092010*
Average Unemployment Rate for Hennepin County
and Brooklyn Center Source: Minnesota Department of Employment and Economic
2000 - 2010* Development
12.0% Brooklyn Center's 2009 average annual unemployment
°
j rate (9.9 %) (not seasonally adjusted), was higher than that
10.0% � of Hennepin County's (7.4 %) rate as a whole.
8.0%
6.0% ', Brooklyn Center and Hennepin County's average
4.o °i°
unemployment rates have increased since 2006.
2.0 °i° a *2010 average only through April
j
0.0 °i° F....
ry0 0� � ry0 X0 0 0 ry0 0� 4 X0 0 6 ry0 0� X000 ryoog 4 ~ �
Source: Minnesota Department of Employment and Economic Development
9
Brooklyn Center ^ Brooklyn Park ® Corcoran .. Crystal , golden Valley ° Hanover Maple Grove % New Hope ° Osseo
Northwest Hennepin Human Services Counc
W IN
Research, Planning and Coordination
Brooklyn Center 2010 Profile
IN
[ 11 " ', W4
I � K 'S"
Like other cities in Hennepin County, Brooklyn Center has been impacted by the sub-ohnne mortgage crisis.
Over the past twenty-seven months (January 2008 - March 2010), the foreclosure trend in Brooklyn Center is
slightly downward. In 2008, Brooklyn Center ranked second in the number of foreclosures (439) in the North-
west Hennepin County region. In 2089. Brooklyn Center had 300 forec|oaureu, ranking 2nd in the Northwest
Hennepin County region.
Total Monthly Housing Foreclosures for Brooklyn Center
10 MORE I MIM-111
LL 2
ca co
Trend line
Source: Hennepin County s»onfro Foreclosure List
Cities in Northwest Hennepin Cities in Northwest Hennepin
County With the Most County With the Most
Foreclosures |m2OO8 Foreclosures im2UOS
Number of Rank city Number of
Rank City Foreclosures Foreclosures
1 Brooklyn Park 745
� 3 3 Maple Grove 281 . 3 Maple Grove 202
4 Crystal 179 4 Plymouth 176
5 Plymouth 162 5 Crystal 134
6 Champlin 154 6 Champlin 119
7 Robbinsdale 106 7 New Hope 82
8 New Hope 90 8 Robbinsdale 80
9 Rogers 80 9 Rogers 62
10 Golden Valley 74 10 Golden Valley 55
11 Corcoran 19 11 Dayton 18
12 Dayton 19 12 Osseo 17
13 Osseo 16 13 Corcoran 13
14 Hassan 10 14 Hassan 1 7
�
�
Source: Hennepin County nhomrx Foreclosure mst Source: Hennepin County Sheriffs Foreclosure List
Brooklyn Center - Brooklyn Park , Corcoran Crystal Gc0den Valley ' Hanover Maple Grove - New Hope , Osseo
m
Northwest Hennepin Human Services Council
Research, Planning and Coordination
Brooklyn Center 2010 Profile
fi �r t zY t,� ns -'t W
� h3 ?>,
w
This report is a periodical publication of the Northwest Hennepin Human Services Council. It contains the
latest statistics on demography, housing, income /poverty, economic assistance, and community services.
Data were collected from the following sources:
Hennepin County Assessor's Office
Hennepin County Human Services and Public Health Department
Hennepin County Sheriffs Foreclosure List
Metropolitan Council
Minnesota Childcare Resource and Referral Network
Minnesota Department of Education
Minnesota Department of Employment and Economic Development
Minnesota Department of Human Services
Minnesota State Demographer
U.S. Census Bureau
Please note: Some data cannot be updated due to the frequency of data collection, particularly demographic
data from the Census. Please contact Northwest Hennepin Human Services Council if you would like 2000
Census data sets.
Questions about Community Profiles should be addressed to:
Research Coordinator
Northwest Hennepin Human Services Council
6120 Earle Brown Drive, Suite 230
Brooklyn Center, Minnesota 55430
Phone: (763) 503 -2520
Fax: (763) 503 -2510
E -mail: info @nwhhsc.org
www.nwhhsc.org
t�
Brooklyn Center m Brooklyn Park a Corcoran Crystal Golden Valley Hanover Maple Grove New Hope @ Osseo
City Council Agenda Item No. 10a
City Council Agenda Item Memorandum
DATE: 22 June 2010
• TO: Curt Boganey, City Manager
FROM: Daniel Jordet, Director of Fiscal & Support Services
SUBJECT: 2009 Comprehensive Annual Financial Report (CA
Recommendation: It is recommended that the City Council adopt a resolution
accepting the 2009 Comprehensive Annual Financial Report.
Background: On Monday evening, 7 June 2010, the City Council and Financial
Commission met in a joint working session to hear from Jim Eichten of Malloy,
Montague, Karnowski, Radosevich & Co., the City's auditors, about the results of their
audit of our financial statements for the period ended 31 December 2009. This
assembly of financial statements and data is known as the Comprehensive Annual
Financial Report or 2009 CAFR. During the session Mr. Eichten reviewed the purpose of
the audit process and the results of his firm's work on the 2009 CAFR review.
Most importantly, the City received an unqualified opinion on the presentation of the
2009 financial information, also known as a clean opinion. This indicates that the
accounting and reporting systems for the City conform in all material aspects to the
regulations and practices of the Government Finance Officers Association, the
Government Accounting Standards Board, and generally accepted accounting principles.
• Supplemental opinions on Legal Compliance with State of Minnesota regulations and
Internal Control and Operational issues revealed some adjustments that should be made
to our financial data collection and reporting system. In addition, two comments were
made about the City's system of internal controls over financial transactions that will be
addressed in 2010. The comments /findings can be summarized as follows:
• Continuation of invoice and journal entry review to assure proper presentation of
financial data up to the start of the on -site financial audit.
• Management staff should regularly review and sign off on payroll transactions.
Both issues have been addressed since the audit consultation and should not appear in
future audit reviews.
In all, we believe the 2009 CAFR preparation and audit went quite well for Brooklyn
Center. The information in the report reveals a City in good financial condition that
should continue to monitor itself carefully to insure its continued fiscal responsibility.
The attached resolution ratifies the work done by City staff and accepts the 2009 CAFR,
Audit Opinion, and related materials.
Budget Issues:
The information from the 2009 CAFR will be used in preparing forecasts and projects for
• future budgets. However, the 2009 CAFR has no direct impact on the budget.
Member introduced the following resolution and moved
its adoption: •
RESOLUTION NO.
RESOLUTION ADOPTING COMPREHENSIVE ANNUAL
FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR
THE CALENDAR YEAR ENDED DECEMBER 31, 2009
WHEREAS, the City of Brooklyn Center is required by State Statute and
City Charter to annually produce financial statements for submission to the Office of the
State Auditor by June 30 each year; and
WHEREAS, the City of Brooklyn Center is required to provide an
auditor's opinion as to the representations in the annual financial statements; and
WHEREAS, the financial statements have been audited by the
independent CPA firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. as
required; and
WHEREAS, Malloy, Montague, Karnowski, Radosevich & Co., P.A.
opined that the general purpose financial statements present fairly, in all material
respects, the financial position of the City of Brooklyn Center as of December 31, 2009.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the Comprehensive Annual Financial Report for the City of
Brooklyn Center for the calendar year ended December 31, 2009, and all supporting
documentation, is hereby adopted as the official financial record for the 2009 fiscal year.
June 28, 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. 10b
COUNCIL ITEM MEMORANDUM
• DATE: June 22, 2010
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
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 2834 and 2838 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 June 7, 2010, Gary Brummer, owner of Gateway Commons, submitted an application for
rental dwelling license and paid the $832 license fee for two buildings located at 2834 and 2838
Northway Drive. Taxes and utilities are current.
• Buildin g Y Official Gar Gilpin continues to work closely with Gary Brummer inspecting the units
and buildings. The inspection has passed for these buildings and all license requirements have
been met, as well as requirements of Resolution No. 2010 -28.
Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
1. We will stabilize and improve residential neighborhoods
Mission Ensuring an attractive, cleats, safe community that enhances the quality, of life and preserves the pultlic, trust
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 -2834 AND 2900-
2940 NORTHWAY DRIVE
WHEREAS, the rental license for the apartments at 2802 -2834 and 2900 -294Q
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 -2834 and 2900- 2940 Drive known as
Gateway Commons, in accordance with the conditions outlined in Exhibit A
February 8 2010 1 e:f � -r
Date Mayor
ATTEST: " 4 —Mm��
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 Rohce,.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
• Commons Partial Property Gateway p m/ License
• The City Council will consider issuing a two year license for partial
occupancy subject to all of the following conditions being met.
• The license fee will be prorated based on the fee in effect at the time of
occupancy approval.
• The first approval (Buildings 2940 ,2928,2924,2936,2932,2920,29 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
• o All occupied units must meet housing code standards
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.
City Council Agenda Item No. 10c
COUNCIL ITEM MEMORANDUM
. DATE: June 28, 2010
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6 -Month Provisional Rental License for 4500 Winchester Lane
Recommendation:
It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month
Provisional Rental License and Mitigation Plan for 4500 Winchester Lane. If the Council
chooses to not issue the license, it is recommended that the motion be to direct staff to prepare
proposed findings for denial of the rental license and draft said resolution for the next Council
meeting.
Background:
This property is applying for a new rental license. It is the first rental property to qualify for a
Type IV provisional rental license under the new rental license program, based on the number of
property code violations found during the initial rental license inspection. Staff from
Administration, Building & Community Standards and Police Departments met with the property
owner regarding the mitigation plan, which requires Phase I, II and III of the Crime Free
• Housing Program, and other items included by city ordinance for a Type IV License. In this
case, with exception of the attendance at the rental managers meetings, the property owner has
met the conditions of the ordinance and Mitigation Plan. Therefore, staff is recommending
approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please
refer to the attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
04 -12 -10 Daniel Pettit applied for initial rental dwelling license for 4500 Winchester Lane,
a single- family residential property
04 -20 -10 Initial rental inspection conducted (10 orders cited, see attached rental criteria)
04 -20 -10 Second rental inspection passed (Property passed reinspection later the same day
of the initial inspection)
05 -14 -10 Letter sent to roe owner notifying of qualification for Type IV 6 -Month
p p rty
fY g q Yp
Provisional Rental License, including the additional requirements to obtain a
rental license (submit mitigation plan, completion of Phases 1, II, and III of Crime
Free Housing Program, etc.)
05 -28 -10 Assistant City Manager/Director of Building and Community Standards Vickie
Schleuning and Building Official Gary Gilpin met with owner and reviewed
mitigation plan requirements
06 -17 -10 Mitigation Plan finalized
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
If approved, after six months, a new rental license will be required. The license process will
begin in approximately four months. The new license will be based on the property code
violations found during the .initial renewal license inspection and the number of validated police
calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the
mitigation plan must also be met. Section 12 -913 pertaining to Type IV Provisional Chapter 12-
Excerpt from Chanter 12 of City Code of Ordinances:
Section 12 -913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section .12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all •
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing.. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month. •
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
• Budget Issues:
There are no budget issues to consider.
Council Goals:
Strategic:
We will stabilize and improve residential neighborhoods
Attachment
- Mitigation Plan
- Rental Criteria
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
City of Brooklyn Center Phone: 763 -569 -3300
6301 Shingle Creek Parkway TTY voice 711
Far 763-569-3494
MN 55430 -2199
Brooklyn Center, wwwcityothrooklyncenterorg
Rental License Mitigation Plan
(Type N Provisional)
Property Address: 4500 R'in¢chester: Lane, Brooklyn Center, MN
Owner Name: W Daniel Pettit Local Agent: Same as Owner
In accordance with the City of Brooklyn Center's Rental Housing Ordinance Chapter 12 -910, the
above referenced property qualifies for a Type IV Rental License based on property code and
nuisance violations and/or excessive police calls. A Mitigation Plan must be developed and
reviewed by City Staff before the rental license application can be presented to the City Council
to consider approval of a rental license. A Mitigation Plan provides an opportunity for the.
property owner/agent and the City to review property concerns and identify possible solutions in
order to improve the overall condition and livability of the property. The City Council will
consider the following Mitigation Plan as part of the rental license approval process.
NUtiza Plan
Condition Date 7Date
Completed or •
Not Applicable
(N /A)"
CFHP phase L
For license categories other than Type L, an owner, manager, or,
I, cal _agen.. responsible - for the operation of the rental.prope ty
must_camplete the Phase I training of the .Crime Free Housing
Program. or a similar course approved by the City .Manager.
Certificat<on as a rental property manager may also satisfy this
iaquirement. Phase I includes the following
a. Attend an eight -hour crime -free housing course presented 04-22 -2010
by police, fire, public housing and others.
(Submit certificate to City.)
b. Use a written lease including the Minnesota Crime Free 06 -01 -10
Housing Lease Addendum.
(Submit copy to City)
c. Check the criminal, background of all prospective tenants 06 -10-10
and, upon request, provide a copy of Third Party
Background Check procedures for Tenants.
Page 1 of 3
d. Actively pursue the eviction of tenants who violate the Ongoing
terms of the lease and/or the Crime Free Lease Addendum.
(Provide documentation if applicable.)
CFE[ P Phase 11L , Includes Phase I plus-the following:
a. Complete a Security Assessment through City Police 06 -08 -10
Department. Security
Assessment
Completed
b. Complete the recommended security improvements. This
phase will certify that the rental property has met the
security requirements for the tenant's safety.
List of recommended improvements: Confirmed:
• Strike plates with four three inch screws added to both front 06 -17 -10
and back door.
• 180 degree eye viewers added to the back door. 06 -17 -10
• Trimming of the bushes in the front of the home. 06 -17 -10
• Window locking/alarm added to the windows. 06 -17 -10
CFHP: Phase M. Includes Phases I and 11 plus the following.
! a. For properties with more than four units, conduct resident N/A
training annually for the residents where crime watch and
crime prevention tech ni ues are discussed.
b. For properties with more than four units, hold regular NIA
resident meetings.
c. Have no City Code violations that were not resolved in Ongoing
accordance with compliance orders within the past year,
CFJgP'Phase III AKX Meeting_ Attendance
a. Attend a minimum of 50 of Owners/Managers July 8, 2010
Association Meetings for Type IV License. Sept 9, 2010.
(Dates and Times to Attend) Nov 18, 2010
Other Corrective Actions Specific to Property .
a. Completion of property code compliance orders 04-20 -2010
(day of
inspe ction )
b. Establish maintenance plan and long term capital
improvements
Items replaced/repaired or scheduled All completed
- New water heater installed 10 -2008
- New fiunace 05 -2010 Plumbing,
- Central air installed 05 -2010 Mechanical,
- Painted all interior walls, doors and trim 042010 Electrical
• - Painted exterior of house and (siding fascia and I inspected and
Page 2 of 3
_ 1
approved 06 6 -
soffit 04 2010 pp
- New kitchen cabinets and counter tops 04 -2010 10
- New electric stovetoven 11 -2008
-New dishwasher 11 -2008
- Water softener installed 06 -2010
c. Plan to reduce number of calls for police and fire service No police call
history at this
time- new license
'd. Any additional steps to improve conditions and N/A
management of property
e. Any other relevant information N/A
- Owner states drives by propeffty min 2 time//month
-Owner states speaks with renter min. 1 time/month
- Owner has Home Service Plus contract through 04/2011
If the Type IV Rental License is approved by the City Council, the Licensee must comply with
the approved Mitigation Plan and all applicable city codes. No later than the 10" of each
calendar month, the licensee must mail or deliver to the Building & Community Standards
Department a written report describing all steps taken to comply with the Mitigation Plan.
Owner or Agent Signature / Tie Date •
04A.11, L *77
Additional Owner or Agent Signature / Title Date
(If applicable)
Poli Department / Title Date
A17 /0'
&Comm tandards
Depmt6KnfMitle bate
Page 3 of 3
•
City of
X.BrooHyv Center- www.cityojbrooklyncenter.org
6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199
Phone 763.569.3300 TTY/Voice 711 Fax 763.569.3494
Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or renewal
license inspection or for a category verification inspection, along with excessive validated police service
calls occurring over a year. License categories are performance based and more accurately depict the
condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the
property to ensure category conditions are met. License fees do not include reinspection fees, late fees,
charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
• The licensee or designated agent must meet the category conditions in the time period specified by the
City. A licensee must meet all original conditions required by the License Category, even if a
subsequent license category is achieved.
4. License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code violations
per unit identified during the licensing inspection or category verification inspection. Property
code violations for purposes of determining licensing categories shall include violations of
property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local
ordinances. The City may, upon complaints or reasonable concerns that the establishment no
longer complies with the license category criteria, perform a category verification inspection to
the same standards as the license renewal inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In cases
where 100% of the units are not inspected, the minim inspection standards will be
established as follows:
• At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Page 1 of 2
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations per
(Based on Property Inspected Unit
Code Only)
Type I— 3 Year 1-2 units 0-1
Type II — 2 Year 1 -2 units Greater than 1 but not more than 4
.:�
7-111 W ,11 , 11 71 1"I ' ll
Type III —1 Year 1 -2 units Greater than 4 but not more than 8
Type IV — 6 Months 1 -2 units Greater than 8
is a :
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per year.
Police incidences for purposes of dete licensing categories shall include disorderly
activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in
the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,
burglary, theft, auto theft and arson. •
Calls will not be counted for purposes of determining licensing categories where the victim and
suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota
Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as
defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a).
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
(Calls Per Unit/Year)
No Category 1-2 0-1
Impact nom, a`
5 or more units 0 -0.35
Decrease 1 1 -2 Greater than 1 but not more than 3
Cate orY e_,
g K �.
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories MEMO ON W
5 or more units Greater than 0.50
Mission: Ensuring 'an attractive, clean, safe community that enhances the quality of life and preserves the public trust
Page 2 of 2
City Council Agenda Item No. lOd
COUNCIL ITEM MEMORANDUM
DATE: June 28, 2010
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6 -Month Provisional Rental License for 4204 Lakebreeze Avenue
Recommendation:
It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month
Provisional Rental License and mitigation plan for 4204 Lakebreeze Avenue. If the Council
chooses to not issue the license, it is recommended that the motion be to direct staff to prepare
proposed findings for denial of the rental license and draft said resolution for the next Council
meeting.
Background:
This owner is applying for a new rental license. This property qualifies for a Type IV provisional
rental license, based on the number of property code violations found during the initial rental
license inspection. Staff from Administration, Building & Community Standards and Police
Departments worked with the property owner regarding a mitigation plan, which requires Phase
P p p Y g g g p
q
1, II and III of the Crime Free Housing Program, and other items included by City ordinance for a
. Type IV License. A Mitigation Plan has been developed addressing the requirements of the
ordinance and any issues specific to the property. Therefore, staff is recommending approval of
the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the
attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
05 -10 -10 Andrew Hardacre applied for initial rental dwelling license for 4204 Lakebreeze
Avenue, a four -plex residential property.
05 -18 -10 Initial rental inspection conducted (5.25 violations per unit were cited, see
attached rental criteria)
06 -01 -10 Second rental inspection passed, with three weather /time deferrals given
06 -04 -10 Letter to owners notifying of qualification for Type IV 6 -Month Provisional
Rental License, including additional requirements to obtain a rental license
(submit mitigation plan, completion of Phases I, 11, and III of Crime Free Housing
Program, etc.)
06 -23 -10 Mitigation Plan finalized
If approved, after six months, a new rental license will be required. The license process will
begin in approximately four months. The new license will be based on the property code
violations found during the initial renewal license inspection and the number of validated police
calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the
mitigation plan must also be met. Section 12 -913 pertaining to Type IV Provisional Chapter 12-
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Excerpt from Chapter 12 of City Code of Ordinances: •
Section 12 -913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in .lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an •
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
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
COUNCIL ITEM MEMORANDUM
• Council Goals:
Strategic:
We will stabilize and improve residential neighborhoods
Attachment
- Mitigation Plan
- Rental Criteria
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
•
Rental License Mitigation Plan
(Type IV Provisional License)
Property Address: 4204 Lakebreeze Avenue North j
Owner Name. Andrew Hardacre Local Agent: same as owner
In accordance with the City of Brooklyn Center's Rental Housing Ordinance Chapter 12-
910, the above referenced property qualifies for a Type IV Rental License based on
property code and nuisance violations and/or excessive police calls. A Ivfitigation Plan
must be developed and reviewed by City Staff before the rental license application can be
presented to the City Council to consider approval of a rental license. A Mitigation PIan
provides an opportunity for the property owner /agent and the City to review property
concerns and identify possible solutions in order to improve the overall condition and
livability of the property. The City Council will consider the following Mitigation Plan as
part of the rental license approval process.
ltitigation Plan
Condition 1?ate Completed or Not If not completed, Required
A plicable N/A � Completion Date
`�
A ." W'i'x-,�
fi, 3, x€
t
i y
�E
a. Attend an eight hour I will plan to attend the crime
crime -free housing course free house course by
presented by police, fire. August 15th and submit
public housing and certificate to City upon
others. (Submit completion. 4
certificate to
City.) Notes: }
b. Use a written lease I Each and event' tenant will
including the Minnesota need to sign and agree to
Crime Free Housing terns in the MN Crime
Lease Addendum. Free Housing Lease
(Submit copy to Addendum. Addendum
City) Notes: used will be from City
_ website.
I am utilizing C. Check the criminal the services of
v
•
background of all Tenant Check based in St.
prospective ective tenants and,
Paul
to do 5 Check
Service" for each tenant
upon request, provide a application - Credit
copy of Third Party
Background Check Report, Eviction Check, I
procedures for I Employment Verification,
Tenants. Notes: { Landlord/Rental
Reference,
IIII CountylState«ide
f Criminal and sex offender
search. Quality of the
individual and income are
key criteria for
consideration.
d. Actively pursue the I will be aggressive in dealing
eviction of tenants who j ` with tenants that break a
violate flee terms of the E I terms of the Lease and
lease and/or the Crime � Crime Free addendum
Free Lease Addendum. and also late pays to
(Provide documentation maintain high standard €o
residing is. Hope
if applicable.) Notes: tenants res
A arbments.
IT
Lill
a. Complete a Security
r Have contacted Becky at
Assessment through Ciq Crime Prevention.
security Assessment
Department. f
Police De
p scheduled for June 24 m at
: f
Notes 8:30 am.
b. Complete the To be determined based on
recommended security security assessment
improvements. This findings. Will complete
phase will certify that the security improvements in
rental property has met I next 30 days.
the security requirements
for the tenant's safety.
(List of recommended !
improvements and
accomplish dates)
Notes:
:
i y' va o,•" r�'( n ,n`r �'?�"' x , r .. i #, w,,
a. For properties with more Not applicable.
than four units, conduct
resident training annually
for the residents where
crime watch and crime
prevention techniques are I
•
discussed. i
Notes:
b. For properties with more Not applicable.
than four units, hold
regular resident meetings.
Notes:
c. Have no City Code Not applicable to the best
violations that were not of my knowledge.
resolved in accordance
with compliance orders III
within the past year_
Notes:
befirii
a Attend a minimum of Will attend three ARM
50% of Owners/Managers meetings in the next 6
Association Meetings months-
(ARM).
(Dates and Times to
Attend)
Notes:
a. Completion of property None outstanding to best of my
f code compliance knowledge, i
orders Notes:
b. Establish maintenance Every unit wwcompletely
plan and long term capital renovated - new carpet,
improvements (List new paint, new floors, {�
items reportedly updated appliances.
replaced/repaired or j Broken windows were
I scheduled) Notes: repaircd. Blinds replaced.
3 Exterior and curb appeal
was improved with
removal of volunteer
trees, weeding, regular
lawn maintenance.
According to inspection
roof has over five years.
Plan to complete exterior
painting of stucco and all
windows in next 12- 1 S
months.
I c. Plan to reduce number of The tenant screening process
t calls for police and fire will help in
service Notes: reducing/eliminating
policafirc calls. In
addition, under my
ownership compared to
p revious owner who was
•
•
not actively involved or
present at building
regularly will also reduce
the calls.
d. Any additional steps to Plan to he visible to my
improve conditions and tenants by being at
j management of property building regularly, always
Notes: reachable and show
care /compassion/interest in
i the lives of m • tenants.
e. Other relevant information
Notes:
If the Type IV Rental License is approved by the City Council, the Licensee must comply
with the approved Mitigation Plan and all applicable city codes. No later than the le of
each calendar month, the licensee must mail or deliver to the Building & Community
Standards Department a written report describing all steps taken to comply with the
Mitigation Plan.
w � ard b A3 /tr A �a� �A— /
• Owner or Agent Name Signatur Date
(Please Print)
Additional Owner or Agent Name Signature Date
(Please Print)
V
'P ice Department / Title Dat
ng & C , 06unity Standards Department /Title Date
Form 06162010
•
City of -j OQ� h Center- www.cityojbrooklyncenter.org
6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199
Phone 763.569.3300 M/Voice 711 Fax 763.569.3494
Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or renewal
license inspection or for a category verification inspection, along with excessive validated police service
calls occurring over a year. License categories are performance based and more accurately depict the
condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the
property to ensure category conditions are met. License fees do not include reinspection fees, late fees,
charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
The licensee or designated agent must meet the category conditions in the time period specified by the
City. A licensee must meet all original conditions required by the License Category, even if a
subsequent license category is achieved.
4. License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code violations
per unit identified during the licensing inspection or category verification inspection. Property
code violations for purposes of dete licensing categories shall include violations of
property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local
ordinances. The City may, upon complaints or reasonable concerns that the establishment no
longer complies with the license category criteria, perform a category verification inspection to
the same standards as the license renewal inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In cases
where 100% of the units are not inspected, the minim inspection standards will be
established as follows:
• At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
•
Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust
Page I of 2
Property Code and Nuisance Violations Criteria
• License Category Number of Units Property Code Violations
g rY P �Y per
P
(Based on Property Inspected Unit
Code Only)
Type I — 3 Year 1 -2 units 0 -1
INA
Type II — 2 Year 1 -2 units Greater than 1 but not more than 4
Type III — 1 Year 1 -2 units Greater than 4 but not more than 8
Type IV - 6 Months 1 -2 units Greater than 8
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per year.
Police incidences for purposes of determining licensing categories shall include disorderly
activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in
the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,
burglary, theft, auto theft and arson.
• Calls will not be counted for oses of determining licensing categories where the victim and
Pm'P g g o
g
suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota
Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as
defined in the Domestic Abuse Act Minnesota Statutes Section 518B.01 Subd. 2 (a).
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
(Calls Per Unit/Year)
No Category 1 -2 0 -1
Impact
5 or more units 0-0.35
Decrease 1 1 -2 Greater than 1 but not more than 3
Category � , ,
Y
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories $� - t�
5 or more units Greater than 0.50
Mission: Ensuring an attractive, clean, safe conununitp that enhances the duality of life andpreserves thepublic trust
Page 2 of 2
City Council Agenda Item No. 10e
;
COUNCIL ITEM MEMORANDUM
DATE: June 28, 2010
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6 -Month Provisional Rental License for 5949 Xerxes Avenue North
Recommendation:
It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month
Provisional Rental License and mitigation plan for 5949 Xerxes Avenue North. If the Council
chooses to not issue the license, it is recommended that the motion be to direct staff to prepare
proposed findings for denial of the rental license and draft said resolution for the next Council
meeting.
Background:
This owner is applying for a new rental license. This property qualifies for a Type IV provisional
rental license, based on the number of property code violations found during the initial rental
license inspection. Staff from Administration, Building & Community Standards and Police
Departments worked with the property owner regarding a mitigation plan, which requires Phase
I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a
• Type IV License. A Mitigation Plan has been developed addressing the requirements of the
ordinance and any issues specific to the property. Therefore, staff is recommending approval of
the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the
attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
03 -22 -10 Orrin Hager and Ha Hager applied for initial rental dwelling license for 5949
Xerxes Avenue North, a single- family residential property.
04 -16 -10 Initial rental inspection conducted (Seventeen orders cited, see attached Rental
Criteria)
05 -28 -10 Second rental inspection passed
06 -04 -10 Letter to owners notifying of qualification for Type IV 6 -Month Provisional
Rental License, including additional requirements to obtain a rental license
(submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing
Program, etc.)
06 -21 -10 Mitigation Plan finalized
If approved, after six months, a new rental license will be required. The license process will
begin in approximately four months. The new license will be based on the property code
violations found during the initial renewal license inspection and the number of validated police
calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the
mitigation plan must also be met. Section 12 -913 pertaining to Type IV Provisional Chapter 12-
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
i
COUNCIL ITEM MEMORANDUM
Excerpt from Chanter 12 of Citv Code of Ordinances:
Section 12 -913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City will provide by mail to each licensee a monthly report of any police and fire
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an •
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
Budget Issues:
There are no budget issues to consider.
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust
COUNCIL ITEM MEMORANDUM
Council Goals:
Strategic:
We will stabilize and improve residential neighborhoods
Attachment
- Mitigation Plan
- Rental Criteria
•
•
__ Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
•
City of Brooklyn Center Phone- 763 - 569 -3300
6301 Shingle Creek Parkway TTY/ Voice 711
Brooklyn Center, MN 55430 -2199 Fax: 763-569 -3494
tivwuv. citvofbrook1 mcenter. org
Rental License Mitigation Plan
(Type IV Provisional License)
Property Address: 5949 Xerxes Ave N
Owner Name: Orrin & Ha Hager Local Agent: N/A
In accordance with the City of Brooklyn Center's Rental Housing Ordinance Chapter 12 -910, the
above referenced property qualifies for a Type IV Rental License based on property code and
nuisance violations and/or excessive police calls. A Mitigation Plan must be developed and
reviewed by City Staff before the rental license application can be presented to the City Council
to consider approval of a rental license. A Mitigation Plan provides an opportunity for the
property owner /agent and the City to review property concerns and identify possible solutions in
order to improve the overall condition and livability of the property. The City Council will
consider the following Mitigation Plan as part of the rental license approval process. •
Midi ation Plan
Condition Date Completed or If not completed,
Not Applicable N/A Required
Com letion Date
CFTIP Phase I.
For license categories other than Type I, an owner, manager, or
local agent responsible for the operation of the rental property
must complete the Phase I training of the Crime Free Housing
Program or a similar course approved by the City Manager.
Certification as a rental property manager may also satisfy this
requirement. Phase I includes odes the following:
a. Attend an eight -hour crime -free housing course presented by 07/27/2010
police, fire, public housing and others.
(Submit certificate to City.)
Notes:
b. Use a written lease including the Minnesota Crime Free 06/25/2010
Housing Lease Addendum.
(Submit copy to City)
Notes:
c. Check the criminal background of all prospective tenants 06/01 /2010
and, upon request, provide a copy of Third Party
Background Check procedures for Tenants.
Page 1 of 3 •
Notes:
d. Actively pursue the eviction of tenants who violate the terms N/A
of the lease and/or the Crime Free Lease Addendum.
(Provide documentation if applicable.)
Notes:
CFHP Phase H. Includes Phase I plus the following:
a. Complete a Security Assessment through City Police 06119/2010
Department.
Notes:
b. Complete the recommended security improvements. This 06/30/2010
phase will certify that the rental property has met the
security requirements for the tenant's safety.
(List of recommended improvements and accomplish dates)
Notes:
CFHP Phase III. Includes Phases I and U plus the following:
a. For properties with more than four units, conduct resident N/A
training annually for the residents where crime watch and
crime prevention techniques are discussed.
• Notes:
b. For properties with more than four units, hold regular N/A
resident meetings.
Notes:
c. Have no City Code violations that were not resolved in 06/30/2011
accordance with compliance orders within the past year.
Notes:
CFHP Phase III- A.R.M. Meeting Attendance
a. Attend a minimum of 50% of Owners/Managers Association 07/08/2010
Meetings (ARM). 09/09/2010
(Dates and Times to Attend)
Notes:
Other Corrective Actions Specific to Property
a. Completion of property code compliance orders 06/30/2010
Notes:
b. Establish maintenance plan and long term capital 06/25/2010
improvements
(List items reportedly replaced/repaired or scheduled)
Notes: See my letter
c. Plan to reduce number of calls for police and fire service 06/30/2010
Page 2 of 3
•
Notes:
d Any additional steps to improve conditions and management 6/30/2010
of property
Notes: See my letter
e. Other relevant information
Notes:
If the Type IV Rental License is approved by the City Council, the Licensee must comply with
the approved Mitigation Plan and all applicable city codes. No later than the I O` of each
calendar month, the licensee must mail or deliver to the Building & Community Standards
Department a written report describing all steps taken to comply with the itigation Plan. 6 f) 1z P I C &ae /" 9�� - Y / X'1 /(0 14L, Owner or Agent Name Sig6f6re I Date
(Please Print)
11�I���`"
Additional Owner or Agent Name Signature Date
(Please Print)
Police Department /Title Die
t •
Bu d' g & ComTKIty Standards Department / Title Date
Form 06162010
i
Page 3 of 3
June 9, 2010
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
RE: Rental Property at 5949 Xerxes Ave N
Mitigation Plan
Dear Sir or Madam:
I am writing you in response to a recent letter requiring me to submit a mitigation plan to
the city. I would like to outline some of the improvements being made to the property as
well as outline my thoughts on selecting and dealing with tenants.
A lot of time, money and sweat have been put into updating the property. The previous
tenants did not properly take care of it which required us to make a significant investment
to get it up to code. I am happy to say that all violations have been addressed and the
house is now up to code.
In addition, more work has been done (or is in progress) and here is a list — not
necessarily complete — of projects that have been either completed or I will try to finish
. by June 25, 2010:
• The exterior of the house has been repainted
• All windows have been replaced
• The hardwood floors are in the process of being refinished
• The broken water heater has been replaced
• Electrical repairs were done in the garage, outside and basement
• Gutters were added to one side of the garage and existing ones were repaired and
cleaned
• A sidewalk was added between the house and garage for easier access to the
house as well as to address some drainage issues
• The concrete stairs leading into the house have been repaired
• The dirt/gravel driveway has been replaced with one made of asphalt
• A variety of landscaping tasks have been completed and more are underway
In terms of future improvements, I'm considering adding half a bath to the basement but
may not be able to do this because of the cost. I do intend do make a weekly visit (at
least just a drive by) when renting it out.
Now I'd like to turn the discussion to tenants. First I should mention that this is my first
time being a landlord so I spoke with other landlords to get some advice. Moreover, I
spoke with the neighbors and city inspector and learned a bit about the "colorful" history
of the most recent tenants.
•
I think that both the city and I have a strong mutual concern about the condition of the
property and at least as much concern that any tenants be law abiding and not a nuisance
to me, the neighbors or the city. I believe the best way to achieve this is to do a thorough
background check of potential renters so I envision a three -prong approach to do this.
First, I contact their current landlord and get whatever information I can. What do you
think of the tenants? Do they keep care of the property? Do they pay their rent on time?
I will ask these and other questions to be able to make a good decision. I've heard a story
of where a previous landlord was trying to pawn off bad tenants to a landlord I know by
saying that they were actually "good tenants ", so getting information from previous
landlords is only the first step.
i
Second, I will get the prospective tenant's social security number so I can run a
background check against a national database to see their address history, see if they have
any criminal backgrounds, see if they have any civil judgments against them, etc.
Third, and this was a suggestion by the city inspector (I think that his name was Paul)
was to make a surprise visit to their current residence. Is the yard kept up and free of
refuse? Does their current residence look clean or does it look like a trash heap? I
believe that by doing these three things I will greatly reduce the chance of getting stuck
with problem tenants.
In the event that I do get stuck with some bad tenants, I do care about the property - -- it is
an investment after all - -- and will immediately take action. If there are illegal activities
going on I'll contact the property authorities. If the tenants trash the place and are in
violation of the Minnesota Crime Free Housing Lease Addendum I'll take the appropriate
action.
I have the CPTED inspection scheduled for 6/16/2010. 1 will attend the July 8` ARM
meeting for certain, and will try to attend both the September 9 and November 18'
meetings schedule permitting. I want to take the 8 -hour crime free housing course by the
end of the month - is this reasonable assumption on my part?
If I have omitted anything or you require additional information please let me know.
Best Regards,
Orrin John Hager
2741 Yosemite Ave S
St. Louis Park, MN 55416
Phone: (952) 929 -1453
Email: ohager @comcast.net
City of
X-BrooHy-h C www.cityojbrooklyncenter.org
•
6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199
Phone 763.569.3300 =Voice 711 Fax 763.569.3494
Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or renewal
license inspection or for a category verification inspection, along with excessive validated police service
calls occurring over a year. License categories are performance based and more accurately depict the
condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the
property to ensure category conditions are met. License fees do not include reinspection fees, late fees,
charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
• The licensee or designated agent must meet the category conditions in the time period specified by the
City. A licensee must meet all original conditions required by the License Category, even if a
subsequent license category is achieved.
4. License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code violations
per unit identified during the licensing inspection or category verification inspection. Property
code violations for purposes of determining licensing categories shall include violations of
property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local
ordinances. The City may, upon complaints or reasonable concerns that the establishment no
longer complies with the license category criteria, perform a category verification inspection to
the same standards as the license renewal inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In cases
where 100% of the units are not inspected, the minimum inspection standards will be
established as follows:
• At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units, to include a minimum of 12 units, will be inspected for
properties with 16 or more units.
•
Mission: Ensuring an attractive, clean, safe communit3 that enhances the qualio3 of life and preserves the public trust
Page I of 2
Property Code and Nuisance Violations Criteria
License o Cate Number of Units Pro Code Violations •
Category Property p er
P
(Based on Property Inspected Unit
Code Only)
Type I — 3 Year 1 -2 units 0 -1
a 3 � k
,U _.`i.;,z- �s „k�. tv
Type II 2 Year 1 -2 units Greater than 1 but not more than 4
3 1 r ,
ANNE
M
Type III —1 Year 1 -2 units Greater than 4 but not more than 8
Type IV — 6 Months 1 -2 units Greater than 8
Y N , , .
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per year.
Police incidences for purposes of dete licensing categories shall include disorderly
activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in
the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,
burglary, theft, auto theft and arson.
Calls will not be counted for oses of determining licensing categories where the victim and •
Pm'P g g o
g
suspect are "Family or household members” as defined in the Domestic Abuse Act, Minnesota
Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as
defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a).
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
Calls Per Unit/Year
No Category 1 -2 0 -1
Impact ��
5 or more units 0 -0.35
Decrease 1 1 -2 Greater than 1 but not more than 3
Category
W,
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories
5 or more units Greater than 0.50
•
Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust
Page 2 of 2
City Council Agenda Item No. 10f
COUNCIL ITEM MEMORANDUM
• DATE: June 28, 2010
TO: Curt Boganey, City Manager
FROM: Sharon Knutson, City Clerk
SUBJECT: Type IV 6 -Month Provisional Rental License for 6701 Bryant Avenue North
Recommendation:
It is recommended that the City Council consider approval of the issuance of a Type IV 6 -Month
Provisional Rental License and mitigation plan for 6701 Bryant Avenue North. If the Council
chooses to not issue the license, it is recommended that the motion be to direct staff to prepare
proposed findings for denial of the rental license and draft said resolution for the next Council
meeting.
Background:
This owner is applying for a new rental license. This property qualifies for a Type IV provisional
rental license, based on the number of property code violations found during the initial rental
license inspection. Staff from Administration, Building & Community Standards and Police
Departments worked with the property owner regarding a mitigation plan, which requires Phase
I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a
• Type IV License. A Mitigation Plan has been developed addressing the requirements of the
ordinance and any issues specific to the property. Therefore, staff is recommending approval of
the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the
attached copy of the Mitigation Plan for more information.
The following is a brief history of the license process actions:
04 -08 -10 Tim Xiong applied for initial rental dwelling license for 6701 Bryant Avenue
North, a single - family residential property.
04 -28 -10 Initial rental inspection conducted (Seventeen orders cited, see attached rental
criteria)
05 -27 -10 Second rental inspection passed
05 -28 -10 Letter to owners notifying of qualification for Type IV 6 -Month Provisional
Rental License, including additional requirements to obtain a rental license
(submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing
Program, etc.)
06 -23 -10 Mitigation Plan finalized
If approved, after six months, a new rental license will be required. The license process will
begin in approximately four months. The new license will be based on the property code
violations found during the initial renewal license inspection and the number of validated police
calls for services for disorderly activities and nuisances as defined in 12 -911. The terms of the
mitigation plan must also be met. Section 12 -913 pertaining to Type IV Provisional Chapter 12-
Alission: Fusurinp an attractive., clean, safe contnuinity that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
Excerpt from Chanter 12 of City Code of Ordinances: .
Section 12 -913. TYPE IV PROVISIONAL LICENSES.
1. Rental properties that meet the provisional licensing criteria as described in Section 12-
901 are eligible only for provisional licenses.
2. The City p Y
will provide b mail to each licensee a monthly report of an police and fire
p Y p
calls and incidents and applicable property Code violations as described in Section 12-
901.
3. Mitigation Plan. The applicant for a provisional license must submit for Council review
a mitigation plan for the license period. The mitigation plan shall describe steps
proposed by the applicant to reduce the number of police and fire calls and/or the
property Code issues described in Section 12 -901 and 12 -911 to a level that qualifies for
a Type I, II, or III license. The mitigation plan may include such steps as changes in
tenant screening procedures, changes in lease terms, security measures, rules and
regulations for tenant conduct, security personnel, and time frame to implement all
phases of the Crime Free Housing Program.
4. Council Consideration. The application with a proposed mitigation plan will be
presented to the City Council together with a recommendation by the City Manager or the
Manager's designee as to the disposition thereof. After giving the applicant an .
opportunity to be heard and present evidence, the Council shall approve, disapprove, or
approve with conditions the application and the mitigation plan. If the Council
disapproves an application and mitigation plan or approves it with conditions, it shall
state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will
consider, among other things, the facility, its management practices, the nature and
seriousness of causes for police and fire incidences and/or property Code issues and the
expected effectiveness of measures identified in the plan to reduce the number of police
and fire incidences and/or property Code violations. In evaluating a mitigation plan
submitted by an applicant already under a provisional license, the Council will also
consider the effectiveness of measures identified in the applicant's previous mitigation
plan and the need for different or additional measures to reduce police and fire incidences
and/or property Code violations.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as
approved or modified by the Council. No later than the tenth day after each calendar
month, the licensee shall mail or deliver to the City Manager a written report describing
all steps taken in furtherance of the mitigation plan during the preceding month.
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
COUNCIL ITEM MEMORANDUM
Council Goals:
•
Strategic:
We will stabilize and improve residential neighborhoods
Attachment
- Mitigation Plan
- Rental Criteria
•
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
w •
City of Brooklyn Center Phone: 763 - 569 -3300
6301 Shingle Creek Parkway /vo 7 11
r
=70v Fax. 763 -564 -.3444
Brooklyn Center MN 55430 - 2199 wratral�cityotbroollyncentei:org
Rental License Mitigation Plan
(Type IV Provisional License)
Property Address: 6701 Bryant Ave N Brooklyn Center MN 55430 _}
Owner Name: Tim Xiong Local Agent:
In accordance with the City of Brooklyn Center's Rental Housing Ordinance Chapter 12 -910, the
above referenced property qualifies for a Type IV Rental License based on property code and
nuisance violations and /or excessive police calls. A Mitigation Plan must be developed and
reviewed by City Staff before the rental license application can be presented to the City Council
to consider approval of a rental license. A Mitigation Plan provides an opportunity for the
property owner /agent and the City to review property concerns and identify possible solutions in
order to improve the overall condition and livability of the property. The City Council will
consider the following Mitigation Plan as part of the rental license approval process.
Mitigation Plan
Condition Date Completed or If not completed,
Not Applicable N/A Required •
Cam letion Date
CFHP.Phase L
For license categories other than Type 1, an owner, manager, or
local agent responsible for the operation of thv rental property
must complete the Phase I training of the Crime Free Housing
Program or a similar course approved by the City Manager.
Certification as a rental property manager may also satisfy this
requirement. Phase I includes the following:
a. Attend an eight -hour crime -free housing course presented by July 27, 2010
police, fire, public housing and others.
(Submit certificate to City.)
Notes:
b. Use a written lease including the Minnesota Crime Free Crime free lease
Housing Lease Addendum. addendum.
(Submit copy to City) Will provide
to tite city
Notes: within 10
working
days.
c. Check the criminal background of all prospective tenants Done 2 yrs ago at
Page 1 of 3
•
•
and, upon request, provide a copy of Third Party original license
Background Check procedures for Tenants. application.
Notes:
d. Actively pursue the eviction of tenants who violate the terms Plan on -going checks
of the lease and/or the Crime Free Lease Addendum.
(Provide documentation if applicable.)
Notes:
CFHP -Phase ILL Includes Phase I plus the following:
,. Complete within
a. Complete a Security Assessment through City Police 30 days
Department.
Notes: Complete by the
b. Complete the recommended security improvements. This end of July
phase will certify that the rental property has met the
security requirements for the tenant's safety.
(List of recommended improvements and accomplish dates)
Notes:
CFHP Phase M. Includes Phases I and U plus the following:
a. For properties with more than four units, conduct resident N/A
training annually for the residents where crime watch and
• crime prevention techniques are discussed.
Notes: Nf A
b. For properties with more than four units, hold regular
resident meetings.
Notes: None
c. Have no City Code violations that were not resolved in
accordance with compliance orders within the past year.
Notes:
CFSP Phase;III- A.R1Vh Meeting Attendance" "
Attend 3 meetings
a. Attend a minimum of 50% of Ownersf Managers Association within 6
Meetings (ARM). month period
(Dates and Times to Attend)
Notes:
Other Corrective Actions Specific to Property
a. Completion of property code compliance orders Completed 5/26110
Notes: `
b. Establish maintenance plan and long term capital House has newer roof
improvements . and windows.
(List items reportedly replaced/repaired or scheduled) Plan on
replacin
• Page 2 of 3
Notes: furnace and
water heater
within the next 5
years.
Homeowner
also has Home
Service Plus.
c. Plan to reduce number of calls for police and fire service
Notes: Communicate with tenants regarding crime.
d. Any additional steps to improve conditions and management Fix small
of property problems and
check with
Notes: tenants on a
regular basis.
e. Other relevant information Stops by house
on a monthly
Notes: basis. _
[f the Type IV Rental License is approved by the City Council, the Licensee must comply with
the approved Mitigation Plan and all applicable city codes. No later than the 10 of each
calendar month, the licensee must mail or deliver to the Building & Community Standards
Department a written report describing all steps taken to comply with the Mitigation Plan.
; Lwner r Agent Nam Si a ate
(Please Pu)
X,,
Additional Owner or Agent Name Signature Date
(Please Print)
Police Department / Title
ate
B t1 ' g & Comm nity Standards Department / Title Date
Form 05162010
Page 3 of 3 •
City of
X -BrooHyv Center— www.cityojbrooklyncenter.org
•
6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199
Phone 763.569.3300 M/Voice 711 Fax 763.569.3494
Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10
1. Determining License Categories.
License categories are based on property code and nuisance violations noted during the initial or renewal
license inspection or for a category verification inspection, along with excessive validated police service
calls occurring over a year. License categories are performance based and more accurately depict the
condition of the property and the City costs of service.
2. Fees.
Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the
property to ensure category conditions are met. License fees do not include reinspection fees, late fees,
charges for criminal or civil enforcement actions, or other penalties.
3. Category Conditions.
• The licensee or designated agent must meet the category conditions in the time period specified by the
City. A licensee must meet all original conditions required by the License Category, even if a
subsequent license category is achieved.
4. License Category Criteria.
a. Property Code and Nuisance Violations.
Property code violation rates will be based on the average number of property code violations
per unit identified during the licensing inspection or category verification inspection. Property
code violations for purposes of determining licensing categories shall include violations of
property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local
ordinances. The City may, upon complaints or reasonable concerns that the establishment no
longer complies with the license category criteria, perform a category verification inspection to
the same standards as the license renewal inspection as indicated below.
Inspections will be conducted in conjunction with established department policies. In cases
where 100% of the units are not inspected, the minimum inspection standards will be
established as follows:
• At least 75% of units will be inspected for properties with 15 or less units.
• At least 25% of units, to include a minim of 12 units, will be inspected for
properties with 16 or more units.
•
Mission: Ensuring an attractive, clean, safe conununi4 that enhances the duality of life and preserves the public trust
Page 1 of 2
Property Code and Nuisance Violations Criteria
License Category Number of Units Property Code Violations •
g ry P �3' per
P
(Based on Property Inspected Unit
Code Only)
Type I — 3 Year 1 -2 units 0 -1
Type H — 2 Year 1 -2 units Greater than 1 but not more than 4
. y ei y
ffi k ` Z -
Type III —1 Year 1 -2 units Greater than 4 but not mor than 8
WOM
-
Type IV — 6 Months 1 -2 units Greater than 8
HOW IN
b. Police Service Calls.
Police call rates will be based on the average number of valid police calls per unit per year.
Police incidences for purposes of determining licensing categories shall include disorderly
activities and nuisances as defined in Section 12 -911, and events categorized as Part I crimes in
the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault,
burglary, theft, auto theft and arson.
Calls will not be counted for oses of determining licensing categories where the victim and •
PmP g g o
g
suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota
Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as
defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a).
License Number of Units Validated Calls for Disorderly Conduct
Category Service & Part I Crimes
(Calls Per Unit/Year)
No Category 1 -2 0 -1
Impact i -
5 or more units 0 -0.35
Decrease 1 1 -2 Greater than 1 but not more than 3
Category
y
5 or more units Greater than 0.35 but not more than 0.50
Decrease 2 1 -2 Greater than 3
Categories
5 or more units Greater than 0.50
Mission: Ensuring an attractive, clean, safe communio that enhances the quality? of life and preserves the public trust
Page 2 of 2
City Council Agenda Item No. 10g
COUNCIL ITEM MEMORANDUM
• DATE: June 23, 2010
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
�
SUBJECT: Resolution Approving a Fourth Amendment to a Development Agreement and
Certain Related Agreements Attached Thereto as Exhibits (License, Deed,
Amended Easement, Lease Amendment and Subordination Agreements)
Recommendation:
It is recommended that the City Council consider approval/adoption of Resolution Approving a
Fourth Amendment to a Development Agreement and Certain Related Agreements Attached
Thereto as Exhibits (License, Deed, Amended Easement, Lease Amendment and Subordination
Agreements)
Background:
The following outlines the actions of the City Council, the EDA and the BRA pertaining to the
development agreement for the phased development of Lot 1, Block 1, Brooklyn Farm 2 nd
Addition.
. On October 23, 2006, the City Council and the EDA adopted the following resolutions relating
to the development plans of the Brooklyn Hotel Partners, LLC for the development of an
Embassy Suites Hotel and a 2 nd phase for a complementary hotel:
City Council Resolution No. 2006 -121, ` Resolution Approving Property Tax Abatement
and Authorizing, Execution of a Development Agreement
EDA Resolution No. 2006 -12, ` Resolution Deleting_ Property From Tax Increment
District No 2 and Approving and Authorizing Execution of the Development
Agreement.
On July 23, 2007, the EDA adopted Resolution No. 2007 -12, approving the First Amendment to
the Development Agreement, which revised the construction schedule and approved the Parking,
Access and Pedestrian Link Easement Agreement.
Additionally, on July 23, 2007, the BRA, owners of the land for the Earle Brown Heritage
Center, adopted Resolution No. 2007 -01, HRA Resolution Approving and Authorizing
Execution of a Parking Access and Pedestrian Link Easement Agreement between the Economic
Development Authority Development Authority, the City of Brooklyn Center Brooklyn Center,
and Brooklyn Hotel Partners, LLC
Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
On October 8, 2007, the EDA approved Resolution No. 2007 -19, Resolution Approving and i
Authorizing Execution of a Second Amendment to the Development Agreement. This
amendment extended the closing date and revised the construction schedule.
On December 27, 2007, the EDA at a Special Meeting adopted Resolution No. 2007 -23,
R esolution Approving a Third Amendment to the Development Agreements and Certain Lender
Consents /Subordination and Authorizing the EDA Executive Director to Execute Certain
Documents The Third Amendment provided for the allocation of the tax abatements and
business subsidy job requirements to the respective phases; approved assignment and
subordination of the development agreement in favor of Prudential Insurance Company of
America; and consented to the assignment of Right to Receive Tax Abatement Payments to the
Hurlbut -Zeppa Charitable Trust AR.
On October 13, 2008, the EDA approved Resolution No. 2008 -10, ` Resolution Approving Lease
Agreem with Brooklyn Hotel Partners LLC for the D -Barn at the Earle B rown Heritage
Center and Authorizing the EDA Executive Director to Execute Said Ag reement'.
On June 5, 2009, the Developer was notified that an Event of Default as defined in the
Development Agreement had occurred.
Over the last year, the City and Developer have worked on a compromise to settle their
respective rights and claims under the Development Agreement and the Lease Agreement.
On June 16, 2010, the City received confirmation that the Developer had executed the Fourth
Amendment to the Development Agreement.
On June 18, 2010, the City received confirmation that the Hurlbut -Zeppa Charitable Trust had
executed the security interest subordination agreement pertaining to the right of setoff and
security agreement.
Fourth Amendment to the Development Agreement
The Fourth Amendment to the Development Agreement provides a global resolution to the
default of the Development Agreement and the D -Barn Lease Agreement.
The major elements of this global resolution include the following components:
1. The construction of the pedestrian link has been removed as a Developer's
responsibility under the terms of the minimum improvements of Phase I. The EDA
will have the sole and absolute discretion on the design, location, schedule and
construction of the link.
2. The Developer relinquishes all rights and obligations to develop Phase II and is not
entitled to any tax abatements from the Phase II site development.
i
:Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
• 3. The EDA agrees to provide the Developer with a right of first offer for the Phase H
site until July 1, 2011. The EDA maintains sole and absolute discretion to accept,
reject or conditionally accept an offer from the Developer.
4. The payment of tax abatements for the Phase I (Embassy Suites Hotel Site) are
subject to a right of set off by the City for all payments owing the authority by the
Developer as a tenant under the D -Barn Lease Agreement and License Agreement for
use of the Pedestrian Link.
5. An Amended and Restated Parking, Access and Pedestrian Link easement Agreement
provides the EDA with total discretion on the location and construction of the
pedestrian link on the Earle Brown Heritage Center site.
The agreement maintains the easement at its original location on the hotel site with
minor adjustments to the legal description and replaces the easement on the HRA site
with a non - exclusive license agreement. This license agreement identifies pedestrian
link costs associated with the ownership, operations oration and maintenance of the
these annual pedestrian
link; provides a use charge to the Developer of 50 percent of p
,p g
P
link costs; and includes provisions for the use of the Right of Set -Off and Security
Agreement.
Additionally, the agreement addresses the common entrance driveway to the Phase R
• site and includes similar cost sharing provisions when the site is developed.
6. The First Amendment to the D -Barn Lease provides for the commencement of this
ten year lease to occur upon the issuance of an occupancy permit for the completed
link; the developer's payment of $72,181, which represents certain lost revenues
arising from the adjustment of the commencement of the term of the Lease; and
includes provisions for the use of the Right of Set -Off and Security Agreement.
7. The Security Interest Subordination Agreement provides the subordination of any of
the agreements to the Right of Set -Off granted by the Developer to the EDA and
HRA in the Lease and License. The lender, Hurlbut -Zeppa Charitable Trust AR,
consents to the grant by the Developer a security interest in the Tax Abatement
payments to the EDA and HRA as collateral security for the Developer's payment
obligations under the Lease and License.
The attached City Council resolution provides for the approval of the
Fourth Amendment to the
Development Agreement, the following exhibits to the Development Agreement:
a. License Agreement
b. Quit Claim Deed and Termination of Development Rights
c. Amended and Restated Parking, Access and Pedestrian Link
d. First Amendment to the Lease
e. Security Interest Subordination Agreement
f. Subordination by Prudential
Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
COUNCIL ITEM MEMORANDUM
and approves the execution of items (e) and (f) referenced above. .
Budget Issues:
This resolution does not affect the current budget. However, there are a number of financial
issues associated with the global resolution to the default of the Development Agreement and D-
Barn Lease Agreement:
1. The EDA retains ownership of the Phase H site. (2010 assessed valuation $560,000)
2. The tax abatement and business subsidy agreement for Phase II is terminated. (A
potential savings of $350,000+ over the ten year term under the current development
agreement providing for a complementary hotel.)
3. The lease agreement for the D -Barn as a salon and spa exceeds the previous office
lease by approximately $25,000 a year or approximately $250,000 during the ten year
lease.
4. The license agreement provides for a 50 -50 cost participation of the pedestrian link
costs which provides a projected annual savings to the Heritage Center of
approximately $20,000+ annually.
5. Projections on the cost of constructing the link have been estimated at $960,000 by
the architect, which included a 15 percent factor pending finalizing the scope of work
($804,525 which includes the standard 10 percent contingency line item).
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: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust
its adoption: Member introduced the following resolution and moved
•
RESOLUTION NO.
RESOLUTION APPROVING A FOURTH AMENDMENT TO A DEVELOPMENT
AGREEMENT AND CERTAIN RELATED AGREEMENTS ATTACHED
THERETO AS EXHIBITS (LICENSE, DEED, AMENDED EASEMENT, LEASE
AMENDMENT AND SUBORDINATION AGREEMENTS)
WHEREAS, the Economic Development Authority of Brooklyn Center (the
"Authority ") and the City of Brooklyn Center (the "City ") have heretofore entered into a
Development Agreement dated October 23, 2006, as amended July 23, 2007, October 8, 2007 and
January 17, 2008 (as amended, the "Development Agreement ") between the Authority, the City and
Brooklyn Hotel Partners, LLC, a Minnesota limited liability company (the "Developer ") in
connection with hotel developments to be constructed by the Developer; and
WHEREAS, the Authority, the City and the Developer desire to further amend the
Development Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center
as follows:
• 1. The City hereby approves the Fourth Amendment to the Development
Agreement in the form on file with the City Clerk, with such changes thereto
as may hereafter be approved by the Mayor and/or the City Manager of the
City.
2. The City hereby approves all of the exhibits to the Fourth Amendment to the
Development Agreement, including without limitation:
(a) License Agreement (Exhibit A to Fourth Amendment to the
Development Agreement),
(b) Quit Claim Deed and Termination of Development Rights (Exhibit
B to the Fourth Amendment to the Development Agreement),
(c) the Amended and Restated Parking, Access and Pedestrian Link
Easement Agreement (Exhibit C to the Fourth Amendment to the
Development Agreement),
(d) the First Amendment to Lease (Exhibit D to the Fourth
Amendment to the Development Agreement),
(e) the Security Interest Subordination Agreement (Exhibit E to the
Fourth Amendment to the Development Agreement), and
RESOLUTION NO.
(f) Subordination by The Prudential Insurance Company of America
(in substance similar to that subordination given by the Hurlbut -
Zeppa Charitable Trust AR (see (e) above),
and approves the execution and delivery of items (e) and, if necessary and appropriate, (f) above,
in the forms on file with the City Clerk, with such changes thereto as may hereafter be approved
by the Mayor and/or City Manager of the City.
June 28, 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: •
p g
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
FOURTH AMENDMENT TO
DEVELOPMENT AGREEMENT
BY AND BETWEEN
ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER
CITY OF BROOKLYN CENTER
AND
BROOKLYN HOTEL PARTNERS, LLC
•
This document drafted by:
BRIGGS AND MORGAN (DGG)
Professional Association
2200 IDS Center
, 80 South Eighth Street
Minneapolis, MN 55402 -2157
2358282v9
•
FOURTH AMENDMENT TO DEVELOPMENT AGR EEMENT
THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT (this "Fourth
Amendment ") made as of the 29 day of June, 2010, by and between the Economic
Development Authority of Brooklyn Center, a�body corporate and politic organized and existing
kl Center, a Minnesota
r City of Brooklyn ,
Minnesota the "Authority"), y yn
under the laws of the State of M ( ty )
municipal corporation (the "City "), and Brooklyn Hotel Partners, LLC, a Minnesota limited
liability company (the "Developer "). Unless otherwise expressly provided herein, all capitalized
terms shall have the meanings as ascribed in the Development Agreement referred to below.
RECITALS:
A. The Authority, the City and the Developer have previously entered into a
Development Agreement dated as of October 23, 2006, as amended July 23, 2007, October 8,
2007, and January 17, 2008 (as amended, the "Development Agreement "), pursuant to which the
Authority and the City agreed to, among other things, contribute land and abate certain taxes to
the Developer to assist with certain public redevelopment costs of a project undertaken by the
Developer in the City.
B. The Developer is currently in default under the Development Agreement by
reason of its failure to complete that portion of the Phase I Minimum Improvements known and
referred to as the Connection.
C. Although not a part of the Development Agreement, the Developer and the •
Authority also previously entered into a Lease dated November 2007 (the "Lease Agreement ")
for certain retail space in the Authority's Earle Brown Heritage Center facility located adjacent to
the Phase I Property.
D. The Developer is also currently in default under the Lease Agreement by reason
of its failure to pay certain rent.
E. The Developer, the Authority and the City now desire to compromise and settle
their respective rights and claims under the Development Agreement and the Lease Agreement
by amending: (1) the Development Agreement to modify and amend the rights and obligations
of the Authority, the City and the Developer as it relates to the Connection and the Phase II
Property, (2) the Parking, Access and Pedestrian Link Easement Agreement by and between the
Authority, the Housing and Redevelopment Authority in and for the City of Brooklyn Center
( "HRA ") and the Developer dated January 17, 2008 relating to the Development (the "Easement
Agreement) to provide for a new location for the Connection which is to be situated on a
portion of the Phase I Property, and (3) the Lease Agreement to provide for revised term
commencement and termination dates and a revised description of the leased premises; among
other amendments and modifications as set forth herein.
AGREEMENTS:
In consideration of the premises and the mutual obligations of the parties hereto, each of
them does hereby covenant and agree as follows:
1
2358282x9
1. The Development Agreement is amended as follows:
(a) The last sentence of Section 4.1. and the first sentence of Section 4.12(a)
are amended to provide that the Connection is not a part of nor included in the Minimum
Improvements to be constructed by the Developer at its cost.
(b) All applicable provisions of the Development Agreement, including
without limitation Sections 4.1 and 4.12, are amended to provide that: (i) the Authority
may, at its option and at its sole expense, construct the Connection in accordance with
plans and specifications approved solely by the Authority; and (ii) whether before or after
construction of the Connection, alter, modify, relocate or otherwise change the
Connection or the plans and specifications therefor, all in the sole and absolute discretion
of the Authority. Neither the City nor the Authority nor the HRA shall have any
responsibility, obligation or liability to the Developer in the event the Connection is not
constructed or such construction is delayed. On the date hereof the HRA and the
Developer have executed and delivered a License Agreement relating to the Connection
in the form attached hereto as Exhibit A ( "License Agreement "), which License
Agreement shall, pursuant to its terms, only be effective upon the receipt by Developer of
notice from the Authority that the Connection is completed and open for use, if ever. In
the event the Connection (referred to as the "Pedestrian Link" in the License Agreement)
is not substantially completed and ready for use, as evidenced by the issuance by the City
of Brooklyn Center of a certificate of occupancy for the Pedestrian Link, on or before the
! fifth anniversary of the date of the License Agreement, the License Agreement shall
automatically terminate and shall become null and void as provided in Section l of the
License Agreement.
(c) All applicable provisions of the Development Agreement are amended to
provide that the Developer shall have no right or obligation to develop the Phase II
Property or construct the Phase II Minimum Improvements of the Development or pay
the cost thereof. In confirmation thereof, the Developer has on the date hereof executed
and delivered to the Authority the Quit Claim Deed and Termination of Development
Rights in the form attached hereto as Exhibit B .
(d) Article V is amended to provide that the Developer shall not be entitled to
any Tax Abatements for the "Phase II Development Property" or the Phase II Property.
Section 4.11(c) is amended to provide that the Developer shall not be required to create
any permanent positions for the Phase II Property.
(e) The Authority agrees that if it intends to sell or develop the Phase II
Property prior to July 1, 2011, it will have the option to first give to the Developer a right
of'first offer' on the Phase II Property. Upon delivery of a written notice from the
Authority to the Developer of the right of 'first offer', the Developer shall have forty-five
(45) days after receipt of such notice (the "Offer Period which offer the Authority may
Authority for the purchase of the Phase II Property,
accept, reject or conditionally accept in its sole and absolute discretion. In the event the
Authority and the Developer have not signed and delivered a final purchase agreement in
! a form acceptable to both the Authority and the Developer prior to the expiration of the
2
2358282v9
purchase and /or to purchase the Phase II •
Offer Period, all rights of the Developer to offer p p
Property shall automatically expire and terminate. The terms of any proposed purchase
offer from the Developer, and any resultant definitive purchase agreement based upon
such offer, or otherwise, is subject to acceptance or rejection by the Authority in its sole
and absolute discretion, and the Authority shall have no obligation to sell the Phase II
Property to the Developer nor to negotiate the sale thereof to the Developer. Nothing
herein shall condition or limit the right of the Authority to sell or develop the Phase II
Property prior to July 1, 201.1. without giving to the Developer such right of 'first offer',
provided that if the Authority sells or develops the Phase II Property prior to July 1, 2011
without giving the Developer a right of'first offer', the deed of conveyance of the Phase
II Property shall contain a restriction (or a restriction shall otherwise be recorded) that the
Phase II Property may not be used for hotel purposes, which restriction shall
automatically expire on July 1, 2011. The Authority shall have no qualification or
limitation on its rights to sell or develop the Phase II Property after July 1, 2011 without a
right of 'first offer' or option of any type, kind or description whatsoever in favor of the
Developer or restriction upon the use of the Phase II Property.
(f) The payment of Tax Abatements which may hereafter become owing by
the City to the Developer under Section 5.1 for the Phase I Minimum Improvements shall
be subject to setoff by the City (for the account of the Authority) for all payments owing
to the Authority by the Developer as Tenant under the Lease Agreement and /or as
Licensee under the License Agreement.
(g) The Developer's address for purposes of Section 12.4 Notices and
Demands is hereby changed to:
Brooklyn Hotel Partners, LLC
c/o Oliver Companies, Inc.
5629 Grand Avenue, Suite 2
Duluth, MN 55807
Attn: Seth Oliver
2. The Easement Agreement is amended and restated as follows:
(a) The Easement Agreement is amended and restated pursuant to the
Amended and Restated Parking, Access and Pedestrian Link Easement Agreement
executed and delivered by the Authority, the HRA and the Developer on the date hereof
in the form attached hereto as Exhibit C .
3. The Lease Agreement is amended as follows:
(a) The Lease Agreement is amended pursuant to the first amendment
executed and delivered by the Authority and the Developer on the date hereof in the form
attached hereto as Exhibit D .
4. On the date this Fourth Amendment is executed and delivered by the Authority,
the Developer shall deliver to the Authority a Security Interest Subordination Agreement in the
form attached hereto as Exhibit E . •
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5. This Fourth Amendment will be governed and construed in accordance with the
laws of the State of Minnesota.
6. Except as herein amended, all other terms and provisions of the Development
Agreement shall remain in full force and effect.
7. This Fourth Amendment may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
8. The execution of this Fourth Amendment and the exhibits thereto by the
Developer and the delivery thereof to the Authority and /or the City shall not bind or commit the
Authority and /or the City to the terms hereof, and this Fourth Amendment and the exhibits hereto
shall only be binding upon and constitute the agreement of the Authority and the City at such
time as all necessary approvals have been granted by the Authority and the City and this Fourth
Amendment and the exhibits hereto are duly executed in accordance with all applicable laws and
a fully executed copy thereof is delivered to the Developer.
[end of page]
•
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IN WITNESS WHEREOF the Authority, City and the Developer have caused this •
Y� Y p
Fourth Amendment to Development Agreement to be duly executed in their respective names on
or as of the date first above written.
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER
By
Its President
By
Its Executive Director
CITY OF BROOKLYN CENTER
By
Its Mayor
By
Its City Manager •
This is a signature page to the Fourth Amendment to Development Agreement dated June 29,
2010, by and between the Economic Development Authority of Brooklyn Center, City of
Brooklyn Center and Brooklyn Hotel Partners, LLC.
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2358282x9
•
BROOKLYN HOTEL PARTNERS, LLC
By
Its
•
This is a signature page to the Fourth Amendment to Development Agreement dated June 29,
2010, by and between the Economic Development Authority of Brooklyn Center, City of
Brooklyn Center and Brooklyn Hotel Partners, LLC,
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2358282v9
•
EXHIBIT A
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (this "Agreement "), made as of the 29`" day of June,
2010 by and between The Housing and Redevelopment Authority in and for the City of
Brooklyn Center, a body corporate and politic organized and existing under the laws of the
State of Minnesota ( "Licensor "), and Brooklyn Hotel Partners, LLC, a Minnesota limited
liability company ( "Licensee ").
RECITALS:
A. Licensor is the owner and /or operator of certain building improvements on real
property located in Hennepin County, Minnesota, known and referred to as the Earle Brown
Heritage Center, which is legally described on Exhibit "A" attached hereto ( "Center Property").
B. Licensee is the owner of certain improved real property immediately adjacent to
the Center Property located in Hennepin County, Minnesota upon which Licensee has
constructed a hotel facility, legally described on Exhibit "B" attached hereto ( "Hotel Property").
C. Pursuant to that certain Development Agreement by and between the Economic
Development Authority of Brooklyn Center (the "EDA "), the City of Brooklyn Center ( "City ")
and Licensee dated October 23, 2006, as amended July 23, 2007, October 8, 2007, January 1.7,
2008 and June 29, 2010 (as amended, the "Development Agreement "), the Licensor and or the •
EDA may, but shall not be obligated to, construct an enclosed pedestrian link upon the Center
Property and the Hotel Property, which link is referred to as the "Connection" in the
Development Agreement, and which is referred to herein as the "Pedestrian Link."
D. Licensee has requested, and Licensor has agreed, that Licensee, as the owner of
the Hotel Property, be granted a license for itself and its invitees, to use the Pedestrian Link for
pedestrian access to and from the Hotel Property to the Earle Brown Heritage Center located on
the Center Property, pursuant to the terms, conditions and agreements as set forth herein.
AGREEMENTS:
In consideration of the foregoing and the agreements herein contained, Licensor hereby
grants to Licensee a non - exclusive license to use that portion of the Center Property designated
as the 'Licensed Premises' as shown and depicted on Exhibit "C" attached hereto ( "Licensed
Premises ") for the purpose of non - exclusive pedestrian access by the owner of the Hotel Property
and its business invitees from the Hotel Property to and from the Earle Brown Heritage Center
located on the Center Property (the "License "), subject to the following terms, conditions and
agreements:
1. Term The term ("Term") of the License herein granted shall commence on the
date, if ever, that Licensor gives written notice to Licensee that the Pedestrian Link is
substantially complete and open for use. In the event the Pedestrian Link is not substantially
completed and ready for use, as evidenced by the issuance by the City of Brooklyn Center of a
certificate of occupancy for the Pedestrian Link, on or before the fifth anniversary of the date of
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this Agreement, this Agreement shall automatically terminate and shall become null and void.
This Agreement shall otherwise terminate on the date of written notice given by Licensor to
Licensee that the License is terminated, whether such notice is given before or after the
construction of the Pedestrian Link. Neither the Licensor nor the City nor the EDA shall have
any responsibility, obligation or liability to the Licensee in the event the Pedestrian Link is not
constructed or such construction is delayed.
2. Use Charge During the full Tenn of the License, Licensee shall pay to Licensor
an annual use charge equal to fifty percent (50 %) of the annual Pedestrian Link Costs (as
hereinafter defined). Licensor shall make a good faith estimate of such annual Pedestrian Link
Costs to be due by Licensee for any calendar year or part thereof during the Term. During each
calendar year or partial calendar year of the Term, Licensee shall pay to Licensor, monthly in
advance an amount equal to the estimated Pedestrian Link Costs for such calendar year or part
thereof divided by the number of months therein. From time to time, Licensor may estimate and
re- estimate the Pedestrian Link Costs to be due by Licensee and deliver a copy of the estimate or
re- estimate to Licensee. Thereafter, the monthly installments of Pedestrian Link Costs payable
by Licensee shall be appropriately adjusted in accordance with the estimations so that, by the end
of the calendar year in question., Licensee shall have paid all of the Pedestrian Link Costs as
estimated by Licensor. Any amounts paid based on such an estimate shall be subject to
adjustment as herein provided when actual costs are available for each calendar year as herein
provided.
• 3. Pedestrian Link Costs The term "Pedestrian Link Costs" shall mean all
reasonable expenses and disbursements (subject to the limitations set forth below) that Licensor
incurs in connection with the ownership, operation, and maintenance of the Pedestrian Link,
determined in accordance with sound accounting principles consistently applied, including the
following costs: (i) all supplies and materials used in the operation, maintenance, repair,
replacement, and security of the Pedestrian Link; (ii) cost of all utilities used in the Pedestrian
Link; (iii) repairs, replacements, and general maintenance of the Pedestrian Link; (iv) service,
maintenance and management contracts with independent contractors for the operation,
maintenance, management, repair, replacement, or security of the Pedestrian Link; (v) costs
made in order to comply with any applicable laws; (vi) improvements made to the Pedestrian
Link to improve the safety of the Pedestrian Link and the health and welfare of its occupants;
(vii) cost and premiums for all casualty insurance maintained by Licensor covering the
Pedestrian Link and liability insurance in connection therewith, and (viii) reasonable reserves for
periodic capital expenditures (e.g. carpet, floor mat, vacuum cleaner, HVAC and roof
replacement). Pedestrian Link Costs shall not include costs for: (1) repair, replacements and
general maintenance paid by proceeds of insurance or by Licensee or other third parties; (2)
interest, amortization or other payments on loans to Licensor; (3) depreciation; (4) the initial
construction of the Pedestrian Link; (5) repair, replacement and reconstruction of the Pedestrian
Link covered by any and all applicable warranties in connection with or relating to the original
construction and installation of the Pedestrian Link; (6) any work, repair, replacement or
reconstruction of the Pedestrian Link arising from the intentional wrongful acts of Licensor or
Licensee or the misuse or abuse of the Pedestrian Link, the entire cost of which shall be paid by
the party whose conduct gives rise to the need for such repair or replacement (without
contribution from the other party); or (7) Pedestrian Link Costs that are of a capital nature,
provided that such costs shall be amortized using a commercially reasonable interest rate over
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the useful . economic life of such improvements as determined by Licensor in its reasonable
discretion.
By March 1 of each calendar year Licensor shall furnish to Licensee a statement of
Pedestrian Link Costs for the previous calendar year (the Cost Statement"). If Licensee's
estimated payments of Licensee's one -half of Pedestrian Link Costs for the year covered by the
Cost Statem ent exceed Licensee's
share of such items as indicated in the Cost Statement, then
,
Licensor shall promptly credit or reimburse Licensee for such excess; likewise, if Licensee's
estimated payments for such year are less than Licensee's share of such items as indicated in the
Cost Statement, then Licensee shall promptly pay Licensor such deficiency.
Licensee shall also pay to Licensor at the times and in the manner provided herein or, if
not so provided, as reasonably required by Licensor, all other amounts payable by Licensee to
Licensor under this Agreement.
4. As -Is Licensee accepts the Licensed Premises in. its "as -is" condition without
qualification or requirement that Licensor perform any work therein.
5. Easement A reement 'Thee p terms and provisions of that certain Amended and
Restated Parking, Access and Pedestrian Link Easement Agreement ent dated of even date herewith
executed by the Licensor, the EDA and Licensee, recorded , 2010 as Doc.
No. in the office of the Hennepin County Registrar of Titles (the "Easement
Agreement ") shall govern matters relating to the repair and maintenance, including casualty
repair, of the Licensed Premises and the Pedestrian Link, subject to the provisions of Section 2 •
and 3 hereof relating to the payment by Licensee of the annual use charge.
6. Modification to Licensed Premises Notwithstanding anything herein to the
contrary, Licensor may from time to time, whether prior to or after construction of the Pedestrian
t its sole and absolute discretion, and /or
modify Link: (a) alter, or relocate the Pedestrian Link a
(b) alter, modify, relocate anal /or adjust the location, area and extent of the Licensed Premises on
the Center Property in its sole and absolute discretion, provided that all such alterations,
modifications, relocations and adjustments on the Hotel Property shall be made within the area
of the easement granted by Licensee to Licensor for the "Pedestrian Link Corridor Area" as set
forth in the Easement Agreement.
7. Removal In the event the License herein granted is terminated by Licensor for
any reason other than the default by Licensee of its obligations under this Agreement, Licensor
shall remove that P ortion of the Pedestrian Link located on the Hotel Property within twelve (12)
months of such termination. At all times the Pedestrian Link shall be and remain the property of
Licensor and /or the EDA and may be removed at any time.
8. Insurance Licensee shall at its sole cost and expense, maintain liability
insurance, with Licensor named as an addition al insured against inst claims for de ath , p ersonal
injury, and property damage arising out of, or incidental to, the use by Licensee and its invitees
of the Licensed Premises in amounts which are from time to time acceptable p table to Licensor, but in
no event less than $2,000,000 for death or injury to one person, $5,000,000 for death or injury to
more than one person, and $5,000,000 for property damage, in respect of each occurrence.
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Policies for such insurance shall be in a form with an insurer reasonably acceptable to Licensor
and shall require at least thirty (30) days written notice to Licensor of termination or material
' ensee shall
promptly deliver to Licensor certified copies or other evidence of such
ration. Lac Y
alteration. P P
P the
thereon
have been aid and
that all premiums P
policies and evidence satisfactory to Licensor p
policies are in full force and effect. In the event the use of the Licensed Premises by Licensee
and its invitees or the exercise by Licensee by any rights or privileges herein contained results in
an increase to the premiums of insurance maintained by Licensor covering the Center Property, g h
Licensee shall immediately upon demand by Licensor pay to Licensor such increased premiums
resulting therefrom.
9. Indemnity Licensee shall indemnify and hold Licensor harmless from and
against every demand, claim, cause of action, liability, judgment, and expense, and all loss or
damage arising from, or incidental to, the use or occupancy of the Licensed Premises by the
owner of the Hotel Property and /or its invitees or the exercise of any right or privilege herein
contained or the failure to perform any of the terms, conditions or agreements hereof.
10. Eminent Domain If all or any part of the Licensed Premises or any interests or
rights granted, created or arising under this License are taken for any public use under any statute
or by right of eminent domain, or purchased under threat of such taking, this Agreement shall
automatically terminate on the date of such taking. Any compensation or award paid or payable
on account of any such taking shall be the sole and exclusive property of, and belong to,
Licensor.
• 11. Access Access by Licensee, its agents, employees and contractors shall be
s Licensor may
and regulations a Y
s and subject to such rules g
n those days, �
during those hours and o Y ,
g
make from time to time for the use, operation and maintenance of the Licensed Premises and the
Center Property. Licensee shall observe all such rules and regulations and cause its invitees
regulations.
using the Pedestrian Link to also observe all such rules and re g
12. Notices Any notice from one party to the other hereunder shall be in writing and
shall be deemed duly served if mailed by registered or certified mail, return receipt requested,
postage prepaid, addressed as follows:
To Licensor: The Housing and Redevelopment Authority in and
for the City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430 -2199
Attn: Executive Director
To Licensee: Brooklyn Hotel Partners, LLC
c/o Oliver Companies, Inc.
5629 Grand Avenue, Suite 2
Duluth, Minnesota 55807
Attn: Seth Oliver
Either party shall have the right to designate by notice, a different address to which notices are to
be mailed.
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13. Default If (a) Licensee shall default in the payment of any charge or
performance of any obligation under this Agreement and such default is not cured within 10 days
after notice by Licensor thereof, or (b) if any proceeding is commenced by or against Licensee
for the purpose of subjecting the assets of Licensee to any law relating to bankruptcy or
insolvency or for an appointment of a receiver for the business, property, affairs, or revenues of
Licensee, or (c) if Licensee makes a general assignment of Licensee's assets for the benefit of
creditors, then, and in any such event, Licensor may, at its option, without further notice to
Licensee or demand by Licensor, in addition to all other rights and remedies provided at law or
in equity, terminate this Agreement and all rights, privileges, and licenses granted or created
hereunder.
14. Right of Set -off and Security Agreement
(a) In addition to all other remedies available to Licensor as'provided in this
Agreement, upon a default by Licensee of any of Licensee's payment obligations to
Licensor under this Agreement (whether the payment of use charges or otherwise),
Licensor may (and notwithstanding any other provision of this Agreement to the
contrary), without notice to Licensee, cause the City to set -off the amount of such
delinquent payment (for the account of Licensor) against amounts which are or may
become due and owing by the City to Licensee as "Tax Abatements" as described in and
pursuant to the Development Agreement.
(b) In order to secure the prompt payment and performance of all obligations
of Licensee to Licensor under this Agreement now or hereafter arising, including without •
limitation, all indebtedness, liabilities, and obligations of Licensee of every kind, nature
and description under this Agreement. Licensee hereby grants to Licensor a security
interest in all of Licensee's rights in and to the Tax Abatements as described in the
Development Agreement ( "Collateral "). The address of the Licensor, as secured pasty, is
6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199, Attn: Executive
Director.
The Licensee will defend the Collateral against all claims or demands of all
persons (other than the Licensor) claiming the Collateral or any interest therein. The
Licensee will not change its state of registration unless the Licensor has been given at
least 30 days prior written notice thereof and the Licensee has executed and delivered to
the Licensor such Financing Statements and other instruments required or appropriate to
continue the perfection of the Licensoe's security interest. The Licensee agrees that from
time to time, at its expense, it will promptly execute and deliver all further instruments
and documents, and take all further action, that may be necessary or that the Licensor
may reasonably request, in order to perfect and protect the security interest granted or
purported to be granted hereby or to enable the Licensor to exercise and enforce its rights
and remedies hereunder with respect to any Collateral. The Licensee hereby authorizes
the Licensor to file one or more Financing Statements or continuation statements in
respect thereof, and amendments thereto, relating to all or any part of the Collateral
without the further consent of the Licensee where permitted by law. At any time after the
occurrence of any default under this Agreement, until such default is cured to the
satisfaction of the Licensor, the Licensor may (but need not), in the Licensor's name or in
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•
Licensee's name., execute and deliver proofs of claim, receive all such monies, endorse
checks and other instruments representing payment of such monies, and adjust, litigate,
compromise or release any claim against the issuer of any such policy. Upon the
occurrence of a default under this Agreement and at any time thereafter until the default
is cured to the reasonable satisfaction of the Licensor, the Licensor may exercise and
enforce any and all rights and remedies available upon default to a secured party under
the Uniform Commercial Code. Upon the occurrence of such a default and at any time
thereafter until the default is cured to the reasonable satisfaction of the Licensor, the
Licensor may notify any person obligated on any Collateral that the same have been
assigned or transferred to the Licensor and that the same should be performed as
requested by, or paid directly to, the Licensor, as the case may be. The Licensee shall
join in giving such notice, if the Licensor so requests.
15. Costs Licensee shall indemnify Licensor against all costs and charges (including
legal fees) lawfully and reasonably incurred in enforcing any covenant or agreement of Licensee
hereunder or in enforcing any payment of any charges or in obtaining possession of the Licensed
Premises after default of Licensee.
16. Right to Perform If Licensee shall fail to perform any covenant or agreement
hereunder, Licensor shall have the right, but not the obligation, to perfonn the same and charge
the cost thereof to Licensee, which charge shall bear interest at the rate equal to the lesser of 1.50
percent per month or the maximum rate permitted by applicable law.
17. No Interest in Real Estate No Encumbrances. Nothing contained in this
Agreement shall be deemed to create an interest or estate in the Licensed Premises or the Center
Property in favor of Licensee (including, without limitation, any leasehold interest, equitable
interest or right, purchase right, easement, lien, contract right or other interest), and the only right
of Licensee shall be that of a temporary licensee. Licensee shall not mortgage, encumber,
hypothecate or create any lien, claim or charge against the Licensed Premises or the Center
Property, and any such attempt to do so shall be automatically null and void.
18. Assignment Licensee may not assign, pledge or otherwise transfer or dispose of
this Agreement or any rights, privileges, or licenses granted hereunder, it being understood that
this Agreement is a personal privilege to Licensee only. Licensor may transfer or assign,
whether by operation of law or otherwise, this Agreement or any rights or interest hereunder and
upon any such transfer or assignment Licensor shall be relieved of any and all obligations
hereunder.
19. Entire Agreement This Agreement contains the entire agreement between the
parties hereto with respect to the subject matter hereof, except as provided in the Development
Agreement and /or the Easement Agreement. No amendment, modification, or supplement hereto
shall be valid or binding unless set out in writing and executed by the parties hereto.
20. Successors Bound Except as otherwise provided herein, the covenants, terms,
and conditions contained herein shall apply to and bind the successors and assigns of the parties
hereto.
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The parties hereto have caused this Agreement to be executed and delivered as of the day •
and year first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
BROOKLYN CENTER
By
Its Chairman
By
Its Executive Director
BROOKLYN HOTEL PARTNERS, LLC
By
Its
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Exhibit "A"
(Center Property Legal Description)
Tracts D and F, Registered Land Survey No. 1594, Hennepin
County, Minnesota.
•
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2358282v9
Exhibit "B" •
(Hotel Property Legal Description)
Lot l., Block 1, Brooklyn Farm 2 nd Addition, according to the plat
thereof on file and of record in the office of the Hennepin County
Registrar of Titles, Minnesota.
•
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•
Exhibit "C"
(Licensed Premises)
The "Licensed Premises" is that area designated as the 'Pedestrian Link Corridor Area' on the
HRA Tract as depicted below.
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2358282v9
EXHIBIT B •
QUIT CLAIM DEED
AND
TERMINATION OF DEVELOPMENT RIGHTS
Corporation Partnership or Limited Liability Company
to Corporation, Partnership or Limited Liability Compan
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
County Auditor
By
Deputy
STATE DEED TAX DUE HEREON: $1.65
Date: June 29, 2010
(Reserved for recording data)
FOR VALUABLE CONSIDERATION, Brooklyn Hotel Partners, LLC, a Minnesota limited
liability company ( "Grantor "), hereby conveys and quitclaims to Economic Development •
Authority of Brooklyn Center, a body corporate and politic organized and existing under the
laws of the State of Minnesota ( "Grantee "), the real property in Hennepin County, Minnesota,
described as follows:
Lot 2, Block 1, Brooklyn Farm 2nd Addition, according to the
recorded plat thereof on file and of record with office of the
Registrar of Titles in and for Hennepin County, Minnesota,
together with all hereditaments and appurtenances belonging thereto ( "Property ").
Grantor's delivery of this Quit Claim Deed and Termination of Development Rights and the
conveyance of title herein is made for the express purpose of relinquishing and conveying to
Grantee any and all interest of Grantor in and to the Property, including, without limitation, all
existing and future interests of Grantor in and to the Property under that certain Development
Agreement by and among Grantor, Grantee and City of Brooklyn Center, a Minnesota municipal
corporation, dated October 23, 2006, as amended July 23, 2007, October 8, 2007, January 17,
2008 and June 29, 2010.
The Grantor does not know of any wells located on the described real property.
The consideration given for this conveyance is less than $500.
I
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Brooklyn Hotel Partners, LLC
By:
Its:
STATE OF MINNESOTA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this o day of June, Brooklyn 0 10, by
the l
Partners, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Briggs and Morgan, Professional Association (DGG)
2200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
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EXHIBIT C
AMENDED AND RESTATED PARKING, ACCESS AND
PEDESTRIAN LINK EASEMENT AGREEMENT
This Agreement (this "Agreement ") is entered into by ECONOMIC DEVELOPMENT
AUTHORITY OF BROOKLYN CENTER, a Minnesota public body corporate and politic
("EDA"), THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF BROOKLYN CENTER, a Minnesota public body corporate and politic ( "HRA"), and
BROOKLYN HOTEL PARTNERS, LLC, a Minnesota limited liability company ( "Developer "),
as of June 29, 2010 (the "Execution Date ").
RECITALS:
A. HRA is the owner of certain land located in Henne in Count Minnesota which is
improved and o erated by the EDA as the Earle Brown Heritage Center a conference and event
center
B. Develo er is the owner of certain land in Henne in Count Minnesota located
immediately ad to the Earle Brown Heritage Center which it reviousl ac uired from the
E DA and which it has developed and now operates as a hotel facility
C. EDA is the owner of certain unim roved land in Henne in Count Minnesota located
im mediat el y southerly of and adjacent to the hotel facility property owne b Develo er which .
property is also t o be developed at a future date for such purp as ma be a roved b the
City of Brooklyn Center and EDA
D. In order to pro vide for and facilitate the common use an operatio of their respective
p roperties, HRA EDA and Develo er have reviousl - entered into a certain Parkin Access and
Pedestrian Link Easement A eement dated Janu 17 2008 which A eement was recorded in
the office of the Hennepin Co IpV Re istrar of Titles on Jullum v 23 2008 as Document No.
4464042 (the "Easement Agreemen ).
E. HRA EDA a nd the Developer now wish to amend and restate th Easement Agreement
in its entiret ursuant to and in accordance with the terms hereof.
AGREEMENT:
HRA, EDA and Developer agree as follows:
1. Definitions
] .1. Center The "Center" shall mean the Earle Brown Heritage Center and the two
adjacent properties legally described as:
Tracts D and F, Registered Land Survey No. 1594, Hennepin
County, Minnesota, and
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•
Lots 1 and 2, Block 1, Brooklyn Farm 2 "d Addition, according to
the plat thereof on file and of record in the office of the Hennepin
County Registrar of Titles, Minnesota.
1.2. City The "City" shall mean the City of Brooklyn Center, a Minnesota municipal
corporation.
1.3. Conference Facility The "Conference Facility" shall mean the buildings and
improvements comprising the Earle Brown Heritage Center located on the HRA
Tract.
1.4. Developer Tract The "Developer Tract" shall mean the property which is legally
described as:
Lot 1, Block 1, Brooklyn Farm 2 "d Addition, according to the plat
thereof on file and of record in the office of the Hennepin County
Registrar of Titles, Minnesota.
The boundaries of the Developer Tract are outlined and labeled "Developer Tract"
on the Site Plan. On the Execution Date the Owner of the Developer Tract is
Developer.
1.5. Development Agreement The "Development Agreement" shall mean that certain
• Development Agreement dated October 23, 2006, as amended July 23, 2007,
October 8, 2007, January 17, 2008 and June 29, 2010, . by and between EDA, City
and Developer relating to the acquisition and development of the Hotel Facility,
as the same may be amended, supplemented and extended from time to time.
1.6. Driveway/Parking Area The "Driveway/Parking Area" shall mean the Parking
Lot Area, the Shared Driveway Area — Developer/HRA and the Shared Driveway
Area — Developer/EDA.
1.7. Easement Agreement The, "Easement Agreement" shall have the meaning as
ascribed in paragraph D of the Recitals to this Agreement.
1.8. EDA Tract The "EDA Tract" shall mean the property which is legally described
as:
Lot 2, Block 1, Brooklyn Farm 2 " Addition, according to the plat
thereof on file and of record in the office of the Hennepin County
Registrar of Titles, Minnesota.
The boundaries of the EDA Tract are outlined and labeled "EDA Tract" on the
Site Plan. On the Execution Date the Owner of the EDA Tract is EDA.
1.9. Facility or Facilities A "Facility" or "Facilities" shall mean the Conference
Facility and /or the Hotel Facility.
•
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1.10. Hotel Facility The " Hotel Facility" shall mean the building and improvements of •
the hotel constructed and located by Developer on the Developer Tract in
accordance with and pursuant to the terms of the Development Agreement.
1.11. HRA Tract The "HRA Tract" shall mean the property which is legally described
as:
Tracts D and F, Registered Land Survey No. 1594, Hennepin
County, Minnesota.
The boundaries of the HRA Tract are'outlined and labeled "HRA
Tract" on the Site Plan. On the Execution Date the Owner of the
HRA Tract is HRA.
1.12. License Agreement "License Agreement shall mean any license agreement,
occupancy agreement or other right or permission granted from time to time by
the Owner of the HRA Tract in favor of a Person for the right to use the
Pedestrian Link.
1.13. Occupant "Occupant" shall mean any Person from time to time entitled to the
use and occupancy of any portion of the land or a building in the Center under an
ownership right or any lease, sublease, license, concession, or other similar
agreement.
1.14. Owner "Owner" shall mean each signatory hereto and, after compliance with the
notice requirements set forth below, their respective successors and assigns who
become owners of any portion of the Center. An Owner transferring all or any
portion of its interest in the Center shall give notice to all other Owners of such
transfer and shall include in such notice at least the following information: (a) the
name and address of the transferee, and (b) a copy of the legal description of the
portion of the Center transferred. No such transfer shall affect the existence,
priority, validity or enforceability of any lien created under this Agreement or
which is recorded against the transferred portion of the Center prior to receipt of
the notice. Until such notice requirement is complied with, the transferring
Owner shall (for the purpose of this Agreement only) be the transferee's agent.
Each Owner shall be liable for the performance of all covenants, obligations and
undertakings set forth in this Agreement with respect to the portion of the Center
owned by it which accrue during the period of such ownership, and such liability
shall continue with respect to any portion transferred until the notice requirement
set forth in this Section is complied with, at which time the transferring Owner's
liability for future obligations shall terminate with respect to the portion
transferred. The transferee Owner shall automatically become liable for all
obligations, performance requirements and amounts which arise subsequent to
compliance with the notice requirement.
1.15. Parkins Lot Area The "Parking Lot Area" shall mean the portions of the HRA
Tract designated "Parking Lot Area" on the Site Plan. •
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1.16. Pedestrian Link The "Pedestrian Link" shall mean the enclosed one - story,
ground level, climate controlled structure which may be installed and constructed
by EDA, at its election, on the HRA Tract and the Developer Tract in accordance
with and pursuant to the terms of the Development Agreement and providing a
pedestrian access corridor between the Conference Facility and the Hotel Facility
(such Pedestrian Link being referred to as the "Connection" in the Development
Agreement).
1.17. Pedestrian Link Corridor Area The "Pedestrian Link Corridor Area" shall mean
the portions of the HRA Tract and the Developer Tract on which is located the
Pedestrian Link and designated "Pedestrian Link Corridor Area" on the Site Plan,
subject to such changes thereof as may be made by the Owner of the HRA Tract
in accordance with Section 4.2 hereof. The portion of the Pedestrian Link
Corridor Area located on the Developer Tract is legally described on Exhibit B .
1.18. Permittee " Permittee" shall mean all Occupants and the officers, directors,
employees, agents, contractors, customers, vendors, suppliers, visitors, invitees,
licensees, subtenants, and concessionaires of Occupants insofar as their activities
relate to the intended use of the Center. Among others, Persons engaging in any
of the following activities will not be considered to be Permittees:
1. 18.1 Exhibiting any placard, signs or notice.
. 1. 18.2 Distributing any circular, handbill, placard, or booklet.
1. 18.3 Soliciting memberships or contributions.
1. 18.4 Parading, picketing, or demonstrating.
1. 18.5 Failing to follow regulations relating to the use of the Center.
1.19. Person "Person" shall mean any individual, partnership, firm, association,
corporation, trust, or any other form of business or government entity.
1.20. Shared Driveway Area — Developer/E The "Shared Driveway Area —
Developer/EDA" shall mean the portion of the Developer Tract designated
"Shared Driveway Area — Developer/EDA." on the Site Plan and legally described
on Exhibit C
1.21. Shared Driveway Area — Developer/F A. The "Shared Driveway Area —
Developer/HRA shall mean the portion of the Developer Tract designated
"Shared Driveway Area — Developer /HRA" on the Site Plan and legally described
on Exhibit D
1.22. Site Plan The "Site Plan" shall mean the site plan which is attached to this
Agreement as Exhibit A .
1.23. Tract "Tract" shall mean any portion of the Center owned by an Owner.
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2. Term
This Agreement shall be effective as of the Execution Date and shall continue in full
force and effect until 11:59 p.m. on the date which is 30 years after the Execution Date;
provided, however, that this Agreement, and all restrictions and covenants contained in
this Agreement, shall be automatically extended on a year to year basis following such
date which is 30 years after the Execution Date unless any Owner notifies all other
Owners, by notice given at least 4 months prior to the end of any year, that it exercises its
option to prevent this Agreement from being so extended; and provided further that,
whether or not this Agreement is so extended, the easements referred to in Section 3 shall
continue in force and effect in perpetuity as provided in Section 3, except as otherwise
specifically provided in subsections 3.1, 3.4 and 4.6. Upon expiration of this Agreement,
all rights and privileges derived from and all duties and obligations created and imposed
by the provisions of this Agreement, except as relates to the easements mentioned above,
shall terminate and have no further force or effect; provided, however, that the expiration
of this Agreement shall not limit or affect any remedy at law or in equity that an Owner
may have against any other Owner with respect to any liability or obligation arising or to
be performed under this Agreement prior to the date of such expiration.
3. Easements
3.1. Parkin . The Owner of the HRA Tract, for itself and its successors and assigns,
hereby grants and conveys to the Owner of the Developer Tract for its use and for
the use of its Permittees, in common with others entitled to use the same, a .
perpetual, non - exclusive easement for the parking of 45 vehicles and the passage
of vehicles and pedestrians over and across the Parking Lot Area of the HRA
Tract. Such easement rights shall be subject to the following reservations and
agreements as well as other provisions contained in this Agreement:
3.1.1 The Owner of the HRA Tract may at any time make changes to, close off,
and /or construct buildings and improvements on, all or any portion of the
Parking Lot Area without the approval of any other Owner, so long as
such change, closing or construction does not unreasonably interfere with
any of the other easements granted herein, and further provided that all of
the following conditions are met:
3.1.1.1 No g overnmental rule, ordinance or regulation shall be violated as
a result of such action, and such action shall not result in the
Owner of the Developer Tract bung in violatio n of any
governmental rule, ordinance or regulation.
3.1.1.2 The number of remaining parking spaces on the HRA Tract, or
otherwise available to the Owner of the HRA Tract, shall be at
least equal to the number of parking spaces required for the HRA
Tract by applicable zoning and building ordinances, plus 45
additional parking spaces.
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3.1.1.3 No change shall be made in the access point to Earl Brown Drive
located at the Northwest corner of the Parking Lot Area.
3.1.1.4 At least 30 days prior to making any such substantial change,
modification or alteration, the Owner of the HRA Tract shall
deliver to the Owner of the Developer Tract copies of the plans
therefor.
3.1.2 The Owner of the HRA Tract reserves the right to close off any portion of
the Parking Lot Area for such reasonable period of time as may be
necessary to make needed repairs or as may be legally necessary, in the
opinion of such Owner's counsel, to prevent the acquisition of prescriptive
rights by anyone; provided however, that prior to closing off any portion
of the Parking Lot Area materially and adversely affecting parking on the
Developer Tract, the Owner of the HRA Tract shall give written notice to
the Owner of the Developer Tract of its intention to do so, and shall
attempt to coordinate such closing with the Owner of the Developer Tract
so that no unreasonable interference shall occur.
3.1.3 The Owner of the HRA Tract reserves the right at any time and from time
to time to exclude and restrain any Person who is not a Permittee from
using the Parking Lot Area.
• 3.1.4 No Permittee shall be charged for the right to use the Parking Lot Area,
except pursuant to a lease or other agreement entered into between the
Owner of the HRA Tract and a Permittee.
3.1.5 Parking in the Parking Lot Area by Permittees of the Owner of the
Developer Tract shall be limited to automobiles, motorcycles and pickup
trucks; no semitrailers, recreational vehicles, boats, trailers or large trucks
will be permitted to park in the Parking Lot Area; there shall be no
overnight parking, except that overnight parking shall be permitted on the
HRA Tract by Permittees of the Owner of the HRA Tract.
3.1.6 The Owner of the Developer Tract shall use good faith, commercially
reasonable efforts to require that all employees of its Occupants park on
the Developer Tract and not in the Parking Lot Area.
3.1.7 The Owner of the Developer Tract shall pay its proportionate share of the
costs of repairs, maintenance and replacement of the Parking Lot Area as
provided in Section 6.5.
3.1.8 The Owner of the HRA Tract reserves the right to limit and designate,
from time to time, which of the 45 parking spaces in the Parking Lot Area
are available for parking by Permittees of the Owner of the Developer
Tract, including the installation of signage deemed necessary or desirable
by the Owner of the HRA Tract.
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er Tract, for •
3.2. Driveway Easement — Developer/HRA The Owner of the Developer
itself and its successors and assigns, hereby grants and conveys to the Owner of
the HRA Tract for its use and the use of its Permittees, in common with others
entitled to use the same, a perpetual, non - exclusive easement for the passage of
vehicles and pedestrians over and across the Shared Driveway Area —
Developer/HRA. Such easement rights shall be subject to the following
reservations and agreements as wells as other provisions contained in this
Agreement.
3.2.1 The Owner of the Developer Tract may make minor changes and
improvements to the Shared Driveway Area — Developer/HRA without the
approval of the Owner of the HRA Tract, so long as such change or
improvement does not unreasonably interfere with any of the easements
granted in Section 3.2, and further provided that all of the following
conditions are met:
3.2.1.1 The accessibility of the Shared Driveway Area — Developer/HRA
is not unreasonably restricted or hindered.
3.2.1.2 No governmental rule, ordinance or regulation shall be violated as
a result of such action, and such action shall not result in the
Owner of the HRA Tract being in violation of any governmental
rule, ordinance or regulation.
3.2.1.3 At least 30 days prior to making any change, modification or
alteration to the Shared Driveway Area — Developer/HRA, the
Owner of the Developer Tract shall deliver to the Owner of the
HRA Tract copies of the plans therefor.
3.2.2 The Owner of the Developer Tract reserves the right to close off any
portion of the Shared Driveway Area — Developer/HRA for such
reasonable period of time as may be necessary to make needed repairs or
as may be legally necessary, in the opinion of such Owner's counsel, to
prevent the acquisition of prescriptive rights by anyone; provided
however, that prior to closing off any portion of the Shared Driveway
Area — Developer/HRA, the Owner of the Developer Tract shall give
written notice to the Owner of the HRA Tract of its intention to do so, and
shall attempt to coordinate such closing with the Owner of the HRA Tract
so that no unreasonable interference shall occur.
3.3. Driveway Easement — Developer/EDA The Owner of the Developer Tract, for
itself and its successors and assigns, hereby grants and conveys to the Owner of
the EDA Tract for its use and the use of its Permittees, in common with others
entitled to use the same, a perpetual, non - exclusive easement for the passage of
vehicles and pedestrians over and across the Shared Driveway Area —
Developer/EDA. Such easement rights shall be subject to the following
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reservations and agreements as well as other provisions contained in this
Agreement.
3.3.1 The Owner of the Developer Tract may make minor changes and
improvements to the Shared Driveway Area — Developer/EDA without the
approval of the Owner of the EDA Tract, so long as such change or
improvement does not unreasonably interfere with any of the easements
granted in Section 3.3, and further provided that all of the following
conditions are met:
3.3.1.1 The accessibility of the Shared Driveway Area — Developer/EDA
is not unreasonably restricted or hindered.
3.3.1.2 No governmental rule, ordinance or regulation shall be violated as
a result of such action, and such action shall not result in the
Owner of the EDA Tract being in violation of any governmental
rule, ordinance or regulation.
3.3.1.3 At least 30 days prior to making any change, modification or
alteration to the Shared Driveway Area — Developer/EDA, the
Owner of the Developer Tract shall deliver to the Owner of the
EDA Tract copies of the plans therefor.
3.3.1.4 The Owner of the EDA Tract shall pay its share of the costs of
repairs, maintenance and replacement of the Shared Driveway
Area — Developer/EDA as provided in Section 6.1.1.
3.3.2 The Owner of the Developer Tract reserves the right to close off any
portion of the Shared Driveway Area — Developer/EDA for such
reasonable period of time as may be necessary to make needed repairs or
as may be legally necessary, in the opinion o f such owner's counsel, to
provided
prevent the acquisition of prescriptive rights by anyone; p
however, that prior to closing off any portion of the Shared Driveway
Area — Developer/EDA, the Owner o f the Developer Tract shall g ive
written notice to the Owner of the EDA Tract of its intention to do so, and
shall attempt to coordinate such closing with the Owner of the EDA Tract
so that no unreasonable interference shall occur.
3.4. Pedestrian Link The Owne of the conveys Developer Tract, for
to theOwner of thitself HRA Tract for its use
hereby Y
and assigns, y g r
and the use of its Permittees, in common with others entitled to use the same, a
perpetual, non - exclusive easement for the passage of pedestrians over and across
that portion of the Pedestrian Link Corridor Area located on the Developer Tract,
as legally described on Exhibit B, which portion of the Pedestrian Link on the
Developer Tract shall be used only as a pedestrian walkway. Such easement
rights shall be subject to the terms, agreements and provisions contained in this
Agreement. In the event the Owner of the HRA Tract does not substantially
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Link within five ears of the Execution
complete construction of the Pedestrian Y
Date, the easements granted in Sections 3.4, 3.5 and 3.6 hereof shall expire and
terminate upon one hundred twenty days' prior written notice given by the Owner
.of the Developer Tract to the Owner of the HRA Tract following the expiration of
such five year period.
3.5. Access for Construction Developer, for itself, its successors and assigns, hereby
grants and conveys to the Owner of the HRA Tract, a perpetual, non - exclusive
access easement over and across such portions of the Developer Tract as is
reasonably necessary for the Owner of the HRA Tract (or EDA, as its designee) to
construct and /or reconstruct the Pedestrian Link in accordance with and pursuant
to the terms of the Development Agreement.
3.6. G eneral Access for Operation Maintenance Repairs and Removal Developer,
for itself and its successors and assigns, hereby grants and conve to the Owner
of the HRA Tract a perpetual, non - exclusive easement over the Developer Tract
for the purposes of access to the Pedestrian Link and the operation, repair,
maintenance and removal of any of the Pedestrian Link improvements which are
located on the Developer Tract.
3.7. Access to Certain Buildings Developer, for itself and its successors and assigns,
hereby grants and conveys to the Owner of the HRA Tract a perpetual, non -
exclusive easement over any portion of the Developer Tract which is located
within 10 feet of a building on the HRA Tract, if any, for the purpose of access to •
and repairing and /or maintaining the exterior of such building (including, without
limitation, the Pedestrian Link); however, the existence of this easement shall not
prohibit or restrict Developer from constructing buildings, structures or other
improvements within such 10 foot area in accordance with all applicable codes
and laws, in which case the HRA's easement shall not apply to the extent such 10
foot area is occupied by a building, above -grade structure or other improvement.
3.8. Restriction No Owner shall grant any utility easement for the benefit of any
property not within the Center; provided however, that the foregoing shall not
prohibit the granting or dedicating of utility easements by an Owner on its Tract
to governmental or quasi - governmental authorities or to public utilities; and
provided further, that any Owner may grant a private utility easement to any
Person so long as (a) the area of such easement is confined to the granting
Owner's Tract and (b) such easement does not include any connection to any
common utility lines.
4. Pedestrian Link
4.1. Design. In the event the EDA elects to construct or reconstruct the Pedestrian
Link, the same shall be designed and constructed in accordance with and pursuant
to the plans and specifications approved by EDA and /or the City in their sole and
absolute discretion.
•
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• 4.2. Modifications The Owner of the HRA Tract may make any changes,
modifications or alterations to the Pedestrian Link as it deems necessary or
desirable, provided however that once the Pedestrian Link is constructed no
change shall be made by the Owner of the HRA Tract in the access doorway
location between the Pedestrian Link and the Hotel Facility without the consent of
the Owner of the Developer Tract. Such changes, modifications or alterations of
the Pedestrian Link by the Owner of the HRA Tract may iriclude, without
limitation the alteration modification or relocation of the Pedestrian Link and /or
Pedestrian Link Corridor Area. No change, modification or alteration in the
Pedestrian Link or the location of the Pedestrian Link Corridor Area may be made
by Developer without the prior approval of the Owner of the HRA Tract, which
approval may be granted or withheld in the sole and absolute discretion of the
Owner of the HRA Tract. The Owner of the Developer Tract shall have the right,
subject to all applicable laws and the easements and agreements described in this
Agreement, to design and construct or expand existing structures on its Tract
(other than the Pedestrian Link), provided, however, that any structure so
constructed or expanded shall not be located in the Pedestrian Link Corridor Area,
and at a minimum, any such structure so constructed or expanded shall allow for
the repair, maintenance and operation of the Pedestrian Link as contemplated
hereby. In the event that the Owner of the Developer Tract constructs or expands
such a structure on its Tract with the approval of the Owner of the HRA Tract
which necessitates an alteration in a previously constructed portion of the
expense of the
Pedestrian Link, any Pedestrian Link alteration shall be solely the ex p
t Owner of the Developer Tract.
4.3. Certain Operations The Owner of the HRA Tract shall be responsible for locking
and unlocking all doors located in the Pedestrian Link. Such doors shall be
locked at such times as HRA deems appropriate in its sole discretion. The
Pedestrian Link shall have passage doors into the Hotel Facility. Said doors shall
remain closed (other than to allow passage of pedestrians, or in the event of
emergencies) to avoid interference with efficient and proper operation of the
heating, ventilating and air conditioning systems located within and /or serving the
Pedestrian Link. The Owner of the HRA Tract shall be responsible for security in
the portion of the Pedestrian Link located on its Tract. In the event the Owner of
the HRA Tract grants one or more License Agreements, the use of the Pedestrian
Link by the Permittee (licensee) thereof shall be subject to the terms, provisions
and conditions of the applicable License Agreement, as well as such rules,
PP g
regulations and restrictions for the use thereof as the Owner of the HRA Tract
may from time to time, in its sole and absolute discretion, determine. The Owner
of the HRA Tract reserves the right at any time and from time to time to exclude
and restrain any Person who is not a Permittee authorized by the Owner of the
HRA Tract to use the Pedestrian Link from using the Pedestrian Link Corridor
Area or any portion thereof.
4.4. Utilities Any and all utilities and services, including electricity, heating,
ventilation and air conditioning, and the equipment necessary for providing the
• same to the Pedestrian Link shall be installed and provided by the Owner of the
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•
HRA Tract. The Owner of the HRA Tract shall operate, m aintain and repair all
utilities, services and systems serving the Pedestrian Link, as well as all
equipment used to monitor such utilities, services and systems, if any, and the
air shall be
d re p
maintenance an p aid by the Owner of the
operation, mai
costs of such op ,
HRA Tract.
4.5. Ownership At all times title to the Pedestrian Link shall vest in the Owner of the
HRA Tract, its successors and assigns, or at such Owner's election, the EDA.
4.6. Casualty. In the event the Pedestrian Link or any part thereof is destroyed or
partially destroyed by fire or any other casualty or occurrence, the Pedestrian Link
red b the owner er of the HRA Tract, at its sole election
may be repaired and restored Y
and without obligation to so repair or restore the same, p rovided however, in the
event such Owner elects not to repair and restore damaged or destroyed
improvements located in that portion of the Pedestrian Link which connects the
Hotel Facility and the building known and referred to as "Building D" on the
HRA Tract, and such damage or destruction prevents pedestrian access in said
portion of the Pedestrian Link, then, such portion of the Pedestrian Link located
on the Developer Tract shall be removed by the Owner of the HRA Tract from the
Developer Tract within twelve (12) months of the occurrence of such destruction.
Notwithstanding the foregoing sentence, in the event that either of the Facilities
are destroyed or partially destroyed by fire or other casualty or occurrence and the
Owner thereof does not rebuild or restore such Facility as provided in subsection
7.2 (c) (the non - rebuilding Owner "), the non - rebuilding Owner shall also •
perform the same work [including removal of the Pedestrian Link (or such portion
thereof as the Owner of the affected Tract the other Owners Facility restoration]
on the Tract of the other Owner and restore
complete architectural unit at the non- rebuilding Owner's sole cost and expense.
The Pedestrian Link Corridor Area easement on ta t al destruction shall the
terminate only in the event of the demolition or subs
Conference Facility or the Hotel Facility, provided, however, that if an Owner
intends to replace its Facility nd the same is rebuilt within two years of any such
Y
•
demolition or destruction, the easement over the Pedestrian. Link Con i dor A rea on
the Developer Tract created herein shall remain in full force and effect. The
rebuilding or restoring Owner shall pay all construction and restoration costs
related to (a) disconnecting the Pedestrian Link from any Facility to be
demolished, (b) supporting and securing of the Pedestrian Link during demolition
and/or restoration of the replacement Facility, (c) repair or replacement of all
Pedestrian. Link components damaged by the demolition of a portion of the
Pedestrian Link or the damaged Facility, and (d) repair and connection of the
Pedestrian Link to the replacement Facility. The Pedestrian Link shall be
supported and maintained in good and condition
ion of a replacement Facn has
not been commenced within two (2) to the
replacement Facility or restoration. If construct years from the date of demolition or
destruction, the easement granted herein over the Pedestrian Link Corridor Area
on the Developer Tract shall terminate on the second anniversary of the
•
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demolition or destruction unless otherwise agreed to by the Owners of the HRA
Tract and the Developer Tract.
4.7. License Agreement Notwithstanding anything herein to the contrary, the Owner
of the HRA Tract may, pursuant to a License Agreement, provide that certain
costs and expenses herein described relating to the Pedestrian Link be paid by a
Permittee (licensee) pursuant to the License Agreement.
5. Demolition and Construction
5.1. General Requirements Each Owner agrees that all demolition and construction
activities performed by it within the Center shall be performed in compliance with
all laws, rules, regulations, orders, and ordinances of the city, county, state, and
federal governments, or any department or agency of any of them, affecting
improvements constructed within the Center. Each Owner further agrees that
neither its demolition nor its construction activities shall do any of the following:
5.1.1 Unreasonably interfere with demolition or construction work being
performed on any other part of the Center.
5.1.2 Unreasonably interfere with the use, occupancy or enjoyment of any part
of the remainder of the Center by any other Owner or its Permittees.
. 5.1.3 Cause any other Owner to be in violation of any law, rule, regulation,
order or ordinance applicable to its Tract of the city, county, state, federal
government, or any department or agency of any of them.
5.2. Pedestrian Link Construction In the event the EDA elects to construct or
reconstruct the Pedestrian Link, the EDA shall be responsible for the construction
of the Pedestrian Link in accordance with and pursuant to the terms of the
Development Agreement.
5.3. Indemnity Each Owner agrees to defend, indemnify and hold harmless each
other Owner from all claims, actions, proceedings and costs incurred in
connection therewith (including reasonable attorneys' fees and costs of suit)
resulting from any personal injury, death or property damage whatsoever
occurring to any Person or to the property of any Person arising out of or resulting
from the performance of any demolition and/or construction activities performed
or authorized by such indemnifying Owner, except to the extent claims in respect
thereto are waived or released herein. The indemnification contained in this
subsection 5.3 shall not include an indemnity for any consequential damages.
6. Maintenance and Repair
6.1. General Responsibility for Maintenance
6.1.1 Except as maybe expressly provided otherwise in this Section 6, each
Owner shall repair and maintain all of the portions of the
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•
Parking/Driveway Area located on its Tract. Such maintenance shall
include keeping, and each Owner hereby covenants and agrees to keep, all
of the portions of the Parking/Driveway Area located on its Tract fully
illuminated each day from dusk until dawn, 7 days a week. All repairs and
maintenance to be performed by an Owner pursuant to this subsection
shall be performed at such Owner's sole expense, except as may be
expressly provided otherwise in this Agreement. Notwithstanding the
foregoing to the contrary, at such time as the Owner of the EDA Tract has
completed the development of the same by the construction of building
improvements on the EDA Tract, and the Owner thereof commences use
of the Shared Driveway Area — Developer/EDA, the Owner of the EDA
Tract shall reimburse the Owner of the Developer Tract one -half the cost
of maintenance and repair of the said Shared Driveway Area —
Developer/EDA, thereafter arising. In the event the cost reimbursement
described in the preceding sentence is applicable, the reimbursement
payments shall be made by the Owner of the EDA Tract within 20 days of
submission by the Owner of the Developer Tract of a statement therefor,
accompanied by a reasonable detail and explanation of such costs and
expenses, including copies of bills, contracts and statements, and an
itemization of all the charges of the Owner of the Developer Tract for use
of its own employees. Failure by the Owner of the EDA Tract to make
timely payment shall result in a lien in favor of the Owner of the
Developer Tract on the EDA Tract in the same manner and pursuant to the •
same provisions as provided in Section 14 hereof for cure of a default.
6.1.2 The Owner of the HRA Tract shall repair and maintain the Pedestrian
Link, if constructed, in good order, condition and repair, provided that the
costs and expenses of the operation, maintenance, repair and replacement
of the Pedestrian Link may be shared in accordance with and pursuant to
any applicable License Agreement entered into by the Owner of the HRA
Tract.
6.2. Standards for Maintenance The minimum standard of maintenance for the
Parking/Driveway Area and the Pedestrian Link (if constructed) shall be
comparable to the standard of maintenance followed in first -class retail
developments of comparable size in the Minneapolis /St. Paul metropolitan area,
and in any event in compliance with all applicable governmental laws, rules,
regulations, orders and ordinances, and the provisions of this Agreement. The
Parking/Driveway Area improvements shall be repaired or replaced with
materials at least equal to the original quality of the materials being repaired or
replaced. The maintenance and repair obligation for the Parking/Driveway Area
in any event shall include but not be limited to the following:
6.2.1 Road Driveway and Access Areas Maintaining all paved surfaces and
curbs in a smooth and evenly covered condition which maintenance work
shall include cleaning, sweeping, restriping, repairing, resurfacing and
overlays.
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6.2.2 Debris and refuse Periodic removal of all papers, debris, filth, refuse, ice
and snow to the extent necessary to keep the Parking /Driveway Area in a
first -class, clean and orderly condition.
6.23 Sian and markers Placing, keeping in repair, replacing and repainting any
appropriate directional signs or markers.
6.2.4 Lighting Operating, keeping in repair, cleaning and replacing when
necessary any lighting facilities.
6.3. Payment for Negligence Notwithstanding the provisions of subsection 6.1
(entitled "General Responsibility for Maintenance "), but subject to the provisions
of subsection 9.4 (entitled "Waiver of Subrogation "), in the event any
Parking/Driveway Area or the Pedestrian Link (if constructed) is damaged or
destroyed as a result of the negligence or willful misconduct by an Owner or its
contractors, agents, servants, or employees, the Owner who (or whose contractors,
agents, servants, or employees) caused such damage or destruction shall
reimburse the Owner who is responsible for the repair thereof for the reasonable
cost of the repair of such damage or destruction.
6.4. General Easement Repair Provisions In addition to any other provisions of this
Agreement, any Owner entering another Owner's Tract to perform maintenance or
repair pursuant to this Agreement shall comply with the following: (a) any such
• maintenance and repair shall be performed in such a manner as to cause as little
disturbance in the use of the Tract where the repairs and maintenance are being
performed as is practicable under the circumstances; (b) the Owner performing
such repair and maintenance shall promptly pay all costs and expenses associated
with any such repair and maintenance, subject to any provisions for
reimbursement which may be expressly contained in this Agreement; (c) the
Owner performing such repair and maintenance shall diligently complete such
work as quickly as possible; and (d) the Owner performing such repair and
maintenance shall promptly clean and restore the affected portion of the easement
area to a condition equal to or better than the condition which existed prior to the
commencement of such work.
6.5. Costs of Parking Lot Area Maintenance The Owner of the Developer Tract shall
pay to the Owner of the HRA Tract its "proportionate share" of the reasonable
costs and expenses incurred by the Owner of the HRA Tract for the operation,
maintenance and repair (including replacement) of the Parking Lot Area. For
purposes of this Section 6.5, the "proportionate share" of the Owner of the
Developer Tract, shall be a fraction, the numerator of which is 45 and
denominator of which is the total number of parking spaces existing from time to
time in the Parking Lot Area. Such payment shall be made by the Owner of the
Developer Tract within 20 days of submission by the Owner of the HRA Tract of
a statement therefor, accompanied by a reasonable detail and explanation of such
costs and expenses, including copies of bills, contracts and statements, and an
itemization of all the charges of the Owner of the HRA Tract for use of its own
•
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2358282v9
e Developer employees. Failure by the Owner of Tract to make timely payment p
shall result in a lien in favor of the Owner of the HRA Tract on the Developer
Tract in the same manner and pursuant to the same provisions as provided in
Section 14 hereof for cure of a default.
7. Building Improvements
7.1. Standards of Maintenance After completion of construction, each Owner
covenants and agrees to maintain and keep the building improvements, if any,
located on its Tract in good condition and state of repair, in compliance with all
governmental laws, rules, regulations, orders, and ordinances exercising
jurisdiction thereover.
7.2. Casualt . In the event any of the building improvements are damaged by fire or
other casualty (whether insured or not), or if a building on a Tract is being torn
down or demolished the Owner upon whose Tract such building improvements
are located immediately shall remove the debris resulting from such event and
provide a sightly barrier and within a reasonable time thereafter shall either (a)
repair or restore the building improvements so damaged or demolished, or (b)
erect other building improvements or improvements in such location, or (c)
demolish the damaged portion of such building improvements, remove all debris,
and restore the area to an attractive condition. Such Owner shall have the option
to choose which of the foregoing alternatives to perform, but such Owner shall be
obligated to perform one of such alternatives. •
8. [Intentionally Omitted]
9. Insurance
9.1. Liability Insurance Each Owner shall maintain or cause to be maintained in full
force and effect with respect to its Tract Commercial General Liability Insurance
in the amount of at least $1,000,000 per occurrence, $2,000,000 aggregate for
bodily or personal injury or death and for property damage, and umbrella liability
in the amount of $5,000,000. Such insurance shall include a provision for
severability of interests.
9.2. Casualty Insurance The Owner of the HRA Tract shall be responsible for
maintaining casualty insurance coverage for the Pedestrian Link, if constructed.
9.3. Indemnity Subject to the provisions of subsection 9.4 (entitled "Waiver of
Subrogation "), each Owner ( "Indemnitor ") covenants and agrees to indemnify,
defend and hold harmless each other Owner (Indemnitee' ) from and against all
claims, costs, expenses y
and liability including reasonable attorneys' fees and cost
of suit incurred in connection with all claims) arising from or as a result of the
injury to or death of any Person, or damage to the property of any Person, which
shall be caused by the negligence or willful act of such Indemnitor or its
contractors, agents, servants, or employees. .
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2358282v9
9.4. Waiver of Subrop-ation Notwithstanding anything to the contrary contained in
this Agreement, each Owner (the "Releasing Owner ") hereby releases and waives
for itself and on behalf of its insurer, any other Owner (the "Released Owner ")
from any liability for any loss or damage to all property of such Releasing Owner
located upon any portion of the Center, which loss or damage is of the type
generally covered by property insurance provided under the Comprehensive
Replacement Cost Form, irrespective either of any negligence on the part of the
Released Owner which may have contributed to or caused such loss, or of the
amount of such insurance required or actually carried. Each Owner agrees to use
its best efforts to obtain, if needed, appropriate endorsements to its po licies of
insurance with respect to the foregoing release; provided, however, that failure to
obtain such endorsements shall not affect any r elease given p ursuant to this
subsection.
9.5. General Requirements The insurance required by this Section shall specifically
extend to contractual obligations of the insured party arising out of the
indemnification obligations set forth in this Agreement. Such insurance may be
carried under a blanket policy or policies which includes other liabilities,
properties and locations of such Owner. All insurance required by this Section
shall be procured from financially responsible insurance companies licensed to do
business in the state of Minnesota.
• 10. Taxes and Assessments
Each Owner shall be responsible for paying all taxes and assessments relating to its Tract
improvements located thereon and an personal property owned or
the buildings and improv Y
leased by such Owner in the Center.
11. Liens
In the event any mechanic's lien is filed against the Tract of one Owner as a result of
services performed or materials furnished for the use of another Owner, the Owner for
whose benefit such services were performed or materials were furnished agrees to cause
such lien to be discharged prior to entry of final judgment (after all appeals) for the
foreclosure of such lien and further agrees to indemnify, defend, and hold harmless the
other Owner and its Tract against liability, loss, damage, costs or expenses (including
reasonable attorneys' fees and cost of suit) on account of such claim of lien. Upon request
such lien
of the Owner whose
Tract is subject to s , the Owner for whose benefit such
J
services were performed or materials were furnished agrees to cause such lien to be
released and discharged of record within 14 days after the filing of such lien, either by
paying the indebtedness which gave rise to such lien or by posting bond or other security
as shall be required by law to obtain such release and discharge; if the Owner for whose
benefit such services were performed or materials were furnished fails to obtain such
release and discharge within such 14 day period, the Owner of the Tract against which
such lien was recorded may cause such lien to be released and discharged of record,
either by paying the indebtedness which gave rise to such lien or by posting bond or other
e in which case
s shall be required fired b ,
security a q y law to obtain such release and discharg
•
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es were •
the Owner for whose benefit such services performed or materials were furnished p
shall immediately upon demand reimburse the Owner of such Tract for all costs and
expenses incurred in connection with obtaining such release and discharge. Nothing in
this Agreement shall prevent an Owner for whose benefit such services were performed
or materials were furnished from contesting the validity of such lien in any manner such
Owner chooses so long as such contest is pursued with reasonable diligence. In the event
such contest is determined adversely (allowing for appeal to the highest appellate court),
such Owner shall promptly pay in full the required amount, together with any interest,
penalties, costs, or other charges necessary to release such lien. Notwithstanding
anything herein to the contrary, the cost of the initial construction of the Pedestrian Link,
and any liens resulting therefrom, shall be fully paid by Developer as provided in the
Development Agreement. Notwithstanding any provision of this Agreement to the
contrary, Developer shall indemnify, defend and hold harmless HRA and the HRA Tract
from all mechanics' liens, claims, actions, proceedings and costs incurred in connection
therewith (including reasonable attorneys' fees and costs of suit) resulting from the
construction and installation of the Pedestrian Link, and any warranty work performed by
or under Developer, on the HRA Tract.
12. Con_ sents
Unless expressly provided otherwise in this Agreement, whenever consent is required in
this Agreement, such consent shall not be unreasonably withheld or delayed. Unless
provision is made for a specific time period, consent shall be given or withheld within 30
days of the receipt of the request for consent. If a notice that consent will be refused is •
not given within the required time period, the requested Owner shall be deemed to have
given its consent. If an Owner shall refuse consent, the reasons therefor shall be stated.
Except with respect to a consent given by lapse of time, all consents and refusals to
consent shall be in writing. Any right to consent contained in this Agreement shall be
Tract to which such right Owner
owning the ht relates. Any purchaser of any g
held b the O g
Y
Tract in the Center shall automatically acquire any right to consent at such time as such
purchaser becomes an Owner, unless the selling Owner (a) conveys less than all of its
ownership interest in the Center and (b) provides in writing, either in the deed conveying
a portion of its ownership interest in the Center or in another agreement executed by the
selling Owner and recorded in the Hennepin County Registrar of Title's office prior to or
simultaneously with such deed, that such selling Owner retains the right or rights of
consent described in such instrument. Until a purchaser becomes an Owner, and only to
the extent the selling Owner does not so retain any right to consent, all rights to consent
associated with such Tract shall remain with the selling Owner and its heirs, successors
and assigns with respect to the non - conveyed portion of the Tract.
13. Condemnation
In the event any portion of the Center shall be condemned, the award shall be paid to the
Owner owning the land or the improvement taken, except that (a) if the taking includes
improvements belonging to more than one Owner, such as utility lines, the portion of the
award allocable thereto shall be used to relocate, replace or restore such jointly owned
improvements to a useful condition, and (b) if the taking includes easement rights which
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•
are intended to extend beyond the term of this Agreement, the portion of the award
allocable to each such easement right shall be paid to the respective grantee of such
easement. In addition to the foregoing, if a separate claim can be filed for the taking of
any other property interest existing pursuant to this Agreement which does not reduce or
diminish the amount paid to the Owner owning the land or the improvement taken, then
the owner of such other property interest shall have the right to seek an award for the
taking of such interest. Notwithstanding the foregoing to the contrary, any award for the
taking of the Pedestrian Link or any portion thereof, if constructed, irrespective of who
owns the land on which the taken Pedestrian Link or portion thereof is located, shall be
the sole and exclusive property of the Owner of the HRA Tract.
14. Default
14.1. Force Majeure The time within which any Owner to this Agreement is required
to perform any act shall be extended to the extent that performance of such act is
delayed by Force Majeure, but only if such delay was beyond that Owner's
reasonable control and was not caused by its fault or negligence. "Force Majeure"
shall mean acts of god, fire, abnormal weather, explosion, riot, war, labor
disputes, governmental restrictions, inability to obtain necessary materials, or any
other cause beyond such Owner's reasonable control. If a delay of performance
occurs and such delay is excusable under this provision, the period for
performance shall be extended for a time equal to the time lost because of the
Force Majeure, but only if the Owner entitled to such extension give, prompt
notice to all other Owners of the occurrence causing the delay and if the Owner so
excused acts in good faith and uses due diligence to perform. The inability to
obtain financing or lack of money shall not constitute Force Majeure.
14.2. Notice; Cure If any Owner fails to comply with any provision of this Agreement
(the "Defaulting Owner "), then any other Owner (the "Non- Defaulting Owner ")
may upon 30 days' prior written notice to the Defaulting Owner, proceed to cure
the default (and shall have a license to do so) by the payment of money or
performance of some other action for the account of the Defaulting Owner. The
foregoing right to cure shall not be exercised if within the 30 day notice period (a)
the Defaulting Owner cures the default, or (b) if the default is curable, but cannot
reasonably be cured within that time period, the Defaulting Owner begins to cure
such default within such time period and diligently pursues such cure to
completion.. The 30 day notice period shall not be required if, using reasonable
judgment, the Non - Defaulting Owner deems that an emergency exists which
requires immediate attention. In the event of such an emergency, the Non -
Defaulting Owner shall give whatever notice to the Defaulting Owner as is
reasonable under the circumstances. The Defaulting Owner hereby grants to the
Non- Defaulting Owner a nonexclusive easement over, across and under any and
all parts of the Defaulting Owner's Tract for all purposes reasonably necessary to
enable the Non - Defaulting Owner (or its agents, contractors or subcontractors) to
perform any of the terms, provisions, covenants or conditions of this Agreement
that the Defaulting Owner is obligated to perform but has failed to perform after
. notice and the opportunity to cure pursuant to this subsection.
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of Costs to Cure• Lien Within 10 days after written demand •
14.3. Reimbursement _ Y
(including providing copies of invoices reflecting costs) the Defaulting Owner
shall reimburse the Non - Defaulting Owner for any amount reasonably spent by
the Non - Defaulting Owner to cure the default, together with interest on such
amount. The Non - Defaulting Owner shall have a lien upon the Defaulting
Owner's right, title, and interest in and to any portion of the Defaulting Owner's
Tract to secure payment of all amounts due to the Non - Defaulting Owner under
this subsection. The Non - Defaulting Owner shall have the right, but not the
obligation, to record its lien, but at all times its lien pursuant to this subsection
shall be subject and subordinate to (a) the lien of any mortgage or deed of trust
held by any institutional lender, or any extension, renewal, modification or
refinancing thereof, on the Defaulting Owner's Tract; (b) the leasehold estate
created by any lease of all or any part of the Defaulting Owner's Tract; (c) any
other lien of record against the Defaulting Owner's Tract as of the date that the
Non- Defaultin g Owner's lien is recorded. The Defaulting Owner shall execute
such instruments and documents as the Non - Defaulting Owner may reasonably
request to permit the recordation of such lien. The Non - Defaulting Owner shall
have the right to foreclose such lien in the manner provided by laws of the State
of Minnesota governing mechanics liens.
14.4. Estoppel Each Owner shall, within 15 days after written request from another
Owner (but not more often than twice in any 12 month period), execute and
deliver to the requesting party an estoppel letter certifying whether or not the
certifying Owner has filed any liens, as provided in subsection 14.3, against any ,
Tract, and whether or not any other Owner is delinquent in any payments required
to be made to the certifying Owner pursuant to this Agreement.
14.5. Interest Wherever and as often as one Owner shall not have paid any sum
payable hereunder to another Owner within five days of the due date, such
delinquent Owner shall pay interest on such amount from the due date, through
and including the date such payment is received by the Owner entitled thereto, at
the lesser of the following: (a) the highest rate permitted by law to be paid on such
type of obligation by the Owner obligated to make such payment; or (b) three
percent per annum in excess of the interest rate from time to time publicly
announced by U.S. Bank National Association ( "U.S. Bank "), a national banking
association having its main offices in Minneapolis, Minnesota, or its successor, as
its reference rate (the "Reference Rate "), even though U.S. Bank, or its successor,
may lend funds to its customers at interest rates that are at, above, or below the
Reference Rate.
14.6. Minimization of Damages In all situations arising out of this Agreement, all
Owners shall attempt to avoid and minimize the damages resulting from the
conduct of any other Owner. Each Owner shall take all reasonable measures to
effectuate the provisions of this Agreement.
14.7. Agreement Shall Continue Notwithstanding Breach It is expressly agreed that no
breach of this Agreement shall (a) entitle any Owner to cancel, rescind, or •
C -1.9
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otherwise terminate this Agreement, or (b) defeat or render invalid the lien of any
mortgage or deed of trust made in good faith and for value as to any part of the
Center; however, such limitation shall not affect in any manner any other rights or
remedies which an Owner may have under this Agreement by reason of any such
breach.
15. Notices
All notices given under this Agreement shall be in writing and shall be sent postage
prepaid by either (a) United States certified mail, return receipt requested, or (b) for
delivery on the next business day with a nationally - recognized express courier. All such
notices shall be sent to the following addresses, until such addresses are changed by 30
days' notice:
To EDA: Economic Development Authority of
Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430 -2199
Attn: Executive Director
To HRA: The Housing and Redevelopment Authority
in and for the City of Brooklyn Center
6301 Shingle Creek Parkway
• Brooklyn Center, Minnesota 55430 -2199
Attn: Executive Director
To Developer: Brooklyn Hotel Partners, LLC
c/o Oliver Companies, Inc.
5629 Grand Avenue, Suite 2
Duluth, Minnesota 55807
Attn: Seth Oliver
Notices shall be deemed given as of the date such notice is postmarked, if sent by
certified mail, or is placed with an express courier, if sent by express courier. If the last
day for giving any notice or taking any action required or permitted under this Agreement
would otherwise fall on a Saturday, Sunday, or legal holiday, that last day shall be
postponed until the next legal business day.
16. Miscellaneous
16.1. Liability Limitation Notwithstanding any provisions of this Agreement to the
contrary, including without limitation the indemnifications and agreements
described in subsections 5.3, 6.3 and 9.3, and the requirements for insurance as
described in Section 9, the liability of HRA and EDA under this Agreement shall
be limited as provided in Chapter 466 of Minnesota Statutes in effect from time to
time, and nothing contained in this Agreement shall be deemed to constitute a
waiver of such limitations or an agreement by HRA or EDA to its increase or
r amend its limited liability as described in such statutes.
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2358282v9
All easements •
16.2. Confirmation of Easements A ranted under this Agreement shall g
exist by virtue of this Agreement, without the necessity of confirmation by any
other document. Upon the request of any Owner, each other Owner will sign and
acknowledge a document memorializing the existence (including the legal
description, location and any conditions), or the termination (in whole or in part),
or the release (in whole or in part), as the case may be and to the extent
applicable, of any easement.
16.3. Negation of Partnership None of the terms or provisions of this Agreement shall
be deemed to create a partnership between or among the Owners in their
respective businesses or otherwise, nor shall it cause them to be considered joint
venturers or members of any joint enterprise. Each Owner shall be considered a
separate arate Owner, and no Owner shall have the right to act as an agent for another
Owner, unless expressly authorized to do so in this Agreement or by separate
written instrument signed by the Owner to be charged.
16.4. Not a Public Dedication Nothing contained in this Agreement shall be deemed to
be a gift or dedication of any portion of the Center, or of any Tract, or of any
general Y public P ublic use or
portion of the Center or any Tract, to the g p or for an
purpose whatsoever.
16.5. Entire Agreement: Enforceability This Agreement, including any Recitals and
any attached Exhibits, all of which are made a part of this Agreement, and the
concerning
he entire agreement of the wne
Development Agreement contains t h O rs concer g •
this subject matter. This Agreement should be read carefully because only those
terms in writing in this Agreement ree
ment are enforceable. No other terms or oral
promises which are not in this Agreement may be legally enforced, and no
promises, projections, inducements or representations made before the Execution
Date will change the terms of this Agreement or be binding on any Owner. No
promises or other terms shall be implied in this Agreement. If there is a conflict
between the terms of this Agreement and the Development Agreement, the terms
of the Agreement will control.
16.6. Amendments. Except as provided otherwise in this Section, this Agreement may
only be amended by a written agreement signed by all of the then current Owners,
except that a provision of this Agreement which only affects specific Tracts may
be amended by a written agreement signed by all of the then current Owners of
the affected Tracts. Any amendment of this Agreement shall be effective only
when recorded in the county and state where the Center is located. No consent to
the amendment of this Agreement shall ever be required of any Occupant or
Person other t han the Owners whose consent is required pursuant to the
provisions of this Section, nor shall any Occupant or Person other than the
Owners whose consent is required pursuant to the provisions of this Section have
any right to enforce any of the provisions of this Agreement.
16.7. Bind in iciaries This Agreement shall both bind
fef
ct: No Third Owner Benef g
a E
and benefit the parties to this Agreement and their respective heirs, personal
C -21
2358282v9
• representatives, successors and assigns who become Owners. The Owners do not
intend that there be any third party or other beneficiaries of this Agreement. The
easements, covenants, agreements, conditions, terms, obligations, limitations and
undertakings in this Agreement shall be construed as covenants running with the
land. This Agreement is not intended to supersede, modify, amend, or otherwise
change the provisions of any prior instrument affecting the Center.
16.8. Waivers: Consents An Owner shall not be deemed to have made a waiver or
consent under this Agreement unless it does so in writing, and the mere failure of
an Owner to act to enforce any provision of this Agreement shall not be
considered a waiver or consent and shall not prevent that Owner from enforcing
any provision of this Agreement in the future. Any waiver or consent under this
Agreement shall apply only to the matter expressly waived or consented to, and
shall not be deemed to be a waiver of or consent to any subsequent breach or of
any other provision of this Agreement.
16.9. Time of the Essence Time is of the essence with respect to all matters provided
in This Agreement.
16.10. Severability The invalidity or unenforceability of one provision of this
Agreement will not affect the validity or enforceability of the other provisions.
16.11. Captions The section numbers and captions are inserted only as a matter of
• convenience, and do not in any way define, limit, or describe the scope or intent
of this Agreement. Any references in this Agreement to a Section or subsection
shall refer to such Section or subsection of this Agreement, unless expressly
provided otherwise.
16.12. Interpretation of "including" and "day " . Wherever the word "including" is used in
this Agreement, or in any recital or exhibit to this Agreement, it shall mean
"including without Limitation." Wherever the word "day[s]" is used in this
Agreement, or in any recital or exhibit to this Agreement, and the word "business"
does not appear immediately before such word, such word shall mean "calendar
day[s]."
16.13. Counterparts This Agreement may be executed in several counterparts, each of
which shall be deemed an original, and all of which together shall constitute one
and the same instrument.
17. No Offer
The submission of this Agreement for examination and negotiation does not constitute an
offer to enter into an agreement, and this Agreement shall not be binding on any party
until it is executed and delivered by each party to this Agreement.
•
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2358282v9
18. Amendment and Restatement
As of the Execution Date, this Agreement amends and restates in its entirety the
Easement Agreement, and each of the parties hereto hereby releases, terminates and
extinguishes all of the easements described in the Easement Agreement except to the
extent such easements are regranted and restated in this Agreement. To the extent any
such easements are so released, terminated and extinguished, this Agreement shall
constitute a transfer and conveyance by the benefited owner of such released, terminated
and extinguished easements to the Owner of land on which such released, terminated and
extinguished easements are located.
[end of page]
•
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2358282v9
EDA, HRA and Developer have signed this Agreement below as of the Execution Date.
EDA
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER
By:
Its: President
And By:
Its: Executive Director
!
C -24
2358282v9
I
i
HRA
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
BROOKLYN CENTER
By:
Its: Chairman
And By:
Its: Executive Director
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2358282v9
•
DEVELOPER
BROOKLYN HOTEL PARTNERS, LLC
By:
Its:
•
C -26
2358282v9
•
ACKNOWLEDGEMENTS
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on June _, 2010, by Tim Willson, the President,
and Cornelius L. Boganey, the Executive Director, of the Economic Development Authority of
Brooklyn Center, a Minnesota public body corporate and politic, on behalf of the body.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on June _, 2010, by Titre Willson, the Chairman,
and Cornelius L. Boganey, the Executive Director, of The Housing and Economic Development
Authority in and for the City of Brooklyn Center, a Minnesota public body corporate and politic,
on behalf of the body.
Notary Public •
STATE OF MINNESOTA )
)ss.
COUNTY OF )
This instrument was acknowledged before me on June _, 2010, by , the
of Brooklyn Hotel Partners, LLC, a Minnesota limited liability company,
on behalf of the company.
Notary Public
My Commission Expires:
This Instrument was Drafted By:
Briggs and Morgan, P.A.
2200 IDS Center
80 South 8 Street
Minneapolis, MN 55402 -2157
•
C -27
2358282x9
EXHlBrr A SITE PLAN! �
. ...__.._ _.... _._______._._—
.....� � -- �Y�Z•— kiL-> i- g- y. y�.,,_' SM-- YK—% M- 1(v:�Y._. #— Z-- #...- #..— Z —.R —y ^.S —Y_.._ , i
- � f ( ' y
PARaW LOT AREA
U
€3EVLER T iAGT tll � 1
LOT i SL= i ° .. .
L BROOKLYN FARtt 2ND AD
D17tON
o
t �fF.RED ORIVEWAI` ARcK
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EQA TRACT � ' N
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BROOKLYN FARM ZND A0O1104. -.. ___ L.
-.
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PORFION PF PE OES RIAN
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PEDESTRIAN —�
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CORRIDOR A -k
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N I
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II
Exhibit B
(Pedestrian Link Corridor Area located on Developer Tract — Legal Description)
An easement for pedestrian walkway purposes over and across that part of Lot 1, Block 1,
BROOKLYN FARM 2ND ADDITION according to the recorded plat thereof, Hennepin
County, Minnesota described as follows:
Commencing at the northeast comer of said Lot 1, Block 1; thence on an assumed bearing of
South 01 degree 23 minutes 22 seconds West, a distance of 209.50 feet to a southeast corner of
said Lot 1, Block 1; thence North 87 degrees 14 minutes 38 seconds West, along a south line of
said Lot 1, Block 1, a distance of 60.1.6 feet to the point of beginning of the area to be described;
thence continuing North 87 degrees 14 minutes 38 seconds West, along a south line of said Lot
1, Block l., a distance of 10.00 feet; thence North 02 degrees 42 minutes 56 seconds East a
distance of 12.00 feet; thence South 87 degrees 17 minutes 04 seconds East, a distance of 10.00
feet; thence South 02 degrees 42 minutes 56 seconds West a distance of 12.01 feet to the point of
beginning of the area described.
The location of said easement is depicted and referred to as the 'Pedestrian Link Corridor
Easement' on page B -2.
C -29
2358282v9
SURVEY LEGEND - EXISTING CONDI I10NS F m
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•
Exhibit C
(Shared Driveway Area — Developer/EDA Legal Description)
An easement for access purposes over and across that part of Lot 1, Block 1, BROOKLYN
FARM 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota
described as follows:
Beginning at the southwest corner of said Lot 1, Block 1; thence east along the
south line of said Lot 1, Block 1, a distance of 310.00 feet; thence north at right
angles to the south line of said Lot 1, a distance of 25.00 feet; thence west, parallel
with the south line of said Lot 1 to the westerly line of said Lot 1; thence
southerly along said westerly line to the point of beginning of the easement
described.
•
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Exhibit D
(Shared Driveway Area — Developer/HRA Legal Description)
An casement for access purposes over and across that part of Lot 1, Block 1, BROOKLYN
FARM 2ND ADDITION, according to the recorded plats thereof, Hennepin County, Minnesota
described as follows:
t the northeast corner of said Lot 1
Beginning a , Block 1; thence west along the
north line of said Lot 1, Block 1, a distance of 13.00 feet; thence south, parallel
with the east line of said Lot 1, Block 1, a distance of 209.50 feet, to the south line
of said Lot 1, Block 1; thence east along the south line of said Lot 1, Block 1, a
distance of 13.00 feet to the Southeast corner of said Block 1.; thence north along
the east line of said Lot 1, Block 1 to the point of beginning of the easement
described.
•
s
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Lender Consent
The undersigned, The Prudential Insurance Company of America, a New Jersey
corporation, as the holder and owner of the mortgagee's interest in and to that certain Mortgage,
Assignment of Leases and Rents, and Financing Statement, recorded on January 23, 2008 in the
office of the Hennepin County Registrar of Titles as Document Nos. 4464044, 4464045 and
4464046, respectively (collectively, the "Mortgage "), hereby consents to the execution, delivery
and recording of the Amended and Restated Parking, Access and Pedestrian Link Easement
Agreement attached hereto (the "Easement Agreement "), and hereby agrees that all of its
interests in and to the real property described in the Mortgage is and shall be subject to the terms
and provisions of the Easement Agreement and the easements described therein.
The Prudential Insurance Company of America
By:
Its:
•
State of )
ss.
County of )
On , 2010, before me, a notary public in and for said County and State,
appeared , the of The Prudential Insurance
Company of America, a New Jersey corporation, who executed the foregoing on behalf of said
bank and who acknowledged to me that he /she signed the same for the purposes therein stated.
Notary Public
My commission expires:
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EXHIBIT D
FIRST AMENDMENT TO LEASE
This First Amendment to Lease (this "Amendment ") is made and entered into as of
June 29, 2010, by and between Economic Development Authority of Brooklyn Center, a
body corporate and politic organized and existing under the laws of the State of Minnesota
( "Landlord "), and Brooklyn Hotel Partners, LLC, a Minnesota limited liability company
( "Tenant ").
Recitals:
A. Landlord, as Landlord, and Tenant, as Tenant, entered into a certain Lease dated
November, 2007 (the "Lease "), which Lease covers approximately 4,100 square feet of premises
located in Building D of the Earle Brown Heritage Center in Brooklyn Center, Minnesota.
B. Landlord and Tenant desire to amend the Lease to provide for a definitive
commencement and expiration date for the term of the Lease and to revise the description of the
leased premises, and to provide for a payment by Tenant to Landlord to reimburse Landlord for
• certain lost revenues.
Agreements:
In consideration of the foregoing premises, the mutual covenants and promises
hereinafter set forth, and other good and valuable consideration, Landlord and Tenant hereby
agree as follows:
1. Recitals; Defined Terms The foregoing recitals are true and correct and are
incorporated herein by reference. Capitalized terms not defined in this Amendment shall have the
same meaning ascribed to such terms in the Lease.
2. Lease Date The date of the Lease is hereby confirmed to be November 1, 2007.
3. Demised Premises The Demised Premises is hereby amended to describe and
include only a portion of the building known as 'Building D," more specifically identified on
Exhibit A attached hereto, consisting of approximately 3,265 square feet and located within the
complex known as the Earle Brown Heritage Center ( "Center ").
4. Term Commencement Date The Term Commencement Date shall be the date
as established pursuant to Section 5 of this Amendment.
5. Section 2.2 — Term Commencement;. Term Termination The term of the
Lease shall commence on the first day of the calendar month following written notice from
Landlord to Tenant that the 'Pedestrian Link" is substantially completed and ready for use, as
•
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evidenced by the issuance by the City of Brooklyn Center of a certificate of occupancy therefor. •
The Lease shall expire ten (10) years after such first day of the calendar month following such
notice, subject to extension as provided in Section 2.3 of the Lease (the " Term Expiration Date "),
unless sooner terminated as provided in the Lease. For purposes hereof, "Pedestrian Link" shall
mean and refer to that certain pedestrian link referred to as the "Connection" in that certain
Development Agreement by and between Landlord, the City of Brooklyn Center and Tenant
dated October 23, 2006, as amended. In the event the Pedes trian Link is not substantially
completed and ready for use, as evidenced by the issuance by the City of Brooklyn Center of a
certificate of occupancy therefor, on or before the fifth anniversary of the date of this
Amendment, the Lease shall automatically terminate and shall become null and void.
6. Correction of Tyimranhical Error Section 14.3 of the Lease is hereby
amended and renumbered 13.3. There is no Article IV in the Lease.
7. New Section 13.4 The following new section is hereby added to the Lease:
13.4 Right of Set -off and Security Agreement
(a) In addition to all other remedies available to Landlord as provided in this
Lease, upon a default by Tenant of any of Tenant's payment obligations to Landlord
under this Lease (whether the payment of rent or otherwise), Landlord may (and
notwithstanding any other provision of this Lease to the contrary), without notice to
Tenant, cause the City of Brooklyn Center ( "City ") to set -off the amount of such
delinquent payment (for the account of Landlord) against amounts which are or may •
become due and owing by the City to Tenant as "Tax Abatements" as described in and
pursuant to that certain Development Agreement by and among Landlord, Tenant and
ua
City dated October 23, 2006, as amended July 23, 2007, October 8, 2007, January 17,
2008 and June 29 2010 as amended the "Development Agreement").
0 ( P g
b In order to secure the prompt payment and performance of all obligations of
Tenant to Landlord under this Lease now or hereafter arising, including without
limitation, all indebtedness, liabilities, and obligations of Tenant of every kind, nature
and description under the Lease Agreement. Tenant hereby grants to Landlord a security
interest in all of Tenant's rights in and to the Tax Abatements as described in the
Development Agreement ( "Collateral "). The address of the Landlord, as secured party, is
6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430 -2199, Attn.: Executive
Director.
The Tenant will defend the Collateral against all claims or demands of all persons
(other than the Landlord) claiming the Collateral or any interest therein. The Tenant will
not change its state of registration unless the Landlord has been given at least 30 days
prior written notice thereof and the Tenant has executed and delivered to the Landlord
such Financing Statements and other instruments required or appropriate to continue the
perfection of the Landlord's security interest. The Tenant agrees that from time to time,
at its expense, it will promptly execute and deliver all further instruments and documents,
and take all further action, that may be necessary or that the Landlord may reasonably
request, in order to perfect and protect the security interest granted or purported to be
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granted hereby or to enable the Landlord to exercise and enforce its rights and remedies
hereunder with respect to any Collateral. The Tenant hereby authorizes the Landlord to
file one or more Financing Statements or continuation statements in respect thereof, and
amendments thereto, relating to all or any part of the Collateral without the further
consent of the Tenant where permitted by law. At any time after the occurrence of any
default under the Lease Agreement, until such default is cured to the satisfaction of the
Landlord, the Landlord may (but need not), in the Landlord's name or in Tenant's name,
execute and deliver proofs of claim, receive all such monies, endorse checks and other
instruments representing payment of such monies, and adjust, litigate, compromise or
release any claim against the issuer of any such policy. Upon the occurrence of a default
under the Lease Agreement and at any time thereafter until the default is cured to the
reasonable satisfaction of the Landlord, the Landlord may exercise and enforce any and
all rights and remedies available upon default to a secured party under the Uniform
Commercial Code. Upon the occurrence of such a default and at any time thereafter until
the default is cured to the reasonable satisfaction of the Landlord, the Landlord may
notify any person obligated on any Collateral that the same have been assigned or
transferred to the Landlord and that the same should be performed as requested by, or
paid directly to, the Landlord, as the case may be. The Tenant shall join in giving such
notice, if the Landlord so requests.
8. Certain Payment On the date hereof Tenant has paid to Landlord $72,181
representing certain lost revenues arising from the adjustment of the Commencement of the
• Term of the Lease as herein provided.
9. Full Force and Effect Except as expressly amended by this Amendment, the
Lease will remain in full force and effect in accordance with its terms, provisions and conditions.
10. Governin! Law This Amendment shall be governed by and construed in the
same manner as .provided in the Lease.
11. Counterparts This Amendment may be executed in counterparts and all such
executed counterparts shall constitute the same agreement. it shall be necessary to account for
only one such counterpart in proving this Amendment. Facsimile signatures shall be deemed
original signatures for all purposes.
[end of page]
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Landlord and Tenant have caused this Amendment to have been duly executed and
delivered as of the day and year first above written.
Landlord: Economic Development Authority of
Brooklyn Center
By
Its President
And By
Its Executive Director •
•
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•
Tenant: Brooklyn Hotel Partners, LLC
By
Its
DRAFTED BY:
Briggs and Morgan, P.A. (DGG)
2200 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402 -2157
Telephone: (612) 977 -8400
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Exhibit A •
Demised Premises
That part of the structure known as 'Building D" and /or the "D Barn" shown and depicted as the
hatched area on the site plans attached, which 'Building D" is located upon the following
described real property:
Tract F, Registered Land Survey No. 1594, Hennepin County, Minnesota.
•
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•
EXHIBIT E
SECURITY INTEREST SUBORDINATION AGREEMENT
This Security Interest Subordination Agreement (this "Agreement ") is made effective as
of the 29 day of June, 2010, by and between Hurlbut - Zeppa Charitable Trust AR, a Minnesota
charitable remainder trust, by Alan Zeppa, the sole trustee ( "Lender "), and the City of Brooklyn
Center, a Minnesota municipal corporation (the "City "), the Economic Development Authority
of Brooklyn Center, a body corporate and politic organized and existing under the laws of the
State of Minnesota (the "EDA ") and The Housing and Redevelopment Authority in and for the
City of Brooklyn Center (the "HRA ").
RECITALS
A. Pursuant to a Development Agreement dated October 23, 2006 by and between
the City, the EDA and Brooklyn Hotel Partners, LLC, a Minnesota limited liability company
( "Developer "), as amended July 23, 2007, October 8, 2007, January 18, 2008 and June 29, 2010
(as amended, the "Development Agreement "), the City has agreed to make certain tax abatement
payments to the Developer ( "Tax Abatement Payments ") conditioned upon, and in accordance
with the terms and conditions of the Development Agreement.
B. The Developer has previously assigned the Tax Abatement Payments, and granted
a security interest therein, to and in favor of Lender pursuant to: (1) that certain Assignment of
Right to Receive Tax Abatement Payments dated January 18, 2008 by and between the
Developer and the Lender (the "Assignment "), and (2) that certain Security Agreement dated
January 18, 2008 by and between the Developer and the Lender (the "Security Agreement ").
C. The Developer has previously entered into: (1) a certain lease dated November,
2007 with the EDA for the leasing of space in the Earle Brown Heritage Center (the "Center ") as
amended June 29, 2010 (as amended, the "Lease "), and (2) a certain License Agreement with the
HRA dated June 29, 2010 (the "License ") for the use of an enclosed pedestrian link located in the
Center, if and when constructed by the City or the EDA.
D. Pursuant to the Lease and the License the Developer has agreed to make certain
payments and reimbursements to the EDA and the HRA, which payment obligations are secured
by (1) a right of set -off by the City, for the account of the EDA and/or the HRA, as applicable,
against the Tax Abatement Payments, and (2) a security interest in the Tax Abatement Payments
all as further set forth and described in the Lease and the License.
E. In order to induce the EDA to enter into an amendment to the Lease of even date
herewith and in order to induce the HRA to enter into the License, Lender has agreed to
subordinate its assignment rights and security interest in the Tax Abatement Payments to the
right of set -off and the security interest in the Tax Abatement Payments granted to the EDA and
the HRA in the Lease and the License in accordance with the terms of this Agreement.
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AGREEMENTS
•
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged; the parties hereto agree as follows:
1. The Lender hereby agrees that, regardless of any priority otherwise available to
the Lender by law or by agreement, any security interest which the Lender now or may have at
any time hereafter in the Tax Abatement Payments together with all products and proceeds
thereof, is, and shall be, and shall remain subordinate for all purposes to: (a) the right of set -of
granted by the Developer to the EDA and the HRA in the Lease and the License, respectively,
and (b) any security interest in the Tax Abatement Payments now held or at any time thereafter
granted to or acquired by the EDA and /or the HRA to secure the payment obligations of the
Developer under the Lease and /or the License.
2. The Lender hereby consents to the grant by the Developer of a security interest in
the Tax Abatement Payments to the EDA and the HRA as collateral security for the Developer's
payment obligations under the Lease and the License.
3. Lender hereby agrees that after written notice to the Lender from the EDA and /or
the HRA of the occurrence of a default by the Developer of its obligations under the Lease
and/or the License, the Lender will not exercise any collection rights with respect to the Tax
Abatement Payments, will not take possession of the Tax Abatement Payments, and will not
exercise or enforce any right or remedy which may be available to the Lender with respect to the
Tax Abatement Payments without the prior written consent of the EDA and the HRA.
4. The Lender warrants that any purchaser or transferee of, or successor to, any
security interest of the Lender in any or all of Tax Abatement Payments will be given detailed
written notice of the subordination accomplished hereby, prior to the time of purchase, transfer
or succession.
5. All notices given under this Agreement shall be in writing and shall be sent
postage prepaid by either (a) United States certified mail, return receipt requested, or (b) for
delivery on the next business day with a nationally - recognized express courier. All such notices
shall be sent to the following addresses, until such addresses are changed by 30 days' notice:
To EDA: Economic Development Authority of
Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430 -2199
Attn: Executive Director
To HRA: The Housing and Redevelopment Authority
in and for the City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430 -2199
Attn: Executive Director
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•
To City: City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430 -2199
Attn: City Manager
To Lender: Hurlbut -Zeppa Charitable Trust, AR
222 East Superior Street, Suite 302
Duluth,
Minnesota 55802
Attn: Tony Cuneo
Notices shall be deemed given as of the date such notice is postmarked, if sent by
certified mail, or is placed with an express courier, if sent by express courier. If the last day for
giving any notice or taking any action required or permitted under this Agreement would
otherwise fall on a Saturday, Sunday, or legal holiday, that last day shall be postponed until the
next legal business day.
6. This Agreement is made under the laws of the State of Minnesota. It cannot be
waived or changed or terminated except by a writing signed by the parties to be bound
hereunder. It shall be binding upon the Lender and its successors, representatives and assigns.
[end of page]
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HURLBUT -ZEPPA CHARITABLE TRUST AR
By
Alan Zeppa, the sole trustee
CITY OF BROOKLYN CENTER.
By
Its: Mayor
By
Its: City Manager
ECONOMIC DEVELOPMENT AUTHORITY OF
THE CITY OF BROOKLYN CENTER
By
Its President •
By
Its Executive Director
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
BROOKLYN CENTER
By
Its Chairman
By
Its Executive Director
•
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AGENDA
CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION
June 28, 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
PENDING LIST FOR FUTURE WORK SESSIONS
Later /Ongoing
1. Sister City Update — Curt
2. 57th and Logan Update
3. Strategic Outcome Reports
4. Prosecutor Services Contract
5. Community Schools Update
6. 2011 Brooklyn Center Celebration Update
7. Neighborhood Designations
• 8. Junk and Inoperable Vehicles Update — Back Yard Parking
9. Minn. Stat. 273.128 4d Rental Properties — Annual Report — January
10. Brookdale Mall Update
11. Joslyn/City Property Remediation Update
12. Department Year End Reports
13. Active Living Program
14. RER — Howe Fertilizer Update
15. Garbage Hauler Report
•