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HomeMy WebLinkAbout2011 02-14 CCP Regular Session AGENDA • CITY COUNCIL STUDY SESSION February 14, 2011 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 of Brooklyn Center February 14, 2011 AGENDA 1. Informal Open Forum with City Council — 6:45 p.m. — provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda • -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. January 24, 2011— Study Session 2. January 24, 2011 — Regular Session 3. January 24, 2011— Work Session b. Licenses C. Resolution Approving Change Order No. 2, Improvement Project Nos. 2010 -05, 06, 07 and 08, Contract 2010 -13, Twin Lake Area Street and Utility Improvements d. Resolution Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, Delinquent Nuisance Abatement Costs, Delinquent Administrative Fines /Citations, and Administrative Vacant Building Registrations e. Receive Annual Report on Franchise Fees for 2010 f. Resolution Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, Establishment of Tax Increment Financing District No. 5, and the Adoption of a Tax Increment Financing Plan CITY COUNCIL AGENDA -2- February 14, 2011 • Reso lution Approving the Contract for Local 49 g PP g Public Works Maintenance) and ( the City of Brooklyn Center for the Calendar Year 2011 and 2012 h. Receive 2011 Notice from Hennepin County Housing and Redevelopment Authority (HRA) i. Application and Permit for Temporary On -Sale Liquor License Submitted by Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held March 12, 2011 7. Presentations / Proclamations /Recognitions/Donations a. Brooklyn Center Rotary — Donation to Centennial Celebration Committee Requested Council Action: — Motion to accept donation to Centennial Celebration Committee. 8. Public Hearings a. Proposed Use of 2011 Community Development Block Grant Funds 1. Resolution Approving Projected Use of Funds for 2011 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement With Hennepin County and Any Third Party Agreements -This item was first read on January 10, 2011, published in the official newspaper on January 20, 2011, and is offered this evening for Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolution. b. Palmer Lake East Neighborhood Improvements 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2011 -01, 02, 03 and 04, Palmer Lake East Neighborhood Street, Storm Drainage and Utility Improvements 2. Resolution Certifying Special Assessments for Improvement Project Nos. 2011 -01 and 2011 -02, Palmer Lake East Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls -This item was first read on January 24, 2011, published in the official newspaper on February 3, 2011, and is offered this evening for Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolutions. CITY COUNCIL AGENDA -3- February 14, 2011 C. Uni ty Avenue Neighborhood Improvements 1. Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2011 -05, Unity Avenue Street Improvements 2. Resolution Certifying Special Assessments for Improvement Project Nos. Unity p 2Q11 -O5, Uni Avenue Street Im provements to the Hennepin County Tax Rolls -This item was first read on January 24, 2011, published in the official newspaper on February 3, 2011, and is offered this evening for Public Hearing. Requested Council Action: — Motion to open Public Hearing. — Motion to take public input. — Motion to close Public Hearing. — Motion to adopt resolutions. 9. Planning Commission Items a. Planning Commission Application No. 2011 -001 Submitted by George Ogbonna for the Umunne Cultural Association for Special Use Permit Approval to Operate an Event Center at 5939 John Martin Drive. The Planning Commission recommended approval of this application at its January 27, 2011, meeting. Requested Council Action: — Motion to approve Planning Commission Application No. 2011 -001 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Hearing for Kelly McDole, 7219 Major Avenue North, Regarding Potentially Dangerous Dog Declaration Requested Council Action: — Motion to remove from the table. — Motion to open hearing. — Receive testimony from appellant. — Motion to close hearing. — Motion to uphold or reverse the decision and findings of the Animal Control Review Panel b. Resolution Making Findings of Fact and Order Relating to Humboldt Square Ap artments H umboldt Avenue North artments (6 737 and 6743 ) P � Requested Council Action: — Motion to adopt resolution. C. Resolution Making Findings of Fact and Order Relating to Brookhaven Ap artments 3907 3909 and 3911 65th Avenue North) Requested Council Action: • — Motion to adopt resolution. CITY COUNCIL AGENDA -4- February 14, 2011 • d. Amend 2011 City Council Meeting Schedule Requested Council Action: — Motion to set date and time of joint meeting with commissions for Wednesday, April 6, 2011, at 6:00 p.m. in Constitution Hall, Community Center. e. An Ordinance Amending and Repealing Certain Sections of Chapter 23 Relating to Tattoo and Body Piercing Establishments Requested Council Action: — Motion to approve first reading and set second reading and Public Hearing for March 14, 2011. 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 Regulated by the City of Brooklyn Center —This item was tabled at the May 10, 2010, meeting. i EDA MEETING • City of Brooklyn Center February 14, 2011 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. January 24, 2011 — Regular Session 4. Commission Consideration Items • a. Resolution Authorizing Advertisement for Bids, Earle Brown Heritage Center /Embassy Suites Connecting Link Requested Commission Action: — Motion to adopt resolution. 5. Adjournment i HRA MEETING City of Brooklyn Center February 14, 2011 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 Agenda 3. Approval of Agenda and Consent A g —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 conse nt 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 13, 2010 — Regular Session 4. Commission Consideration Items a. Resolution Adopting Housing Improvement Area Policy Requested Commission Action: — Motion to adopt resolution. 5. Adjournment AGENDA CITY COUNCIL /ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION February 14, 2011 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Junk and Inoperable Vehicles Update — Back Yard Parking 2. Progress Reports on Achievement of Strategic Goals 3. Review Proposed Agenda for Facilitated Retreat PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. Hwy 252 Update — February 28 3. School District Discussions/BC Strategic Plan Report 4. All City Open House 5. Sister City Update 6. Neighborhood Designations 7. Department Year End Reports 8. Active Living Program 9. Graduated Sanitary Utility Rate Study 10. Garbage Hauler Organized Collection Update 11. Joint Meeting with Commissions April 6th Follow -up 12. Shingle Creek Crossing 13. Financial Commission Report 14. Youth Participation Request 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 JANUARY 24, 2011 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 Carol Kleven, Kay Lasman, Tim Roche (arrived at 6:02 p.m.), and Dan Ryan. 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, Police Chief Kevin Benner, City Clerk Sharon Knutson, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. and another police officer Others present: City Prosecutor Bill Clelland and Financial Consultant Bob Thistle. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Kleven presented a request to make corrections to the Work Session minutes of January 10, 2011. Mayor Willson explained the types of minute corrections considered by the Council and advised the minutes are to reflect the essence of the meeting rather than a verbatim transcript. Councilmember Ryan confirmed his support to reconsider the Sterling Square revocation and indicated, as the record reads, he had not supported a 12 -month revocation but had voiced support for a 6 -month revocation. He indicated the Work Session minutes correctly reflect his comments. It was the majority consensus of the City Council to accept the following correction to the January 10, 2011 Work Session minutes. Paize 4 Councilmembers /Commissioners Lasman Kleven, and Ryan and Mayor/President Willson indicated they would support reconsideration subject to all requirements being met. Councilmembers /Commissioners Roche and Meve indicated they he would not support reconsideration. 01/24/11 -1- DRAFT City Manager Curt Boganey requested Item 6, Consent Agenda, be amended to remove rental properties 5548 Dupont Avenue N. and 6813 Humboldt Avenue N., Unit B201, to allow time for additional staff review. Mr. Boganey requested discussion on Item 10b, Hearing for Kelly McDole, 7219 Major Avenue North, Regarding Potentially Dangerous Dog Declaration, and reported Mr. McDole had telephoned indicating he may not be able to attend the meeting tonight due to a work conflict. It was indicated that it is at the Council's discretion whether to consider this item or continue to a future meeting. Mr. Boganey referenced the notation on the EDA agenda that it may adjourn to closed Executive Session to discuss the land sale; however, if that discussion is not necessary tonight it could occur at a future Executive Session. MISCELLANEOUS Councilmember Lasman asked whether the parade route would include Dupont Avenue. Public Works Director /City Engineer Steve Lillehaug reported the Event Chair contacted him to discuss this matter and indicated they will make it work to use Dupont Avenue. Councilmember Lasman asked whether Shingle Creek Parkway will be improved on the other side of the bridge. Mr. Lillehaug advised that Shingle Creek Parkway from Freeway Boulevard to the Public Works garage and the Shingle Creek bridge will be improved this year in conjunction with the Unity project. He noted the Unity project requires a Public Hearing because it will be assessed. Councilmember Lasman requested an explanation of the potential for serial meetings to result in an open meeting violation even if attended by fewer than a quorum. City Attorney Charlie LeFevere advised there have not been any cases where the court has found a violation of open meeting law due to serial meetings; however, a violation would occur should two members meet and agree to a certain vote and then hold additional serial meetings with other members to garner votes. The Council acknowledged that it is very cautious, whether on telephone calls, e-mail, or conversations with other Members, to not discuss City business or poll positions. Mr. LeFevere agreed it is best to err on the side of caution. Councilmember Roche referenced a recent newspaper article about a School District getting "good marks." In an effort to rebrand Brooklyn Center to attract young families, he encouraged the Council to consider methods to align and identify the City with Districts that are successfully passing referendums. Mayor Willson explained that in the past, Brooklyn Center had approached its legislators about expanding the Brooklyn Center District to the City's borders but District boundaries had never before been redrawn. However, now a south metro district is considering that action and if . 01/24/11 -2- DRAFT successful, it may have far reaching impacts. Mayor Willson stated he is not advocating one way • or the other but did agree it is difficult to create "community" with Brooklyn Center students who attend school in other municipalities. The majority consensus of the City Council was to direct staff to place this item and discussion of the School District retreat on a future Work Session agenda. Councilmember Ryan and Mayor Willson indicated they were favorably impressed with moderator Professor Roger Warner from St. Cloud during the School District 286 goal setting retreat and looked forward to receiving the report from that retreat. Councilmember Lasman noted a Council representative used to attend area School District meetings and report back on their activities as a way to "keep a finger on the pulse." She stated the Robinsdale School District notifies of its meeting and suggested the City ask to be included on the meeting roster of other Brooklyn Center School Districts. Mr. Boganey stated he participates in the Osseo School District strategic planning process that started four years ago and will inform the Council of that process. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS MINNESOTA STATUTE 273.128 4d RENTAL PROPERTIES — ANNUAL REPORT Mr. Boganey introduced the annual report with respect to apartments that fall under the 4d classification. It was noted that apartments that exceed 25% police calls for service average have to participate in certain levels of crime prevention training in order to maintain that reduced tax status. The Council discussed the Crime Free Multi- Housing (CFMH) program, noting that as of today only Unity Place is required to meet the mandates at this time. Garden City does not exceed the 25% police calls for service criteria and Gateway Commons is no longer a 4d property. Mr. Boganey explained this program promotes more affordable housing and Representative Hilstrom had introduced legislation that put the tax status in jeopardy for properties where police calls exceeded the average by more than 25 %. Mayor Willson commented that it is great the City's Representatives were able to work on this bill to create better living conditions in Brooklyn Center. HOUSING IMPROVEMENT ASSOCIATION DRAFT PROCEDURES Mr. Boganey introduced the item, noting that the Council had asked staff to draft procedures to create housing improvement areas that provided the funding to make improvements to common townhome areas. 01/24/11 -3- DRAFT Bob Thistle, Financial Consultant, presented the policy outline and advised of other cities that had already implemented this program. The program objective is long -term maintenance and stabilization within the community, to eliminate code violations, reduce the number of calls to townhouses, maintain and increase home ownership instead of absentee rentals, reduce service costs for the City, and to maintain the tax value and rate. Mr. Thistle advised that the State law guidelines are very specific that the townhome show it had tried and failed to get private financing and demonstrate that through at least two letters of rejection from financial institutions. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. HOUSING IMPROVEMENT ASSOCIATION DRAFT PROCEDURES — CONTINUED Mr. Thistle advised that to p rovide a comfort level that there is support, the petition would • require at least 56% of the association home owners, which is higher than the statutory requirement. The financing will be the minimum length needed and not to exceed 15 years. The life expectancy of the project must be at least 120% of the term of the bonds and a guarantee must be tied back to the property in assets, special assessments, or some vehicle to secure the City in case payments are stopped so the City can recoup its costs. Those guarantees must be at least equal to the debt service. Mr. Thistle stated the documents would be reviewed by the City's bond counsel to assure due diligence, bids by qualified engineers, and a quality project is completed. All of the costs incurred by the City on behalf of the project will be reimbursed so the City is not subsidizing the project. Councilmember Kleven asked if the City could increase association fees if the association stops repaying the project. Mr. Thistle stated fees can be increased or an internal special assessment placed on each property in the association. Councilmember Kleven noted if the association fee is increased too high, renters may vacate the premises, making it more difficult to repay. Mr. Thistle explained the analysis conducted by the City's financial advisors will address whether the project is feasible and the improvements made are realistic. The Council discussed the need for a comprehensive inspection to assure there are no additional structural defects. Mr. Thistle stated the City will want to assure the financial analysis is done by a consultant who works for the City and also considers the structure and mechanicals. • 01/24/11 -4- DRAFT Councilmember Roche stated he is fundamentally in favor of this program since it will stabilize . residential neighborhoods and promote home ownership. Mr. Boganey noted the policy requires the association to pay all third parry costs by the City for this program, including the financial analysis or consultant to inspect the building. Councilmember Lasman commented on the significance that a waiver of veto rights would be required. It was the majority consensus of the City Council to direct staff to schedule this topic at a regular meeting for action. ADJOURNMENT Councilmember Roche moved and Councilmember Ryan seconded to close the Study Session at 6:58 p.m. Motion passed unanimously. 01/24/11 -5- DRAFT I 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 JANUARY 24, 2011 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 Carol Kleven, Kay Lasman, Tim Roche, Dan Ryan. Also present were City Manager Curt Boganey, Public Works Directot /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Clerk Sharon Knutson, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present: City Prosecutor Bill Clelland and Financial Consultant Bob Thistle. 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 Roche seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence to reflect on the sacrifices of those serving in our armed forces 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 7:02 p.m. 4. ROLL CALL • 01/24/11 -1- DRAFT I Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. 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, Police Chief Kevin Benner, City Clerk Sharon Knutson, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Others present: City Prosecutor Bill Clelland and Financial Consultant Bob Thistle. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to remove rental properties 5548 Dupont Avenue N. and 6813 Humboldt Avenue N., Unit B201, from the Consent Agenda, with amendments to the Work Session minutes of January 10, 2011, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 10, 2011 — Study Session 2. January 10, 2011 — Regular Session 3. January 10, 2011 — Work Session 6b. LICENSES MECHANICAL Noah Acquisitions dba Benjamin Franklin Plumbing 1424 3` Street N., Minneapolis Patton Heating and Air 589 Swan Lake Ln. NW, Cedar Ryan Plumbing and Heating 811 University Ave. W, St. Paul RENTAL — CURRENT RENTAL STANDARDS INITIAL ('TYPE II — two-year license) 1606 71" Avenue N. Gregory Lang 5711 Camden Avenue N. Alma Sybrant 6418 Colfax Avenue N. Shawn Cha 5000 Howe Lane Kristen Blincoe 6807 Humboldt Avenue N. C102 Raymond Charest 6807 Humboldt Avenue N. C201 Raymond Charest 6807 Humboldt Avenue N. C303 Raymond Charest 6437 Kyle Avenue N. Sheng Lee RENEWAL (TYPE I — three-year license) 01/24/11 -2- DRAFT I 5637 -39 Girard Avenue N. Earl and Evalyn Krueth (passed w /weather deferral) 3328 49 Avenue N. Sherman Yih Feng Kho 51562 d Avenue N. Jeffrey Agness 421362 d Avenue N. Brannon Ciora 5935 Dupont Avenue N. Gina Dumas 4701 Eleanor Lane Charles Bright 5307 Emerson Avenue N. Jeff Theisen 6343 Emerson Avenue N. Michael Meyer 6728 Grimes Avenue N. Charles Bright 6212 Kyle Avenue N. Kristine Rousseau 4207 Lakeside Avenue #224 Marina Feldman SIGNHANGER VEO Sign, LLC 6353 Martin Ave. NE, Otsego TOBACCO RELATED PRODUCT Regal Dollar and Tobacco, Inc. 615 66 Avenue N. 6c. RESOLUTION NO. 2011 -14 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2011 -01, 02, 03, AND 04, PALMER LAKE EAST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6d. RESOLUTION NO. 2011 -15 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2011 -01 AND 02, PALMER LAKE EAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS 6e. RESOLUTION NO. 2011 -16 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2011-05, UNITY AVENUE STREET IMPROVEMENTS 6f. RESOLUTION NO. 2011 -17 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2011 -05, UNITY AVENUE STREET IMPROVEMENTS 6g. RESOLUTION NO. 2011 -18 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2010 -16, SHINGLE CREEK RESTORATION IMPROVEMENTS 01/24/11 -3- DRAFT 6h. RESOLUTION NO. 2011 -19 APPROVING CHANGE ORDER NO. 1, . IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03, AND 04, CONTRACT 2010 -A, DUPONT AVENUE STREET AND UTILITY IMPROVEMENTS 6i. RESOLUTION NO. 2011 -20 ADOPTING THE HENNEPIN COUNTY ALL - HAZARD MITIGATION PLAN 6j. 2010 PAY EQUITY COMPLIANCE REPORT REVIEW AND ACCEPTANCE Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING FEBRUARY 4, 2011, TO BE GO RED FOR WOMEN DAY Mayor Willson read the proclamation in full and explained this proclamation had been formally adopted at the January 10, 2011, meeting. 7b. PROCLAMATION DECLARING FEBRUARY 5, 2011, AS CITY OF BROOKLYN CENTER CENTENNIAL DAY Mayor Willson read the proclamation in full and explained this proclamation had been formally adopted at the January 10, 2011, meeting. The Council acknowledged the attendance of volunteer Sue Low, a Centennial Celebration Committee Member. 8. PUBLIC HEARINGS 8a. PROPOSED AMENDMENT OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.3 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed amendment to remove 13 parcels identified as the Brookdale parcels. Director of Business and Development Gary Eitel reported that a draft amendment to Tax Increment Financing (TIF) District No. 3 has been mailed to Hennepin County and the School Districts as required by the TIF regulations. He noted a resolution has been drafted for the Council's consideration following the Public Hearing. Jenny Wolfe, Senior Project Manager with Springsted Incorporated, the City's financial consultant, presented the current status of TIF No. 3, impacts of the TIF amendment, and combined effect with the TIF No. 2 decertification. Ms. Wolfe also presented hypothetical tax impacts, noting the amendment and decertification would reduce the total tax bill for properties 01/24/11 -4- DRAFT located in either School District. The estimated increase in annual tax increment is $695,379 based on pay 2010 tax rates. However, if the amendment is not approved, the City will need to find an alternate source to fund an approximate $580,000 annual shortfall beginning in pay 2012. Mr. Boganey clarified that debt payments are now being paid from fund surplus and the TIF amendment would prevent a shortfall. He noted the estimates are conservative and do not take into account other increases in development, such as the FBI building. In addition, the accumulation of surplus gives the City the ability a off the bonds sooner and then decertify � g tY tY to pay the district. The Council acknowledged that this situation resulted from the declining position of Brookdale Mall and the action under consideration will create a revenue stream to service the debt. The Council thanked City staff and Ms. Wolfe for their work with this complex financial issue. Councilmember Lasman moved and Councilmember Roche seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. I Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. i Motion passed unanimously. 1. RESOLUTION NO. 2011 -21 ADOPTING MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT NO.3 Councilmember Roche moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2011 -21 Adopting Modification to the Tax Increment Financing Plan for Redevelopment Tax Increment Financing District No. 3. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS Mayor Willson asked and received Council permission to read into the record a letter from the Hennepin - County Board of Commissioners expressing its sincere appreciation for the professional contribution of City Clerk Sharon Knutson during the recent gubernatorial recount. 01/24/11 -5- DRAFT 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayor's appointment of LeRoyce Walker, 7237 Oliver Avenue North, to the Northwest Hennepin Human Services Council Advisory Commission with a term to expire December 31, 2012. LeRoyce Walker, 7237 Oliver Avenue N., introduced herself and advised of her education and years of work with disenfranchised families. She thanked Mayor Willson and the Council for appointment and stated she will be an effective advocate for its residents. Motion passed unanimously. 10b. HEARING FOR KELLY MCDOLE, 7219 MAJOR AVENUE NORTH, REGARDING POTENTIALLY DANGEROUS DOG DECLARATION Mayor Willson indicated that Kelly McDole was unable to attend due to a work conflict. Councilmember Lasman moved and Councilmember Ryan seconded to table the hearing for Kelly McDole, 7219 Major Avenue North, regarding potentially dangerous dog declaration to the February 14, 2011, meeting. Motion passed unanimously. 10c. HEARING FOR HUMBOLDT PROPERTIES, LLC, VALLEY INVESTMENTS AND MANAGEMENT, INC. REGARDING RENTAL PROPERTY LOCATED AT HUMBOLDT SQUARE APARTMENTS (6737 AND 6743 HUMBOLDT AVENUE NORTH) City Prosecuting Attorney William Clelland and City Clerk Sharon Knutson advised of the unpaid delinquent taxes and utilities for property known as Humboldt Square Apartments and the facts under consideration. Mr. Clelland advised that the ordinance requires land owners to be current on property taxes and all obligations due to the City during the term of the rental license and an application of relief had not been made. Ms. Knutson reviewed the number of days the taxes and utilities had remained unpaid and noted this is the first time this property was advised taxes were not current. She reported that subsequently taxes and utilities have been paid. Mayor Willson asked if the property owner had indicated the reason for the delinquency. Ms. Knutson stated this property owner had not contacted the City to explain the delinquency. The rental license had been approved on August 23, 2009, and since that time the City has had no contact with the property owner or been alerted of any action at the property. It was noted the information documenting the delinquency will now create a "history trail" for this property. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. 01/24/11 -6- DRAFT Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. The Council acknowledged there is a clear history of ordinance violations with this rental property and supported strict adherence to the ordinance. Councilmember Lasman moved and Councilmember Roche seconded to direct staff to prepare a resolution with findings of fact to revoke the rental license for a period of six months for property located at Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North) for consideration at the February 14, 2011, Council meeting. City Attorney Charlie LeFevere explained the primary difference between a revocation and suspension. If the license is suspended, it can be reinstated once conditions are met. However with a revocation the applicant is required to make application for new license and pay the application fee. Revocations are limited by ordinance to be no more than one year but can be less. Suspensions are provided for a period of up to 90 days. Councilmember Ryan indicated he would have appreciated hearing from the property owner to learn if there were any mitigating circumstances. He referenced past revocation action of one year against a very large apartment complex based on 700 building code violations over two years and an extraordinary number of police calls. Councilmember Ryan stated support, in this case, for a revocation of six months, which would not be overly punitive while at the same time support the City's ordinances to assure they are observed. Councilmember Roche noted such delinquencies result in added costs to the City's taxpayers and there had been no outreach by this property owner to the community. He stated support for the motion, noting utilities have been delinquent for almost a year and property taxes were delinquent three months. Mayor Willson pointed out the notice of proposed action was clearly worded and stated his support for a six -month revocation. Mr. Clelland verified that the licensee did receive notice of this hearing and the facts presented were un- refuted. Councilmember Lasman referenced Code Section 12.901.4, noting it provides for suspension or revocation and stated her support for a revocation against the entire premises. The Council noted the delinquency impacted the entire complex, not certain units. Mr. LeFevere concurred there was no reason to divide the property. Motion passed unanimously. 01/24/11 ` -7- DRAFT 10d. HEARING FOR HYDER JAWEED, HOLDINGFORD INVESTMENTS, LLC, REGARDING RENTAL PROPERTY LOCATED AT BROOKHAVEN APARTMENTS (3907, 3909, AND 3911 65 AVENUE NORTH) Mr. Clelland and Ms. Knutson advised of the unpaid delinquent taxes and utilities for property known as Brookhaven Apartments and the facts under consideration. Mr. Clelland advised that the ordinance requires land owners to be current on property taxes and all obligations due to the City during the term of the rental license. He reported on certified notice sent to the property owner, that the amounts remain unpaid, and the property is under receivership so notice was sent to the receiver as well. Mr. Clelland indicated there had been no notice of lawsuit or application requesting an exception. Ms. Knutson advised of amounts owing, length of delinquency, and lengthy history of unpaid property taxes and utilities. Councilmember Roche moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. The Council agreed to receive testimony from Ms. Retterath. • Heidi Retterath, 5402 Parkdale Drive #200, St. Louis Park, representing Steven Scott Management, stated they are the court appointed receiver at the request of CenterPoint Energy and the property is under foreclosure proceedings. She answered questions of the Council regarding the term of the redemption period, which will be six months, and status of occupancy. Ms. Retterath stated they are working hard to turn the property around and will pay utility bills when possible but currently there is not enough revenue to make mortgage payments. Councilmember Roche moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. The Council requested a legal opinion on the information just provided about the receivership status and foreclosure circumstances. Mr. LeFevere advised that it makes no difference in the Council's decision making process because the licensee still owns the property at this point. Councilmember Lasman moved and Councilmember Roche seconded to direct staff to prepare a resolution with findings of fact to revoke the rental license for a period of one year for property located at Brookhaven Apartments (3907, 3909, and 3911 65 Avenue North) for consideration at the February 14, 2011, Council meeting. Motion passed unanimously. 11. COUNCIL REPORT 01/24/11 -8- DRAFT Councilmember Roche reviewed information pertaining to swimming lessons and other recreational programs and encouraged residents to read the City Watch or call the Community Center for additional information. He reminded residents of the February 5, 2011, City birthday party and advised that tickets are still available for this Party of the Century. Councilmember Roche also announced Centennial Splash on February 12, 2011, 1 -6 p.m., that will include activities for all. Councilmember Lasman reported on her attendance at the following: • January 11, 2011, informational neighborhood meeting for East Palmer Lake street project that was well attended with many questions asked and answered. • January 19, 2011, Crime Prevention Program meeting with informational presentations by Detective Becker, Chief Benner, and Crime Prevention Specialist Boie. • January 21, 2011, Blue Jean Ball Fundraiser that was well attended and supported the Joint Youth Collaborative. • January 22, 2011, Town Hall meeting with State Senator Scheid and Representatives Nelson and Hilstrom. Councilmember Kleven reported on her attendance at the following: • January 11, 2011, informational meeting for the street and utility project at Palmer Lake East. • January 12, 2011, informational meeting for the Unity Avenue street and utility project. • January 13, 2011, Association for Responsible Management (ARM) meeting. • January 13, 2011, Planning Commission meeting. • • January 18, 2011, Housing Commission meeting. • January 21, 2011, meeting with Mr. Boganey. • January 22, 2011, Town Hall meeting with the City's elected representatives. Councilmember Kleven encouraged residents to participate in the "Go Red for Women Day" on February 4, 2011. Councilmember Ryan reported on his attendance at the following: • January 11, 2011, Street Department informational meeting on the Palmer Lake East street and utility project • January 12, 2011, informational meeting for the Unity Avenue street utility project. • January 14 and 15, 2011, strategic planning event for Brooklyn Center School District 286 to develop goals and objectives. He noted that Mayor Willson and Mr. Boganey had attended the Saturday session. • January 18, 2011, Park and Recreation Commission meeting. • January 21, 2011, Blue Jean Ball. • January 22, 2011, Town Hall meeting with State Senator Scheid and Representatives Hilstrom and Nelson. Mayor Willson announced the next Town Hall Meeting will be January 29, 2011, starting at 10 a.m. and indicated he had nothing new to add to the reports presented. . 01/24/11 -9- DRAFT 12. ADJOURNMENT Councilmember Roche moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:22 p.m. Motion passed unanimously. • 01/24/11 -10- 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 JANUARY 24, 2011 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 8:25 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. STERLING SQUARE RENTAL LICENSE REVOCATION UPDATE City Manager Curt Boganey introduced the item, discussed the history, and requested Council • direction. Mayor/President Willson stated the property owner of Sterling Square had been adamant about revocation reconsideration; however, there is nothing in staff's report that would incline him to reconsider revocation at this point. Councilmember /Commissioner Ryan stated he had found a full one -year revocation to be excessive in this case and would support reconsideration of the revocation. He suggested revocation guidelines be established based on the term taxes and utilities remain in delinquency to assure consistency and avoid arbitrary action. The majority consensus of the City Council was to not reconsider revocation of the Sterling Square Apartments rental license JOINT MEETING WITH COMMISSIONS Following discussion, the consensus of the City Council was to direct staff to schedule a joint meeting with Commissions on April 6, 2011, 6 -8 p.m., and to follow the same agenda format. SHINGLE CREEK CROSSING 01/24/11 4- DRAFT Mr. Boganey introduced the item, discussed the history, and explained the three considerations before the Council related to Shingle Creek Crossing to receive a project update by Mr. Gatlin, an overview on the potential for financial assistance by Ms. Wolfe, and update by staff regarding its negotiation with the developer. Staff would then request Council provide comment and direction. Frank Gatlin, Gatlin Development, thanked the Council for the opportunity to present their plans and for the great work of City staff. He described his work on this project for the past two years to acquire the property and reach agreement with Walmart to provide the "bones and structure" for a great redevelopment. Mr. Gatlin reviewed his development experience, past projects, and described his vision for Shingle Creek Crossing to be a great success, stating it will be his "crown jewel." Mr. Gatlin displayed exterior site elevations, noting the site has great location with visibility from all directions. He reviewed his investigation to uncover every possible problem that could come forward with this project and intent to make Shingle Creek a focal point and desirable pedestrian- friendly area with restaurants alongside. Mr. Gatlin then addressed financing, noting this is the first time in 15 years he has requested assistance, which he does not like to do, and has worked with staff to develop the minimum request that will work. It was clarified that Walmart is not requesting any assistance. He advised that Gatlin Development is one of the most successful developers in the country and never failed in a development. However, he will have difficulty attracting desired tenants until the project moves forward and Brookdale Mall is demolished. Mr. Gatlin stated construction will start as soon as possible, once approved, noting this will be the first project out of ground in the last three years. He assured the Council this will be a beautiful development, one the City can be proud of, and a catalyst for rebranding the City and spurring on development of neighboring parcels. Jenny Wolfe, Senior Project Manager with Springsted Incorporated, the City's financial consultant, presented the Shingle Creek Crossing financing gap analysis that was conducted in reaction to a request for $10 million in TIF assistance. It was noted the project's cost was over $100 million and the developer would cover $51 million. Ms. Wolfe presented the projected rate of return and conclusion the proposed project would need some level of public assistance to proceed given the speculative nature of the retail and marginal return without assistance. The proposed TIF district supports $7 million of assistance, resulting in a return of 11.95 %, which exceeds 11.5% as a reasonable minimum return. Mr. Boganey noted the projections are based on assumptions that everything will fall into place within three years; however, that rarely occurs. The assistance is intended to share some of the risk that everything may not be built out as planned in three years or to the level assumed and anticipated. It will be used to share some upfront costs for items (daylighting of Shingle Creek, landscape, streetscape, creating a Town Square concept, etc.) the City wants to assure are completed at the beginning of the project, not later when the project starts to make revenue. Director of Business and Development Gary Eitel presented the three components making up the framework for a financial assistance package as follows: 1. EDA provides $3.3 million for public purpose costs to ensure the timely redevelopment of the site and completion of the 01/24/11 -2- DRAFT features prioritized by the EDA; 2. A collateralized $1 million forgivable loan having a term of five years with an interest rate of 6% (City's CIP assessment rate). The loan amount will be • available upon the execution of the Tax Increment Development Agreement which will limit the use of these funds to eligible public purpose costs and acquisitions, exclusive of Walmart related costs; and, 3. The EDA's lot will be included in the development of Shingle Creek Crossing PUD using the formula detailed in staff s report. Mr. Eitel listed the benefits the City would receive for an investment of $4.5 million that would create new development energy as far as the 57 and Logan EDA site. He explained the details of this framework will be negotiated in a development agreement through the City Attorney and conclude with the creation of a new TIF district and implementation. Mayor/President Willson stated that he is not shy about using TIF but believed the City needed to be prudent to assure increment is available to pay back TIF. He welcomed the opportunity to work with Mr. Gatlin to bring this project into Brooklyn Center. Mayor/President Willson stated he supports proceeding with the framework as outlined by Mr. Eitel and getting into the detail of the development agreement. Mr. Boganey stated if the Council reaches consensus regarding the general framework, staff will develop a specific development agreement that the Council/EDA will consider at a future meeting. Councilmember /Commissioner Roche noted that Brookdale Mall is the second oldest enclosed mall in the country. He stated that Walmart is going under a radical rebranding effort, as is Brooklyn Center and Shingle Creek Crossing will help in that effort. He indicated he supported the terms of the framework and raised several design elements he would like considered including the daylighting of Shingle Creek and iconic building lighting to attract customers. He also suggested that the 12 stall parking area by Sears be reconfigured. Mr. Gatlin assured the Council they will work diligently with City staff to create the best design possible during the permitting, planning, and approval process that gives the Council the assurances they are looking. He asked the Council to keep in mind that Walmart is only 20% of this development so there will be many new shops. Mr. Gatlin stated he owns the Macy's building and described the potential ownership arrangements with the other buildings that would allow flexibility to attract desirable tenants. He presented an option that will be considered to use the building adjacent to Sears to create an interior climate- controlled corridor, a mall component. Councilmember /Commissioner Lasman asked staff to consider measurable performance benchmarks for TIF. Mr. Boganey stated those details will be spelled out in the assistance agreement. He noted the Council has a lot of influence through the PUD process to address details to be included. Councilmember /Commissioner Lasman stated it sounds like Mr. Gatlin is anxious to get started and she would like to see a standards and timeline that identifies dates when things will happen. 01/24/11 -3- DRAFT Mr. Gatlin gave credit to City staff for developing this TIF concept and $1 million incentivized • forgivable loan. He indicated he supports this plan, which is less than one -half the $10 million he had requested for this $100 million project. Mr. Gatlin estimated that Shingle Creek Crossing will result in producing millions more dollars for the City and this plan gives him incentive to complete the project quickly to meet the thresholds in Phase 1 to receive assistance. Councilmember /Commissioner Ryan stated he appreciates hearing that Walmart will "carry its own freight" because otherwise the community would question giving assistance to the richest company in the world. He stated he appreciates how challenging the market is today and supports the framework that will provide needed capital up front. Councilmember /Commissioner Ryan stated he looks forward to the process moving forward and appreciates the comments from a third party to evaluate the financials. Mr. Gatlin commented on the effort of Walmart to change its image and advised of its generosity in making donations to the community. He stated he is appreciative of the Council's support and will perform if the project is approved. Mr. Gatlin commented on the perfect timing for this project since they intend to open the first store in 2012, the 50 year anniversary of the Brookdale Mall opening. He stated they plan to schedule a ground breaking in May complete with a wrecking ball and big ceremony. He commented on the generosity of Walmart to become involved in the community and stated they will be looking for places to make donations. • Councilmember /Commissioner Lasman suggested they consider the Centennial Park bandshell that the Centennial Committee is working to erect. Councilmember /Commissioner Kleven indicated she is excited about this project and appreciates the work of staff and Mr. Gatlin. The consensus of the City Council was to move forward with the framework as presented. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:45 p.m. Motion passed unanimously. 01/24/11 -4- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM DATE: February 8, 2011 TO: Curt Bo ane City Manager g Y� tY g FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval ��1�► Recommendation: It is recommended that the City Council consider approval of the following licenses at its February 14, 2011, meeting. Background: The following businesses /persons have applied for City licenses as noted. Each business /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Efficient Energy Systems, LLC 11815 61 Avenue N, Plymouth • MVP Mechanical Service Co. 13360 Zachman Drive, Rogers Owens Companies, Inc. 930 East 80 Street, Bloomington RENTAL See attached report. SIGN HANGER Albrecht Sign Co. 7775 Main Street NE, Fridley Jones Sign Company 1711 Scheuring Road, De Pere, WI ?fission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy — Adopted by City Council 03 -08 -10 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 g Greater than 1 but not more than 4 Type III — 1 Year 1 -2 units Greater than 4 but not more than 8 R; r i F � mire Type IV — 6 Months 1 -2 units Greater than 8 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 re a� t ri e tat 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 g z �A Cate ones :E, v �;_ 5 or more units I Greater than 0.50 Budget Issues: There are no budget issues to consider. lie anti reserves the public trust Afission: Ensuring an attractive, clean, safe comtttunity that enhances the qualttV of f p p Rental Standards Prior to March 6, 2010 tt � 1 Bldg 120157th Ave N 4 Units Renewal Edward Doll 0 OK OK R, Current Rental Standards E 5942 Aldrich Ave N Single Family Initial Michael Brass 1 11 N/A II OK OK 5133 Drew Ave N Single Family Initial Sarah Vogt 2 II N/A II OK OK 5311 Queen Ave N Single Family Initial Jamison Kohout - Real Assets 2 II N/A II OK OK 7018 Regent Ave N Single Family Initial Danny Vo 0 II N/A II OK OK 3113 65th Ave N Single Family Renewal Ting Sui Zheng 6 III 1 III OK OK 5317 72nd Cir Single Family Renewal Alkis Michaelides 0 1 0 1 OK OK 6712 Beard Ave N Single Family Renewal Morris Matthews 2 II 0 II OK OK 5609 Bryant Ave N Passed w /Weather Deferral Single Family Renewal Mai Vang 5 III 0 III OK OK 5548 Dupont Ave N Passed w /Weather Deferral Single Family Renewal John Lindahl 2 II 1 0 II OK OK 5856 Dupont Ave N Single Family Renewal Jack Froelke 0 1 0 1 OK OK 6930 France Ave N Single Family Renewal Mursal Khaliif 5 III 0 III OK OK 5420 Fremont Ave N Passed w /Weather Deferral Single Family Renewal Ross Herman 4 II 0 II OK OK 6301 Grimes Ave N Single Family Renewal Mai Kao Her 0 1 0 1 OK OK 5547 Humboldt Ave N Single Family Renewal J Thomas Equities LLC 0 1 1 1 OK OK 7124 Indiana Ave N Single Family Renewal Weyu Bekuto 0 1 1 1 OK OK 5332 Morgan Ave N Passed w /Weather Deferral Single Family Renewal James Waters 3 II 0 II OK OK 7124 Newton Ave N Single Family lRenewal lGary Hanagan 2 1 II 0 II OK OK 2718 O'Henry Rd Single Family I Renewal lWade Klick 4 1 II 0 II OK OK * CF5 = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N /A.) ** Final License Type Type I = 3 year Type II = 2 year Type III = 1 year Type IV = 6 mos I 0 • • City Council Agenda Item No. 6c • • COUNCIL ITEM MEMORANDUM e DATE: February 8, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer 5 7 H_ SUBJECT: Resolution Approving Change Order No. 2, Improvement Project Nos. 2010 -05, 06, 07 and 08, Contract 2010 -13, Twin Lake Area Neighborhood Street and Utility Improvements Recommendation: It is recommended that the City Council approve the Resolution for Change Order No. 2, Improvement Project Nos. 2010 -05, 06, 07 and 08, Contract 2010 -13, Twin Lake Area Neighborhood Street and Utility Improvements. Background: On May 10, 2010, the City Council awarded a contract to Nodland Construction Company, Inc., of Alexandria, Minnesota for the Twin Lake Area Neighborhood Street and Utility Improvements Project. The project began in June 2010, and is anticipated to be completed by the end of June 2011. The following represents originally unanticipated items and are included in Change Order No. 2 that is recommended to amend the Contract to complete the project. 1. Furnish and Install 16" Butterfly Valve (night work) — During the construction stage of the project, a 16" butterfly valve was determined to be needed for water system isolation purposes in the area along Brooklyn Boulevard between the commercial and residential areas. In an effort to minimize the water shut -down period for the commercial area on the east side of Brooklyn Boulevard, the valve was installed overnight, requiring portable lighting equipment that was not originally planned. The close proximity of work adjacent to traffic on Brooklyn Boulevard warranted additional safety elements including 50 feet of Jersey Barrier. Although there is a pay item for a 16" Butterfly Valve in the contract, this pay item did not include the additional items mentioned above. The contractor performed this additional work on a time and material basis. Additional Cost: $1,650.00 Total Change Order No. 2: $1,650.00 Budget Issues: The original contract amount was $3,433,246.65. Change Order No. 1 ($7,275.00) and Change Order No. 2 ($1,650.00) revise the contract amount to '$3,442,171.65. The total amount of Change Order No. 2 represents less than one percent of the original contract amount and is within the project's budgeted contingency amount ($365,000.00). • M ission Ensuring an attractive, clean, safe comntunint that enhances the yualitY of life turd hreserres the public trust COUNCIL ITEM MEMORANDUM Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed i :'Mission; Ensuring an attractive, clean safe community that enhances the qualitY offife and preserves the public trust its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07 AND 08, CONTRACT 2010 -B, TWIN LAKE AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS WHERE_ AS, pursuant to a written contract signed with the City of Brooklyn Center, Nodland Construction Company, Inc., of Alexandria, Minnesota, was instructed to complete additional work as itemized on Change Order No. 2 for Contract 2010 -B; and WHEREAS, said additional work was not included in the original Contract, but is 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 $1,650.00 for Contract 2010 - B is hereby approved and the City Manager is hereby authorized to execute the approved change order. The revised contract amount is as follows: Original Contract Amount $3,433,246.65 • Change Order No. 1 $ 7,275.00 Change Order No. 2 $ 1,650.00 Revised Contract Amount $3,442,171.65 February 14, 2011 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: February 14, 2011 TO: Curt Boganey, City Manager ,� ,,}} FROM: Vickie Schleuning, V AsZsistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Calling for a Public Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, Delinquent Nuisance Abatement Costs, Delinquent Administrative Fines /Citations, and Administrative Vacant Building Registrations Recommendation: It is recommended that the City Council consider approval/adoption of the resolution ordering a public hearing for Monday, March 14, 2011 at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon any objections to the proposed special assessments for diseased tree removal costs, delinquent weed removal accounts, delinquent nuisance abatement accounts, delinquent administrative fines /citations, and administrative vacant building registrations. Background: The attached resolution calls for a public hearing to receive public testimony and comments • regarding the proposed special assessments for diseased tree removal, weed removal accounts, delinquent nuisance abatement accounts, delinquent administrative fines /citations, and administrative vacant building registrations. The special assessment amounts are specified in the attached preliminary assessment rolls. • All trees have been declared a public nuisance in past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with established policy. • Delinquent weed destruction account property owners have received notice of delinquent accounts in accordance with the established collection policy and have not made payment. • Delinquent nuisance abatement account property owners have received notice of delinquent accounts in accordance with the established collection policy and have not made payment. • Delinquent administrative fines /citations have been issued to property owners in accordance to established policy and have not been paid. This is the first proposed special assessment for administrative fines /citations since the program was implemented in Spring 2010. • Owners of properties that have been administratively registered as vacant have received Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM notice of delinquent accounts in accordance with the established collection policy and have not made payment. At the scheduled public hearing, the City Council would consider adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The 2011 interest rate for special assessments is six percent, as previously established by the Council. A copy of the special assessment pending levy roll is attached. Budget Issues: The proposed levy roll for diseased tree removal totals $17,304.90. The proposed levyroll for delinquent weed removal costs totals $40,187.25. The proposed levy roll for delinquent nuisance abatement costs totals $18,530.16. The proposed levy roll for delinquent administrative fines /citations costs totals $21,610.00. The proposed levy roll for administrative vacant building registrations $7,400.00. Council Goals: Strategic: 1. We will ensure a safe and secure community 2. We will stabilize and improve residential neighborhoods e Mission; Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust I Member introduced the following resolution and moves its adoption: • RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES /CITATIONS AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATION WHEREAS, the City performs and incurs costs for certain neighborhood maintenance services to protect public health, safety and welfare; and WHEREAS, Minnesota Statutes Chapter 429, provides for a public hearing process to recover the costs through special assessments; and WHEREAS, the City has performed neighborhood maintenance services, billed the property owners, and has not been reimbursed by certain property owners; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. A hearing shall be held on the 14th day of March, 2011 in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: • Diseased Tree Removal Costs • Delinquent Weed Removal Costs • Delinquent Nuisance Abatement Costs • Delinquent Administrative Fines /Citations • Delinquent Administrative Vacant Building Registration 2. The City Clerk with the assistance of the Director of Building and Community Standards shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. I BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective immediately. 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. • Special Assessment Pending Levy Roll (Trees) 2010 Tree Removal Printed February 07, 2011 O nicipal Code No. 22 Levy Runs Five Years Levy No. Owner Name(s) PrQQerty Address Property ID AMoun 17874 Gina Whittaker 5511 Emerson Ave N 01- 118 -21 -32 -0097 1,653.13 Bruce Whittaker 17874 Lee Tillman 5807 Humboldt Ave N 02- 118 -21 -14 -0066 1,011.88 Ruby Tillman 17874 Lee Khang 5332 Knox Ave N 02- 118 -21-44 -0100 550.00 Nicholas Clarity 17874 Michael Gonzales 5825 Pearson Dr 03- 118 -21 -24 -0073 744.69 17874 Tremayne Williams 5201 Xerxes Ave N 10- 118 -21 -11 -0023 2,812.72 17874 Joel Van Den Boom 6907 Palmer Lake Dr W 27- 119 -2143 -0102 657.66 Kathleen Van Den Boom 17874 Jennifer Foster 6800 Scott Ave N 33- 119 -21 -12 -0064 245.00 Jason Foster 17874 Brian Bloomquist 6306 Perry Ave N 33- 119 -2141 -0132 1,359.22 Theresa Bloomquist 17874 Susan Brown - Whistler 6527 Drew Ave N 34- 119 -21 -13 -0037 5,388.41 17874 James Burton 6400 Girard Ave N 36- 119 -21 -32 -0050 2,882.19 Angela Wuensch Total: 17,304.90 • 0 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 1 of 1 Special Assessment Pending Levy Roll (Grass/Weeds) 2010 Weed Destruction Printed February 07, 2011 Municipal Code No. 22 Levy Runs One Yea Levy No. Owner Nam-e(s) Proglea Address Progera ID Amoun 17875 U S BANK N A 6006 Camden Ave N 01- 118 -21 -12 -0036 100.00 17875 Diana Whitaker 6028 Bryant Ave N 01- 118 -21 -21 -0087 282.26 17875 Laurence Grivna 6027 Fremont Ave N 01- 118 -21 -22 -0064 270.23 17875 Troy Davis 5817 Colfax Ave N 01- 118 -21 -24 -0022 258.21 17875 Harold Scott 5750 Bryant Ave N 01- 118 -21 -24 -0043 564.52 17875 Stephanie Schaffer 5838 Bryant Ave N 01- 118 -21 -24 -0091 100.00 17875 Andrea Larsen 5641 Dupont Ave N 01- 118 -21 -32 -0002 100.00 17875 Lumarie Orozco 5547 Girard Ave N 01- 118 -21 -32 -0075 100.00 17875 Edward Doll 1201 57th Ave N 01- 118 -21 -32 -0105 100.00 17875 Tong Yang 5408 Humboldt Ave N 01- 118 -21 -33 -0065 100.00 May Thao 17875 James & Yvonne Lyons 5303 Emerson Ave N 01- 118 -21 -33 -0123 100.00 17875 Thomas Spencer 5333 Dupont Ave N 01- 118 -21 -33 -0139 100.00 Rosie Gordon - Spencer 17875 Bank of America BAC Home Loans Servicing 5454 Colfax Ave N 01- 118 -21 -34 -0051 100.00 LP 17875 Carlos Trejo 5340 Colfax Ave N 01- 118 -21 -34 -0067 858.80 Jennifer Wersal 17875 Edward Weber 5301 Colfax Ave N 01- 118 -21 -34 -0087 370.20 Sally Weber 17875 Houmpheng Bounsavath 5438 Dupont Ave N 01- 118 -21 -34 -0109 1,129.04 17875 Kim Julin 5815 Humboldt Ave N 02- 118 -21.14 -0065 100.00 Chester Julin 17875 Dexter Williams 5728 Irving Ave N 02- 118 -21 -14 -0093 430.35 Charlene Guerrero 17875 Raymond Brown 5836 Vincent Ave N 02- 118 -21 -23 -0002 282.26 17875 Deutsche Bank Natl Trust Co 5836 Xerxes Ave N 02- 118 -21 -23 -0009 100.00 17875 Michael Mcalpin 5527 Humboldt Ave N 02- 118 -21-41 -0002 1,177.12 17875 Frank Henry 5533 Irving Ave N 02- 118 -21-41 -0030 100.00 Suzette Jackson Henry 17875 Morrice Fadina 5632 James Ave N 02 -118 -21-41 -0048 100.00 Denise Fadina Mojirade Fadina Samuel Fadina 17875 Linda Anderson 5603 James Ave N 02 -118- 2141 -0059 100.00 Bernadette Anderson 17875 Aspire Enterprises LLC 5556 Logan Ave N 02 -118 -21-41 -0099 294.28 17875 Federal Home Loan Mtg Corp 5548 Knox Ave N 02- 118 -21-41 -0114 1,058.79 17875 Kenneth Boyd 5321 James Ave N 02- 118 -21-44 -0058 540.46 Marie Boyd 17875 Federal Home Loan Mtg Corp 5345 Humboldt Ave N 02- 118 -21-44 -0113 100.0ft 17875 Wells Fargo Bank N A 5338 Irving Ave N 02 -118 -21-44 -0117 418.3 17875 US Bank Home Mortg MN Finance Agency 6001 Zenith Ave N 03- 118 -21 -11 -0051 418.33 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 1 of 4 Special Assessment Pending Levy Roll (Grass/Weeds) 2010 Weed Destruction Printed February 07, 2011 e uni-cipal Code No. 22 - Levy Runs One Year Lexy No. Owner Name(s) Property Address Property ID Amoun 17875 Mouniratou Segbaya 5924 Beard Ave N 03- 118 -21 -11 -0071 200.00 17875 Bac Home Loans Servicing LP 5950 Beard Ave N 03- 118 -21 -11 -0074 294.28 17875 Midland Mortgage Co Midfirst Bank 5925 Xerxes Ave N 03- 118 -21 -11 -0115 100.00 17875 BANK OF AMERICA 5919 Xerxes Ave N 03- 118 -21 -11 -0116 834.74 17875 Donald Willman 6001 Brooklyn Blvd 03- 118 -21 -12 -0020 270.23 17875 Jeremiah Andresen 5924 Admiral La 03- 118 -21 -12 -0050 270.23 17875 Vang Vue 6042 Ewing Ave N 03- 118 -21 -12 -0085 294.28 See Xiong 17875 Moises Soto 5712 Northport Dr 03- 118 -21 -13 -0007 270.23 Blanca Acuna 17875 Teizu Jones 5800 Ewing Ave N 03- 118 -21 -13 -0030 294.28 17875 Christina Akinola 5801 Ewing Ave N 03- 118 -21 -13 -0039 100.00 17875 Padmeni Ramrup 5841 Xerxes Ave N 03- 118 -21 -14 -0002 100.00 Rajnarine Ramdin Phuhnatie Ramdin 17875 Robert Forder 5936 Halifax PI 03- 118 -21 -21 -0048 100.00 17875 Gilbert Shannon 6007 Halifax PI 03- 118 -21 -21 -0056 270.23 17875 Citimortgage Inc 5936 June Ave N 03- 118 -21 -21 -0097 516.42 7875 Bac Home Loans Servicing LP 4113 61st Ave N 03- 118 -21 -21 -0121 382.26 875 Wells Fargo Bank N A 4007 61st Ave N 03- 118 -21 -21 -0125 100.00 17875 Patricia Severson 6025 June Ave N 03- 118 -21 -22 -0007 294.28 17875 Wells Fargo Bank N A 6001 June Ave N 03- 118 -21 -22 -0011 942.96 17875 Somphaena Soundara 5937 June Ave N 03- 118 -21 -22 -0020 588.56 Lavonne Soundara 17875 Carolyn Decko 5731 Halifax Ave N 03- 118 -21 -24 -0002 552.49 17875 Bank of America Bac Home Loans Servicing 5800 Halifax Ave N 03- 118 -21 -24 -0089 318.33 LP 17875 Adem Rabsa 3824 56th Ave N 03- 118 -21 -31 -0049 28226 Adil Hamid 17875 Tory Thelen 5530 Halifax Ave N 03- 118 -21 -31 -0062 200.00 17875 U S BANK N A 5649 Brooklyn Blvd 03- 118 -21-42 -0016 540.46 17875 Mary Ann Snow 5549 Brooklyn Blvd 03- 118 -21-42 -0018 100.00 17875 Andrea Portinga 5336 Northport Dr 03- 118 -2143 -0092 282.26 17875 Greater Metro Housing Corp 5459 Brooklyn Blvd 03- 118 -21-44 -0003 270.23 17875 Wells Fargo Bank N A 5147 Drew Ave N 10- 118 -21 -12 -0031 100.00 17875 Alison Fields 4944 Abbott Ave N 10- 118 -21 -14 -0043 270.23 Jesse Johnson 17875 Philip Stevenson 3815 52nd Ave N 10- 118 -21 -21 -0003 306.30 17875 Spec Loan Sery U S Bank N A 3912 51st Ave N 10- 118 -21 -24 -0014 294.28 0. 7875 Doua Xiong 7235 Camden Ave N 25- 119 -21 -31 -0080 294.28 17875 Muktar Abdurahman 6912 Morgan Ave N 26- 119 - 2143 -0009 100.00 17875 Pa Xiong 1607 70th Ave N 26- 119- 2144 -0050 282.26 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 2 of 4 Special Assessment Pending Levy Roll (Grass/Weeds) 2010 Weed Destruction Printed February 07, 2011 Municipal Code No. 22 Levy Runs One Yeah Levy No. Owner Name(s) ProglelU Address ProgeiU ID Amou 17875 U S BANK NATL ASSN 1600 69th Ave N 26- 119 -21-44 -0106 306.30 17875 Saiyid Rizvi 7112 Halifax Ave N 27- 119 -21 -31 -0043 100.00 17875 Philip Thao 7218 Kyle Ave N 27- 119 -21 -32 -0089 246.19 My Sao Lor 17875 Brett Corbitt 7130 Kyle Ave N 27- 119 -21 -32 -0093 270.23 17875 Sean Sullivan 6933 Major Ave N 27- 119 -21 -33 -0039 100.00 17875 Ricardo Gomez 7125 Palmer Lake Dr W 27- 119 -21-41 -0016 270.23 Maria De Jesus Rodriguez 17875 Hogenson Properties Ltd 3813 Urban Ave 27- 119 -2143 -0063 834.75 17875 Thao Nguyen 6913 Regent Ave N 28- 119 -2143 -0005 258.21 Chung Nguyen 17875 Michael Johnson 6900 Quail Ave N 28 -119 -21-44 -0040 270.23 17875 Real Assets LLC 6730 Scott Ave N 33- 119 -21 -12 -0075 100.00 17875 Joseph Okrakene 5124 65th Ave N 33- 119 -21 -13 -0053 100.00 17875 Skrogcorpholdings LLC 5112 65th Ave N 33- 119 -21 -13 -0055 394.28 17875 Yee Xiong 6523 Unity Ave N 33- 119 -21 -13 -0079 270.23 17875 Steven Thao 5131 Howe La 33- 119 -21 -13 -0085 294.28 Amenda Thao 17875 Kevin Opsahl 6530 Orchard Ave N 33- 119 -21 -14 -0002 564.51 17875 Furmencio Mendoza Tapia 4913 Winchester La 33- 119 -21 -14 -0024 282.2* 17875 Bac Home Loans Servicing LP 6343 Noble Ave N 33 -119 -2141 -0009 100.00 17875 Arthur Zink 6342 Orchard Ave N 33 -119 -2141 -0016 100.00 17875 Bee Yang 6400 Orchard Ave N 33- 119 -2141 -0017 282.26 Houa Lor 17875 Ralph Gohman 6413 Orchard Ave N 33- 119 - 2141 -0036 100.00 17875 MERS INC 6301 Perry Ave N 33- 119 - 2141 -0080 382.26 17875 Maisoua Vang 6425 Scott Ave N 33 -119 -21-42 -0037 540.47 Thong Yang 17875 Nou Thou Vang 6113 Quail Ave N 33 -119 -21-44 -0033 270.23 17875 Natl City Re Services LLC 6119 Perry Ave N 33 -119 -21-44 -0045 370.23 17875 Robert Ubelhoer 6818 Zenith Ave N 34- 119 -21 -11 -0060 588.56 Viola Ubelhoer 17875 Bank of America N A Bac Home Loans 6800 Abbott_ Ave N 34- 119 -21 -11 -0121 870.82 Servicing LP 17875 Dreanna Alston 6825 Drew Ave N 34- 119 -21 -12 -0043 282.26 17875 Solomon Frank - Sawari 3400 66th Ave N 34- 119 -21 -13 -0012 200.00 17875 U S BANK N A 3707 66th Ave N 34- 119 -21 -13 -0028 528.44 17875 Doris Tuttle 6532 France Ave N 34- 119 -21 -13 -0030 516.42 17875 Earl Swenson 6533 Ewing Ave N 34- 119 -21 -13 -0033 258.21 Ilene Swenson 17875 Federal Natl Mortgage Assn 6532 Ewing Ave N 34- 119 -21 -13 -0041 370.20 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 3 of 4 Special Assessment Pending Levy Roll (Grass/Weeds) 2010 Weed Destruction Printed February 07, 2011 O unicipal Code No. 22 Levy Runs One Year Levy No. Owner Name(s) ProliclU Address Property ID Amou 17875 Adolf Zydowicz 3112 67th Ave N 34- 119 -21 -14 -0004 1,225.22 Anna Zydowicz 17875 Dao Moua 3125 66th Ave N 34- 119 -21 -14 -0060 246.19 Tong Moua 17875 Jeffrey Garding 3016 Quarles Rd 34- 119 -21 -14 -0081 282.26 17875 DRU Properties I1 6319 France Ave N 34- 119 -21 -31 -0018 100.00 17875 Househelpers Inc 6324 Indiana Ave N 34- 119 -21 -31 -0096 170.23 17875 James Caples 6401 Major Ave N 34- 119 -21 -32 -0024 100.00 Madeline Caples 17875 Chia Lor 4219 Janet La 34- 119 -21 -34 -0018 100.00 Yer Vang Lor 17875 U S Bank N A 6231 France Ave N 34- 119 -21 -34 -0092 246.19 17875 Fabulous Buys LLC 3207 64th Ave N 34 -119 -21-41 -0044 600.58 17875 Xay Xiong 3107 65th Ave N 34- 119 -21-41 -0112 588.56 17875 Duc Minh Truony 6142 Brooklyn Blvd 34 -119 - 2143 -0037 100.00 17875 Moeen Masood 6753 Humboldt Ave N 35- 119 -21 -11 -0017 100.00 17875 Robert Peterson 6336 Brooklyn Dr 35- 119 -21 -31 -0005 100.00 Donna Peterson 7875 Chase Home Finance LLC 2907 64th Ave N 35- 119 -21 -32 -0067 406.30 875 Federal Home Loan Mtg Corp 2801 Ohenry Rd 35- 119 -21 -32 -0091 294.28 17875 Litton Loan Sery Deutsche Bank Nat] Trust 2901 66th Ave N 35- 119 -21 -32 -0113 482.26 Co 17875 Sufeng Zheng 2813 66th Ave N 35- 119 -21 -32 -0114 100.00 17875 Nicole Franklin 2807 66th Ave N 35- 119 -21 -32 -0115 370.23 17875 Zev Oman 36- 119 -21 -12 -0001 294.28 17875 Zev Oman 6856 West River Rd 36- 119 -21 -12 -0002 246.19 17875 FANNIE MAE Federal National Mtg Assn 6706 Colfax Ave N 36- 119 -21 -21 -0042 100.00 17875 Tong Vue 6801 Dupont Ave N 36- 119- 21 -22- 0009 318.33 Pai Her Vang Seng Her 17875 c/o Best Assets Inc Secy Hsg & Urban 6737 Dupont Ave N 36- 119 -21 -22 -0011 370.23 Develop 17875 EMC Mortgage Corp The Bank of New York 6837 Emerson Ave N 36- 119 -21 -22 -0028 282.26 Mellon 17875 Azeem Begum 6712 Emerson Ave N 36- 119 -21 -22 -0050 282.26 17875 Mn Housing Finance Agency 6620 Bryant Ave N 36- 119 -21 -24 -0017 282.26 17875 Momolu Kpakelipaye 6618 Colfax Ave N 36- 119 -21 -24 -0057 100.00 Florence Kpakelipaye 17875 Premiere Asset Sery Wells Fargo Bank N A 6325 Girard Ave N 36- 119 -21 -32 -0065 870.82 17875 Carla Nelson 6214 Lilac Dr N 36- 119 -21 -33 -0006 294.28 7875 Aurora Loan Services LLC 810 61st Ave N 36- 119 -21 -34 -0097 442.38 Total: 40,187.25 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 4 of 4 i Special Assessment Pending Levy Roll (Abatement) 2010 Abatement Printed February 07, 2011 Municipal Code No. 22 Levy Runs One Yea Levy No. Owner Name(s) Property Address Property ID Amou 017876 Diana Whitaker 6028 Bryant Ave N 01- 118 -21 -21 -0087 325.00 017876 Hennepen Forfieted Land 5800 Bryant Ave N 01- 118 -21 -24 -0083 1,582.50 017876 Federal Home Loan Mtg Corp 5642 Humboldt Ave N 01- 118 -21 -32 -0076 300.00 017876 Citimortgage Inc 5336 Colfax Ave N 01- 118 -21 -34 -0074 425.00 017876 Edward Weber 5301 Colfax Ave N 01- 118 -21 -34 -0087 657.66 Sally Weber 017876 Dexter Williams 5728 Irving Ave N 02- 118 -21 -14 -0093 320.00 Charlene Guerrero 017876 MERS INC Deutsche Bank Natl Trust Co 5720 Logan Ave N 02- 118 -21 -14 -0106 300.00 017876 Rose Dominguez 5931 Vincent Ave N 02- 118 -21 -22 -0038 665.00 Efrain Dominguez 017876 Deutsche Bank Natl Trust Co 5836 Xerxes Ave N 02- 118 -21 -23 -0009 815.00 017876 Kenneth Boyd 5321 James Ave N 02- 118 -21-44 -0058 350.00 Marie Boyd 017876 Wells Fargo Bank N A 5338 Irving Ave N 02- 118 -21-44 -0117 300.00 017876 US Bank Home Mortg MN Finance Agency 6001 Zenith Ave N 03- 118 -21 -11 -0051 320.00 017876 Bac Home Loans Servicing LP 5950 Beard Ave N 03- 118 -21 -11 -0074 300.00 017876 Midland Mortgage Co Midfirst Bank 5925 Xerxes Ave N 03- 118 -21 -11 -0115 250.00 017876 BANK OF AMERICA 5919 Xerxes Ave N 03- 118 -21 -11 -0116 250.00 017876 Moises Soto 5712 Northport Dr 03- 118 -21 -13 -0007 600.00 Blanca Acuna 017876 Bac Home Loans Servicing LP 4113 61st Ave N 03- 118 -21 -21 -0121 325.00 017876 Mary Ann Snow 5549 Brooklyn Blvd 03- 118 -2142 -0018 625.00 017876 American Home Mortg Deutsche Bank Natl 5031 Drew Ave N 10- 118 -21 -13 -0047 245.00 Trust Co 017876 Doua Xiong 7235 Camden Ave N 25- 119 -21 -31 -0080 365.00 017876 Lee Moua 7212 Lee Ave N 27- 119 -21 -32 -0008 265.00 017876 Philip Thao 7218 Kyle Ave N 27- 119 -21 -32 -0089 480.00 My Sao Lor 017876 Bankunited 3909 71st Ave N 27- 119 -21 -34 -0081 680.00 017876 U S BANK N A 6913 Palmer Lake Dr W 27- 119 - 2143 -0101 225.00 017876 c/o Best Assets Inc Sec of Housing & Urban 6924 Quail Ave N 28- 119 -21-44 -0036 315.00 Development 017876 Yee Xiong 6523 Unity Ave N 33- 119 -21 -13 -0079 565.00 017876 Furmencio Mendoza Tapia 4913 Winchester La 33- 119 -21 -14 -0024 265.00 017876 Bee Yang 6400 Orchard Ave N 33- 119 -2141 -0017 315.00 Houa Lor 017876 Maisoua Vang 6425 Scott Ave N 33- 119 -21-42 -0037 280.00 Thong Yang 017876 Kong Meng Vang 4919 61st Ave N 33- 119 -21-44 -0065 915.00 017876 Bank of America N A Bac Home Loans 6800 Abbott Ave N 34- 119 -21 -11 -0121 330.0 Servicing LP 017876 Federal National Mtg Assn 6712 Ewing Ave N 34- 119 -21 -12 -0015 965.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 1 of 2 Special Assessment Pending Levy Roll (Abatement) 2010 Abatement Printed February 07, 2011 O micipal Code No. 22 Levy Runs One Year Levy o. Owner Name(s) Proper Address Proper ID Amoun 017876 Michelle Murch 6707 Drew Ave N 34- 119 -21 -12 -0026 380.00 017876 Dreanna Alston 6825 Drew Ave N 34- 119 -21 -12 -0043 350.00 017876 U S BANK N A 3707 66th Ave N 34- 119 -21 -13 -0028 300.00 017876 Dao Moua 3125 66th Ave N 34- 119 -21 -14 -0060 715.00 Tong Moua 017876 U S Bank N A 6231 France Ave N 34- 119 -21 -34 -0092 365.00 017876 Federal Home Loan Mtg Corp 2801 Ohenry Rd 35- 119 -21 -32 -0091 350.00 017876 FANNIE MAE Federal National Mtg Assn 6706 Colfax Ave N 36- 119 -21 -21 -0042 750.00 017876 Premiere Asset Sery Wells Fargo Bank N A 6325 Girard Ave N 36- 119 -21 -32 -0065 400.00 Total: 18,530.16 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 2 of 2 Special Assessment Pending Levy Roll (Administrative Vacant Building Registration) 2010 Administrative Vacant Building Registration Printed February 07, 2011 Municipal Code No. 22 Levy Runs One Yeo Le No. Owner Name(s) Property Address ProllerUID Amoun 17878 Hennepen Forfieted Land 5800 Bryant Ave N 01- 118 -21 -24 -0083 400.00 17878 Houmpheng Bounsavath 5438 Dupont Ave N 01- 118 -21 -34 -0109 400.00 17878 Hennepin Forfeited Land 5331 Morgan Ave N 02- 118 -21-43 -0060 1,000.00 17878 Gilbert Shannon 6007 Halifax PI 03- 118 -21 -21 -0056 400.00 17878 Carolyn Decko 5731 Halifax Ave N 03- 118 -21 -24 -0002 400.00 17878 Joyce Cooper 3713 53rd PIN 03- 118 -2143 -0066 400.00 17878 Muktar Abdurahman 6912 Morgan Ave N 26 -119 -2143 -0009 1,400.00 17878 Hogenson Properties Ltd 3813 Urban Ave 27 -119 -2143 -0063 400.00 17878 GMAC Mortgage LLC MERS Inc 4803 Wingard PI 28 -119 -2141 -0018 400.00 17878 Adolf Zydowicz 3112 67th Ave N 34- 119 -21 -14 -0004 400.00 Anna Zydowicz 17878 Dao Moua 3125 66th Ave N 34- 119 -21 -14 -0060 1,000.00 Tong Moua 17878 U S BANK N A 6230 Kyle Ave N 34- 119 -21 -33 -0020 400.00 17878 Wells Fargo Bank 6600 Dupont Ave N 36- 119 -21 -24 -0038 400.00 Total: 7,400.00 • City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 1 of 1 Special Assessment Pending Levy Roll (Admire Fines/Citations) 2010 Administrative Penalty /Citation Printed February 07, 2011 O unicipal Code No. 22 Levy Runs One Year Lever Imo. Owner Name(s) Prol&IU Address ProRerty ID Amoun 17880 Miguel Vergara 5931 Colfax Ave N 01- 118 -21 -21 -0020 250.00 17880 Glenn Kurke 6021 Bryant Ave N 01- 118 -21 -21 -0097 125.00 17880 J & M Homes II LLC 5715 Emerson Ave N 01- 118 -21 -23 -0017 125.00 17880 Harold Scott 5750 Bryant Ave N 01- 118 -21 -24 -0043 125.00 17880 Dawn Gieseke 5607 Aldrich Ave N 01- 118 -21 -31 -0090 125.00 17880 Wells Fargo Bank N A 5568 Humboldt Ave N 01- 118 -21 -32 -0066 125.00 17880 Susan Ericson 5421 Girard Ave N 01- 118 -21 -33 -0055 125.00 17880 Brian Bacon 5351 Emerson Ave N 01- 118 -21 -33 -0112 125.00 Tosha Bacon 17880 Bank of America BAC Home Loans Servicin€ 5454 Colfax Ave N 01- 118 -21 -34 -0051 125.00 LP 17880 Randy Barnhard 711 Bellvue La 01- 118 -21 -34 -0139 125.00 17880 Jeffrey Lewis 5732 Knox Ave N 02- 118 -21 -14 -0039 125.00 Janelle Klimek 17880 Dawn Flory 5727 Humboldt Ave N 02- 118 -21 -14 -0092 125.00 17880 Raymond Brown 5836 Vincent Ave N 02- 118 -21 -23 -0002 125.00 17880 Tai Pham 5402 Russell Ave N 02- 118 -21 -34 -0053 125.00 17880 TCF National Bank 5635 James Ave N 02- 118 -21-41 -0055 125.00 880 Linda Anderson 5603 James Ave N 02 -118 -21-41 -0059 1,875.00 Bernadette Anderson 17880 Aspire Enterprises LLC 5556 Logan Ave N 02- 118 -21-41 -0099 125.00 17880 Federal Home Loan Mtg Corp 5548 Knox Ave N 02- 118 -21-41 -0114 125.00 17880 Luis Juarez - Ferrer 1900 Brookview Dr 02 -118 -21-42 -0111 2,000.00 17880 U S Bank Home Mortg U S BANK NA 5500 Oliver Ave N 02- 118 -21-42 -0121 125.00 17880 Schroeder John & Margaret 5312 Oliver Ave N 02- 118 - 2143 -0027 125.00 17880 Bac Homeloans Sery Mtg Elec Reg Systems 5318 Irving Ave N 02- 118 -21-44 -0041 125.00 Inc 17880 Kenneth Boyd 5321 James Ave N 02 -118 -2144 -0058 125.00 Marie Boyd 17880 Midland Mortgage Co Midfirst Bank 5925 Xerxes Ave N 03- 118 -21 -11 -0115 125.00 17880 Mansfield Duopu 6001 Admiral PI 03- 118 -21 -21 -0005 125.00 Constance Duopu 17880 Wells Fargo Bank N A 6001 June Ave N 03- 118 -21 -22 -0011 125.00 17880 Carolyn Decko 5731 Halifax Ave N 03- 118 -21 -24 -0002 125.00 17880 Adem Rabsa 3824 56th Ave N 03- 118 -21 -31 -0049 125.00 Adil Hamid 17880 Robert Batta 5655 Brooklyn Blvd 03 -118 -2142 -0017 1,875.00 17880 Mary Ann Snow 5549 Brooklyn Blvd 03 -118 -2142 -0018 375.00 17880 Joyce Cooper 3713 53rd PI N 03- 118 -2143 -0066 375.00 0 7880 Sylvester Seward 5012 Lilac Dr N 10- 118 -21 -13 -0030 125.00 Cecelia Seward 17880 Nicholas Ramnarace 3416 50th Ave N 10- 118 -21 -13 -0032 125.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 1 of 3 Special Assessment Pending Levy Roll (Admin Fines /Citations) 2010 Administrative Penalty /Citation Printed February 07, 2011 Municipal Code No. 22 Levy Runs One Yea* Le vy No Owner Name(s) Proper Address PropejU ID Amount 17880 Jem Realty Inc 5012 Abbott Ave N 10- 118 -21 -14 -0084 375.00 17880 Sam Yang 5104 Twin Lake Blvd E 10- 118 -21 -21 -0079 875.00 Michelle Yang 17880 CEL MONTON LLC 4806 Twin Lake Ave 10- 118 -21 -32 -0061 125.00 17880 Rick Pha 1101 73rd Ave N 25- 119 -21 -32 -0001 125.00 Youa Vang Tom Vang 17880 Muktar Abdurahman 6912 Morgan Ave N 26- 119 -2143 -0009 125.00 17880 c/o Best Assets Inc Sec of Housing & Urban 6919 Morgan Ave N 26- 119 -21-43 -0015 125.00 Development 17880 Secy Hsg & Urban Develop 7019 Morgan Ave N 26 -119 - 2143 -0061 125.00 17880 Dora Granados 4009 73rd Ave N 27- 119 -21 -31 -0032 125.00 Usbelia Dela Cruz 17880 Faye Larry 7137 France Ave N 27- 119 -21 -31 -0050 1,875.00 17880 MGC Mortgage Inc LNV Corporation 7212 Kyle Ave N 27- 119 -21 -32 -0090 505.00 17880 c/o Best Assets Inc Secy Hsg & Urban 4307 Woodbine La 27- 119 -21 -32 -0106 125.00 Develop 17880 Judith O'Dean 6915 Major Ave N 27- 119 -21 -33 -0042 105.00 17880 US Bank Home Mortgag U S BANK N A 7130 France Ave N 27- 119 -21-42 -0027 125.00 17880 c/o Best Assets Inc Sec of Housing & Urban 7036 Ewing Ave N 27- 119- 2143 -0036 125.0 Development 17880 Sufeng Zheng 6910 France Ave N 27 -119 -2143 -0062 125.00 17880 GMAC Mortgage LLC MERS Inc 4803 Wingard PI 28- 119 -2141 -0018 125.00 17880 Deutsche Bank Nat] Trust Co 7156 Unity Ave N 28 -119 -2142 -0032 125.00 17880 c/o Cedar Mgmnt Mallard Creed Townhome 7081 Unity Ave N 28 -119 -2143 -0142 125.00 Assn 17880 Mary Nachtwey 6931 Perry Ave N 28 -119 -21-44 -0005 125.00 17880 c/o Best Assets Inc Sec of Housing & Urban 6924 Quail Ave N 28 -119 -21-44 -0036 125.00 Development 17880 Michael Johnson 6900 Quail Ave N 28 -119 -21-44 -0040 250.00 17880 Alfred Seley 5130 Howe La 33- 119 -21 -13 -0061 375.00 Martha Kugbeh Kpana Seley 17880 Steven Thao 5131 Howe La 33- 119 -21 -13 -0085 125.00 Amenda Thao 17880 OCWEN LOAN SERV HSBC Bank USA N, 4900 Howe La 33- 119 -21 -14 -0049 875.00 17880 Ralph Gohman 6413 Orchard Ave N 33 -119 -2141 -0036 125.00 17880 David Rosenberg 6125 Scott Ave N 33 -119 - 2143 -0039 125.00 17880 Nou Thou Vang 6113 Quail Ave N 33 -119 - 2144 -0033 125.00 17880 Natl City Re Services LLC 6119 Perry Ave N 33 -119- 2144 -0045 250.00 17880 Wachovia Mortgage Wells Fargo Bank N A 6101 Perry Ave N 33 -119 -2144 -0048 125.� Clarence Dudley 6510 Broo Blvd 34- 119 -21 -13 -0010 375.0 17880 y yn 17880 Ernie Zheng 6607 Beard Ave N 34- 119 -21 -13 -0011 125.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 2 of 3 Special Assessment Pending Levy Roll (Admire Fines /Citations) 2010 Administrative Penalty /Citation Printed February 07, 2011 O nicipal Code No. 22 Levy Runs One Year Levy No. Owner Name(s) Property Address Property ID Amoun 17880 Doris Tuttle 6532 France Ave N 34- 119 -21 -13 -0030 125.00 17880 MAE Properties LLP 6500 Brooklyn Blvd 34- 119 -21 -13 -0084 250.00 MAE Properties LLP 17880 U S BANK N A 6230 Kyle Ave N 34- 119 -21 -33 -0020 125.00 17880 Fabulous Buys LLC 3207 64th Ave N 34- 119 -2141 -0044 125.00 17880 Loan Guaranty Div Sec of Veterans Affairs 2910 68th Ln N 35- 119 -21 -22 -0028 250.00 17880 Jose Orta 2935 67th Ln N 35- 119 -21 -23 -0042 125.00 Jodie Granger -Orta 17880 Nicole Franklin 2807 66th Ave N 35- 119 -21 -32 -0115 875.00 17880 FANNIE MAE Federal National Mtg Assn 6706 Colfax Ave N 36- 119 -21 -21 -0042 125.00 17880 Tong Vue 6801 Dupont Ave N 36- 119 -21 -22 -0009 250.00 Pai Her Vang Seng Her 17880 c/o Best Assets Inc Secy Hsg & Urban 6737 Dupont Ave N 36- 119 -21 -22 -0011 125.00 Develop 17880 EMC Mortgage Corp The Bank of New York 6837 Emerson Ave N 36- 119 -21 -22 -0028 125.00 Mellon 17880 Wells Fargo Bank 6600 Dupont Ave N 36- 119 -21 -24 -0038 375.00 r Total: 21,485.00 City of Brooklyn Center - 6301 Shingle Creek Parkway - Brooklyn Center MN Page 3 of 3 City Council Agenda Item No. 6e • • COUNCIL ITEM MEMORANDUM . DATE: 8 February 2011 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Annual Report on Franchise Fees Recommendation: It is recommended that the City Council receive the annual report on franchise fees given below. Background: As a condition of the ordinances adopted to establish and implement the franchise fees on Xcel Energy and CenterPoint Energy, staff is required to report to the City Council annually on the collection of franchise fees. This memorandum will serve that purpose. No formal action is required at this time. The 2010 fiscal year was the seventh year for collection of franchise fees from Xcel Energy and CenterPoint Energy. Receipts for the,year from each of the franchisees were as follows: Company Date Received Xcel Energy 05/03/2010 $ 100,934.33 1st Qtr. Xcel Energy 08/02/2010 94,448.34 2nd Qtr. Xcel Energy 11/01/2010 92,938.19 3rd Qtr. Xcel Energy 01/28/2011 103,382.68 4th Qtr. Subtotal $ 391,703.54 2010 CenterPoint Energy 04/23/2010 $ 64,838.89 1st Qtr. CenterPoint Energy 07/26/2010 64,735.48 2nd Qtr. CenterPoint Energy 10/19/2010 62,587.22 3rd Qtr. CenterPoint Energy 01/19/2011 63,930.75 4th Qtr. Subtotal $ 256,092.34 2010 TOTAL $ 647,795.88 2010 All dollars received from the franchise fees were receipted to the Street Reconstruction Fund for use in the repair and reconstruction of city streets. For the 2010 fiscal year, $ 1,530,000 was to have been transferred out of the Fund for construction projects in the Twin Lake North, Lakeside and Vincent Avenue neighborhoods. Combined with the revenues received above and the cash remaining from prior year collections, the Street Reconstruction Fund will hold about $ 707,000 for future projects as of 31 December 2010. ;ilission: Ensuring an nttrtzctive, clean, safe conununit�- that enhar :ces the rlualrt� of life and preserves the public crust COUNCIL ITEM MEMORANDUM Budget Issues: The report above covers any budget issues that may be relevant to the current situation. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements • _ fission: Ensuring an attractive, clean, safe cow ucnity that enhances the duality of life and preserves the public trust City Council Agenda Item No. 6f • • COUNCIL ITEM MEMORANDUM DATE: February 8, 2011 TO: Curt Boganey, City Manager rte, FROM: Gary Eitel, Director of Business and Development SUBJECT: Resolution Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, Establishment of Tax Increment Financing District No. 5, and the adoption of a Tax Increment Financing Plan Therefore Recommendation: It is recommended that the City Council consider approval/adoption of the Resolution Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1, Establishment of Tax Increment Financing District No. 5, and the adoption of a Tax Increment Financing Plan Therefore. Background: At the January 24, 2011 Work Session, the City Council received the following updates and information on the proposed redevelopment of the Brookdale properties: • Developer Frank Gatlin re- introduced the development concept and vision of Shingle Creek Crossings to re- establish the commercial presence of this property through the development of a Town Center development that would include a major anchor, two or three junior retail boxes, the renovation of a portion of the mall, several smaller retail buildings and restaurants, and streetscaping that creates the Town Center look. The proposal includes day - lighting of Shingle Creek and is expected to be a catalyst for the rebranding of the city and spurring on development of neighboring properties. He indicated that costs associated with the demolition, soil corrections, environmental issues, and the current market conditions required him to seek economic assistance for the portions of the project that were not related to the proposed major anchor, Walmart. • The city's financial consultant provided a presentation on their financial gap analysis and conclusion that the proposed project would need some level of public assistance to proceed given the speculative nature of the retail market and marginal return without assistance. • City staff presented the three concepts making up a potential financial assistance project: Mission: Ensuring an attractive, clean, safe comnuinity t /iat enhances the qualitt of life and preserves the public trust COUNCIL ITEM MEMORANDUM 1. $3.3 million for public purpose costs, exclusive of Walmart related costs, • to ensure the timely redevelopment of the site and completion of the features prioritized by the EDA. 2. A collateralized $1 million forgivable loan having a term of five years with an interest rate of six percent to provide an incentive for the full project completion in a reasonable time period. The loan amount would be available upon the execution of the Tax Increment Development Agreement and would limit the use of these funds to eligible public purpose costs and acquisitions, exclusive of Walmart related costs. 3. The conditions for sale of the EDA's 1.06 acre lot (former Ground Round Restaurant site) and inclusion to the Shingle Creek Crossing PUD. The consensus of the City Council was to move forward with the framework as presented. Attached for your reference is a copy of the minutes of this Work Session item and a letter to the developer which outlines the framework of the proposed economic assistance package. Proposed Tax Increment Finance District No. 5 (A Renewal and Renovation District). The proposed tax increment financing plan would establish a new Renewal and Renovation District for the eight Brookdale parcels included in the demolition and redevelopment plans for the Shingle Creek Crossing project. They include the following properties: . -The Mall and in -line tenants parcel. -The Mervyn's parcel. - The Penney's and Penney's auto parcels. - The Macy's parcel and eastern parking lot. -The parcel for the vacant lot (previously DQ Chill and Grill). -A small outlot for the Northway entrance. (Note: The Brookdale properties of Applebee's and Kohl's are not included in this district.) The above properties were inspected by a consultant retained by the City and determined to meet the qualifications for the creation of this 16 year tax increment district. The financing plan includes a budget that will finance the proposed economic assistance package with bond repayments from the tax increment received from the initial development of Walmart and the mall renovation and repayment of the TIF 2 inter -fund loan from the balance of the planned commercial development. The budget also includes the opportunity for the EDA to use increment from the balance of the development for public improvements within the district (potential of $2.4 million) and for EDA projects outside of the district (potential of $1.2 million). Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM This opportunity is an option available to the EDA during the first five years of the district. • Should the EDA choose not to pursue it, the total increment would be applied to the repayment of the economic assistance package and administrative fees and result in the early retirement of the debt and decertification of the district. Attached is a copy of a draft plan, proposed schedule and resolution setting a public hearing for March 28, 2011. This resolution also authorizes distribution of the plan to the school districts and Hennepin County. A Work Session will be scheduled for the February 28, 2011, City Council meeting, at which time the City's financial consultant will provide a presentation of the plan and answer Council questions. Budget Issues: The City and all tax jurisdictions will retain the 2011 base value of the eight Brookdale parcels during the life of the district and will receive the full property valuations upon the decertification of the District. This redevelopment project has the potential to promote significant private investment into the City's Central Commerce Area and expand the city commercial tax base. The financial effects associated with the creation of a new tax increment district are included on Exhibits IV and V of the Financing Plan and will be presented in detail at the February 28 • Council Work Session. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing 5. We will improve the image of the City with citizens and others Mission: Ensuring an attractive, clean, safe communi y that enhances the quality of life andpreserves the public trust its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT NO. 1, ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 5, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFORE BE IT RESOLVED by the City Council (the "Council ") of the City of Brooklyn Center, Minnesota (the "City "), as follows: Section 1. Public Hearing This Council shall meet on March 28, 2011, at approximately 7:00 P.M., to hold a public hearing on a proposed modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. l (the "Modification "), the proposed establishment of the Tax Increment Financing District No. 5 (a Renewal and Renovation District) (the "TIF District "), and the proposed adoption of a Tax Increment Financing Plan for the TIF District (the "TIF Plan"), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, as amended. Section 2. Notice of Public Hearing, Filing of Plans City staff and consultants are directed and authorized to prepare the Modification and TIF Plan and to forward such documents to the appropriate taxing jurisdictions, including Hennepin County and Independent School District No. 286 (Brooklyn Center) and Independent School District No. 281 (Robbinsdale). The City Clerk is authorized and directed to cause notice of the hearing in substantially the form attached as Exhibit A hereto, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not less than 10, nor more than 30, days prior to March 28, 2011, and to place a copy of the Modification and TIF Plan on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. February 14, 2011 Date Mayor ATTEST: City Clerk • RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. • EXHIBIT A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center, Hennepin County, State of Minnesota, will hold a public hearing on March 28, 2011, at approximately 7:00 P.M. at the City Hall, 6301 Single Creek Parkway, Brooklyn Center, Minnesota, relating to the proposed adoption of a Modification to the Redevelopment Plan for Housing Development and Redevelopment Project No. 1 (the "Redevelopment Plan Modification "), the proposed establishment of the Tax Increment Financing District No. 5 (a Renewal and Renovation District) within Housing Development and Redevelopment Project No. 1, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor, pursuant to Minnesota Statutes, 469.090 to 469.1082 and Sections 469.174 to 469.1799, as amended. Copies of the Redevelopment Plan Modification and TIF Plan are on file and available for public inspection at the office of the Director of Business and Development at City Hall. The property to be included in the Tax Increment Financing District No. 5 is located within Housing Development and Redevelopment Project No. l and the City of Brooklyn Center. A map of Housing Development and Redevelopment Project No. l and Tax Increment Financing District No. 5 is set forth below. Subject to certain limitations, tax increment from the Tax Increment Financing District No. 5 may be spent on eligible uses within the boundaries of Housing Development and Redevelopment Project No. 1. [INSERT MAP of Housing Development and Redevelopment Project No. 1, and Tax Increment Financing District No. 5] All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER, MINNESOTA /s/ City Clerk W : Nli }tiE I�E� {FiriE Z +w i s � { •i If�� ii ti333 �17 i q k € :. } E a E .. Y F T `€ t{'t €ice P E f s :i= l��� E ' w r MI —r 1 it • i'• y x L �c n rt u 4 z r b e a . x . a+.Sari t @7 a t €h € f3 aY f +' y p, `• "+' �, "" :x f ... -u- �\ / E EE , i S n""r ` ii�°zr{'" ktfi ` -�-,`• m N ♦V Z 1= `bx' llt t 1 i . x a >� a s" `s - cF.Et°....: Q (0 zZ� .. }4 d) 6n Ts r W n s t1. W V♦ _ ,r1 F D , I'� t... .b f' }^-• { �.6 ,r� t Y T T' f fit. i WON IMMUNE Anne w x } �r 's al 2 X \�1CF48` /1♦ w »: M �. r L s "� , - \ xf: c ' • Nt i'"x.a1. y ...x ' O ...v ( € y"r ' 3 €�,3, •F.�`K� t F� z+ r�„ {` n ` f Y:. "° r o- e ° Z`"°., F € ', j{ E " d.. '"`"'" € : a i p ,C'�ti itszs... AE"''.. ,,,., r",,," P c• k ? 1 C.' �; ' €P k ..l O U �a (E of E , Y P f ! i ✓, a s xi� Y, ■ A, .. £ f rt T ,tic r t °Y -t ,�� Y� x t #x# •�{i „.1.,.,.�€ t "' "'}n ,'....�.. 7E NIT 6 x`", S •tr . : ' ;� ` w, 9 t r '2E 1 f ;a . 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' • :: Q: SQTH AVE N ... ) 4TH AVE N w 3 alf of a BROOKLYN _ CENTER w = r •= Brooklyn Center GIS 0 oos as 0,2 :......_... ._ -= •.- .'...r _: .. rie• City of Brooklyn Center, Minnesota Tax Increment Financing District No. 5 (a Renewal and Renovation District) For The Shingle Creek Crossing TIFProject Time Schedule for Public Hearing on March 28, 2011 Date of Event Event Monday, January 24, 2011 EDA Execut' sion @ TBD Discussion of Proposed P IF District Creation Monday, February 14, 2011 City calls for public he @ 7:00 PM nday, March 28, 2011 to er approv TIF District No. 5 (re provi ennedy &Graven) Thursday, February 17, 2011 P Commission @ 7:00 PM Co revised P roval of resolution determining TIF n neral p he redevelopment of the city (re o ided nedy & Graven) • On /Before Februa ry 24 School Districts receive impact letters and TIF Plan Establishment (sent by Springsted) days prior to public hearing Mond 011 EDA/City Council Worksession @ Discussion of TIF District (Optional) Thursd ch 17, 2011 Publication of notice of public hearing on Deadline: March 8 Establishment of TIF No. 5 (arrangements made by City) 10 -30 days prior to public hearing Monday, March 28, 2 11 City Council holds public hearing, and adopts resolution consenting to @ 7:00 pm establishment of TIF District No. 5 (resolution provided by Kennedy & Graven) Monday, March 28, 2011 EDA adopts resolution establishing TI F District No. 5 Following City Council Meeting (resolution provided by Kennedy & Graven) 10 After March 28, 2011 Filing of TIF District Establishment (completed by Springsted) Prepared on January 21, 2011 Economic Development Authority inland for the City of Brooklyn Center, MinnesQoi'�" Modification to Redevelopment,` for h Housing Development and RL evelopment Project 1 And s Tax Increment Fin ncing! n for Tax Increrr ft Fm ing 1, I t No. 5 (A Rene 1 and Re ation trict) O ShinglCreekrossing Prcjec 3 r z IIIr�iriousing Development and Redevelopment Project No.1 z s 9 .� =y r Dated February 1 Q 11 (Draft) Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101 -2887 (651) 223 -3000 WWW.SPRINGSTED.COM . TABLE OF CONTENTS Section Page(s SectionI Definitions .............................................................................................. ..............................1 Section II Modification to Redevelopment Plan for Redevelopment Project ........................ ..............................1 Section II.A Statement and Finding of Public Purpose ............................................ ............................... 2 Section 11.6 Statutory Authorization ................. ............................... 2 Section II.0 Statement of Objectives ................ ............................... ... . . .. ........................................ 2 Section III Tax Increment Financing District Plan for Tax Increment Financf, s io No. 5 . ............................... 2 Section III.A Designation of Tax Increment Financing District as a Rene>r3ral and Re cation District .................. 2 Section 111.13 Duration of the TIF District ............................. .............................. ............................. 4 Section III.0 Property to be Included in the TIF District.... A. .............................. ............. 4 Section III.D Property to be Acquired in the TIF District .,w .1 ...................................... .. ..................... 4 w Section III.E Specific Development Expected to Occur 4fthih.the TIF District ............. ................4 Section III.F Findings and Need for Tax Increment Financing 5 ......................... r Section III.G Estimated Public Costs.... ........ ...................... �v � ............... 6 .. ....................... ................ Section III.H Estimated Sources of Revenues .......... .................: ............................... 6 Section 111.1 Estimated Amount of Bonded Indabtednes . ........ t ............. ............................... 7 Section IILJ Original Net Tax Capacity . ............................... Section IILK Original Tax Capacitytate ..... ...� ..'. . ............ ............................... 7 Net Tax Cap IILL Projected Retatnetl cured pacity end Projec ax Increment .............................. 8 Section III.M Use of Ta fj'ter .......... 8 ement.......,. , ?I;s,. ......................................................... ..................... Section III.N ExcessT ncrement ...... 9 ................................. ............................... Section III .0 Tax Increm " � Pooling ule ............................... .............................10 Section III P Limi ta on on a Expes�; ....................................... .............................10 Section 11I Umit Pro of Subject to Improvements - Four Year Rule ........ .............................11 .;, Se l�'.R Estimate ton ,Taxing Jurisdictions ......... ............................... ..................11 c� H Sed Prior Planne veme ....................................................... .............................12 Section III T Development Ag ents ...........12 Section I� ssessment Agree t�ts .............................................................. .............................12 Section III V Nk�dJtications of th0 z ax Increment Financing Plan .............................................................. 12 Section III W Adm satio tr i Y Tax Increment Financing Plan ............................... .............................13 Section III .X Financial ng and Disclosure Requirements .................................. .............................13 Map of the Redevelopment Project Area .................................................................. ............................... EXHIBIT Map of the Tax Increment Financing District ........................................................... ............................... EXHIBIT II Summary Finding for Renewal and Renovation District .......................................... ............................... EXHIBIT III Assumptions ....................................................................... ............................... ........................EXHIBIT IV Projected Tax Increment Report ....................................................... ............................... .......................EXHIBIT V Estimated Impact on Other Taxing Jurisdictions Report ....................................... ............................... EXHIBIT VI Market Value Analysis Report ....................................................... ............................... ........................EXHIBIT VII Projected District Cash Flow and Bond Repayment ...................... ............................... .......................EXHIBIT VIII Economic Development Authorityin and for the City of Brooklyn Center Section I Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority* means the Economic Development Authority in and for the City of Brooklyn Center. "Brooklyn Center School District" means Independent School District No. 286, Minnesota. "Ci Y means the City of Brooklyn Center, Minnesota; also referred to as a "Munici a' " "City Council" means the City Council of the City; also referred to as the "Gover:. od ". County' means Hennepin County, Minnesota. "EDA Act" means Minnesota Statutes, Section 469.090 to 469.108, inclusive, as amend .3, "HRA Act" means Minnesota Statutes, Section 469.001 to 469.47, inclusive, as amended. a � z3 Redevelopment Plan means the Redevelopment Plan for toe Redevelopment�,Project. 1 Y,. "' "Redevelopment Project" means Housing Development and Redevelpreerit Project No.1 in the City, which is described in the corresponding Redevelopment Plan. s "Project Area means the geographic area of the Fpetevelopmert, rotect Robbinsdale School District me ependent School Ust 0-1 1, Mrnne ta. • "School Districts" means ly the lyn Center and Robbinsdale School Districts. 5 "State" means the Statof t.innesota "TIF Act" means Minnesota St�tes =� cti 4694 tirou 69.1799, both inclusive. .. m�... "TIF District Aeans "f ajc ntcrement Lancing District No. 5. "TIF Plan means the tax increrft# financiit` Ian for the TIF District (this document). W' Section II �MQ; 'fication t evelopment Plan for Redevelopment Project The following text rep ftinuatiof iication to the Redevelopment Plan for Redevelopment Project No. 1: This modification represents n of t he goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No. 1. Generally, the substantive changes include the establishment of Tax Increment Financing District No. 5 to assist in the redevelopment of the Brookdale Mall by Gatlin Development Company (the "Developer") under the terms of a Development Agreement. The land in TIF District No. 5 is shown in Exhibit I. The Estimated Public Costs is modified to include those set forth in Section III.G of the Tax Increment Financing Plan for Tax Increment Financing District No. 5. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 is recommended. It is available from the City Administrator at the City of Brooklyn Center. Other relevant information is contained in the Tax Increment Financing Plan for Tax Increment Financing Districts No. 1, No. 2, No. 3, and No. 4 located within Redevelopment Project No. 1. Springst 'd Page 1 Economic Development Authority in and for the City of Brooklyn Center . A map of Redevelopment Project No.1 is attached as Exhibit 1. Section ILA Statement and Finding of Public Purpose On April 25, 1994, the City Council and Authority expanded the geographic boundaries of the Earle Brown Farm Redevelopment Project to include Housing Development Project No. 1 and other properties and provided additional housing powers. The modified redevelopment project is renamed Housing Development and Redevelopment Project No. 1. The Authority intends to use the powers allowed under the EDA Act and H to promote development and redevelopment through the City and to pool resources in order to reduce financra rriers to providing decent housing and employment opportunities.'' Section 11.13 Statutory Authorization On August 24, 1987, the City Council authorized the estabifs '' ent of the Brooklyn Center Economic Development Authority (Authority). Pursuant to City Council Resolution N&.- the ALM, ority has and may e6rcise all of the powers conferred by law upon a Housing and Redevelopment °Authority The Authority has been authorized by the City to cant' out all powers of and administer all projects initfaf e Brooklyn Center HRA. The Authority established Housing Development and Redevelopment Project No. 1 p rs "ant to the EDA Act and the HRA Act. HRA Act authorizes the Authority to exercise all the powers relating to a housrng and redevelopment authority granted under Minnesota Statutes, Sections 469.001 to 469.047, or other law Within the City areas exist where fi involvement fsnecessa�toauseredevolepment to occur. The Authority has • certain statutory powers pursu Act to assrs in finariomg efii -tivities related to these redevelopment needs. Section ILC State mentof Obje AW6 r�i3b'ectives of the Red ment Plan are listed below: evelo The samplrng of�h�`��eneral goats � f p ■ 'M Wovide deceit ° and � kgry housing for persons of low and moderate income. ■ To provide goverrinw of assistan o to eliminate slum and blight. ■ To:provide an ongoing b befit to the residents of the City and those who may frequent the area. ■ ToAhance the tax ba4 the City. ■ To proVAde maximum opportunity, consistent with the needs of the City, for development by private enterprise ■ To better utilize vacant or undeveloped land. Section III Tax Increment Financing District Plan for Tax Increment Financing District No. 5 Section III.A Designation of Tax Increment Financing District as a Renewal and Renovation District Renewal and Renovation districts are a type of tax increment financing district in which the following conditions exists: 1) i) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures; ii) 20 percent of the buildings are structurally substandard; and Springst 'd Page 2 Economic Development Authonty in and for the City of Brooklyn Center iii) 30 percent of the other buildings require substantial renovation or clearance to remove exisfing conditions such as: inadequate street layout, incompatible uses or land use relationships, • overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not suitable for improvement or conversion, or other identified hazards to the health, safety, and general well -being of the community. 2) the conditions described in clause (1) are reasonably distributed throughout the geographic area of the district. For purposes of determining whether a building is structurally substandard, whether parcels are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures, or whether noncontiguous areas qualify, the provisions of subdivision 10, paragraphs (b) through (f), apply. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. yy� The TIF District qualifies as a renewal and renovation district in tha it"' beets all of t e,,criteria listed in (1) and (2) above. An executive summary of a report prepared by Alden sates Arch itec�ural,Services that details the qualifications is included in Exhibit Ill. A copy of the entire re supporting facts n --documentation for this determination is on file with the Authority and is available to th 4, is upon request. The full r 'rk will be retained by the Authority for the life of the TIF District. "Structurally substandard" is defined as buildings containing de or 'e cies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including ;'layout and condition of interior partitions, or similar factors. Generally, a building is n . turally substana it is in compliance with the building code applicable to a new building, or could be modi the existin e at a cost of less than 15% of the cost of constructing a new structure of the same size an e W A city may not find that a building is structurally slandas ut an mterio "inspection, unless it can not gain access to the property and there exists evi ence whit" 6N , the sfr dturally substandard finding. Such evidence • includes recent fire or police inspections, site propert appraisals or housing inspections, exterior evidence of deterioration, or other similar., reliable evid6h63. Written. umentation of the findings and reasons why an interior inspection was not coned must be mid e and retained' A parcel is deemed to be occupied by a structurally substandard building if tho owing cords are met: X '"`:. (1) the pa a Swas occupyg a substandard - t i itding within three years of the filing of the request for CeYtificafio e�parcel -es part of the district; (2 the demolition or removal a substandard building was performed or financed by the City, or was performed by a develd , er undo a tlevelopment agreement with the City, �ity found by resolution before such demolition or removal occurred that the building was structurally sins ndard and that the City intended to include the parcel in the TIF district, and the City otifies the coup auditor that the original tax ca capacity of the parcel must be adjusted upon filing ( ) county Pa ty P 1 p 9 the request for certification of the tax capacity of the parcel as part of a district. In the case of (4) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. A parcel is deemed "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots; or other similar structures. At least 90 percent of the tax increment from a renewal and renovation district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, Springsted Page Economic Development Authority in and for the City of Brooklyn Center pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit • development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the Authority may be included in the qualifying costs. Section 11111.13 Duration of the TIF District Renewal and Renovation districts may remain in existence 15 years from the date of receipt of the first tax increment The Authority anticipates that the TIF District will remain in existence the maximum d .ation allowed by law (projected to be through the year 2028). Modifications of this plan (see Section lll.V shall nd these limitations. All tax increments from taxes payable in the year the TIF District is decertified shall be. the Authority. Section III.0 Property to be Included in the TIF District .. The TIF District encompasses approximately 60 acres of land located within theProjec ` rea. The TIF District includes the tax parcels identified in the table below and all adjacent and contiguous ri ghts o' f way_ A map of the TIF parcels is included in Exhibit IL .. School Parcel ID: District Address ; , , Partial Le al Des `ti on 02- 118 -21 -32 -0017 #281 1108 Brookdale Centere .Land Surve No. 1766, Tract A 02- 118 -21 -32 -0014 #281 1200 Brookdale Center a,.;Re . Land Survey No. 1710, Tract B 02- 118 -21 -32 -0009 #281 1265 Brookdale Center Land Survey No. 1469, Tract C 02- 118 -21 -32 -0010 #281 1265x R Land Survey No. 1469, Tract D 02- 118 -21 -32 -0011 #281 1100 Bx kdale Ce? _ , ,,,, RejLaid No. 1469, Tract E • 02- 118 -21 -23 -0021 #2Atm,, _g. Land Survey No. 1469, Tract A 02- 118 -21 -23 -0023 x Bro Land Survey No. 1710, Tract C 02- 118 -21 -31 -0055 , 86 1 1 County ad No. 10 Reg. Land Survey No. 1614, Tract A 3; Section III.D Propertyb be A C q gyred tri tie IlF Distr The Authoritmyctllq and saJany or all of the properly located within the TIF District. However, the Authority does nokan iri at acquinng within the TIF District. Section 111E Specific Deve10 ment Expected to Occur Within the TIF District The proposed P w a ect will redevelo a Brookdale Mall, excluding the Sears department store, demolishing the three anchors and al , 0,355 s. a mall space. Once complete the Project is expected to include a Walmart Supercenter (152,0`1 nior anchors (122,324 s.f.), six restaurant pads (42,149 s.f.), six retail stores (53,628 s.f.), plus 130, enovated mall space (total retail space 500,471 s.f.). The Developer anticipates commencing demolition and site grading around May 1, 2011. The full build out of the site is expected to take three years, as follows: • Walmart and 40,923 s.f. of retail and one junior box of 57,671 s.f. expected to be 100% complete in 2012 and assessed January 2, 2013 for taxes payable 2014; • The renovated 130,355 s.f. in the mall, 12,705 s.f. of retail, two junior boxes of 64,653 s.f. and 24,598 s.f. of restaurant expected to be 100% complete in 2013 and assessed January 2, 2014 for taxes payable 2015; and ■ Remaining two restaurant pads of 17,251 s.f. expected to be 100% complete in 2014 and assessed January 2, 2015 for taxes payable 2016; Spring ed Page Economic Development Authority in and for the City of Brooklyn Center Section III.F Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a renewal and renovation district; See Section I ILA of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not r sonably be expected to occur solely through private investment within the reasonably fore I future, and the increased market value of the site that could reasonably be expec occur without the use of tax increment would be less than the increase in market valu ated to result from the proposed development after subtracting the present value of th increments for the maximum duration of the TIF District permitted by the TIF Plan, �g Factual Basis: i Proposed development not expected to occur.- The proposed development consists of approximately . 500,000 sf. of retail uses constrracted by the Developer, Gatlin Development Company. The Developer has 7dicated they will begin construction of the proposed project only if the Authority can provide public assrs ante The Developer has demonstrated that qurrent _e,., ncp condit� ale it unfeasible for the project to proceed. Extensive redevelopment costs_ luding rd� m :, . ediation at nvironmental contamination along with extensive street and landscaping cos�regwred byre( ca n be supported by the anticipated project revenues, and given the speculative of.th"MensiOl iM, ;tenanting required. • f 5 ,. No higher market value expected f f3 This finding is used on the t a no othe evelopment of comparable scope to the proposed development is prat cat witl�(d iy a of srstance described in this plan. The City believes the rernue tmertt this k to will provide ecr nomic growth and redevelopment to the fullest potential, whrch woudi fbe realized 'But for the use of tax increment financing. e � ` To summarize the for pity's findings regarding altemative market value, in accordance with ,Nk 141inesota Statutes, S on 469.1ubd. 3(d), the City makes the following determinations: The City's estimate of the amount by which the market value of the site will increase without h arse of tax increment financing is anywhere from $0 to some modest amount based on small scale deelopment that could be possible without assistance; any estimated values would be too speculative to ascertain. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $49,158,660 (See Exhibit IV and VII). C. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $7,533,433 (See Exhibit VII). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $41,625,227 (the amount in clause b less the amount in clause c) without tax increment assistance. S pringsted Page Economic Development Authority in and for the City of Brooklyn Center (3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a • whole, for redevelopment of the TIF District area by private enterprise. Factual basis: The anticipated redevelopment projected by the Developer includes a mix of retail uses and substantial site improvements consistent with the City's design goals. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City Planning Commission has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. (5) The Authority elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3(b) (see method (b) in Sectio I(iyL , 4 . Section III.G Estimated Public Costs The estimated public costs of the TIF District are listed halo, uch costs are eligible for r�bursement from tax increments of the TIF District. Land/Building acquisition $1,000,000 Site im rovement/ re costs 3,300,000 Parking Facilities 0 Streets and Sidewalks a,, 0 Installation of Public Utilities 0 Loan /Note /Bond Interest Pa mehts F; ; d 2,875,000 Administrative expenses 5 1,184,000 Other Expenditures Bond issuance Costs ,.dmin 39,000 Ca tized Interest pftents 295,000 EDAentified Publrc:tth Within TIF District 2,434,000 EDA Id &k PGbtl : -lire utside,TIF Olstrict 1,223,000 ;� Totah„ 3 $12,350,000 The Authority reserves th ht to fh inistratively adjust the amount of any of the items listed above or to incorpprate additional eligible'r ens he total estimated public cost is not increased. Section 111.11N Estimated Sources of Revenue Tax; Increment revenue* $12,230,000 Interest on invested funds 120,000 Bond proceeds 0 Loan proceeds 0 Other Revenues 0 Developer Shortfall Payments 0 Total $12,350,000 ' Net of State Auditor Deduction The Authority reserves the right to finance any or all public costs of the TIF District using pay -as- you -go assistance, • internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment F3 Sp ri tl9 St £d Page 6 Economic De veiopment Authority in and for the City of Brooklyn Center income. The Authority anticipates issuing general obligation TIF bonds and executing internal borrowing from allowable general funds of the Authority and/or City to finance a portion the public costs. • Section 111.1 Estimated Amount of Bonded Indebtedness The Authority anticipates issuing tax increment bonds to finance a portion of the estimated public costs of the TIF District and to internally loan funds to the TIF District from allowable Authority and/or City funds. The Authority and City reserve the right to issue such bonds in an amount not to exceed $9,000,000 ($8,291,000 for public costs other than administrative expenses and loan /note/bond interest payments plus 1 .0 The expected cash flow demonstrating repayment of the bonds is shown in Exhibit VIII. Section III.J Original Net Tax Capacity -> ter ,. The County Auditor shall certify the original net tax capacity of the TIF District. This value= jll be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Reveriue, For districts certified between January 1 and June 30, inclusive, this value v ;ed on the previous assess m�r ' ear. For districts certified between July 1 and December 31, inclusive, this Is based on the.current asses ear. The Estimated Market Value of all property within the TIF District as of Janua 2, 2010, for taxes payable in 2011, is $12,645,000. Upon establishment of the TIF District it is esfimatedtltt #riginal net tax capacity of the TIF District will be $248,210. Each year the County Auditor shall certify the amount thatythe ongmal net kda,pacity has increased or decreased as a result of: s.. Va k • (1) changes in t t status of#ar`4perCy, (2) reducfio enlargemef the geog is area of the TIF District; (3) change to stipul t agreements or Cements; or (4)' chancy s in pro ossification ates''° d . Section I�1 K Original TXapacity R9te The Coun editor shall also cerfi " -the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates t, apply to prop n the TIF District. This rate shall be for the same taxes payable year as the original net tax c a In future years, the a, crement generated by the TIF District will be calculated using the lesser of (a) the sum of the current local s at that time or (b) the original tax capacity rate of the TIF District. At the time this document was prepared, the sum of the local tax rates that apply to property in the TIF District, for taxes levied in 2009 and payable in 2010, was all that was available. For purposes of estimating the tax increment generated by the TIF District, this available local tax rate has been used and is shown below. The County Auditor shall certify the rate applicable to the taxes payable year as the original net tax capacity as the original tax capacity rate of the TIF District whenever it becomes available. Spri " fisted Page 7 Economic Development Authority in and for the City of Brooklyn Center • Tax Rate Payable 2010 Taxing Jurisdiction For parcels located within For parcels located Brooklyn Center SD within Robbinsdale SD City of Brooklyn Center 52.412% 52.412% Hennepin County 42.640% 42.640% ISD #281 ( Robbinsdale) 28.621% NA ISD #286 (Brooklyn Center) NA 1.173% Other 8.219% 8.219% Total Tax Rate 131.892% s `k 154.444% Section 1111 Projected Retained Captured Net Tax Capacity and Projected Tax Increment The Authority anticipates that the building construction for a1 he development will be complete ecember 31, 2014, creating a total tax capacity for the TIF District of $1,2 , �s of January 2, 2015. The captured tax capacity as of that date is estimated to be $635,968 and he first full year o 1 #ffient is estimated to be $849,827 payable in 2016. A complete schedule of estimated to ent from the TIP Di "trict is shown in Exhibit V. The estimates shown in this TIF Plan assume he rciallindustnal t�,a s rates remain at 1.50% for the first $150,000 of the estimated market value and 2.0 '' r the estunaeed marked a ;. above $150,000. The estimates assume no annual increase in market value. Each year the County Auditor shall deten4l, a the current Vie# tax capacity of all property in the TIF District. To the extent that this total exceeds the original a tax capacrt the difference shall be known as the captured net tax capacity of the TIF District y , For communities affected by the fscaf�dtsarity pftions,of Minnesota Statutes, Chapter 473F and Chapter 276A, the original ne taapacity o1'll District shall bed'etermined before the application of fiscal disparity. In subsequent years; tttcnent net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) ex,` the product ny fisc parity increase in the TIF District (since the original net tax capacity was certifredf" mes the appropnat " cal is .ratio. The method the City elects shall remain the same for the life of the TIF-Of - ct, except that a s nje change day be made at any time from method (a) to method (b) above. The Authority ele` smethod (b), or M 5 Section 469.177, subdivision 3(b). E The County Auditor hall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retafr any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit IV gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit V which shows the projected tax increment generated over the anticipated life of the TIF District. Section III.M Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit V shows the projected deduction for this purpose over the anticipated life of the TIF District. KI Spri cist 'C Page 8 Economic Development Authority in and for the City of Brooklyn Center 0 The Authority has determined that it will use .100 /o of the remaining tax increment generated by the TIF District for any of the following purposes: u oses: (1) pay for the estimated public costs of the TIF District (see Section III.G) and County administrative costs associated with the TIF District s ( ee Section III.P); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; all or a portion of the county road costs as may re ui b the Coun Board under M.S. ( ) pay P ty Yq �y� ty Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County A r redistribution to City, County and School Districts. Tax increments from property located in one county must be ex nded for 'direct and primary benefit of a project located within that county, unless both county boards involved e t u'irement. Tax increments shall not be used to circumvent levy limitations applicable to the City., t Tax increment shall not be used to finance th constructl novation, operation, or maintenance of a building to be used primarily and regularly for co i siness of a'�rnicipality, county, school district, or any other local unit of government or the State or feder ovemmerl r for a coiths area used as a public park, or a facility used for social, recreational, or conference ses 1 on does not apply to the construction or u. • renovation of a parking structure or of a privately owned acuity co co If there exists any type o agreement or arra ement prong for the developer, or other beneficiary of assistance, to repay all or a portion of assistance that paid or financed with tax increments, such payments shall be subject to all of the restrictions imed on the tax increments A Assistance includes sale of property at less than the cost of acquisition or fair rriarket yalt�� rifitsgf ui�dother leases at less then fair market rent, interest rate subsidies, util se c connectraris,� ads, or other 4 r assistance that would otherwise be paid for by the developer orrieficla 7 „ I N, Section lll;,N, Excess Tax ment X ¢� In any year in� Ich the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs aut�rzed by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Springs Page 9 Economic Development Authority in and for the City of Brooklyn Center • Section 111.0 Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section III.A for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within District within five years after certification of the district; \ (2) used to pay bonds that were issued and sold to a third pa#ty, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the fi e� ear period or a reasonable temporary period or are deposited in a reasonably required reserve or rap( ent fund. (3) used to make payments or reimbursemhts to a third party under binding contracts for activities performed within the TIF District, which uvera.entered into #in five years afterc�ification of the district; or V (4) used to reimburse a party for payment of eligible co (including interest) incurred within five years from certification of the district. W « X Beginning with the sixth year following certification i f the TIF Dido ld-at least $Q I� of the tax increments must be used to pay outstanding bonds or make ractual payrnerits obligat0d,uvrlh' t e first fn a years. When outstanding bonds • have been defeased and suffi ' as been' aside tv' "pay forsuchontractual obligations, the TIF District must be decertified. \ The Authority anticipates #hat tax increments , ill be spent r " ide of the TIF District (including a portion for allowable administrative expenses) fo� eligible:xpeitures consis #with the Authority's redevelopment goals. m bhi y ;: V� "• � k " Section II trm� on on r " mrrustrative Expenses Admm�strative expenses are de�t#ed as all csts of the Authority other than: (1)�. amounts paid fors a purchase of land; 6y (2) amounts paid f aterials and services, including architectural and engineering services directly cod ted w physical development of the real property in the project; (3) reloca efits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. No tax increment may be used to pay any administrative expenses for a project which exceed ten percent of total estimated K] Spfittgsted Page 10 Economic Development Authority in and for the City of Brooklyn Center tax increment expenditures authorized by the tax increment financing plan or the total tax increments, as defined in section 469.174, subdivision 25, clause (1), from the district, whichever is less. Section III.Q Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, rel tion of a street, or substantial reconstruction or rebuilding f an existing treet. The Authority must submit to n Auditor, b February 1 of 9 9 ty ty Y ry the fifth year, evidence that the required activity has taken place for each parcel.' IF District. If a parcel is excluded from the TIF District and the Authority or owner of arce1 ubsequently commences any of the above activities, the Authority shall certify to the County Auditor th t so activityty hes commenced and the parcel shall once again be included in the TIF District. The County Audito certify the netfaeapacity of the parcel, as most recently certified by the Commissioner of Revenue, and ad, r amount to the onginalet tax capacity of the TIF District. Section 111.11 Estimated Impact on Other Taxing Jurisdi¢ arts Exhibit VI shows the estimated impact on oth e ' urisdictions . Maximum projected retained captured net tax capacity of the TIF District was hypothetically the other tax�iggjurisdictions. The Authority believes that there will be no adverse impact on other taxin ris wring the fifof." TIF District, since the proposed development would not have occurred without t estatifis eft of the TIF strict and the provision of public assistance. A positive impact on other taxing jurisdtetions wi cup when th TIF District is decertified and the development therein becomes part of the general tax • The fiscal and economic implications of t�:: ! increment financing district, as pursuant to Minnesota Statutes, Section 46917 ubdivision 2, aye listed below. � M . 1. The total amount bf t X incremenir ll b enerated over the life of the district is estimated to be $12,273,304,z 2 The City does ndt expect ve noticeable impact to city provided services such as police and fire protection resulting from the es lishment of the TIF district and the eventual redevelopment of the project site, The City expects ta1`acur public frastructure costs related to the project and fund those costs directly from the TIF district revels. The City plans on issuing general obligation tax increment revenue bonds and recog�es that the planned bond issue will not materially impact the City's future ability to issue other debt for general "fund purposes. 3. The amount of tax increments over the life of the district that would be attributable to the Brooklyn Center school district levies min he school share of the total local tax rate for all taxing jurisdictions assuming t ool g � 9 remained the same, is estimated to be $364,768. 4. The amount of tax increments over the life of the district that would be attributable to the Robbinsdale school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $2,424,449. 5. The amount of tax increments over the life disat would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $3,915,924. s S i Page 11 I" Il � t� { Economic Development Authorityin and for the City of Brooklyn Center 6. No additional information has been requested by the county or school districts that would enable it to O determine additional costs that will accrue to it due to the development proposed for the district. Section III.S Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. At the time this document was prepared no building permits had been issued in,the previous 18 months in conjunction with any of the properties within the TIF District. Section III.T Development Agreements f, For certain TIF districts, limitations are placed on properties to acquired by the Authonty�f°,purchased with tax increment bond proceeds (to which tax increment from 1h 0"'- erty is pled ed). A renewal and renovation district does not have such restrictions. The Authority anticipates entering into a develo ment agreemen ll(.the redevelopment of the TIF district, and does not anticipate acquiring an a to Di sin p cq g y p roperty c in the TIF Distnc�. A Section III.0 Assessment AgreementsT The Authority may, upon entering into a development agreement; also ene to an assessment agreement with the developer, which establishes a minimum market value of:.tii' land and improvements for each year during the life of the TIF District. A. The assessment agreem shall be presented to the County or City Assessor who shall review the plans and specifications for the improve is to be cor�struc rev }ew t "e market value previously assigned to the land, and so long as th# mm�num marke value .contained in the `assessment agreement appears to be an accurate estimate, shall certi t agree as reasonable. The assessment agreement shall be filed for record in the office gfhe' County Re�rer of a ounty where the property is located. Any modification or premature termifi of this agreemen mats first pproved by the City, County and School District. The Authority reserves the right to tinter into assessment agreements for any portions of the TIF District. Section HIM Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District, and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF Districts original net tax capacity, or the City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. Springsted Page 12 Economic Development Authority in and for the City of Brooklyn Center The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the • TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section III.W Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the origi I net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the city shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF PI a listing of any prior planned improvements. The Authority shall also send the County Assessor any ment agreement establishing the minimum market value of land and improvements in the TIF District, ar�r pest that the County Assessor review and certify this assessment agreement as reasonable.q „ E � The County shall distribute to the Authority the amount of tax increment as it becomes a�able The amount of tax increment in any year represents the applicable property ta xe enerated by the retained capttltedgnet tax capacity of the TIF District. The amount of tax increment may changee to development anticipated by .TIF Plan, other development, inflation of property values, or changes in property classification�ates or formulas. I ,O iinistehng and implementing the TIF Plan, the following actions should occur o an annual basis: (1) prior to July 1, the Authority shall notify the Co u A sessor of any new development that has occurred in the TIF District during the past year to ms, hat the new value will be recorded in a timely manner. (2) if the County Au ' receives the est forcrtEfic�n of a nevr TIF District, or for modification of an existing T fore July 1 �ust shall recognized in determining local tax rates for the cuf nd s quent levy y s `Requests received on or after July 1 shall be used to determ, I tax rates" ;�ubsequentyears. (3) each yebfe Countpr shall certi a amount of the original net tax capacity of the TIF District. Th o if 6dd� l e e t a changes that occur as a result of the following: t\ the vale f roperty that changes from tax - exempt to taxable shall be added to the v grnal ne & 4 capacity of the TIF District. The reverse shall also apply; 4 Q (b) the orlgii aI net tai opacity may be modified by any approved enlargement or reduction of .. the TIP trict ;' if law eming the classification of real property cause changes to the percentage of esti market value to be applied for property tax purposes, then the resulting increase ease in net tax capacity shall be applied proportionately to the original net tax city and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section 11111 Filing TIF Plan, Financial Reporting and Disclosure Requirements The Authority will file the TIF Plan and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The Authority will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. Springsted Page 13 Exhibit I MAP OF TAX INCREMENT FINANCING 0 DISTRICT NO.5 (SHINGLE CREEK CROSSING) AND Housing Deve lopment and Redevelo Project No. 01 Project Areas 4LI 01 LILIL hf 1, kh 1 4 UAIIIA 13 L LU& t 1 11 LILL list I[AU11.1 LL! I Ll I y< u 41M M tt 11 A TTIA A �€ , a z� 4 w OE � VT LOCAL WPM it f W 41 1 P �K Legend • Springsted Page 14 Exhibit 1l MAP OF Tax Increment Financing District No. Shingle Creek Crossing Tern Center RUM. .yam # ., .< i . 9 R !Ira 1i J I + 4" �. 4 run fr: :7t ' . 1 J } r�u nr BNnIlKL II 7'ER C Y s os u ex • Spri igsted Page 15 Exhibit 111 EXECUTIVE SUMMARY OF FINDINGS RENEWAL AND RENOVATION ELIGIBILITY ASSESSMENT PROPOSED BROOKDALE TIF DISTRICT Purpose Alden Associates Architectural Services was hired by the city of Brooklyn Center to survey and evaluate the properties within the proposed Brookdale Tax Increment Financing (TIF) District. The proposed district is bordered on the north by County Road 10 to the north, Highway 100 to the east and south, and Xerxes Avenue N to the west. The purpose of our work was to independently ascertain whether the qualification tests for tax increment eligibility, as required under Minnesota tute, could be met. The findings and conclusions drawn herein are solely for the purpose increment eligibility and are not intended to be used outside the scope of this assessment. z .•, Scope of Work The proposed district consists of 8 parcels comprised of the following types improvements: 4 commercial structures on 5 parcels, and 4 parcels with, paling improvements. Evaluations Interior inspections were completed for all 4 buildings An terior inspection was also completed for all buildings. Ak Findings • Coverage Test — In the pro District,"a11 of the aicels "e coverage test with a 88.5% area coverage. This exceeds th y erage requirement. Condition of Buildin st — 25 erCent of the buildings — 1 of the 4 buildings were found to be "structurally substanrd" and 1 of remain u , t buildings were found to require "substantial renovation or clearance "when cot t &ring code de encies and other deficiencies of sufficient total significance to ,justify sub" e ti'al ren ©��� �o� �learan (see definition of "structurally substandard" and "substantial. P ovation or c an+�"e" as follows] ;Th S�meets the Condition of Buildings Test whereby at least 20%1) buildings, not ind ftg outbuildings, must be found "structurally substandard and 30% of the othex iildings requ�r ubs a F enovation or clearance ", to remove existing conditions, such as: inadequate street layout, into patibleyuses or land use relationships, overcrowding of buildings on the land, exc $sive dwelling un � ensrty, obsolete buildings not suitable for improvement or conversion, or other idenl hazards to the th, safely and general wellbeing of the community. Conclusio 9 Our surveying and of the properties within this proposed Renewal and Renovation District render results that* ou ofessional opinion qualify the district eligible under the statutory criteria and formulas for a Renewal and Renovation Tax Increment Financing District (State Statute 469.174 Subd. 10 and 10a). Springsted Page 16 Exhibit IV Assumptions Report City of Brooklyn Center, Minnesota Tax Increment Financing District (Renewal & Renovation) Brookdale Mall Redevelopment Project (Shingle Creek Crossing) TIF Plan Scenario - R &R District - $61.8M EMV - 3 year build -out Type of Tax Increment Financing District Renewal & Renovation Maximum Duration of TIF District 15 years from 1st increment Projected Certification Request Date 07/30/11 ry Decertification Date 12/31/28 increment) 2011/2012 Base Estimated Market Value $12,645,000 Original Net Tax Capacity 48,210 Assessrent/Collection Year 2011/2012 2012/264jO ' 2013/2014 2014/2015 2015/2016 Base Estimated Market Value $12,645,000 $12,645,00 $12,645,000 $12,645,000 $12,645,000 Increase in Estimated Market Value 0 789,361 `*, 319,311 43,454,585 49,158,660 Total Estimated Market Value 12 0 13A 3 4 38 9 11 56,099,585 61,803,660 Total Net Tax Capacity $248,2 fr $267,187 6777,786 $1,120,492 $1,234,573 City of Brooklyn Center ,- 52.412 52.412% Hennepin County 42.640% 42.640% School District 8.621% 51.173% ISD #286 Other N ,. - „�� w. 8.219% 8.219% Local Tax Cap, c�ky Rated u M.� 131.892% 154.444% 2009!2010 S ISD #281 ISD #286 Fiscal" Contribution From TIF District 35.5239% Administrate Retainage Percent (maximum = 1 10.00% Pooling Pe 10.00% Notes Projections assume no fu ch es10 tax rates or tax capacity classification rates or market values. Current base parcel value rn #orm ton as provided by Hennepin County. Development scope and build6 6 Ejmeline provided by Developer. 3 -year timeline. Projected future market value provided by the City. Springsted Page 17 r Akit V Projected Tax Increment Report City of Brooklyn Center, Minnesota Ae Tax Increment Financing District (Renewal & R " cation) Brookdale Mall Redevelopment Project (Shingle Ci 6 Crossing) TIF Plan Scenario - R &R District - $61.8M EMV 3 yekjM4ild -out By Taxing District U -, f o AW f Taxing District 2148 Ta 'District 2149 Less: Less: Retained Times: 2148 Less: Less:' Retained Times: 2149 Annual Total Original Fiscal Captured Tax Annual Original Fiscal Captured Tax Annual $ y,? Period Net Tax Net Tax Disp. @ Net Tax Capacity t, Gross Tax tet Tax Net Tax Disp. @ Net Tax Capacity Gross Tax Ending Capacity Capacity 35.5239% Capacity Rate a 1/rtsrementpcity Capacity 35.5239% Capacity Rate Increment (1) ( (3) ( (5) (6) (9) ( ( (12) ( 12/31/11 232,480 232,480 0 0 131.892% 15 73t- h 15,730 0 0 154.444% 0 12/31/12 232,480 232,480 0 0 131.892% Q 15 730 "`� 15,730 0 0 154.444% 0 12/31/13 251,457 232,480 6,741 12 131.892 %16,1, 1,5,730 15,730 0 0 154.444% 0 12/31/14 719,040 232,480 172,845 31 , 5 13.E 2% �i1: 1 58,746 15,730 15,281 27,735 154.444% 42,836 12/31/15 1,028,867 232,480 282,908 °'13,479 131'' % 67,37 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/16 1,142,948 232,480 323,434 87,034 131 % 74,51 91,625 15,730 26,961 48,934 154.444% 75,576 12131/17 1,142,948 232,480 323,434 X587,034 131' % 774291 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/18 1,142,948 232,480 323,434 ��,034 1 1' 7742$) .. 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/19 1,142,948 232,480 323,434 8 034 oo 4,251 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/20 1,142,948 232480 �r4 5870,3;1 131.892% 7`251 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/21 1,142,948 232,480 r 23, 4 587 034! ,� X 31.892% 774,251 91,625 15,730 26,961 48,934 154.444% 75,576 �''` o 0 12/31/22 1,142,948 23 ' 323,434 €17,034 3892/0 774,251 91,625 15,730 26,961 48,934 154.444/0 75,576 12/31/23 1,142,948 232,#4$0 323,434 507174 1 92 774,251 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/24 1,142,948 232480 323,434 5874 4- 0 774,251 91,625 15,730 26,961 48,934 154.444% 75,576 w ` s 12/31/25 1,142,948 232,486 y 323,434 587, (4, ­ ",,,` 131.892 774,251 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/26 1,142,948 232,480 323,434 587 034 131.892% 774,251 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/27 1,142,948 232,480 323,434 587 034 131.892 774,251 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/28 1,142,948 232,480 323,434 587,034„ 131.892% 774,251 91,625 15,730 26,961 48,934 154.444% 75,576 12/31/29 0 00 s0" 131.892% 0 0 0 0 0 154.444% 0 $11,172,404 $1,100,900 pringsted. Page 18 Exhibit V Projected Tax Increment Report City of Brooklyn Center, Minnesota Tax Increment Financing District (Renewal & et ion) Brookdale Mall Redevelopment Project (Shingl etc crossing) TIF Plan Scenario - R &R District - $61.8M E guild -out Less: Less: Retained a 1 ` Total Leis. Less: Annual Total Original Fiscal Captured v Annual State` Adm./Pooling Annual Period Net Tax Net Tax Disp. @ Net Tax - Gross Tax Deduct1 Retainage Net Ending Capacity Capacity 35.5239% Capacity Incrpm, 0.360% 20.00% Revenue (1) (14) (15) (16) (17) (19) (20) (21) 12/31/11 248,210 248,210 0 0 0 0 0 0 12/31/12 248,210 248,210 0 0, 0 0 0 0 12/31/13 267,187 248,210 6,741 X2,21!39 58 3,216 12,865 12/31/14 777,786 248,210 188,126 341 456;5° 1,644 90,991 363,966 12/31/15 1,120,492 248,210 " C�9 41 869 56 ,3 X813 2,710 150,021 600,082 12/31/16 1,234,573 248,210 , 350,3'5 635,9Gil, 827 3,059 169,354 677,414 12/31/17 1,234,573 248,2 350,395 635,96 849,827 3,059 169,354 677,414 <., 12/31/18 1,234,573 248;10 350,3 5 635,96 849,827 3,059 169,354 677,414 12/31/19 1,234,573 248,21t}s 35Q,5 635,968 �� 849,827 3,059 169,354 677,414 12/31/20 1,234,573 X 248,210 ' - "1 - 'V - '' 35M395 , 635; $ ,6 849,827 3,059 169,354 677,414 12/31/21 1,234,573 4 219 „ 395 635,968 849,827 3,059 169,354 677,414 �' .. . 12/31/22 1,23 ,5 i3" 248 1(?s 3661 635,968 849,827 3,059 169,354 677,414 12/31/23 1,23'4 S 248,210 50,3951 635,968 849,827 3,059 169,354 677,414 12/31/24 1,234,73: 248,2100,395` 635,968 849,827 3,059 169,354 677,414 12/31/25 1,234,5 - ' 248,210 ,395 635,968 849,827 3,059 169,354 677,414 12/31/26 1,234,573 248,210 350,395 635,968 849,827 3,059 169,354 677,414 12/31/27 1,234,573 248 X 635,968 849,827 3,059 169,354 677,414 12/31/28 1,234,573 248, `I ' , 350,395 635,968 849,827 3,059 169,354 677,414 12/31/29 0 0 0 0 0 0 0 $12,273,304 $44,179 $2,445,830 $9,783,295 rings t a d 1p Page 19 9 E *t VI Estimated Impact on Other Taxing Jurisdictions Report City of Brooklyn Center, Minnesota Tax Increment Financing District (Renewal & Reri4vation) Brookdale Mall Redevelopment Project (Shingle Cr6ek Crossing) TIF Plan Scenario - R&R District - $61.8M EMV - 3 year bW lf -out Without f Project or TIF District Al ith Pro ec�arl'4L TIF District Projected Hypothetical 2009/2010 2009 /2010 Retained New 1I -Vpothetical Hypothetical Tax Generated Taxable 2009/2010 Taxable Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Taxes Net Tax Local Local Captured Jurisdiction Capacity (1) Tax Rate cap acity (1) + Capatt)+a; = Capacity Tax Ra ( *) Tax Rate ( *) N.T.C. ( *) City of Brooklyn Center 17,960,128 52.412 11 $635 l 18,596,096 50.620% 1.792% 321,924 Hennepin County 1,439,645,193 42.640% 1,439 193 $635,968 ' 4 =;440,281,161 42.621% 0.019% 271,057 Ali ��,• ,, ISD #281 (Robbinsdale) 88,612,938 29 621% 88 612,938 $587,034 89,199,972 28.433% 0.188% 166,909 ISD #286 (Brooklyn Center) 5,691,835 51.173% 5 691 835�k $48,934 5,740,769 50.737% 0.436% 24,828 Other (2) — 8 219% $635,968 — 8.219% — — Totals ISD #281 131 ° r 129.892% 2.000% ISD .154.44% .,, 152.197% 2.247% * Statement 1: jfoffi rojected Retained Captured Net T Capacity of the TIF District was hypothetically available to each of the tang jurisdictions abovetlir result wouc be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which roduce the same art7uunt of taxes for each taxing jurisdiction. In such a case, the total local tax rate would de by 2.000% (seelypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Ca Net Tax CaAp�' y of the TIF District would generate is also shown above. Statement 2: Since the projected R6taine \raptured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is n mpacfbr l l xes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 6.23% of the total tax rate. pC ngsted Page 20 Exhibit Vll Market Value Analysis Report City of Brooklyn Center, Minnesota Tax Increment Financing District (Renewal & Renovation) Brookdale Mall Redevelopment Project (Shingle Creek Crossing) TIF Plan Scenario - R &R District - $61.8M EMV 3 yea ild -out Assumptions Present Value Date z/30/11 P.V. Rate - Gross T.I. 0 °/a Increase in EMV With TIF District $49,158,6 Less: P.V of Gross Tax Increment 7,533,433 W� Subtotal �:� Y $41,625,227 Less: Increase in EMV Without TIF 0 r �. Difference $41,625,227 ual Present II Value @ Year increment 5.00% 1 2013 16,139 14,518 2 2014 456,601 391,182 3 5 015 752,813 614,242 4 ` 2646" 849,827 660,380 5 2017 ' 849,827 628,933 d .. 6 2018 849,827 598,984 7 2019 849,827 570,461 8 2020 849,827 543,296 9 2021 849,827 517,425 `p 2022 849,827 492,785 2023 849,827 469,319 �2 2024 849,827 446,971 ,.. 13 2025 849,827 425,687 -'' 14 2026 849,827 405,416 15 2027 849,827 386,110 16 2028 849,827 367,724 $12,273,304 $7,533,433 S r i n set Page 21 0 Exhib& Shingle Creek Crossing TIF District Projected TIF District Cash Flow and Bond Repayment 3 REVENUE u,Ta.� E i g;,,,, Annual Calendar Projected Tax Admin Exp Pooled Exp Pro ected Net Debt Service GO TIF Bonds Projected Interfund Loan payments Reimb Other Surplus/ Year Ending Increment TI 10% TI 10% TI Princi al Interest Iota( P &I Pririci ` al Interest Total P &I Indistrict Ex (Deficit) 1 2 3 4) 5 `6 (7p„ S (9) (10) 11 12 12/31/2011 - - - - 12131/2012 12/31/2013 16,081 1,608 1,608 - - 12,865 - 12/31/2014 454,957 45,496 45,496 135,000 ✓'126,194 261,194,, 560,00, 56,000' 46,772 - 12/31/2015 750,103 75,010 75,010 135,000 122,064 200,000 200,000 142,129 - 12/31/2016 846,768 84,677 84,677 140,000 119,174 259174 15,778 184,222 200,000' 218,241 - 12/3112017 846,768 84,677 84,677 145,000 114,484` 259 .> 121,837 78;163 200,000 217,931 - 12/31/2018 846,768 84,677 84,677 150,000 109;264 2$9;264 126,760 73;240,. 200,000' 218,151 - 12/31/2019 846,768 84,677 84,677 • 155,000, 103,264 258;264 131,881 68,119, 200A0 219,151 - 12/31/2020 846,768 84,677 84,677 165,000 96,676 261;676 137,209 62;791 200,000 215,738 - 12131/2021 846,768 84,677 84,677 170,000 89,251 ! 259,Z5i 142,752 57;248 200,000 218,163 - 12/31/2022 846,768 84,677 84,677 180,000 81,176' 261,176 148519 __ 51,481 200,000; - -- 216,238_ - 12/31/2023 846,768 84,677 84,677 190,000 72,176 2620176 154,519 45,481 200,000 215,238 - 12/31/2024 846,768 84,677 84677. 195,000 62,201 257,201 160,762 39,238 200,000 220,213 - 12/31/2025 846,768 84,677 84;67 210,000 51,720 261,720' 167,257 32 200 000 215,694 - 12/31/2026 646,768 84,677 84,67 220,000 40,170 360;170 224,614 25,486 250,000 57,477 109,787 12131/2027 846,768 84,677 846 230,000 27,795 257795 233,584 16,416 " 250,000 169,619 12/31/2028 846,768 84,677 84,67 245,000 14,455 259;455 234,629 6,979 241,608 ` 176,352 12,229,125 1,222,913 1,222,913 2,865,000 1;230,954 3,895;954 2,000,000 997,008 2;997,606' 2,434,000 455,738 (2) Projected Tax Increment revenue is net of Stato%;41id,itor deduction Of 0.36% (3) Administrative Expenditure is 10% of annual revend64h column (2) (4) Pooled Expenditure is 10% of annual revenue in colum/32) (5) Projected GO Bonds issued,for $2665,000 to produce $2 3 M for site improvemendprep costs, balance includes capitalized interest, underwriter discount and costs of issuance (6) Net debt service does not incld3i 6,interest paid with bon4 (t7 eeds (capitalized) (7) Total net debt service adds (5) & (6) (8), (9), (10) - Anticipated repayment to Citylquthority fde t&fY nd loan of $2,000, 000 for land acquisition /site improvement1prep costs, assumed interest rate is 4% (11) The TIF Plan authorizes $2.434M of adddlonel tidistrict expenditures. (12) The annual surp/us/(dericit) subtracts totals ih q #lijinns (3), (4), (7), (10) and (11) from the TI Revenue in column (2) If expenditures In col. (4) & (11) do not occur & revenue/debt occur as projected, the district could close in year underlined (2022), 6 years prior to statutory decertification The available funds In the district would be able to prepay both the GO TIF Bonds and Interfund Loan Repayments spr[ngsted Page 22 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 JANUARY 24, 2011 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 8:25 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers /Commissioners Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. STERLING SQUARE RENTAL LICENSE REVOCATION UPDATE City Manager Curt Boganey introduced the item, discussed the history, and requested Council • direction. Mayor/President Willson stated the property owner of Sterling Square had been adamant about revocation reconsideration; however, there is nothing in staff's report that would incline him to reconsider revocation at this point. Councilmember /Commissioner Ryan stated he had found a full one -year revocation to be excessive in this case and would support reconsideration of the revocation. He suggested revocation guidelines be established based on the term taxes and utilities remain in delinquency to assure consistency and avoid arbitrary action. The majority consensus of the City Council was to not reconsider revocation of the Sterling Square Apartments rental license JOINT MEETING WITH COMMISSIONS Following discussion, the consensus of the City Council was to direct staff to schedule a joint meeting with Commissions on April 6, 2011, 6-8 p.m., and t o follow the same agenda format. SHINGLE CREEK CROSSING • 01/24/11 -1- DRAFT • Mr. Boganey introduced the item, discussed the history, and explained the three considerations before the Council related to Shingle Creek Crossing to receive a project update by Mr. Gatlin, an overview on the potential for financial assistance by Ms. Wolfe, and update by staff regarding its negotiation with the developer. Staff would then request Council provide comment and direction. Frank Gatlin, Gatlin Development, thanked the Council for the opportunity to present their plans and for the great work of City staff. He described his work on this project for the past two years to acquire the property and reach agreement with Walmart to provide the "bones and structure" for a great redevelopment. Mr. Gatlin reviewed his development experience, past projects, and described his vision for Shingle Creek Crossing to be a great success, stating it will be his "crown jewel." Mr. Gatlin displayed exterior site elevations, noting the site has great location with visibility from all directions. He reviewed his investigation to uncover every possible problem that could come forward with this project and intent to make Shingle Creek a focal point and desirable pedestrian- friendly area with restaurants alongside. Mr. Gatlin then addressed financing, noting this is the first time in 15 years he has requested assistance, which he does not like to do, and has worked with staff to develop the minimum request that will work. It was clarified that Walmart is not requesting any assistance. He advised that Gatlin Development is one of the most successful developers in the country and never failed in a development. However, he will have difficulty attracting desired tenants until the project moves forward and Brookdale Mall is demolished. Mr. Gatlin stated construction will start as soon as possible, once approved, noting this will be the first project out of ground in the last three years. He assured the Council this will be a beautiful development, one the City can be proud of, and a catalyst for rebranding the City and spurring on development of neighboring parcels. Jenny Wolfe, Senior Project Manager with Springsted Incorporated, the City's financial consultant, presented the Shingle Creek Crossing financing gap analysis that was conducted in reaction to a request for $10 million in TIF assistance. It was noted the project's cost was over $100,million and the developer would cover $51 million. Ms. Wolfe presented the projected rate of return and conclusion the proposed project would need some level of public assistance to proceed given the speculative nature of the retail and marginal return without assistance. The proposed TIF district supports $7 million of assistance, resulting in a return of 11.95 %, which exceeds 11.5% as a reasonable minimum return. Mr. Boganey noted the projections are based on assumptions that everything will fall into place within three years; however, that rarely occurs. The assistance is intended to share some of the risk that everything may not be built out as planned in three years or to the level assumed and anticipated. It will be used to share some upfront costs for items (daylighting of Shingle Creek, landscape, streetscape, creating a Town Square concept, etc.) the City wants to assure are completed at the beginning of the project, not later when the project starts to make revenue. Director of Business and Development Gary Eitel presented the three components making up the framework for a financial assistance package as follows: 1. EDA provides $3.3 million for public purpose costs to ensure the timely redevelopment of the site and completion of the 01/24/11 -2- DRAFT features prioritized by the EDA; 2. A collateralized $1 million forgivable loan having a term of five years with an interest rate of 6% (City's CIP assessment rate). The loan amount will be available upon the execution of the Tax Increment Development Agreement which will limit the use of these funds to eligible public purpose costs and acquisitions, exclusive of Walmart related costs; and, 3. The EDA's lot will be included in the development of Shingle Creek Crossing PUD using the formula detailed in staff's report. Mr. Eitel listed the benefits the City would receive for an investment of $4.5 million that would create new development energy as far as the 57 and Logan EDA site. He explained the details of this framework will be negotiated in a development agreement through the City Attorney and conclude with the creation of a new TIF district and implementation. Mayor/President Willson stated that he is not shy about using TIF but believed the City needed to be prudent to assure increment is available to pay back TIF. He welcomed the opportunity to work with Mr. Gatlin to bring this project into Brooklyn Center. Mayor/President Willson stated he supports proceeding with the framework as outlined by Mr. Eitel and getting into the detail of the development agreement. Mr. Boganey stated if the Council reaches consensus regarding the general framework, staff will develop a specific development agreement that the Council/EDA will consider at a future meeting. Councilmember /Commissioner Roche noted that Brookdale Mall is the second oldest enclosed mall in the country. He stated that Walmart is going under a radical rebranding effort, as is Brooklyn Center and Shingle Creek Crossing will help in that effort. He indicated he supported the terms of the framework and raised several design elements he would like considered including the daylighting of Shingle Creek and iconic building lighting to attract customers. He also suggested that the 12 stall parking area by Sears be reconfigured. Mr. Gatlin assured the Council they will work diligently with City staff to create the best design possible during the permitting, planning, and approval process that gives the Council the assurances they are looking. He asked the Council to keep in mind that Walmart is only 20% of this development so there will be many new shops. Mr. Gatlin stated he owns the Macy's building and described the potential ownership arrangements with the other buildings that would allow flexibility to attract desirable tenants. He presented an option that will be considered to use the building adjacent to Sears to create an interior climate - controlled corridor, a mall component. Councilmember /Commissioner Lasman asked staff to consider measurable performance benchmarks for TIF. Mr. Boganey stated those details will be spelled out in the assistance agreement. He noted the Council has a lot of influence through the PUD process to address details to be included. Councilmember /Commissioner Lasman stated it sounds like Mr. Gatlin is anxious to get started and she would like to see a standards and timeline that identifies dates when things will happen. O 01/24/11 -3- DRAFT Mr. Gatlin gave credit to City staff for developing this TIF concept and $1 million incentivized forgivable loan. He indicated he supports this plan, which is less than one -half the $10 million he had requested for this $100 million project. Mr. Gatlin estimated that Shingle Creek Crossing will result in producing millions more dollars for the City and this plan gives him incentive to complete the project quickly to meet the thresholds in Phase 1 to receive assistance. Councilmember /Commissioner Ryan stated he appreciates hearing that Walmart will "carry its own freight" because otherwise the community would question giving assistance to the richest company in the world. He stated he appreciates how challenging the market is today and supports the framework that will provide needed capital up front. Councilmember /Commissioner Ryan stated he looks forward to the process moving forward and appreciates the comments from a third party to evaluate the financials. Mr. Gatlin commented on the effort of Walmart to change its image and advised of its generosity in making donations to the community. He stated he is appreciative of the Council's support and will perform if the project is approved. Mr. Gatlin commented on the perfect timing for this project since they intend to open the first store in 2012, the 50'' year anniversary of the Brookdale Mall opening. He stated they plan to schedule a ground breaking in May complete with a wrecking ball and big ceremony. He commented on the generosity of Walmart to become involved in the community and stated they will be looking for places to make donations. i Councilmember /Commissioner Lasman suggested they consider the Centennial Park bandshell that the Centennial Committee is working to erect. Councilmember /Commissioner Kleven indicated she is excited about this project and appreciates the work of staff and Mr. Gatlin. The consensus of the City Council was to move forward with the framework as presented. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 9:45 p.m. Motion passed unanimously. i 01/24/11 -4- DRAFT City of Brooklyn Center A Millennium Community February 1, 2011 Gatlin Development Company Attn: Frank Gatlin 101 S. Main Street Dickson, TN 37055 Re: Gatlin Development Company, Inc. Shingle Creek Crossing ( "SCC") Redevelopment Public Assistance Request The purpose of this letter is to confirm the understanding reached during our meeting on January 20, 2011. Subject to a public hearing and as otherwise permitted by law, EDA Staff will negotiate with Gatlin for a development agreement with the EDA, the terms of which will be generally consistent with the following: 1. $3 Million of "Up Front" Tax Increment Financiin. Subject to the City's ability to sell taxable tax increment revenue bonds in a principal amount equal to approximately p $2,500,000, the EDA will provide "upfront" TIF to reimburse Gatlin Development Company, for Inc. or a new entity to be created by Gatlin purpo ses of this Development (the "Developer ") for $3.3 million of costs Gatlin actually incurs to pay for TIF eligible expenses to be mutually agreed upon by the EDA and the Developer as necessary to reasonably ensure that the sum of the eligible expenses will total $3.3 million. The EDA will agree to disburse the funds to Developer upon the Developer's providing the EDA with satisfactory evidence that the reimbursable work has been completed and the Developer has completed (i) the day - lighting of Shingle Creek; (ii) street construction/landscaping within the project to achieve a "Town Center" look,, consistent with the proposed SCC site plan; (iii) design and construction of the storm water detention and/or retention areas, consistent with the proposed SCC site plan; and (iv) "reskinning" the exterior of the remaining portions of the existing mall. The EDA will provide this TIF fmancing without requiring an assessment agreement or increment guaranty from Walmart Parcel. Developer will provide a letter of credit from a bank acceptable to the EDA, in the amount of $2,500,000 (or such amount as is necessary to pay principal and maximum annual interest on the bonds), to assure payment of bonus issued by the EDA for the project. 2. No Public Subsidy to Benefit Walma Notwithstanding anything to the contrary stated herein, the EDA shall not support any portion whatsoever of the public subsidy contemplated herein being contributed to Walmart with respect to any costs Walmart may incur in connection with its participation in the SCC Redevelopment. Therefore, the Development Agreement will strictly prohibit the Developer from using any portion of the TIF proceeds for costs associated with the development of the Walmart parcel or to otherwise subsidize the Walmart development. 3. FoEgLyable City Loan The EDA will lend the Developer $1,000,000. The EDA will disburse the loan proceeds to the Developer contemporaneously with the Developer's 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityof brooklyncenter. org closing on the acquisition of the Capmark Parcel. The Development Agreement will strictly • prohibit the Developer from using any portion of the loan proceeds for costs associated with the development of the Walmart parcel or to otherwise subsidize the Walmart development. The loan will bear interest at the rate of 6% per annum and will mature five years from the date the EDA disburses the loan proceeds to the Developer ( "Maturity Date "). There will be no principal or interest payments due prior to the Maturity Date. All principal and accrued interest will be due and payable in full on the Maturity Date; provided, however, on the Maturity Date, the EDA will forgive amounts due under the terms of the promissory note as follows: (a) The Developer and the EDA will define, in the Development Agreement, the minimum square foot area of the improvements the Developer will construct within the Project — which the EDA and the Developer agree shall not include any structures existing as of the date of the Capmark Parcel closing that ultimately remain as part of the SCC Redevelopment. (b) If the Developer has completed and secured a certificate of occupancy for all of the agreed upon improvements on or before the Maturity Date, the EDA will forgive all principal and interest due. (c) If the Developer has not completed and secured a certificate of occupancy for all of the agreed upon construction on or before the Maturity Date, the Developer must pay to the EDA, on the Maturity Date, that portion of the principal (plus accrued interest thereon) that is proportional to the square foot area of the agreed upon improvement for which the Developer has not completed and secured a certificate of occupancy before the Maturity Date. For example, if the Developer and the EDA agree that the Developer is to construct 350,000 square feet of improvements on or before the Maturity Date, and the Developer has completed and secured a certificate of occupancy for 315,000 square feet of improvements as of the Maturity Date and has not completed and secured a certificate of occupancy of 35,000 square feet (10 %), the EDA would only forgive 90% of the principal and interest due on the EDA loan. The Developer will grant the EDA a mortgage on the development property, exclusive of the Walmart site, to secure its obligation to repay the loan. The EDA will agree in the Development Agreement and the mortgage that the EDA's mortgage is subordinate to any mortgages or liens on the Development property that the Developer has previously granted or thereafter grants to secure the repayment of loans, the proceeds of which the Developer uses to finance hard or soft costs associated with the development of the Project or to secure the performance of the Developer's obligations to Wahnart with respect to the performance of the Developer's obligations relating to the development of the Walmart site. 4. Conveyance of the EDA Parcel The Development Agreement will provide that Parcel to the Developer for an agreed purchase rice to be determined the EDA will sell the EDA Parc pe gr p p based on the appraisal of the EDA Parcel. Prior to execution of the Development Agreement, . Gatlin will secure an appraisal of the EDA Parcel at Gatlin's expense from an appraiser jointly selected by the EDA and Gatlin. The appraiser's analysis shall be based on an "as is" sale and a closing within 90 days of the date of the appraisal. The EDA will provide seller financing. The closing will occur after the Developer's acquisition of the Capmark property and the City and the • EDA have approved a specific commercial use and site development plan for the EDA site. The Developer will execute a note in favor of the EDA for the amount of the purchase price. The Developer will grant the EDA a mortgage on the EDA Parcel to secure its obligation to repay the note. The note will bear interest at the rate of 6% per annum and will mature on the date five years from the closing date. The EDA will forgive the principal and interest due under the note, cancel the note and release the mortgage if, on or before the maturity date, if the property currently occupied by Midas Muffler is developed in accordance with a development plan approved by the City and the EDA as a part of the planned unit development for the project, and a certificate of occupancy has been issued for the development. After you have had the opportunity to review this letter, please call me to discuss any questions, comments or concerns you may have. Cornelius og City Manager cc: Jennifer Wolfe, Springsted Incorporated Chad Williard, Gatlin Development Company ( cwilliard (d,gatlindc.com) Gary Eitel, Business and Development City Council City Council Agenda Item No. 6g • • COUNCIL ITEM MEMORANDUM • DATE: February 9, 2011 TO: Curt Bo ane City Manager g Y� tY g FROM: Kelli Wick, Human Resources Director SUBJECT: Labor Agreement Public Works Maintenance Employees 2011 -2012 Recommendation: It is recommended that the City Council consider adoption of the resolution approving the contract between the City of Brooklyn Center and Local 49 International Union of Operating Engineers for the period January 1, 2011— December 31, 2012. Background: The current contract with the subject union expired on December 31, 2010. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. This labor agreement covers all public works maintenance employees for a total of 24 employees. The attached agreement has been approved by a vote of the member and upon adoption by the City Council will establish wages and working conditions for the next year. • The Articles affected by these negotiations include the following: Article 25 — Insurance Increase the insurance contribution by. $32 to $890. Also, provide an incentive of $80 for those employees participating in a high deductible health plan. Re- opener to discuss 2012 insurance contributions. Article 28 — Wage Schedule Zero (0 %) percent increase for 2011. Existing scheduled pay steps will be processed accordingly. Market adjustment of $32/hour on January 1, 2011 for Mechanics (three employees). Increase in the Maintenance III rate of $36/hour on January 1, 2011 making it equal to the mechanic rate. Two (2 %) percent increase January 1, 2012 Article 32 — Duration Two year labor agreement January 1, 2011— December 31, 2012. i .'Mission: Ensuring an attractive. clean, safe carnmuni {y that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: In 2011 the cost of the market adjustment for mechanics and increase to the Maintenance III rate • is approximately $3,500. The estimated cost of step movements is $2,817. The increase in the City's insurance contribution equals $20,736 if all employees elect a high deductible health plan. The adopted 2011 budget appropriates sufficient funds to cover this expense. The 2012 adopted budget will need to accommodate the proposed increases. Estimated cost of the wage increase is $27,570. The insurance contribution will be negotiated in 2012. Council Goals: 1. We will provide streamlined, cost effective, quality services with limited resources e ttission: Ensuring an attractive. clean, safe communi(v that enhances the duality af'life and preserves the public mist Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2011 AND 2012 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with Local 49 (Public Works Maintenance) for a contract for the years 2011 and 2012 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with Local 49 (Public Works Maintenance) for the calendar years 2011 and 2012. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 2011. • February 14, 2011 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. January 10, 2011 Kent Korman, Business Representative I JOE Local 49 2829 Anthony Lane South Minneapolis, MN 55418 -3285 Dear Kent: Listed below are the changes we've discussed for the tentative labor agreement for 2011. ARTICLE 25 - Insurance 25.1 2011 Full-time employees Effective 1/1/11, the City will contribute payment of eight hundred ninety dollars ($890) per month per employee for use in participating in the City's insurance benefits. For 2011 employees electing to participate in a high deductible health plan will receive an incentive of $80 per month. 25.2 2012 Full-time employees Reopener to discuss 2012 insurance contributions. ARTICLE 28 - Wage Schedule - Effective January 1, 2011 Zero (0 %) percent increase for 2011 Two (2 %) percent increase January 1, 2012 Market adjustment of $32/hour on January 1, 2011 for Mechanics (new rate of $24.82) Increase the Maintenance III rate on January 1, 2011 to be the same rate as Mechanic ($24.82) ARTICLE 34 — Post Employment Health Care Savings Plan (PEHCSP) If the membership wishes to retain the Article 34 — Post Employment Health Care Savings Plan, the language in Section 9 will need to be modified so that the elections are the same and mandatory for all participants. Also, a Plan Amendment will need to be completed with ICMA. ARTICLE 35 — Duration Two year agreement January 1, 2010 — December 31, 2012. ! Please let me know if you have any questions. Sincerely, Kelli Wick Human Resources Director Cc: Curt Boganey, City Manager Steve Lillehaug, Public Works Director /City Engineer • IUOE 49 2011 Negotiations 12/13/2010 Actual Proposed City 2010 Increase 2011 Increase Union Brooklyn Center 0% 0% IUOE 49 Crystal 0% 0% IUOE 49 Fridley 0% 0% non -union Golden Valley 0% 0% non -union Maplewood 3% - 2nd yr of 2 yr agrm 0% AFSCME New Hope 0% 1% IUOE 49 Richfield 0% 2% IUOE 49 Roseville 1% on 12/31/2010 ? WOE 49 Shoreview 1% on 1/1/2010 top wage 1% on 1/1/2011 top wage non -union White Bear Lake 0% 0% IUOE 49 • • Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 • January 1, 2011- December 31, 2012 i TABLE OF CONTENTS ARTICLE PAGE • 1 Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Savings Clause 2 5 Union Security 2 6 Employer Security 2 7 Employer Authority 2 8 Seniority 3 9 Discipline 3 10 Employee Rights - Grievance Procedure 3 11 Job Posting 6 12 Probationary Periods 6 13 Right of Subcontract 6 14 Safety 6 15 Work Schedules 6 16 Relief and Meal Periods 7 17 Special Clothing 7 18 Overtime Pay 7 19 Call Back 8 20 Standby Pay 8 21 Holiday Leave 8 22 Vacation Leave 9 23 Sick Leave 9 24 Severance Pay 10 25 Insurance 10 26 Seasonal/Temporary Employees 11 27 Part-time Employee Benefits 11 28 Wage Schedule 11 29 Working Out of Classification Pay 11 30 Legal Defense 12 31 Waiver 12 32 Injury on Duty 13 33 Local 49 Central Pension Fund 13 34 Post Employment Health Care Savings Plan (PEHCSP) 14 35 Duration 15 ARTICLE 1- Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a. Establish certain hours, wages and other conditions of employment; b. Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; C. Specify the full and complete understanding of the parties; and d. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 - Recognition The Employer recognizes the Union as the exclusive representative for all Employees in the job classifications listed below who are public Employees within the meaning of Minnesota Statute 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees:. Mechanic, Maintenance I, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3 - Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the Intemational Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 - Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the Employer for other benefits under this Agreement. 3.7 Severance Pay: Payment made to an Employee upon honorable termination of employment. 1 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 4 - Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5 - Union Security In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6 - Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 7 - Employer Authority 7.1 The Employer retains the full and unrestricted right to operate and manage all workforce, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology, to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 2 I • 7.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 8 - Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job - relevant qualification factors are equal. 8.2 In the event of a lay -off the Employer will lay -off on the basis of seniority across all three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. 8.3 Recall rights under this provision will continue for twenty -four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. Recall rights will be based on seniority across the three divisions within the public works department for employees that are represented by I.U.O.E. Local 49. ARTICLE 9 - Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the • Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 - Employee Rights- Grievance Procedure 10.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 10.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 10.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal 3 working hours provided the Employee and the Union Representative have notified and • received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 10.4 Procedure Grievances, as defined by Section 10. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's Step 2 answer in writing within ten . (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer - designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer- designated Step 3 representative. The Employer- designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an 4 arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 10.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual Agreement of the Employer and the Union. 10.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized- -Step 5 5 of Section 10.4 or another appeal procedure- -and shall sign a statement to the effect that . the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11- Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 - Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary period. • 12.2 All Employees will serve a twelve (12) months' probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous position at the sole discretion of the Employer. ARTICLE 13 - Right of Subcontract Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered by this Agreement. ARTICLE 14 - Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 - Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee shall be eight (8) hours. The normal workweek shall be forty (40) hours Monday through Friday. 6 . 15.2 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00 - 3:30 day. The Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 15.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 16 - Relief And Meal Periods 16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each Employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. 16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift. ARTICLE 17 — Special Clothing g The Employer will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer up to 11 pants and 11 short and long - sleeved shirts per week. ARTICLE 18 - Overtime Pay 18.1 Hours worked in excess of eight (8) hours within a twenty -four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one -half (1 -1/2) times the Employee's regular base pay rate. For the purposes of this section, "hours worked" shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered as unpaid overtime worked. 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 18.5 Employees will be paid in accord with Article 21 for work on holidays. 7 18.6 As an option to monetary compensation for overtime, an Employee may elect • compensatory time off at a rate of one and one -half (1 %2) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. Maximum compensatory time accumulated shall not exceed forty (40) hours at anytime. However, if an employee uses some hours they will be allowed to accrue back to the 40 hour maximum. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. 18.7 Employees leaving the service of the Employer shall be compensated for all comp time hours accrued as of the date of separation. ARTICLE 19 - Call Back An Employee called in for work at a time other than the Employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the Employee's base pay rate. ARTICLE 20 - Standby Pay Public Utility Employees who are designated by their supervisor to serve in a "standby" status on behalf of the City on a weekend will receive as compensation for such service five and one half (5 1/2) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a "standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay shall be in addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 21- Holiday Leave Holidays Defined. Holiday leave shall be granted for the following holidays: New Year's Day, January 1; Martin Luther King, Jr. Day, third Monday in January, Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May, Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November, Post - Thanksgiving Day, Friday after fourth Thursday in November, Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Employee's supervisor. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees' absence from work on the day following or the day • preceding such a three -day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 8 • Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one -half for the hours worked in addition to the base pay rate, except that such employees who are required to be on duty on New Year's Day, Thanksgiving Day, or Christmas Day, shall be paid twice the employee's regular pay for the hours worked in addition to the base pay rate. ARTICLE 22 - Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full -time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11 th year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. • 22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 22.3 Accrual. An Employee may accumulate no more than a maximum of 230 hours of vacation leave that can be carried over from year to year. 22.4 Termination Provisions. Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23 - Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full -time service or major fraction thereof. 23.2 Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, or legal quarantine of the Employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the Employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers -in -law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the Employee. 9 23.3 Accrual. Sick leave shall accrue at the rate of eight hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due Employees during sick leave. 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. 3. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. ARTICLE 24 - Severance Pay • Severance pay in the amount of one -third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized Post Employment Health Care Savings Plan (PEHSCP) if a plan is established. In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized PEHSCP (if a plan is established). If discharged for cause, severance pay shall not be allowed. ARTICLE 25 - Insurance 25.1 2011 Full-time employees Effective 1 /l /11, the City will contribute payment of eight hundred ninety dollars ($890) per month per employee for use in participating in the City's insurance benefits. For 2011 employees electing to participate in a high deductible health plan will receive an incentive of $80 per month. 25.2 2012 Full-time employees • Reopener to discuss 2012 insurance contribution. 10 • 25.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use in in the participating City's insurance benefits. ARTICLE 26 - Seasonal/Temporary Employees Employees employed by the Employer on a seasonal/temporary basis for no more than 180 calendar days per calendar year either in a full -time or part-time capacity (more than 14 hours per week) will be compensated as determined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27 - Part -Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. ARTICLE 28 - Wage Schedule — Effective January 1, 2011 Maintenance III $24.82 Maintenance 11 $23.54 Step 3 $21.90 Step 2 $20.31 Step 1 $18.70 • Start $17.10 Mechanic $24.82 Night Service Person $23.54 Effective January 1, 2012 (2% increase) Maintenance III $25.32 Maintenance 11 $24.01 Step 3 $22.34 Step 2 $20.72 Step 1 $19.07 Start $17.44 Mechanic $25.32 Night Service Person $24.01 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. Night Service Person: A night service person who is assigned in writing b the supervisor to do tS � g Y P g � P mechanics work will receive mechanics hourly rate of pay for time working such assignment. ARTICLE 29 - Working Out of Classification Pay Employees required by the Employer and who are adjudged by the Employer to be qualified to 11 operate the following items of equipment will be paid the Maintenance III rate of pay for those • hours assigned to the unit: Equipment Requiring Class " A " CDL Motor Grader Aerial Bucket Sewer Jet Truck- Mounted Vactor Caterpillar #950B Front -End Loader Backhoes Caterpillar Front -End Loader Model 928 Crawler Dozer Street Sweeper/Pick -up or Vac Type Oil Distributor Welding Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance H rate of pay for those hours assigned to the unit: Blacktop Paver Bombardier or MT Trackless Sidewalk Truck (20' reach and over) and Trail Units Or similar Boom Type Units Sewer Rodding machine Brush Chipper Tandem Axle Trucks Mower over 10' cutting width Tree Spade Paint Striper - Truck Mounted Farm Type Tractors Trucks - Single - Axle Over 26,000 GVW Skid Steer Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job S classification to which the Employee is assigned. ARTICLE 30 - Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non - observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee's employment, when such act is performed in good faith and under direct order of the Employee's supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such Employee in defending against such charge. ARTICLE 31- Waiver 31.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals • with respect to any terms or condition of employment not removed by law from 12 . bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 32 — Injury on Duty Employees injured while performing the official duties of their employment with the Employer and who are thereby rendered unable to work and are eligible for Workers' Compensation shall receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken from the Employee's own accrued sick leave. While out on injury on duty, all monies received from Workers' Compensation shall be turned over to the City of Brooklyn Center. ARTICLE 33 — Local 49 Central Pension Fund The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre -tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective. January 1, 2006, a pension contribution of ninety -six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to all compensated hours. (Cap has been raised to $5,000 per year.) The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union agrees to indemnify and hold the Employer, its Officers, Agents, and employees harmless against any claims, suits, orders or judgments, brought against the Employer as a result of any action taken or not taken by the Employer on the specific provisions of this Article. This "hold harmless" clause does not hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall first restore the amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount of overtime worked. 13 The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the • governing documents. ARTICLE 34 — Post Employment Health Care Savings Plan (PEHCSP) The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost of medical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. 1. Participation Eligibility Regular full -time benefit earning employees may have contributions made on their behalf into the PEHCSP. Participants must be 21 years of age or older. Unless noted otherwise in this oli the minimum period o service participate re uired to in the plan is 60 P cy� P .f 4 P days. Every eligible employee in an employee group is required to participate in the PEHSCP for their group as outlined in this applicable labor agreement. 2. PEHCSP Contributions When appropriate, each employee will have an account established in his or her name. Unless specifically noted otherwise, contributions (and earnings) to an employee's PEHCSP account are not taxable income. 3. Accessing Funds a. Employees may access the funds in their PEHCSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b. Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a tax -free basis for eligible health - related expenses. • Upon termination of employment. • If employee is collecting a disability. • If employee is on a medical leave (six months or longer) • If employee is on a leave of absence (one year or longer). • If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their PEHCSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IRA. C. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the PEHCSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 14 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: 1. Insurance premiums (health insurance premiums, Medicare supplemental insurance premiums, Medicare Part B insurance premiums, COBRA and Chapter 488 insurance premiums, long term care insurance premiums (not long term care expenses), and dental insurance premiums. 2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). A third -party claims administrator will handle claims administration. 5. No Opt -out Employees and retirees in groups covered by the PEHCSP program are not permitted to opt -out of the program. Participation is mandatory. 6. Program Administration Along with the Human Resources Division, the company selected will administer the PEHCSP program. The employee controls how the money is invested similar to the section 457 deferred compensation plan. The employee receives an account statement from the company for his or her PEHCSP account. 7. Administrative Fees Please contact the vendor selected for current administrative and mutual fund fees. 8. Plan Modifications The details of the Vendor's administration of the PEHCSP as well as other features of the plan are set forth in the PEHCSP materials as provided. These details and IRS regulations regarding the PEHCSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. The City reserves the right to modify its policy to comply with any other regulations regarding the plan and to add contribution requirements. 9. Contribution Formulas 1. No contribution formulas currently. 2. Severance Pay. No severance contributions currently elected. ARTICLE 35 - Duration This Agreement shall be effective as of January 1, 2011, and shall remain in full force and effect until the 31 st day of December 2012. 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 2011. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, I Business Manager Business Representative I Union Steward Union Steward FOR THE CITY OF BROOKLYN CENTER Mayor City Manager I 16 City Council Agenda Item No. 6h • • COUNCIL ITEM MEMORANDUM • DATE: February 17, 2010 TO: City Council FROM: Curt Boganey, City Mana^ SUBJECT: Hennepin County Housing and Redevelopment Authority 2011 Notice Recommendation: It is recommended that the City Council consider receiving the notice from Hennepin County HRA or identify programs that the City would not like to see operated in the City of Brooklyn Center by Hennepin County. Background: Hennepin County through its HRA and EDA operate several programs in suburban communities including Brooklyn Center. Generally speaking these programs provide financial assistance to home owners to acquire or improve their homes. In addition the County offers assistance to Cities for Transit Oriented Development and financing for manufacturing and production businesses. The programs are listed in the attached notice. Each City has the right to opt out of any the listed programs. If the Council desires to opt out it must act within 45 days of the notice. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods i Mission: Ensuring an attractive, clean, safe conrmunitE that enhances the quality r f life and preserves the public trust HRA • HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY 417 North Fifth Street, Suite 320, Minneapolis, Minnesota 55401 612 - 348 -9260 January 27, 2011 Mr. Tim Willson Mayor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Dear Mayor Willson: Minnesota Statutes Section 383B.77, which authorized the creation of the Hennepin County Housing and Redevelopment Authority ( HCHRA), requires the HCHRA to annually notify suburban HRAs and EDAs of the activities the HCHRA intends to operate within their communities. The HCHRA is administering several suburban Hennepin County programs in the year 2011. Communities may exercise their option to not have the HCHRA administer one or more of the activities within their community by notifying the HCHRA to that effect, within 45 days of the date of this notice. The HCHRA is administering the following programs: • Minnesota Cities Participation Program, First -Time Homebuyer Mortgages — provides below - market interest rate home mortgage loans for low and moderate - income first -time homebuyers —Valerie Hutchinson (612 - 348 - 4969). • Minnesota Housing Rehabilitation Loan Program — assists low- income homeowners in financing basic home improvements that directly affect the safety, habitability, energy efficiency or accessibility of their homes — Jim Graham (612- 348 - 2235). • Minnesota Housing Emergency and Accessibility Loan Program — assists low- income, single family homeowners in addressing emergency conditions in the home or essential accessibility needs for a disabled resident — Jim Graham (612- 348 - 2235). BOARD OF COMMISSIONERS Mike Opat Mark Stenglein Gail Dorfman Peter McLaughlin Randy Johnson Jan Callison Jeff Johnson Mayor Willson January 27, 2011 Page 2 • Minnesota Housing Community Revitalization Fund Program — assists in the construction of accessibility ramps and/or low -riser steps for low- moderate - income .homeowner — Carol Stinar (612- 348 - 2670). • Affordable Housing Incentive Fund Program (AHIF) — developed in response to the shortage in Hennepin County of housing affordable to low- income households. As a requirement of the A -HF Program, all project proposals must have municipal support prior to actually receiving assistance. The HCHRA will be requiring a city council resolution (if not currently in place) in support of selected AHIF projects — Carol Stinar (612- 348 - 2670). • Lead Hazard Control Program — AHIF funded activity to assist private owners address lead hazards in eligible affordable rental properties. AHIF funds supplement a HUD- funded program that assists private owners address lead hazards in eligible properties. AHIF funds specifically support assistance for affordable efficiency units — Mike Jensen (612-348 - 2114). • Transit Oriented Development Program (TOD) — designed to assist development proximate to priority transit corridors and hubs. As a requirement of the TOD Program, all project proposals must have municipal support prior to actually receiving assistance. The HCHRA will be requiring a city council resolution (if not currently in place) in support of selected TOD projects — Patricia Fitzgerald (612 -543- 0864). • Common Bond Fund Loan Program — provides long -term, low - interest, fixed asset revenue bond financing for suburban Hennepin County manufacturing and production businesses — Patrick Connoy (612- 348 - 2215). We look forward to continuing to work with you in implementing these programs and to develop additional innovative approaches to address housing and community development needs. Please contact Housing, Community Works and Transit Department program managers listed above for further details on the programs or specific funding allocations. Since AMP C. Eckhert Deputy Executive Director cc: Commissioner Mike Opat Commissioner Mark Stenglein ` Commissioner Gail Dorfman Commissioner Peter McLaughlin Commissioner Randy Johnson Commissioner Jan Callison Commissioner Jeff Johnson Curt Boganey, City Manager City Council Agenda Item No. 6i COUNCIL ITEM MEMORANDUM • TO: Curt Bo ane City Manager g Y� Y g FROM: Sharon Knutson, City Clerk DATE: February 9, 2011 , SUBJECT: Application and Permit for Temporary On -Sale Liquor License Submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an Event to be Held March 12, 2011 Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on -sale liquor license submitted by The Church of St. Alphonsus, 7025 Halifax Avenue North, for an event to be held March 12, 2011. Background: The Church of St. Alphonsus, 7025 Halifax Avenue North, has submitted an application and permit for temporary on -sale liquor license for an event to be held March 12, 2011. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11 -107 (6) Temporary On -Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12 -month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may ` contract for intoxicating liquor catering services with the holder of an On -Sale Intoxicating Liquor License issued b an municipality. Y Y . p Y Budget Issues: There are no budget issues to consider. OF ST PATRICKS DA Minnesota Department of Public Safety ^, , ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101-5133 - S (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 5 6 5 WWW.DPS.STATE.MN.US • APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER ST ALPHONSUS CHURCH 2/28/1959 ES 32045(MN) STREET ADDRESS CITY STATE ZIP CODE 7025 HALIFAX AVE N BROOKLYN CENTER MN 55429 NAME OF PERSON MAKING APPLICATION US 6J P5 ON H j �61- 100 FR. PATRICK J. GRILE CSSR ( DATES LIQUOR WILL BE SOLD MARCH 12, 2011 TYPE OF ORGANIZATIO ORGANIZATION OFFICER'S NAME ADDRESS FR. PATRICK J GRILE CSSR same as above ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe ST ALPHON$US SCHOOL GYM Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. CATH APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT O /COUNTY DATE APPROVED CITY FEE AMOUNT 2S LICENSE DATES DATE FEE PAID j(4JIAZA )5 SIGNATURE CITY CLERK OR COUNTY O CIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (12/09) City Council Agenda Item No. 7a COUNCIL ITEM MEMORANDUM • DATE: 2/1/11 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: 2011 Centennial Celebration Donation Recommendation: Staff recommends the City Council accept the donation from the Brooklyn Center Rotary in support of the 2011 Centennial Celebration. Background: On behalf of the Brooklyn Center Rotary, Ms. Cathy Ballot will be at the meeting to present a check in the amount of $500.00 in support of the Centennial Celebration. Budget Issues: This contribution will increase the funding available to support the Centennial activities. Council Goals: Ongoing: 5. We will improve the image of the City with citizens and others • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life andpreserves the public trust i City Council Agenda Item No. 8a i COUNCIL ITEM MEMORANDUM DATE: February 7, 2011 TO: Curt Boganey, City Manager THROUGH: Gary Eitel, Director of Business and Development FROM: Tom Bublitz, EDA/HRA Specialist ,- SUBJECT: Public Hearing on Proposed Use of 2011 Community Development Block Grant Funds and Resolution Approving Projected Use of Funds for 2011 Urban Hennepin County Community Development Block Grant Program and Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Parry Agreements. Recommendation: It is recommended that the City Council consider approval /adoption of Resolution Approving Projected Use of Funds for 2011 Urban Hennepin County Community Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with Hennepin County and Any Third Party Agreements. • Background: 2011 CDBG Allocation Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County Community Development Block Grant (CDBG) program. With CDBG, federal dollars from the Department of Housing and Urban Development (HUD) are awarded to Hennepin County and are allocated to participating cities on a formula basis. In December 2010 Congress passed a short term continuing Resolution for Fiscal Year (FY) 2011 appropriations to keep government operations going until March 4, 2011. The Resolution freezes spending on federal programs, including CDBG, at FY 2010 levels. At the time of writing this memorandum, it is unclear when final FY 2011 CDBG allocations will be available. Hennepin County has directed cities to use FY2010 CDBG amounts for 2011 planning purposes. The final FY2010 CDBG allocation was $203,588. Federal CDBG Statutory Requirements The federal authorizing statute for the CDBG program requires that each funded CDBG activity meet one of three national objectives: 1. benefiting low income persons, 2.preventing or eliminating slums and /or blight and 3.meeting urgent community needs. The federal statute also specifies that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and /or very low income persons. Each city must meet this requirement at the local level. i Mission: Ensuring an attractive, clean, safe conuntinity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Based on the preliminary 2011 CDBG allocation of $203,588, meeting the 70 percent requirement means that $142,512 of the total allocation must be expended on programs and services directly benefiting low income persons. Low income persons are defined as persons with incomes ranging from 30 to 50 percent (very low income) to 80 percent (low income) of the median household income in the Minneapolis /St. Paul metropolitan area as defined by HUD. 2011 HUD income data is not yet available. A table showing 2010 HUD income data is included in the attachments to this memorandum. Summary of 2010 CDBG Allocations The following summary represents the City's 2010 CDBG allocation of the total $203,588: • Senior Community Services Household Outside Maintenance for the Elderly (H.O.M.E.) program -- $15,150 • Community Emergency Assistance Program Senior Services program -- $9,410 • Neighborhood Stabilization/Code Enforcement program -- $151,001.83 • HOME Line's Tenant Advocacy -- $3,785 • Housing Rehabilitation ( Rehabilitation of Private Property) -- $24,241.17 2011 CDBG Requests for Fundini • Senior Community Services' Household Outside Maintenance for the Elderly (H.O.M.E.) program 2011 request is $14,000 to continue the H.O.M.E. Program in Brooklyn Center. Details of Senior Community Services H.O.M.E. Program are provided • in their attached 2011 CDBG Request for Funding form. It should be noted that, in addition to the items listed in the 2011 Request for Funding form submitted by Senior Community Services, the agency assisted with the resolution of two "garbage house" situations encountered by city staff in 2010. This program has been part of the City's CDBG program for 16 years. • Community Emergency Assistance Program (CEAP) 2011 request is $10,000 to continue the Senior Services Program in Brooklyn Center, including Meals on Wheels. Details on the CEAP Senior Services Program are provided in their attached 2011 CDBG Request for Funding form. This program has been part of the City's CDBG program for 11 years. • HOME Line Tenant Advocacy Services request is for $7,000 to provide funding for HOME Line's Tenant Advocacy Services Program. Details on HOME Line's request are provided in their attached 2011 CDBG Request for Funding form. 2011 would be the third year of funding for this program. • City of Brooklyn Center Neighborhood Stabilization/ Code Enforcement Program request is $150,000 to address foreclosed and vacant properties and arrest the decline of neighborhoods in the City. Details on the CDBG Code Enforcement activity are provided in the attached 2011 Request for Funding form. This would be the third year of funding for the code enforcement activity. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • • Home Rehabilitation Program (Rehabilitation of Private Property). If the City Code Enforcement Program is approved and the maximum public service amount of 15% is awarded to any or all of the public service requests (Senior Community Services, CEAP and HOME Line) there would be $23,088 available to allocate to this program from the 2011 preliminary CDBG allocation. This amount would be used to address emergency items such as furnace replacement, water and sewer service repair, etc.. The Home Rehabilitation program has been part of the City's CDBG program since CDBG was first created in the mid 1970's. CDBG ADMINISTRATIVE REQUIREMENTS • Pursuant to federal program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15 percent cap on public service projects. The H.O.M.E. Program (Senior Community Services), Senior Services Program (CEAP) and the HOME Line Tenant Advocacy Program are categorized as public service projects. Based on the preliminary allocation for 2011, the maximum amount of CDBG funds that can be allocated to public service activities is $30,500 or 15% of the City's 2011 preliminary CDBG allocation. The 15% cap on public service is a CDBG statutory requirement. • Hennepin County has indicated that no more than three activities should be undertaken in each city receiving CDBG funds and that each activity should have a budget of at least $7,500. This is not a statutory requirement and the county has indicated in their CDBG guidelines that, with regard to the $7,500 amount, "when funds are committed by other cities to carry out a single activity of mutual interest, these limits do not apply ". The H.O.M.E. Program (Senior Community Services) and HOME Line are both considered multi -city activities or county wide activities.. • CDBG activities must address a high priority need according to the County's Consolidated Plan for affordable housing, community development and human services. Cities funding activities that are not high priorities under the consolidated plan must explain why the project is needed in their city. All requests for CDBG funding received for 2011 CDBG funds are categorized by Hennepin County as high priorities for 2011. PUBLIC HEARING AND RESOLUTION The attached public hearing notice was published in the January 20, 2011 edition of the Brooklyn Center Post. Hennepin County requires a public hearing be held on the use of CDBG funds and that the 2011 CDBG programs be submitted to Hennepin County by February 24, 2011. A resolution approving the 2011 CDBG program has been prepared for City Council consideration. Funding for the 2011 CDBG program would be made available by July 1, 2011 and CDBG funds must be spent no later than December 31, 2012 (within 18 months). The resolution included with this memorandum also authorizes signature of the Subrecipient Agreement, which is the agreement between Hennepin County and the City of Brooklyn Center relative to CDBG funds and also any third party agreements that would be executed between the city and third party vendors such as Senior Community Services the Community Emergency hfission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Assistance Program (CEAP) and HOME Line. These agreements are standardized agreements developed by Hennepin County and will be submitted after approval of the City's 2011 CDBG program. Representatives from Senior Community Services, CEAP and HOME Line have been notified of the public hearing. RECOMMENDATIONS FOR 2011 CDBG ALLOCATIONS Total preliminary 2011 City Allocation for CDBG Program Year 2011 (July 1, 2011 through December 31, 2012) is $203,588. Staff is recommending the following program/activity allocations for Program Year 2011: CDBG Activi Requested Amount Recommended Amount Senior Community Services $14,000 $14,000 H.O.M.E. Program CEAP Senior Service Program $10,000 $10,000 City of Brooklyn Center $150,000 $150,000 Neighborhood Stabilization/ Code Enforcement HOME Line Tenant Advocacy $7,000 $6,500 Program Home Rehabilitation Pro am $23,088 $23,088 • TOTAL $203,588 Budget Issues: There are no direct municipal budget issues. CDBG funds are exclusively federal dollars. Council Goals: Strategic: 1. We will stabilize and improve residential neighborhoods. 2. We will positively address the community demographic makeup and increasing cultural diversity. i I i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust I its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2011 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the city held a public hearing on February 14, 2011 to obtain the views of citizens on housing and community development needs and priorities and the City's proposed use of $203,588 from the 2011 Urban Hennepin County Community Development Block Grant; and WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a subrecipient community in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, pursuant to the Subrecipient Agreement between the City of Brooklyn Center and Hennepin County, the city agrees to assume certain responsibilities for the utilization of Community Development Block Grant funds; an WHEREAS, a notice to solicit public comment was published and comments were solicited for a period of 15 days, ending February 10, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it approves the following projects for funding from the Urban Hennepin County CDBG Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 2011 Urban Hennepin County Community Development Block Grant Program. Project Bud et Household and Outside Maintenance for the Elderly $ 14,000 CEAP Senior Services $ 10,000 ® Homeline Tenant Advocacy Program $ 6,500 City of Brooklyn Center Neighborhood Stabilization Code Enforcement Activity $ 150,000 Home Rehabiliation Program (Rehabilitation of Private Property) $ 23,088 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Party Agreement on behalf of the City to implement the 2011 CDBG Program. BE IT FURTHER RESOLVED, that should the final amount of FY2011 CDBG available to the city be different from the preliminary amount provided to the city, the City Council hereby authorizes the City Manager to adjust project budget(s) to reflect an increase or decrease in funding. Date Mayor • ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i ATTACHMENTS • CDBG PUBLIC HEARING NOTICE • CDBG INCOME ELIGIBILITY DATA • REQUEST FOR FUNDING FORMS ✓ H.O.M.E. (SENIOR COMMUNITY SERVICES) ✓ CEAP (SENIOR SERVICES) ✓ NEIGHBORHOOD STABILIZATION /CODE ENFORCEMENT • v' HOME LINE (TENANT ADVOCACY) ✓ HOUSING REHABILITATION • City of Brooklyn Center (Official Publication) NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2011 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT newspapers BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hen- nepin County, pursuant to Title I of the AFFIDAVIT OF PUBLICATION Housing and Community Development Act of 1974, as amended, is holding a STATE OF MINNESOTA ) public hearing on February 14, 2011,at7 p.m. or as soon thereafter as the matter ) ss. may be heard, at the Brooklyn Center COUNTY OF HENNEPIN ) City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Richard Hendrickson being duly sworn on The public hearing is on the housing and an oath, states or affirms that he is the Chief community development needs and the City's proposed use of the estimated Financial Officer of the newspaper(s) known 2011 Urban Hennepin County Communi- a ty Development Block Grant Program rooklyn Park, Brooklyn Center Sun -Post planning allocation of $203,586. In addition, between July 1, 2011 to June 30, 2012, it is estimated that no addition- al program income from previously fund- ed and has full knowledge of the facts stated City. activities will be available to the below: The City of Brooklyn Center is proposing (A) The newspaper has complied with all of to undertake the following activities with the requirements constituting qualifica- 2011 starting on or ab r outt July , 2011. tion.as a qualified newspaper as provid- Ac" Budget ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. Neighborhood P "nlic service Projects (B) The printed public notice that is attached Neighborhood Revitalization Code En- was published in said newspaper(s) forcementActnnty $150,000 once each week, for one successive Re 0 malion of Private Property week(s); it was first published on Thurs- day, the 20 day of January For additional information on the priod- 2011, and was thereafter printed and an d proposed activities, level of act the p program performance, contact the published on every Thursday to and in- city of Brooklyn center at 763 - 569 -3300 cludin Thursday, the d of or the Hennepin County Housing Depart- g Y , e day ment at 612- 346 -9260. , 2011; and printed The public hearing is being held pursuant below is a copy of the lower case alpha - to Ms 471.59. • bet from A to Z, both inclusive, which is Auxiliary aids for persons with disabilities hereby acknowledged as being the size hours available upon base conactt the and kind of type used in the composition City Clerk at 763- 569 -3300 to make and publication of the notice: arrangements. (Jan 20, 2011) P1 2011 CDBG funds cdefghijklm op :tuvwxyz BY: FO Subscribed and sworn to or affirmed before me on this 2 day of January , 2011. Notary Public jjj JULIA I HELKENN NUTAW1 PUBLIC - LIINriEGUTA. * L17 Cnnun Expirrs .Imi 71.2015 • Memo H ennep in bou DATE: May 17, 2010 TO: He epin County CDBG Subreuipients cob Other Agencies FROM. 04ark Hendrickson SUBJECT: 2010 SECTION 8 INCOME LIMITS & 2009 POVERTY GURDE T'NE$ Below are new Section 8 income limits. effective May 14, 2010. Poverty guide.iines for 2010 will be updated when they're released. Again this. year there was a slight increase in the metro -area (KSA) median income (AM1) from $83,900 to $34,000. As a result, income 1imitstat.30, 50 and 60 ,percent of AMI also increased. Additional information on how income limits. are calculated' is available: Ott HMF s: website= http: 1/ wcvw. huduser .org/portaVdataseWiVil1,0linde html.Clidk on `Transmittal Notice" under Income Limits. The national median income for a 4- person household is_ used, as a cap in, _ calculating la ;Y incco (8'0 k incemo Cuts. The national rrcdlan income iueremed ftm.S64,06G last year to $64,406. this yew.. The following income rimits roust be used i rt calculating household income ell'giWl tty. fo wm-laded activi0ea that need td document low /mlod srate- income benefit.. 'Phis toome l mft firs effi ft6vtPU44 f ldher, notice. FY 2019: AR1ZA. ADMIAN HOUSEROLD 1V.CQ=,' .1104,0046 WWWST. PAUL-AX M- O OW House"Id (Ram.) Sfze Low Ynaame 7 jery Lanz - ucome 1�`�cbrernl#1 Low. I Person . $4S,100 35,300 ;29;400 2-Person $51,554 40JO0 $3-3, $20 OQ 3 Person $59,000 45.440 $3 "x;800 7 4 Person; $'64,400 50 5 Pecsarn $69;600 54,450' 145,400 $27 6F'F rt 374,750 5.k500 349,750 $2 ;250 7 Femou $'x,900 6:2,500 S52 $31,250 Person $95,050 66,550 $55,450 $33,300 'Calculation bood.gn % ofAW ($8k0Q4Y by E(H si=1/7t)PA 7180%, 3190°/., 41100P/., S1t08"lo I6 }'1124°X►. 81d324G 2009 Federal- HHS Poverty Guideiinea (effective. 1/23109): One person - $10,00, Two. person - $14,570� Three person - 118,310, Foci person - $22,050,. Five: person - S25,790, Sic person. - 529,530, Seven person - $31,270 Eight person - SPA19. T:ITXEWMUSITII;i DEVELOPSbtE 4WonP1wtZ= i9w 1 rwom Umits11010 Sec s d! Powaty Iimit&Aema'TO See S Ijmilkd" HENNEMUCOUNTY HOUStNCs,COMMUMTY WORKS ANDTRm4wr 417 NORTH FIFTH STREET. BUTTE 320, MIIVNEAPOUS. MN 55401 NWL CODE 608 PHONE (612) 348 -9260 -FAx (61 T) 34&2920 - TOO /TTY: (6 12) 5966865 � 2011 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (lillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: H.O.M.E. (Household & Outside Maintenance for Elderly), A Program of Senior Community Services Primary Contact Person/ Phone No./Email: Deb Taylor / 952 -541 -1019 x317 / d.taylor @seniorcommunity.org B. PROJECT DATA 1. CDBG Funding Requested $14,000 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? ®Yes ONo 3. Project Location: Address or Citywide X 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) The Household & Outside Maintenance for Elderly program known as H.O.M.E. is operated by Senior Community Services (SCS), a well- respected Minnesota non - profit 501(c)(3) organization with over 60 years of experience in enhancing the independence, involvement, and quality of life for seniors and their caregivers. The mission of H.O.M.E. is to assist older adults to maintain their dignity and live independently by providing accessible, reliable, and affordable homemaker, home maintenance and chore services. H.O.M.E. has been serving the community since 1980. Currently, H.O.M.E. provides services to persons age 60 and older in the cities of Bloomington, Brooklyn Center, Crystal, Edina, Eden Prairie, Golden Valley, Hopkins, Maple Grove, Minnetonka, New Hope, Plymouth, Richfield, Robbinsdale, St. Louis Park and Wayzata. The H.O.M.E. program has been part of the Brooklyn Center CDBG program for 16 years. In addition to minor home maintenance and repair, including exterior and interior painting and some household chore services, for persons 60 years of age and older, the H.O.M.E. program has also assisted with clean-up of garbage houses in the City. 1 O • The overall objective and goal for the H.O.M.E. program is to maintain seniors in affordable housing by providing homemaking, home maintenance and chore services that they can no longer do for themselves. The services are provided on a sliding fee scale. Over 80% of H.O.M.E. clients are unable to pay the full cost of services. For them, H.O.M.E. is a lifesaver that helps them age with dignity in their own homes. The program director and program coordinators screen, hire, and supervise paid workers; screen and arrange for contracted workers; and recruit, screen, assign, and supervise volunteers — usually corporate and church groups, youth and families. Staff meet with seniors in their homes to mutually assess the amount and type of homemaking services needed, such as housecleaning, laundry, and grocery shopping, which are provided by the program's paid workers. Seniors receiving home maintenance and chore services such as lawn mowing, snow removal, minor home repairs, and painting are usually assigned an independent contractor or a paid worker. Almost all spring and fall raking and yard cleanup is accomplished by volunteers. H.O.M.E. impacts many aspects of seniors' lives: personal and financial health, dignity, quality of life, and achieving the personal goal of remaining independent at home. Cities, neighbors, and the seniors themselves appreciate the help we provide to maintain seniors' homes with fresh paint, to help keep the interior and exterior of the home free of clutter and debris, and to keep lawns mowed and sidewalks shoveled. These services not only keep the home a nice place to live but also protect a major financial asset for the senior – their home. This protection improves seniors' ability to stay self - sufficient. Program offices are located at Creekside Community Center, 9801 Penn Avenue South, Bloomington; Senior Community Services 10709 Wayzata Blvd., #111, Minnetonka; Minnetonka Community /Senior Center, 14600 Minnetonka Blvd., Minnetonka. Clients gain access to the program either by contacting one of the H.O.M.E. offices or by referral by an area agency. Revenues are derived from client fees, Metropolitan Area Agency on Aging, cities in which H.O.M.E. operates, United Way, private foundations, client contributions and Friends of H.O.M.E., an organization that solicits donations from businesses, churches, community groups and individuals. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Rental Housin - Existing Housing (Rehabilitation) First Time Homeownershi Homelessness Special Needs Housin Public Service X Neighborhood Revitalization t o - Transportation Services 2 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) H.O.M.E. provided 1,223.7 hours of service to 24 Brooklyn Center residents, age 60 and older in 2010. The hours of service increased from 951.50 in 2009 to 1,223.7 in 2010. It is anticipated that H.O.M.E. will slightly increase the number of seniors served and the hours of service in 2011. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2011 and ends December 31, 2012.) Ongoing delivery of H.O.M.E. services including: Maintenance (minor carpentry, leaky faucets, electrical repairs and interior /exterior painting); Chore Services (lawn mowing and snow shoveling); and, Homemaking (cleaning, vacuuming, dusting, washing clothes and window cleaning). 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) Funding sources for the H.O.M.E. program. FUNDING SOURCES AMOUNT • CDBG $102,703 Prior Year CDBG Funding (for this project) $ Other Federal Funds (specify) MAAA $94,292 Low Income Housing Tax Credits $ State (specify) $ Municipal $ Metropolitan Council $ Private (specify) Fee for Service — Sliding $324,000 Fee Scale Other (specify) Foundations, Individual $123,463 Donors, Bloomington HRA and United Way Project Total $644,458 3 a s W il T � 40 -dow cost services for seniors (60+) . Interior and Exterior Painting . Minor repairs and safety bars ...................... . Housecleaning and Laundry k' . Errands and Grocery Shopping =a� . Snow shoveling and Mowing . Raking and Window Washing H.O.M.E. provides services to residents of Brooklyn Center! Call Today! 952 -746 -4046 Our Mission is to help older adults remain independent in their homes for as long as possible by providing services they can no longer do for H.O.M.E. is a program of Senior Community Services themselves. a non - profit agency funded in part by I'nited Way and the Metropolitan Area Agency on Aging. 2011 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: CEAP Senior Services Program 3. Primary Contact Person/ Phone No. /Email Don Grantl763- 450 -3663 don.grant @ceap.com B. PROJECT DATA 1. CDBG Funding Requested $ 10,000 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? Yes 3. Project Location: Address 6840 78 Ave N, Brooklyn Park, MN 55445 4. Project Description: Describe the project in as much detail as possible, including the J p � p J P � g local need(s) the project will address.) CEAP's Senior Chore Services Program were able to help keep 220 Brooklyn Center seniors and adults with disabilities in their own homes last year as a result of the city's support for Meals on Wheels and Home Chore services. 92 clients are over 80 years old and would most certainly need more costly care without this help. Brooklyn Center's investment is less than $110 per family per year and is the funding we need to keep the program going. This serves the community in the following ways: • Maintains homes and property to prevent community blight; • Provides means for City Inspectors to help residents whose property needs maintenance; • Fosters independence for seniors and disabled individuals; • Supports social, mental and emotional health; • Creates a savings by utilizing volunteers as much as possible, especially in large fall and spring raking events; • Focuses citizens on retention of community resources rather than burdening government and health industry resources. 4 8 1 • Two programs are supported by this grant: Senior Services (chores) and Meals on Wheels: Senior Services: Referrals for Chore Services originate from family members, clients, medical professionals, churches, government offices and other social service agencies. This program is open for residents 60 -years of age or greater, as well as individuals with physical restrictions living in Brooklyn Center. This program provides the following services: 1. Seasonal outdoor work, such as spring and fall raking and winter snow shoveling and blowing; 2. Routine indoor cleaning, 3. Indoor heavy cleaning, 4. Home repairs, 5. Yard work In 2010, the Senior Services program delivered assistance for the following Brooklyn Center senior projects: Raking — 61 Jobs, 913 Hours; Lawn Mowing — 312 Jobs, 350 Hours; Snow Removal —145 Jobs, 151 Hours; Housekeeping —120 Jobs, 215 Hours; Home Repairs — 54 Jobs, 124 Hours. Meals on Wheels • CEAP provides Meals on Wheels. This program delivers nutritious meals to senior citizens 60 -years of age or greater, as well as individuals with disabilities. Volunteer drivers deliver hot meals to participants. Meals on Wheels clients make donations as they are able but receive service regardless of their ability to donate. This program keeps seniors and the disabled in their homes and dramatically increases their ability to live independently. Due to the economic downturn, and the aging population, the demand for this service continues to rise. In 2010, 13,065 hot meals were delivered to clients in Brooklyn Center. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority the project will meet. Rental Housin Existing Housing (Rehabilitation First Time Homeowners Homelessness Special Needs Housin Public Service x Neighborhood Revitalization 2 Transportation Services I • 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) 1. Senior citizens and disabled residents in Brooklyn Center will be able to remain in their homes longer than possible without these two services. We expect to perform 700 senior chore projects and deliver 14,000 Meals on Wheels. We served 122 unduplicated households in 2010 with Senior Services (54 of whom were 80 years old or older) and 98 unduplicated individuals Meals on Wheels. 2. Health outcomes for this clientele will improve because we have addressed their nutritional needs. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2011 and ends December 31, 2012.) CEAP will provide services to newly identified clients and improved service to existing clients as long as adequate resources are available Major tasks for . FY2011 will be the provision of services through Meals on Wheels and Senior Chores. • Intake /Assessment upon new client contact and annual file review • Client database tracks progress and reports outcome measures monthly, quarterly and annually, • Volunteer management files are maintained and updated annually, • Review of programs and operations annually by Hennepin County • Formal annual review and site visits by Metropolitan Area Agency on Aging and Volunteers of America • Client satisfaction surveys are conducted twice per year with Senior Chore clients. • 3 S 8. Budget: d'n sources. Attach additional et: (Specify total project budget b ma'or n i g (P .f1' p J g Y J f S listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $10,000 Prior Year CDBG Funding (for this project) $10,725 Other Federal Funds MAAAlBP -CDBG $22,967 Low Income Housing Tax Credits $0 State (specify) $0 Municipal - $0 Metropolitan Council $0 Private (specify) Individuals and Orgs $5,000 Other (specify) $0 Program Fees $50,000 Project Total $105,692 Grant funds pay for engaging the community, i.e. recruitment and training of volunteers and workers; intake and screening of clients; BCA background checks on volunteers and workers; matching workers and clients; and scheduling workers and volunteers for both Senior Chore workers and Meals on Wheels drivers. Clients pay for Chore Services and much of the cost of Meals on Wheels. I 4 '7f10 ou Ae. to tench fQ11 As e� zn Gang? ,� �' our Axe O TN Community Emergency Assistance Program J CEAP's Senior Chore Program is always in need community e mergency A :515�� TM CEAP a Program of workers and volunteers. If you or someone CEAP you know would like to work with us, please call Diane K. at 763 - 566 -9600. .Brooklyn Park Office $YjT dy' Nore Pro Y'a� 6840 78th Ave N •Brooklyn Park, MN s 763- 566 -9600 • 763 - 566 -9604 (Fax) gk Serving Brooklyn Center, Brooklyn Park, ' and East Champlin a : Blaine Office 1201 89th Ave NE Ste 130 • Blaine, MN '� .. 763- 783 -4930 , 763- 783 -4927 (Fax) Serving Anoka County and parts of Ramsey County id"tion 'resources: Hours: CEAP's Meals on Wheels Program is - Frida g Monday Mon available for homebound elderly and disabled 8:00am - 4:30pm individuals in the Brooklyn Park, Brooklyn Center, and the north Camden area. Call Robin Helping seniors and adults with disabilities at our Brooklyn Park office, at 763 - 566 -9600_ Website: www.ceap.org live their lives independently. E - Mail: info @ceap.com The Senior Linkage Line is the Minnesota Board on Aging's free statewide information and asistance service. Call 1- 800 -333 -2433 United Way First Call For Help: CEAP is 501(c)(3) charitable organization, and is Information specialists can connect you to over a Greater Twin Cities United Way Community Y> 40,000 community resources, including those Partner. All contributions are tax deductible as designed especially for seniors. Dial 211 from a permitted by law. CEAP meets all standards of ' :M land line or 651 -291 -0211 from a cell phone. the Charities' Review Council of Minnesota. -:.. cur Services. • Seasonal Outdoor Work: Workers and �y4 volunteers clean and change storm windows, °x 1 rake yards, clean gutters, and trim shrubs. c � , Minor Home Maintenance: Workers y . repair broken windows, leaky faucets and unsafe porch steps, perform minor electrical, ;. carpentry and plumbing jobs, install locks, do minor weatherization and interior paint jobs, among other things. (No roof repairs) . . 7& sensor Core Pro gram... Yard Work & Snow Removal: Lawn and drive way maintenance such as mowing, ...is designed to help seniors and adults with trimming, weeding, and snow removal are In order to be eligible for CEAP's Senior Chore disabilities with their household tasks. provided. Services you must: The program developed from a series of different Indoor Housekeeping: Workers vacuum, • Live in CEAP's service area. neighborhood organizations responding to seniors clean floors, kitchens, and bathrooms, and (see far left panel) in need, and has been in operation for over 20 do laundry. No food preparation, personal years! It is funded in part by CEAP, the Older care, or mobility assistance is provided. Be 60 years of age or older, or be Americans Act, the Metropolitan Area Agency an adult with disabilities. on Aging, the Minnesota Board on Aging, Greater Twin Cities United Way, and the CDGB. If you meet these requirements call Diane K., at CEAP's Brooklyn Park office, at 763 -566 -9600. Through the program, clients living in Brooklyn g p g g n y Our fall raking and spring clean -up services are Park, Brooklyn Center, Champlin, Osseo, & the Camden area of Minneapolis can get assistance in �' complimentary and volunteer based. several areas (see next panel). - _ However, our , other services including lawn mowing, snow removal, and home n a maintenance are paid services. Workers from the community are hired as independent "They helped around the yard, blew the leaves from contractors. Background checks and interviews the bushes and took care of the {lower bed. I had are conducted, and workers are paid an hourly a hip replacement. I don't know what I would have rate by our clients immediately after the assigned done withou 10n. They were just wonderfull" work is completed. 2011 • URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: Neighborhood Stabilization/Code Enforcement 3. Primary Contact Person/ Phone No./Email Tom Bublitz -763-569-3433. B. PROJECT DATA 1. CDBG Funding Requested $ 150,000 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? ®Yes ❑No 3. Project Location: Address or Citywide 4. Project Description: (Describe the project in as much detail as possible, including the • local need(s) the project will address.) Consistent with National, State and County trends, the City of Brooklyn Center has experienced high rates of residential property foreclosures resulting in significant numbers of vacant and abandoned properties. Brooklyn Center is one of six Hennepin County cities experiencing the greatest number of foreclosures. Only Brooklyn Park and Minneapolis have more foreclosed and vacant residential properties than Brooklyn Center. On a percent basis, Brooklyn center had the highest percentage of foreclosures of all cities in suburban Hennepin County from 2007 through 2009. Based on current market conditions and projections by governmental and financial institutions, Brooklyn Center will continue to experience high rates of foreclosures for several years to come. Specific data for foreclosed and vacant properties in Brooklyn Center is shown by the following: Foreclosures in Brooklyn Center 2006 135 2007 254 2008 394 2009 305 2010 287 Properties Vacant some point within 2009 804 Properties Vacant some point within 2010 848 • 1 i • Currently vacant homes as of February, 2011 416 (Difference in totals indicates re- occupancy) *Due to continual fluctuations in housing market and tracking capacity, numbers may vary slightly. The impacts of foreclosed and vacant properties in the City of Brooklyn Center is summarized by the following: Vacant and abandoned properties can create costly problems for cities in general and potentially severe problems for specific neighborhoods hardest hit by clusters of foreclosed or vacant properties. Vacant properties detract from the quality of life in cities and can severely drain municipal budgets. Worst of all these properties negatively affect homeowners who struggle to maintain their properties in an environment where property values may continue to decline. • The number of vacant properties fluctuates, but is expected to be high for the next few years. The status of the property, ownership, responsible parties and numbers can change daily. Some properties were vacant for two years. • The majority of vacant properties in the city have one or more code violations, everything from health/life safety hazards to general nuisances. • Significant city resources and costs are being spent to deal with problems associated with vacant properties, often shifting resources from other programs areas. *Early intervention with vacant properties helps to ensure minimum community standards, while increasing citizen satisfaction. • The presence of vacant homes and foreclosures on a block is impacting the sale prices of open market transactions. Some properties are being listed below or near land values. • Long term vacant properties create potential for increased levels of vandalism and more serious criminal activity. City of Brooklyn Center Foreclosure and Vacant Property Strategy The following is a summary of the city's comprehensive foreclosure and vacant property strategy. Implementation of the strategy will involve both local and CDBG funding sources. Four Step Foreclosure and Vacant Property Strategy Step 1— Data Collection Identify the scope and depth of foreclosures and its impact on the community in order to develop effective action plans. Although initial analysis is already complete, monitoring conditions as the housing market fluctuates and evolves is an ongoing process. Step 2 — Neighborhood Stabilization Evaluating the condition of properties, eliminating imminent health and life safety hazards, securing buildings and minimizing nuisances. Step 3 — Prevention and Intervention Educational and referral activities to prevent or assist individuals going through the foreclosure process. Step 4 — Reinvestment 2 Getting vacant properties re- occupied with a focus on safe and decent housing and owner - occupancy. As part of the overall foreclosure and vacant property strategy, the City has adopted a Vacant Building Ordinance which includes the following provisions and requirements: ❖ An owner, mortgage company or other responsible party must register a residential or commercial property that is vacant for more than 30 days. ❖ Properties vacant for more than 365 days, without an approved property plan may be demolished. ❖ A property plan, which includes operational information and a plan for re- occupying the property, must be developed. ❖ Actions must be taken to ensure the property is secured and maintained in good condition. ❖ An inspection prior to re- occupancy is required to ensure the property meets minimum health and safety standards ❖ A streamlined process for correction of nuisances and city- facilitated abatements is established. ❖ Unpaid registration fees and costs of abatements and city services may be specially assessed to the property. Summary of CDBG Assisted Activities Related to City's Foreclosure and Vacant Property Strategy CDBG assisted activities will focus on increased and targeted code enforcement in eligible geographical areas of the city qualifying as part of the low and moderate income upper quartile requirement. The primary goal of these CDBG assisted activities is to arrest the decline of City neighborhoods. Code enforcement activities are described by the following: • Maintain list of vacant residential properties, identify and evaluate property conditions and take • actions to eliminate health and life safety hazards. • When foreclosed and vacant properties are identified, assure that property is secured, including boarding up if necessary, and checking to see that utilities are shut off if necessary to avoid problems such as frozen pipes, address public nuisance and housing/building code violations. • Administer provisions of city's Vacant Building Ordinance including identifying and working with responsible party (ies) to ensure property is secured and address required actions responsible party (ies) must take to comply with Vacant Building Ordinance. • Work with responsible parties on the development of a property plan pursuant to the requirements of the city's Vacant Building Ordinance, including timetable to address applicable regulations /violations. Work with residents to address issues relative to foreclosed and vacant properties that are unique to a particular neighborhood and work with appropriate city departments /staff and/or non -profit and community groups in a collaborative approach to property maintenance and rehabilitation. Proactively address issues which cause or create a blighting influence on adjoining properties. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Rental Housin Existing Housing (Rehabilitation) 777 3 • First Time Homeownershi Homelessness - Special Needs Housin Public Service Neighborhood Revitalization X Transportation Services 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) The goal in 2010 was to address all existing foreclosed and vacant properties in a timely manner. City staff have worked to process all foreclosures and vacant properties within the city. Currently there are 319 vacant properties that are monitored, inspected, and registered. The goals for 2010 are to accomplish the following: •Verify and update existing inventory of all foreclosed and vacant residential properties in the city. *Recognize vacant properties quicker by combining information on bank owned property and low water consumption. • *Monitor foreclosures and associated problems such as vacant properties. • Work with mortgage companies and servicing companies for vacant properties for a timely response and resale of vacant properties. •Identify and prioritize property code violations with health and safety issues addressed and resolved first so that properties are safe and secured. •Address and resolve secondary housingibuilding code and public nuisance violations of vacant and foreclosed properties. *Continue to implement and administer the requirements of the city's Vacant Building Ordinance. *Assure that residents in areas affected by foreclosed and vacant properties are informed about code enforcement activities and that resident information regarding foreclosed and vacant properties is incorporated into property monitoring and information activities. *In addition to CDBG assisted code enforcement activities, it is the city's goal to provide staff and financial resources to assure that at minimum, 100 of the current number of vacant and foreclosed properties are re- occupied with a focus on safe, decent affordable owner occupied housing. Between March 2009 and January 2011 eighty two (82) Renew Loans had closed on vacant/foreclosed properties in the city, providing homes for new homeowners in the city and contributing to the stability of city neighborhoods. CDBG activities assisted are part of a larger strategy to arrest the decline of City neighborhoods. Other non CDBG activities being deployed to arrest neighborhood 4 decline include: • *Renew Loan Program • Neighborhood Stabilization Program (NSP) Program •Remove and Rebuild Program •Street and Utility Improvement Program *Expanded Neighborhood Watch Program •Crime Reduction Strategy • Strategic Plan to Improve Neighborhoods •City Foreclosure Strategy r 7. Implementation Schedule: (Identify mayor project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2011 and ends December 31, 2012.) Task: Monthly Monitoring Vacant Properties Date: Ongoing Task: Decrease negative impact of Vacant Date: Ongoing Task: Neighborhood Sweep inspection Completed Date: October 15, 2011 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) • FUNDING SOURCES AMOUNT CDBG $150,000 (2011) Prior Year CDBG Funding (for this project) $150,000 Other Federal Funds (specify) $ Low Income Housing Tax Credits $ State (specify) $ Municipal $125,000* (Foreclosure Levy) Metropolitan Council $ Private (specify) $ _ Other (specify) $ Project Total $275,000 *The $125,000 in foreclosure levy will be allocated to personnel costs. 5 r 2011 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING (fillable form. Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: HOME Line's Tenant Advocacy Services 3. Contact Person/ Phone No. Mike Vraa / 612 728 -5770 x 113 B. PROJECT DATA 1. CDBG Funding Requested $ 7,000 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? Yes 3. Project Location: Citywide 3455 Bloomington Avenue, Minneapolis. 55407. HOME Line's tenant services are citywide. Tenants call our free hotline from their homes. Renter Education presentations are done in the local high schools. 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) Briefly describe the proposed project. The narrative should include the need or problem to be addressed in relation to the Consolidated Plan (see attached table), as well as the population to be served or the area to benefit. Describe the work to be performed, including the activities to be undertaken or the services to be provided, the goals and objectives, method of approach, implementation schedule and anticipated results /accomplishments. We anticipate assisting approximately 248 Brooklyn Center renter households over the hotline during the program year and offering educational presentations at Brooklyn Center High School. Renters make up nearly 3,140 households in Brooklyn Center, and many of these families have low incomes. When renters have problems involving their homes, those who don't know their rights and responsibilities can end up living in housing that is unsafe, lose security deposits that are rightfully theirs, or make decisions that cost them their home. HOME Line provides renters with the tools necessary to keep their homes safe and affordable. HOME Line will provide two distinct, but related, programs as part of this grant: a tenant hotline that provides free legal advice to tenants about landlord/tenant law and a high school educational program. These services prevent problems ranging from • homelessness to illness from unsafe living conditions, and result in reducing the use of the city's emergency resources. Tenant Hotline The first of these programs is HOME Line's tenant hotline. The hotline began in 1992 as a service to Suburban Hennepin County residents. Today we serve the entire state (excluding Minneapolis) and have recently taken our 130,OOOth call. Four staff attorneys and a tenant advocate work full time on the hotline along with 40 -60 law student volunteers each year. Brooklyn Center has accounted for 4,259 calls since 1992. Our tenant services to Brooklyn Center have helped save tenants approximately $561,550, $48,330 in 2010. We have also helped to prevent the eviction of an estimated 314 Brooklyn Center families, 17 families in 2010. Last year alone we advised 248 renter households from Brooklyn Center. The most common reasons Brooklyn Center residents call our hotline are; repairs, evictions, security deposits landlord foreclosures, and infestations. The need for this service in Brooklyn Center is apparent -- Brooklyn Center residents already rely on this valuable service. Tenants living in rental units (usually single - family homes or duplexes) are encountering a growing problem in the last 30 months: the landlord being foreclosed on. Typically, the tenant has done nothing wrong and is usually current on their rent when they are served with a notice of an impending sheriff's sale (usually within 2 -3 weeks). Faced with this information, many renters simply vacate the rental unit. The law, however, probably allows them to stay in the home for 6 -9 months following the sheriff's sale. Since 2008, HOME Line's phone number is included in all foreclosure notices and briefly explains renter's rights in these situations. The difference between leaving in 3 weeks or having an additional 6 to 9 months to find suitable new housing cannot be overstated — people find adequate and livable new housing (and may have enough time to actually buy a home if they are on a homeownership track) and the kids maybe able to complete their school year. Our primary objective with renters facing foreclosures is to provide information and advice. Once the tenant understands they don't have to leave prior to the sale, they can plan their lives accordingly instead of racing to vacate in three weeks. The goal is to make sure as many tenants know this as possible. Since 1992, we have helped 114 renter households in Brooklyn Center deal with landlords going into foreclosure. In 2010 alone, we helped 21 renter households in Brooklyn Center facing foreclosure issues. High School Renter Education Prog am The second program is our high school presentation program. To date, we have spoken to 1,077 classes (over 29,200 students) throughout the metro area. At Brooklyn Center High School, we have given 23 different presentations, reaching over 406 students. This presentation has awards from both Best Prep and B.E.E.F. (Business Economic Education Foundation). It focuses on the things that future renters should know, • including how to avoid evictions, how to select roommates, security deposits and • understanding leases. While our services are available to all renters free of charge, over 98% of our Brooklyn Center callers have low or very -low incomes; in 2010 almost three quarters (74 %) of these callers are women; and over 69% are racial minorities. Our programs are aimed at low- income renters, high school students who are about to enter the rental market, and recent immigrants. We identify the key demographics at the beginning of each call. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Rental Housm Existing Housing (Rehabilitation) First Time Homeownership ._ ..... _ ..... Homelessness Special Needs Housing Public Service x - .. _ ........ .._...._ _..- -- .............. Neighborhood Revitalization _... _ .... _. __ _ _..__.... _ .. • Transportation Services _p_ __... _... 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) We anticipate between 200 and 250 callers utilizing our hotline services, representing 600 residents. HOME Line expects to serve 20 renter households in foreclosure situations in Brooklyn Center in the next year. We will offer our free high school training to Brooklyn Center High School. Also see the attached one -page sheet, which covers what HOME Line has accomplished in Brooklyn Center in the past. 7. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2011 and ends December 31, 2012.) Task: Renter counseling over hotline Date Ongoing Task: High school presentations Date Late fall and late spring i 8. Budget: (Speck total project budget by major funding sources. Attach additional listings where appropriate.) • FUNDING SOURCES CDBG AMOUNT Prior Year CDBG Funding (for this project) 72,899 Other Federal Funds (specify) 72,199 Low Income Housing Tax Credits 29,000 State (specify) MN DHS 0 Municipal 0 Metropolitan Council 42,958 Private (specify) Foundations (attached) 0 Other (Training, Interest, Contributions) 216,000 Total 107,200 468,057 HOME Line Tenant Hotline Services Sources of Funds (Attachment) 75,000 Source: McKnight Foundation 37,500 Source: Funders Council (Foreclosure) 29,000 Source: Family Homeless Prevention & Assistance 35,000 Source: Hennepin County 20,000 Source: The Bigelow Foundation 15,000 Source: The St. Paul Foundation 10,000 Source: The Mardag Foundation 10,000 Source: The McNeely Foundation 9,000 Source: The Hugh J. Andersen Foundation 1,000 Source: Ramsey County Bar Foundation 0 rce s y ty 1,000 Source: Minnesota Bar Foundation 37,500 Source: Otto Bremer Foundation 20,000 Source: Suburban Ramsey CDBG 8,000 Source: City of Plymouth CDBG 7,957 Source: City of Bloomington 9,560 Source: Hennepin County Consolidated CDBG 5,000 Source: City of Eden Prairie CDBG 10,000 Source: St. Paul COPP 3,000 Source: City of Maple Grove CDBG 2,654 Source: City of Edina CDBG 5,000 Source: City of Richfield CDBG 3,785 Source: City of Brooklyn Center CDBG 1,200 Source: City of Minnetonka CDBG 4,700 Source: City of New Hope CDBG 5,000 Source: Community Shares 40,000 Source: Contributions 20,000 Source: Hotline Training 20,000 Source: Tenant Rights Book 2,000 Source: Interest Income 200 Source: Miscellaneous Income 20,000 Source: Other (Attorney Fees, etc.) • HOME r Office Phone: 612/728 -5770 Hotline: 612/728 -5767 ® 3455 Bloomington Ave Fax: 612/728 -5761 n Minneapolis, MN 55407 www.homelinemn.org Tom Bublitz Community Development Specialist City of Brooklyn Center 6301 Shingle Creek Boulevard Brooklyn Center, MN 55430 January 31, 2011 Dear Mr. Bublitz: This letter is to request funding in the amount of $7,000 from the City of Brooklyn Center's Community Development Block Grant Program to support HOME Line's services for renters. A copy of the 2010 CDBG Program Request for Funding is enclosed. Along with the CDBG Request Form, I am enclosing a summary of our hotline's service to Brooklyn Center residents. Included in this information is the continuing problem of landlord foreclosures affecting renters in Brooklyn Center. More than 20% of our callers from Brooklyn Center, (21 families in 2010) face critical housing situations involving landlords in foreclosure. Keeping renters in their homes not only benefits these families who have done nothing wrong, but also keeps homes occupied longer preventing houses from being vacated u nnecessarily, thus reducing the cities burden of dealing with vacant properties. HOME Line is building upon our depth of experience in serving Brooklyn Center. We are working to meet current challenges facing low - income renters and would like the City of Brooklyn Center to continue as our partner in meeting these needs. We thank you for the opportunity to submit this application. If you have any questions or need additional information, please call me at 612/728 -5770, extension 107 or Mike Vraa, our managing attorney at extension 113. Sincerely, ef Beth Kodluboy Executive Director enclosures as noted Tenant Advocacy in Minnesota HOME Line's Tenant Hotline in Brooklyn Center: (1992 -2010) Over the past nineteen N nin ber of Calls Per Year years a total of 4,259 Brooklyn Center renters wo ' have contacted HOME Line. This represents z service to approximately. 10,647 residents when all _ 2 9 1 9 96 9 99 99 00 01 02 03 04 0 06 0 09 09 10 family members have been counted. The vast majority (99 %) of these callers are very low or�� low income. These income categories are those used by the U. S. Department of H. U. D.: g • Very Low: Incomes below 50% of the metro median, • Low: Incomes between 50% and 80% of the metro median. • Moderate: Incomes above 80% of the metro median_ Moderate 1% . ..._.........__..._.._......... -- --.._..___...__.— ._..- ... _ ..... _.._........_..- - -- - In 2010, HOME Line has helped renters from Top Ten Reasons For Calls Since Brooklyn Center recover and/or save an estimated O enin $48,330 ($561,550 since 1992). We have al 1 _ 1. Repairs _ _ _ _ 878 helped prevent an estimated 17 evictions ( 314 since 2._ Evictions 761 ...........__.._......_........._....._ .................._............... .........._..--- ......._....... 1992). Renters with repair issues who follow our 3. Security Deposit _ 398 advice are 37% more likely to get their problem 4. Notice To Vacate 356 fixed than those who don't. In landlord foreclosure, 5. Break Lease 213 ._._...---- - - - - -- - -- _........ -- - _ -- - - -- the average amount of days stayed after the sheriff's 6. Leas _140 sale by renters we have helped is 180 days, and the 7. Financial Assistance 132 -- ..__...- ---....__---..........-._..__... ._...._......_._._.......__..._ -- .— _........___...__ average amount of money saved by renters in a 8_Privacy /Intrusion - _ 121 landlord foreclosure is $ 1,187 ($24,927 in 2010). 9. Foreclosures 114 10. Harassment 103 HOME Line's High School Renter's Education _ Program provides advice on tenant rights and - Ten _ _ Calls g p g Top Ten Reasons For Calls (2010) _ responsibilities. This free presentation covers Most 1. Repairs 56 things that first time renters are likely to encounter, 2. Evictions 30 including roommate problems, evictions, security " --- " — V - - " - - - - - -- 3. Security Deposits 24 deposits and repair problems. In the last nineteen - - -" _ p p p 4. Foreclosures 21 years, HOME Line has given 23 presentations to _.._____._.._____.. �_.__...__.__._____..........___ ___._..________..__._.._._.___. 5. Infestation 18 Brooklyn Center High Schools, speaking to over 406 6. Break Lease 11 t, students. HOME Line has also sent speakers -, -.._.....____..__......_._..__... _._.._____.__..._._.___._.__... _.. many property managers' meetings, continuing legal -7 .. - Fees - .11 _ . _ .. - education seminars and held several trainings for 8 Leases _ 9 landlords. 9. Late Fees 6 - - -- - - - -- - - - --- . - -_._ _. - -- - - - -- 10. Guests 6 1 Based on research completed by a University of Minnesota School of Statistics Ph.D. Candidate. • 2011 URBAN HENNEPIN COUNTY CDBG PROGRAM REQUEST FOR FUNDING Y111able form) (Use one form per project) A. GENERAL INFORMATION 1. City: Brooklyn Center 2. Project Name: Housing Rehabilitation Program (Rehabilitation of Private Property) 3. Contact Person/ Phone No. Tom Bublitz — 763 -569 -3433 B. PROJECT DATA 1. CDBG Funding Requested $ 23,088 (needs to be same as council resolution) 2. Is this an existing CDBG - funded project? X Yes No 3. Project Location: Address or Citywide Project is Citywide 4. Project Description: (Describe the project in as much detail as possible, including the local need(s) the project will address.) This activity provides funds for the rehabilitation of existing owner occupied single family and two family homes of low income owners. Applicants for the program include those households earning up to 80% of median income so that young families are able to access the program as well as elderly residents who tend to be at or below 50% of median income. This CDBG activity is an ongoing program to support the rehabilitation of existing owner occupied housing. Since the program's inception in the mid 1970's, approximately 345 homes have been rehabilitated under this CDBG activity. 5. Consolidated Plan Priorities: Using the Priority Summary chart below, identify what priority(ies) the project will meet. (Note: If a proposed project is a low urban county priority, you must explain why it has a higher priority in your community.) Rental Housin - Existing Housing (Rehabilitation) X First Time Homeownershi Homelessness Special Needs Housin 1 Public Service • Neighborhood Revitalization - Transportation Services 6. Describe anticipated results /accomplishments the project will have. (number of persons to receive services, number of affordable housing units to be rehabilitated or built, etc.) This is a continuous project. This allocation is intended to address emergency situations such as furnace replacement or water and sewer service repair. 6. Implementation Schedule: (Identify major project tasks to occur during/ within the first 12 months of the 18 month expenditure period. Expenditure period begins July 1, 2011 and ends December 31, 2012.) Program is on -going and administered by Hennepin County staff Task: Date Task: Date Task: Date 8. Budget: (Specify total project budget by major funding sources. Attach additional listings where appropriate.) FUNDING SOURCES AMOUNT CDBG $23,088 Prior Year CDBG Funding (for this project) $24,241.17 Other Federal Funds (specify) Low Income Housing Tax Credits State (specify) Municipal Metropolitan Council Private (specify) Other (specify) Project Total $23,088 2 • City Council Agenda Item No. 8b COUNCIL ITEM MEMORANDUM • DATE: February 8, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Public Hearings for Palmer Lake East Neighborhood Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2011 -01, 02, 03 and 04, Palmer Lake East Neighborhood Street, Storm Drainage and Utility Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2011- . 01 and 02, Palmer Lake East Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council consider approval of the attached resolutions ordering the Palmer Lake East Neighborhood Street, Storm Drainage and Utility Improvements; authorizing preparation of project plans; and certifying special assessments for the project to the Hennepin County Tax Rolls. • Background: A series of two public hearings are scheduled on February 14, 2011. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2011 -01, 02, 03 and 04. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2011 -01 and 02. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. L Explanation of Improvements The proposed project includes roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Palmer Lake East Neighborhood. The project was previously established by the City Council on August 9, 2011, by Resolution 2010- 114 and August 23, 2010, by Resolution 2010 -119. On January 24, 2011, the City Council received the project feasibility report and called for a public hearing to be held on February 14, 2011, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements — Includes regrading; base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, • replacement of street signs, and boulevard restoration. :Mission; Ensuring; an attractive, clean safe colnnrunity tha, enhances the quality nf'life and preserves the puhlic trust COUNCIL ITEM MEMORANDUM 2. Storm Drainage Improvements — Includes the replacement of a portion of the • existing storm sewers and installation of new storm sewers, repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes. 3. Water Main Improvements — Includes the replacement of a portion of existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. 4. Sanitary Sewer Main Improvements — Includes replacement of sanitary sewer pipe, access structures and sewer services to the property lines. II. Summary of Assessments Special assessments are proposed as one of several funding sources for the improvements located within the Palmer Lake East Neighborhood. On January 10, 2011, the City Council adopted the 2011 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2011 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes 'a preliminary assessment roll identifying approximately 395 single family residential properties and one multiple family property. Special assessments for single family residential properties were calculated at full unit assessment rates of $3,559 for street improvements and $1,068 for storm drainage improvements. The multifamily property • located at 6915 Humboldt Avenue North has been computed based on unit assessments prorated per lot area. See the attached revised Appendix C -Final Pending Assessment Roll and Figure 5- Assessment Map from the project feasibility report. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should- consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will .advise the Council of options for handling the dispute and potential litigation issues. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2011. Mission; Lnucrin an attractive, elean, .sate communitr thai enhances the cluulitV of lift and preserves the public trust COUNCIL ITEM MEMORANDUM 2. From October 1, 2011, to the end of the business day on November 29, 2011, a property • owner may pay the total assessment, with interest calculated from October 1, 2011, to the date of payment. 3. A property owner may pay the assessment over a 10 -year period. The first payment will be due with taxes in 2012. The total principle will be payable in annual installments. Interest at 6.0 percent is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2011 -01 and 2011 -02 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2011 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $7,338,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on January 24, 2011. Please see the attached Appendix A- Resident Comments regarding additional comments received subsequent to the January 14, 2011, council meeting that have been amended to the project feasibility study. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed .Mission: Ensuring an attractive, dean, sine community that enhances the qualiti. oflife andhreserres the public trust Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2011 -01, 02, 03 AND 04, PALMER LAKE EAST NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on August 9 and August 23, 2010, authorized consideration of street, storm drainage, and utility improvements in the area generally described as "Palmer Lake East Neighborhood ", more specifically described as follows: Penn Avenue North from Oliver Avenue North to 73` Avenue North; Oliver Avenue North from 69 Avenue North to 73 Avenue North; Oliver Circle North; Newton Avenue from 69 Avenue North to 73 Avenue North; Morgan Avenue North from 69 Avenue North to 73 Avenue North; Logan Avenue North from 69 Avenue North to 73 Avenue North; Knox Avenue North from 70 Avenue North to 73` Avenue North; James Avenue North from 70t Avenue North to 71 Avenue North; Irving Avenue North from Irving Lane North to 71 Avenue North; Irving Lane North from Logan Avenue North to Irving Avenue North; 70 Avenue North from Oliver Avenue North to Irving Avenue North; 71" Avenue North from Oliver Avenue North to Humboldt Avenue North; 72n Avenue North from Logan Avenue North to Humboldt Avenue North; Amy Lane from Knox Avenue North to Humboldt Avenue North; and Woodbine Lane from Knox Avenue North to Humboldt Avenue North.; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on January 24, 2011, adopted a resolution setting a date e Palmer Lake East Neighborhood; fora public hearing regarding the proposed improvements for the g p g g g P P p and WHEREAS, ten days published notice of the hearing was given and the hearing was held on February 14, 2011, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the February 14, 2011, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and • • RESOLUTION NO. WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $1,797,657.28; and WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project Nos. 2011 -01, 02, 03 and 04, Palmer Lake East Neighborhood Street, Storm Drainage and Utility Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and specifications for said improvements. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 regulation, or ruling. This resolution shall be modified and an successor law, , • Y g g to the extent required or permitted by Treasury Regulation 1.105 -2 or any successor law, regulation, or ruling. February 14, 2011 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. its adoption:. Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2011 -01 AND. 2011 -02, PALMER LAKE EAST NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy Nos. 17870 and 17871; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: L Such proposed assessments, Special Assessment Levy No. 17870 for street improvements and Special Assessment Levy No. 17871 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2012, and shall bear interest on the entire assessment at the rate of six (6.0) percent per annum from October 1, 2011, through December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2011. After September 30, 2011, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2011, through the date of payment. Such payment must be made by the close -of- business November 29, 2011, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off • the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. I RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. February 14, 2011 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. • — DAVE N 7242 7 243 ?4? X2 43 7 242 7243 7242 7243 7242 123 a N 7236 7237 7 236 7 237 7236 7237 7236 7237 7236 0 M 7230 7231 7230 7231 7230 7231 7230 7231 n fn 722 7225 7230 0 o m N o o N Z 7224 7225 7224 7225 0 0 Z 7224 7225 ! r` m m c co tn N 9 7219 7218 7219 7218 7219 7224 ^' 'C WOODBINE LN 721a 7219 > 7212 7213 7212 7213 7222 7219 3 7212 7213 7206 7207 Z 7206 7207 8 W 7218 N w o 0 o w o o w o 0 7206 7207 7200 7201 w 7200 7201 Q � � � rn rn rn rn cn cn cn 7200 7201 7148 7149 Q 7148 7149 7208 7207 w M o w v 0) o ro M o C7 Z 7140 7141 7142 7143 0� 7142 7143 7200 7201 Q 7132 7133 7136 7137 2 7136 7137 72ND AVE N w O " " 72ND AVE N 7130 7131 7130 7131 7136 7137 o o °' rn o o 0 0 uj 7124 7125 N rn o w N rn o N w o 7124 7125 7124 7125 7130 7131 AMV Lt J 7118 7119 O 7118 7119 7118 7119 7120 7121 v 4 7027 7112 7113 7112 7113 7112 7113 w o o w o o w o 0 7108 7107 7106 7107 7106 7107 7106 7107 0 � ° ° m m Z 7100 7101 N rn O OD N rn o N rn o 2106 2100 2006 2000 1906 1900 W 71ST AVE W Q 7042 7037 Z 7030 7031 7030 7031 T Q ? 2101 2007 2001 7036 7037 Q 7036 7031 O 7 7024 7025 Z 7024 7025 7030 7031 7030 7031 0 7030 7025 O ; � X 7018 7019 7018 7019 ip . 7025 7024 7025 7024 7025 7024 7019 D U 7018 7013 7012 7013 W 7012 7013 Z -� 7019 7018 7019 7018 7019 n W O 7008 C 7012 7007 Z 7006 7007 7006 7007 � 7013 7012 7013 7012 7013 Q 70p4 > 70j6 7007 7006 7001 7000 7001 7000 7001 Z 7006 7007 7006 7007 7001 X000 `" ° 2100 06�9006901 01 7000 7001 7 N N N O N n O ` r M 70TH AV 6937 70TH AVE N 43 6942 6943 N m ro ° m r o o o 6931 2�j0 N N 37 6936 6937 6936 ! o �o o e ! m o ao o_ ^ 6939 N O N O O 6930 6931 31 6930 6933 1830 ro C' c r r CD m o 6925 6925 1600 6924 6925 25 6924 6927 6919 6918 6919 19 6918 6921 6918 o N 6913 N 6907 6912 6913 6912 6915 6912 13 I 6906 6907 07 6906 6907 6906 2200 6900 2100 01 6900 6901 6900 Legend 69TH AVE N Proposed Single Assessment Proposed Mufti Assessment Previously Assessed CITY OF Assessment Map N 0 City Property BROOKLYN CENTER 0 Elected to be Assessed with Future Project I HENNEPIN COUNTY, MINNESOTA Palmer Lake East CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921340001 6913 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921340002 6907 OLIVER. AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410002 1600 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410004 1700 IWOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410006 1706 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410007 7222 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410008 7130 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410009 7131 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410010 7121 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410011 7120 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410015 7221 HUMBOLDT AVE N 17870 $ 3,559.00 17871 $ 1,068.00 Corner 2611921410016 1506 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410017 1713 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410018 1707 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410019 1701 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 21410020 1619 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2 921410021 1613 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410022 1607 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410023 1601 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410024 1513 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410025 1507 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410026 1501 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 Corner 2611921410027 1500 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 Corner 2611921410028 1506 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410029 1512 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410030 1600 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410031 1606 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410032 1612 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410033 1618 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410034 1700 71ST AVE N 17870 $ 3,559.00 W871 $ 1,068.00 2611921410035 1706 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410036 1712 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921416037 1713 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410038 1707 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410039 1701 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410040 1619 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 21410041 1613 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2 1921410042 1607 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410043 11601 72ND AVE N 117870 $ 3,559.00 17871 $ 1,068.00 2611921410044 11513 72ND AVE N 117870 $ 3,559.00 17871 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921410045 1507 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410047 1500 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 Corner 2611921410048 1506 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410049 1512 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410050 1600 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410051 1606 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410052 1612 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410053 1618 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410054 1700 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410055 1706 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410056 1712 AMY LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410057 1713 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410058 1707 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410059 1701 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068,00 2611921410060 1619 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410061 1613 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410062 1607 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410063 1601 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410064 1513 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410065 1507 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410066 1501 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 Corner 2611921410067 1500 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 Corner 2611921410068 1506 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410069 1512 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410070 1600 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410071 1606 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410072 1612 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410073 1618 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410074 1700 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410075 1706 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410076 1712 72ND AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410077 7207 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410078 7201 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410079 7200 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410080 7208 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410081 7137 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410082 7136 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410083 7107 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410084 7101 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410085 7108 LOGAN AVE N 117870 $ 3,559.00 17871 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921410086 7100 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410087 7219 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410088 7213 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410089 7218 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1068.00 2611921410090 7224 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410091 7225 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410095 1618 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410096 1612 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410097 1606 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921410098 7230 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410099 7236 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410102 7237 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410103 7231 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921410104 1712 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2U1921410105 7236 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 21410109 1512 WOODBINE LA 17870 $ 3,559.00 17871 $ 1,068.00 2611921420002 7237 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420003 7231 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420004 7225 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420005 7219 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420006 7213 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420007 7207 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420008 7201 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420009 7200 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420010 7206 ILAORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420011 7212 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420012 7218 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420013 7224 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420014 7230 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420015 7236 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420017 7149 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420018 7143 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420019 7137 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420020 7131 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420021 7125 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420022 7119 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 21420023 7113 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2BT1921420024 7107 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420025 1900 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420026 1906 71 ST AVE N 117870 $ 3,559.00 17871 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921420027 7106 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420028 7112 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420029 7118 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420030 7124 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420031 7130 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420032 7136 MORGAN AVE N 17870 $ 3,559.00 17871 $ ` 1,068.00 2611921420033 7142 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420034 7148 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420035 7149 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420036 7143 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420037 7137 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420038 7131 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420039 7125 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420040 7119 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420041 7113 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420042 7107 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420043 2000 71ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420044 2006 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420045 7106 NEWTON AVE N 17870 $ 3,559.00 17871 $_ 1,068.00 2611921420046 7112 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420047 7118 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420048 7124 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420049 7130 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420050 7136 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420051 7142 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420052 7148 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420054 7237 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420055 7231 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420056 7225 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420057 7219 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420058 7213 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420059 7207 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420060 7201 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420061 7200 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420062 7206 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420063 7212 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420064 7218 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420065 7224 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420066 F7236 230 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420067 NEWTON AVE N 17870 1 $ 3,559.00 117871 1 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921420070 7237 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420071 7231 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420072 7225 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420073 7219 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420074 7213 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420075 7207 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420076 7201 NEWTON AVE N 17870. $ 3,559.00 17871 $ 1,068.00 2611921420077 7200 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420078 7206 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420079 7212 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420080 7218 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420081 7224 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420082 7230 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420083 7236 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420085 7141 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 21420086 7133 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2 1921420087 7125 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420088 7119 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420089 7113 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420090 7107 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420091' 2100 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420092 2106 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420093 7106 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420094 7112 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420095 7118 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420096 7124 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420097 7132 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420098 7140 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420100 7237 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420101 7231 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420102 7225 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420103 7219 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420104 7213 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420105 7218 PENN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420106 7224 PENN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921420107 7230 PENN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 I dW21420108 7236 PENN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2 1921430001 6933 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430002 6927 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430003 16921 LOGAN AVE N 17870 $ 3,559.00 1178 71 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921430004 6915 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430005 6907 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430006 6901 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430007 6900 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430008 6906 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430009 6912 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430010 6918 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430011 6924 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430012 6930 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430013 6931 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430014 6925 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430015 6919 MORGAN AVE N 17870 $ 3,559.00 17871 $ - 1,068.00 2611921430016 6913 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430017 6907 MORGAN AVE N 17870 $ 3,559.00 17871, $ 1,068.00 2611921430018 6901 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430019 6900 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430020 6906 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430021 6912 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430022 6918 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430023 6924 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430024 6930 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430025 6931 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430026 6925 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430027 6919 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430028 6913 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430029 6907 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430034 6912 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430035 6918 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430036 6924 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430037 6930 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430038 6925 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430039 6919 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430040 7037 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430041 7031 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430042 7025 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430043 7019 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430044 7013 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430045 7007 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430046 7001 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430047 6943 LOGAN AVE N 117870 $ 3,559.00 17871 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921430048 6937 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430049 6936 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068:00 2611921430050 6942 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430051 7000 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430052 7006 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430053 7012 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430054 7018 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430055 7024 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430056 7030 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430057 7036 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430058 2001 71ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430059 7031 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611.921430060 7025 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430061 7019 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 26 921430062 7013 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 1430063 7007 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 26 921430064 7001 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430065 6943 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430066 6937 MORGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430067 6936 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430068 6942 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430069 7000 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430070 7006 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430071 7012 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430072 7018 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430073 7024 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430074 7030 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430075 2007 71ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430076 2107 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430077 2101 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430078 7031 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430079 7025 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430080 7019 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430081 7013 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430082 7007 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430083 2100 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2IW1430084 2108 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 26 2114 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430086 2120 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430087 7000 OLIVER AVE N 117870 $ 3,559.00 117871 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY# STORM NOTES 2611921430088 7004 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430089 7008 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430090 7012 OLIVER CIR 17870 $ 3,559.00 17871 $ 1,068.00 2611921430091 7016 JOLIVER CIR 17870 $ 3,559.00 17871 $ 1,068.00 2611921430092 7020 OLIVER CIR 17870 $ 3,559.00 17871 $ 1,068.00 2611921430093 7024 OLIVER CIR 17870 $ 3,559.00 17871 $ 1,068.00 2611921430094 7028 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430095 7032 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430096 2119 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430097 2113 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430098 2107 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430099 6937 NEWTON AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430100 7001 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430101 6937 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430102 6931 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430103 6906 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921430105 6900 OLIVER AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440004 7042 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440005 7036 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440006 7030 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440007 7024 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440008 7018 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440009 7012 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440010 7006 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440011 7030 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440012 7024 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440013 7018 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440014 7012 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440015 7006 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440016 7000 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440017 7037 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440018 7031 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440019 7025 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440020 7019 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440021 7013 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440022 7007 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440023 7001 KNOX AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440024 1801 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440025 1807 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440026 1815 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921440027 6942 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440028 7024 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440029 7018 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440030 7012 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440031 7006 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440032 7000 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440033 7031 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440034 7025 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440035 7019 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440036 7013 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440037 7007 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440038 7001 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440039 1701 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440040 1707 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440041 1713 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 21440042 1719 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2 921440043 7031 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440044 7025 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440045 7019 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440046 7013 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440047 7007 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440048 7001 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440049 1601 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440050 1607 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440051 1613 70TH AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440052 7030 JAMES AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440053 7000 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440054 7006 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440055 7012 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440056 7018 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440057 7024 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440058 7030 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440059 1511 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440060 1507 71 ST AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440061 7037 HUMBOLDT AVE N 17870 $ 3,559.00 17871 $ 1,068.00 Corner "A" zone rates of $0.2789 per sq ft- street and $0.2417 per sq ft -storm 2 921440070 6915 HUMBOLDT AVE N 17870 $ 18,627.41 17871 $ 16,142.87 2611921440071 11618 IRVING LAN 117870 $ 3,559.00 17871 $ 1,068.00 2611921440072 11619 1IRVING LAN 117870 $ 3,559.00 117871 $ 1,068.00 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • 2011 PALMER LAKE EAST AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2011 -01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY # STORM NOTES 2611921440074 1700 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440075 1701 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440077 1708 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440078 1707 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440080 1800 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440081 1720 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440082 1714 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440083 1721 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440084 1715 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440085 1801 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440089 1820 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440090 6936 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440091 1830 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440092 1821 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440094 6900 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440095 6906 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440096 6912 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440097 6918 LOGAN AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440098 6939 IRVING AVE N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440099 1610 IRVING LA N 17870 $ 3,559.00" 17871 $ 1,068.00 2611921440100 1600 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440101 1601 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440102 1607 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 2611921440103 1613 IRVING LA N 17870 $ 3,559.00 17871 $ 1,068.00 Total Assessments $ 1,374,606.41 $ ' 423,050.87 Summary of Resident Survey PALMER LAKE EAST PROJECT ( PALMER LAKE E AND LOGAN NEIGHBORHOODS) Street Sanitary Stori Wafer Sprinklcw Sams rump Comments/ Concerns /15sufs re rttidiij,.:: ,System idewal tihfi�s �t�` Unknown Address No No Color sometimes. Do not No No More streetlights. No sidewalk. 1 drink City water. James Ave. N No Flooding in street: No Yes IN. Not Applicable Knox Ave N We have lived here for 43 years Standing water on the street in No. Everything is fine. Yes No That the transition from the blacktop street to the and have never had a problem. front of our house as a result of cement driveway approach will be smooth. *Why Maybe one time we had Roto a water main break perhaps in does part of Brooklyn Center have mail delivered Rooter out. 2000 or 2001. to their door and others (our neighborhood) to street mailboxes? We did attend the meeting and were very pleased with the presentation as well as the maps and other information. Thank you for a good job. We know it's going to be a mess but we are confident that all will go well. Woodbine Ln None None None Yes NA None NA = No Answer 1 2/8/2011 XBR ;L f MEMORANDUM 7'ERN DATE: February 14, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resident Survey Comment Update—Palmer Lake East Neighborhood Improvements, Project Nos. 2011-01, 02, 03 and 04 Please see the attached letter dated February 2, 2011, from a property owner on 72nd Avenue. This information is included as Appendix A-Resident Comments and is an additional comment received subsequent to the January 14, 2011, council meeting which amends the project feasibility study. February 2°2011 Dear City of Brooklyn Center, This letter is to notify and voice my opinion of the collection of funds for the street and utility improvement project. I am a resident on 72nd ave N, Brooklyn Center. Although I favor an improvement program and understand the importance of public safety, I strongly am opposed to a lump sum or large amounts of fees required up front to residents. In this economy, I do not have enough funds to meet the city's request. I strongly feel that financing this project should be accomplished through collecting smaller amounts over our face." i " too s i me time through tax. This current request of$5,000 per home y Resident of Brooklyn Center, Tou Chao Xiong City of Brooklyn Center 2011 Palmer Lake East Street and Utility Reconstruction Project Public Hearings February 14, 2011 Public Improvement Hearing: Special Assessments • Local public improvements to the City's infrastructure based on State of Minnesota Statute Chapter 429. • Palmer Lake East Area Street and Utility Improvements Project No. 2011 -01 , -02, -03 and -04 73RDAVE N , �.. 1,(09911 , 1 � I �'1 1 ►--_1�-'� 1 i 1 1 ;1�a--- -" BIN � s 1 L- -- _- --j---j-- --- -- -- -- WOODE LN BIN --1 >� r- ;z�r--- 1 --- -- -- - -- --'---'--- ---- 72NDAVE N T � - 42ND AVE N ULU -1 F-1 °�-- --��--- �--- r--- ; , i � -- � iii 1 1 ---_ f iw TE-Jz L 1 1 1 10 1 -J ' -;-_T- T- � TH AVE N `- ?0TH A-�}( _- f." 1 1 �}-'� M-i 1F.- ' 1 J'-_L - -'�-�_-��_-------J --- -� ----� i----�----4 - MTH AVE N � Cln QF Project Area Public Works BAOOKZYN CENTER -C Engineering Department �'�-"� Palmer Lake East December20,2010 Capital Improvement Program •�l�l�11 �� �� City Initiated Program in r 1993 1;x;11 11 Reconstruct Aging Public Streets and Utilities 1111 1 ��. 11111 70.7 miles (67%) 1� Completed � �ii +► 111111 2011 will be the 18tH 111111111111 Consecutive Year I 111 � p • Projected Completion ��111111 � 1 2021 34 Miles Remaining '1 Capital Improvement Program Est. Cost 2011 -2025: $89 LL, million Project Planning Project Need and Evaluation • Sanitary Sewer • Water Main • Storm Drainage • Streets, Sidewalks/Trails • Street Lights • Other Sanitary Sewer Collection System Collection System r'tit^ice Installed in 1960-1965 and 1978 • Extensive Root Intrusion- root sawing required to maintain conveyance capacity 72ND AVE N AMY LN • Condition Survey / 1z'11 AVE N Televising Inspections i 71S7 AVE N (worn pipe, cracked pipe, sags) • Proposed Improvements - new trunk sewers and Root Saw Locations services within streets Palmer Lake East Project Area Water Distribution System • Distribution System Installed: 1960- 1969 • Cast Iron Pipe — in relatively good condition (couple issue areas) • Issue - Undermining Cast Iron Pipe (during sanitary sewer replacement) Proposed Improvements - Replace most valves and hydrants throughout project area - Replace Some Water Main (where - adjacent to deep sanitary sewer j replacement — approx. 50%) - Replace Service Lines, Curb Stops p , , Storm Water Drainage System Storm sewer inlet locations RDAV fairly well developed throughout neighborhood with some isolated flat areas 0 JNDAVE N 12.11.E AMY LN • Improvements /repairs 1. needed pw- • Coordination with water and 7071 AVE N sewer replacement • Water quality treatment - infiltration basins, Storm Sewer Palmer Lake East Project Area underground facilities, outlet sediment removal and other improvements where feasible Pavement Condition vs. Drainage (Typical) s � u y +t , ee _ 09/28/2.010 ncItion Sufrade ( ,,. ,oundation) Condition _ - Poor Draina e J E-/,Material Deterioration - ,. 09/23/=2010 �1� Street Reconstruction Proposed Imp rovements • New Curb and Gutter - ► t� rfr. • Full Depth Pavement and Aggregate Base u Reconstruction roadway to 30-ft wide Sidewalk Repairs OWL- r' c. �NOW i w ` I , 4P ��I € ! ��.. �YY •4a F'7� ;` � C"'�l�,x-a'S � Eby I .. i • K _ -1 •,ry • • MRDAVEN a— s 1 1 7 z —1 1• 1 WOODBINE LN f _•-. .' - _. ._. -' 1 1 • • i 1 1 • i nNDAVEN 1 'j 1 ♦ ` i • n • • M1YLN 1 rc 1 1 W , S 71STAVEN• -^ • • • •"STAVENa i • 1 1 i • g fe i � ..NMs,J ' 1111 • • TeiH AVEM • L__1• _ may- + ^' toe % 1 1 ]OTH AVEN w 1 -- 4 1 1 • Qi 1 1 • RUING LN N • j Legend i 1 ---_____. J •Replace Li ht `~`• i 1---1 i ----------------- MTH WE • . Lightto RemaR qP T nn o< Streetlights 1 uOd 14 GLM�[R Palmer Lake East Project Area Public Right-of-Way Right-of-way and easements are dedicated to the public for construction and maintenance of - streets and utilities Delineated on subdivision plats. , • Boundary of right-of-way extends beyond the edge of street pavement. - Typical right-of-way width is 50' • to 66'. - - Other sidewalk and utility easements are adequate. 4 r"� v O tA a •'r WN kA i Preliminary Project Budget CIP — Est. Percent Proiect Amount Total Special Assessments $ 197987000 25% Water Utility $ 11055,000 14% Sanitary Sewer Utility $ 193309000 18% Storm Drainage Utility $ 1 ,029,000 14% Street Light Utility $ 150,000 2% Street Reconstruction Fund $ 1 ,976,000 27% Total $ 7,338,000 100% Note: These are preliminary estimated amounts. 73RD AVE N 7741 7243 <'q2 >2aJ %242 774;t 7242 1243 ?747., 7243 a 7236. 1231 7230')737 1738 f137 7236 7237 7736 7737 c 7230 7231 - 723:1 ?231 7230 7231 7230 7231 _ 7730 723' Z 7224 7225 7224 7225 7220)1225 7225 °m c <. N 7218 7219 7218 721"v 7724 72+Si N g 7218 7219 __ - -1 -� WOODBINE- - N . 7212 7211 7212 7213 1722^1719 J 1212 721.71. L 72c6 7237 Z 720b 7207 a 77:8 .o 7206 7207 ' ,20.'1 7201 > 7200 7251 `n c .Z- 7208 72077200 72,1 7148 7149 Q . _ � -- — - 72ND AWN - Z 7140 7141 7142 7143'�d'.7142 7143 1200 1701 w - O - S IQ 7132 7133 7136 7137 L5 7136 7137 72N DAVE N _ 72NDAVL N �' 71311 1111 71:10 1131 7.3637 ul 1124 1,126w n, n M ..-° 7124 •125 7124 7125 LN a 7130 1131 'J 71tII It19 O- 118 7119 7r1? 7u9 /1 z0 n2 AMY 7027 '1 o a 7112 1:1 7112 7113 7112 .'113 /;08 1:01 ' -7706 f 1107 7106 710/ ._7106 7107 —T— z 1100 �T N m c Z 2:06, 7100 2008 2000 1906 19o0 w 71ST AVE-N-- 7042 703f W ' '71 STAVE N z /G3G fo31 7030 /031 s g o 1707 2•0 2057 2001 1030 1"6• �, 7036 /Oi1 - - 7� I1i24 7025 Z 702{ 7025 J .- -_--— J 7030 7025 Z _.-w. ID30 > 1032 7011 7030 70'11 7^130 7031 - _—- > ' _ r-- --r- . . i018 7019 Q 7018 1119 1024 a (� Q(� TOlB 02A 7025 7024!7025- 7024 1024 f0 9 >I,_ _ .�. -- .- 7025 /t9 Hi18 /f�l 3 7012 7.^t3 7012 1^13 w 7018 1319 7.:18 7019 M18 O 7"caRc�RN�, - - 7ot2 700/ zl roos 7007 a -aG6 7oa7 i4 7012 � . '..701'1 7012 ?,".13 7012 7"13 --(� 7886 7006�)� 1000 7001 1000 low z. S f 7007 •o*a 70c7 7006 70:17 -1-_-. 7000 - 70TH AVE N Of- 21OG t°:10 7001 70°0 7001_ 70TH AVE N v, 6931 - 70TH AVE N 691.2.b(JA3 6942•6941 N 6931 c1i.0 ;Qj r 8938 f937 893E 6937 . 6938 .'� v 6930 6931 6930 6911 CAM 6933 •838 m a1 � _ - � 1-° 'L :600 6925 0925 _ 6925 Wf 24 6927 _- IRVING LN N _ .. 6924 X25 e924 � _ X79 __-..-.. 6018 6916 6919 6916 6919 651!1 6921 N - 6912 6913 6912 6013 6812 8915 6912 w _ -- 6906 6907 6906 65.;1 6806 6907 2200 ` 6900 -2100 6900 6901 6900 6x01 6900 Legend 69TH AVE N _ Proposed Single Assessment Proposed Multi Assessment Premously Assessed lProperty cHr Of Assessment Map Elected to be Assessed with Future Protect BRGOAL YN CENTER � ' N` Palmer Lake East Special Assessments - Estimated Amounts & Payment Options Full Street Reconstruction with New Curb and Gutter 2010 Assessment Rates: $3,559 (street) + $1 ,068(drainage) _ $4,627 1 . Pay in full - No interest between March & Sept. 30, 2011 2. Pay in full from Oct. 1 to Nov. 29, 2011 with interest from Oct. 1 3. Pay in installments with property taxes over a 10-year period starting in 2012. Partial prepayments cannot be accepted No Bill will be sent Preliminary Project Schedule • Neighborhood Info Mtg. January 11 , 2011 • Council Receives Report January 24, 2011 • Public Hearing February 14, 2011 • Project Bidding March 2011 • Begin Construction May 2011 • Substantial Completion October 2011 • Tree Replacements Fall 2011 / Spring 2012 City of Brooklyn Center Palmer Lake East Area Neighborhood Street and Utility Improvements Project Staff Recommendations : -Authorize Project -Certify Special Assessments Febalffl-V 11 , 220 11 City Council Agenda Item No. 8e COUNCIL ITEM MEMORANDUM • DATE: February 8, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer SUBJECT: Public Hearings for Unity Avenue Street Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No. 2011 -05, Unity Avenue Street Improvements Resolution Certifying Special Assessments for Improvement Project No. 2011 -05, Unity Avenue Street Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council consider approval of the attached resolutions ordering the Unity Avenue Street Improvements; authorizing preparation of project plans; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on February 14, 2011. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for • Improvement Project No. 2011 -05. The second hearing is to consider certification of proposed special assessments for street improvements for Improvement Project No. 2011 -05. All potentially affected property owners have been notified by certified mail of the date of the public hearings and the amount of the proposed special assessments. L Explanation of Improvements The proposed project includes roadway improvements for the residential neighborhood area referred to as the Unity Avenue area. The project was previously established by the City Council on August 9, 2011, by Resolution 2010 -115. On January 24, 2011, the City Council received the project feasibility report and called for a public hearing to be held on February 14, 2011, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements — Approximately 15 percent of the curb and gutter is estimated to be replaced due to heaving /settling issues, cracked concrete and impacts by other construction (e.g. storm sewer replacement). The existing roadway width will be maintained and is proposed to be constructed to 30 feet. Concrete curbing through driveways will be rehabilitated and replaced as necessary due to heaving /settling issues and impacts by other construction. The proposed street reconstruction does not include changes to the roadway width, alignment or elevation • Mission. Ensuring an attractive, clean vote cotnnnnnty that enhances the qualltt of life and preserves the public trust COUNCIL ITEM MEMORANDUM 2. Storm Drainage Improvements — Minor storm sewer improvements will be made to the • existing system that includes replacing/repairing catch basins and laterals where necessary. Repairs will be made as necessary to the existing sheet pile weir just south of 70 Circle. No storm water treatment improvements are proposed. 3. Water Main Improvements — Only minor miscellaneous repairs are planned for hydrants and valves. No watermain pipe replacement is recommended for this project. 4. Sanitary Sewer Main Improvements — Only minor miscellaneous sanitary sewer repairs are proposed including the replacement of manhole castings and adjustment rings with external seals as part of the City's sanitary sewer infiltration and inflow program to minimize - clean rainwater from entering the sanitary sewer. H. Summary of Assessments Special assessments are proposed as one of several funding sources for the improvements located within the Unity Avenue area. On January 10, 2011, the City Council adopted the 2011 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2011 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately 318 residential (R3) units. Special assessments for residential (R3) properties were calculated at a partial unit assessment rate of $644.07 per unit for street improvements. See the attached Appendix C -Final Pending Assessment Roll and Figure 4- Assessment Map from the project feasibility report. • Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the Clerk prior to the public hearing, or should any person appear at the hearing and object to an assessment, staff recommends that the Council refer any substantive objections to staff for a report back to the Council at a continued hearing. An example might be an issue whereby staff would need to research the history of a particular complaint, and assemble documentation. The Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the Council of options for handling the dispute and potential litigation issues. Payment Options Available to Property Owners Once an assessment roll is adopted by the Council, the owner of each property has the following payment options: 1. Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2011. 2. From October 1, 2011, to the end of the business day on November 29, 2011, a property owner may pay the total assessment, with interest calculated from October 1, 2011, to the • date of payment. Mission: Ensuring an tatracave, elean, safe community that enhances the quality of life ant! preserves the public trust COUNCIL ITEM MEMORANDUM • 3. A ro ert owner may a the assessment over a 10-year period. The first payment will p p Y Yp Y Y p be due with taxes in 2012. The total principle will be payable in annual installments. Interest at 6.0 percent is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current assessment policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street improvements for Improvement Project No. 2011 -05 to the Hennepin County tax rolls is provided for Council consideration upon closing of the second public hearing. Budget Issues: The proposed street improvements are included in the 2011 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $422,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on January 24, 2011. Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 6. We will ensure the City drinking water is high quality and that the storm water is properly managed • M ission: Ensuring an attractive, clean_ safe community that enhances the quality of life andpreserves the public trust Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2011 -05, UNITY AVENUE STREET IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on August 9, 2010, authorized consideration of street improvements in the area generally described as Unity Avenue; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City. Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on January 24, 2011, adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Unity Avenue area; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on February 14, 2011, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the February 14, 2011, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $204,814.26; and WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of. Brooklyn Center, Minnesota, that: 1. Improvement Project No. 2011 -05, Unity Avenue Street Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and • specifications for said improvements. 0 2. This resolution is intended to constitute official intent to issue taxable or tax • iP exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 p and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2 or any successor law, regulation, or ruling. February 14, 2011 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. • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2011 -05, UNITY AVENUE STREET IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 17872; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy No. 17872 for street improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2012, and shall bear interest on the entire assessment at the rate of six (6.0) percent per. annum from October 1, 2011, through December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2011. After September 30, 2011, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2011, through the date of payment. Such payment must be made by the close -of- business November 29, 2011, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the • succeeding year. • RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. February 14, 2011 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. • 73RD AVE N P ONDS DR N F 2 ci 71 STAVE N z 70TH AVE N w z z z w F w w a O Legend o _ L _ ! Project Boundary Propoerties to be Assessed — _ Private Roads - No Construction ® 69TH AVE N _ Construction Area L „ j City Border T CITY of Assessment Map N Public Works BROOKLYN CENTER Engineering Department NENNEPIN COUNTY, MINNESOTA Unity Avenue North January 5, 2010 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • UNITY AVENUE STREET IMPROVEMENTS IMPROVEMENT PROJECT 2011 -05 PROPERTY ID HOUSE NO. & STREET LEVY# STREET NOTES PID: 2811921420010 7121 UNITY AVE N 17872 $ 644.07 PID: 2811921420011 7125 UNITY AVE N 17872 $ 644.07 . PID: 2811921420012 7129 UNITY AVE N 17872 $ 644.07 PID: 2811921420013 7133 UNITY AVE N 17872 $ 644.07 PID: 2811921420014 7137 UNITY AVE N 17872 $ 644.07 PID: 2811921420015 7141 UNITY AVE N 17872 $ 644.07 PID: 2811921420016 7145 UNITY AVE N 17872 $ 644.07 PID: 2811921420019 7120 UNITY AVE N 17872 $ 644.07 PID:2811921420020 5326 71ST CIR 17872 $ 644.07 PID: 2811921420021 5332 71 ST CIR 17872 $ 644.07 PID:2811921420022 5408 71 ST CIR 17872 $ 644.07 PID: 2811921420023 5414 71ST CIR 17872 $ 644.07 PID: 2811921420024 5420 71ST CIR 17872 $ 644.07 PID: 2811921420025 5426 71ST CIR 17872 $ 644.07 PID: 2811921420026 5432 71ST CIR 17872 $ 644.07 AME 811921420027 5438 71ST CIR 17872 $ 644.07 .2811921420028 5444 71ST CIR 17872 $ 644.07 PID: 2811921420031 7152 UNITY AVE N 17872 $ 644.07 PID: 2811921420032 7,156 UNITY AVE N 17872 $ 644.07 PID: 2811921420033 7160 UNITY AVE N 17872 $ 644.07 PID: 2811921420034 7164 UNITY AVE N 17872 $ 644.07 PID: 2811921420035 7168 UNITY AVE N 17872 $ 644.07 PID: 2811921420036 7172 UNITY AVE N 17872 $ 644.07 PID: 2811921420037 7176 UNITY AVE N 17872 $ 644.07 PID: 2811921420038 7180 UNITY AVE N 17872 $ 644.07 PID: 2811921420039 7184 UNITY AVE N 17872 $ 644.07 PID: 2811921420040 7188 UNITY AVE N 17872 $ 644.07 PID: 2811921420041 7192 UNITY AVE N 17872 $ 644.07 PID: 2811921420042 7196 UNITY AVE N 17872 $ 644.07 PID: 2811921420044 5447 72ND CIR 17872 $ 644.07 PID: 2811921420045 5441 72ND CIR 17872 $ 644.07 PID: 2811921420046 5435 172ND CIR 17872 $ 644.07 PID: 2811921420047 5429 72ND CIR 17872 $ 644.07 PID: 2811921420048 5423 72ND CIR 17872 $ 644.07 PID:2811921420049 5417 72ND CIR 17872 $ 644.07 PID:2811921420050 5411 72ND CIR 17872 $ 644.07 INWHI1921420051 5405 72ND CIR 17872 $ 644.07 MW 2811921420052 5359 72ND CIR 17872 $ 644.07 PID: 2811921420053 5353 72ND CIR 17872 $ 644.07 PID: 2811921420054 5347 72ND CIR 117872 $ 644.07 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 UNITY AVENUE STREET IMPROVEMENTS IMPROVEMENT PROJECT 2011 -05 PROPERTY ID HOUSE NO. & STREET LEVY# STREET NOTES PID: 2811921420055 5341 72ND CIR 17872 $ 644.07 PID: 2811921420056 5335 72ND CIR 17872 $ 644.07 PID: 2811921420057 5329 72ND CIR 17872 $ 644.07 PID: 2811921420058 5323 72ND CIR 17872 $ 644.07 PID: 2811921420059 5317 72ND CIR 17872 $ 644.07 PID: 2811921420060 5311 72ND CIR 17872 $ 644.07 PID: 2811921420061 5305 72ND CIR 17872 $ 644.07 PID: 2811921420062 5304 72ND CIR 17872 $ 644.07 PID: 2811921420063 5310 72ND CIR 17872 $ 644.07 PID: 2811921420064 5316 72ND CIR 17872 $ 644.07 PID: 2811921420065 5322 72ND CIR 17872 $ 644.07 PID: 2811921420066 5328 72ND CIR 17872 $ 644.07 PID: 2811921420067 5334 72ND CIR 17872 $ 644.07 P1D: 2811921420068 5340 72ND CIR 17872 $ 644.07 PID: 2811921420069 5346 72ND CIR 17872 $ 644.07 PID: 2811921420070 5352 72ND CIR 17872 $ 644.07 • PID: 2811921420071 5358 72ND CIR 17872 $ 644.07 PID: 2811921420072 5364 72ND CIR 17872 $ 644.07 PID: 2811921420073 5370 72ND CIR 17872 $ 644.07 PID: 2811921420074 5404 72ND CIR 17872 $ 644.07 PID: 2811921420075 5410 72ND CIR 17872 $ 644.07 PID: 2811921420076 5416 72ND CIR 17872 $ 644.07 PID: 2811921420077 5422 72ND CIR 17872 $ 644.07 PID: 2811921420078 5428 72ND CIR 17872 $ 644.07 PID: 2811921420079 5434 72ND CIR 17872 $ 644.07 PID:2811921420080 5440 72ND CIR 17872 $ 644.07 PID: 2811921420081 5446 72ND CIR 17872 $ 644.07 PID: 2811921420082 5452 72ND CIR 17872 $ 644.07 PID: 2811921420083 5458 72ND CIR 17872 $ 644.07 PID: 2811921420084 5464 72ND CIR 17872 $ 644.07 PID: 2811921420085 5470 72ND CIR 17872 $ 644.07 PID: 2811921420087 7149 UNITY AVE N 17872 $ 644.07 PID: 2811921420088 7153 UNITY AVE N 17872 $ 644.07 PID: 2811921420089 7157 UNITY AVE N 17872 $ 644.07 PID: 2811921420090 7161 UNITY AVE N 17872 $ 644.07 PID: 2811921420091 7165 UNITY AVE N 17872 $ 644.07 PID: 2811921420092 7169 UNITY AVE N 17872 $ 644.07 PID: 2811921420093 7173 UNITY AVE N 17872 $ 644.07 PID: 2811921420094 7177 UNITY AVE N 17872 $ 644.07 PID: 2811921420095 7181 UNITY AVE N 17872 $ 644.07 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • UNITY AVENUE STREET IMPROVEMENTS IMPROVEMENT PROJECT 2011 -05 PROPERTY ID HOUSE NO. & STREET LEVY# STREET NOTES PID: 2811921420096 7185 UNITY AVE N 17872 $ 644.07 PID: 2811921420097 7189 UNITY AVE N 17872 $ 644.07 PID: 2811921420098 7193 UNITY AVE N 17872 $ 644.07 PID: 2811921420099 7201 UNITY AVE N 17872 $ 644.07 PID: 2811921420100 7205 UNITY AVE N 17872 $ 644.07 PID: 2811921420101 7209 UNITY AVE N 17872 $ 644.07 PID: 2811921420102 7213 UNITY AVE N 17872 $ 644.07 PID: 2811921420103 7217 UNITY AVE N 17872 $ 644.07 PID: 2811921420104 7221 UNITY AVE N 17872 $ 644.07 PID: 2811921420264 7256 UNITY AVE N 17872 $ 72,135.84 112 units x $644.07 PID: 2811921430047 6900 UNITY AVE N 17872 $ 644.07 PID: 2811921430048 6904 UNITY AVE N 17872 $ 644.07 PID: 2811921430049 6908 UNITY AVE N 17872 $ 644.07 PID: 2811921430050 6912 UNITY AVE N 17872 $ 644.07 PID: 2811921430051 6916 UNITY AVE N 17872 $ 644.07 M11921430052 6920 UNITY AVE N 17872 $ 644.07 PlIP 0 2811921430053 6924 UNITY AVE N 17872 $ 644.07 PID: 2811921430054 6928 UNITY AVE N 17872 $ 644.07 PID: 2811921430055 6932 UNITY AVE N 17872 $ 644.07 PID: 2811921430056 6936 UNITY AVE N 17872 $ 644.07 PID: 2811921430058 6901 UNITY AVE N 17872 $ 644.07 PID: 2811921430059 6905 UNITY AVE N 17872 $ 644.07 PID: 2811921430060 6909 UNITY AVE N 17872 $ 644.07 PID: 2811921430061 6913 UNITY AVE N 17872 $ 644.07 PID: 2811921430062 6917 UNITY AVE N 17872 $ 644.07 PID: 2811921430063 6921 UNITY AVE N 17872 $ 644.07 PID: 2811921430064 6925 UNITY AVE N 17872 $ 644.07 Pi D: 2811921430065 6929 UNITY AVE N 17872 $ 644.07 PID: 2811921430066 6933 UNITY AVE N 17872 $ 644.07 PID: 2811921430067 6937 UNITY AVE N 17872 $ 644.07 PID: 2811921430074 7000 UNITY AVE N 17872 $ 644.07 PID: 2811921430075 7004 UNITY AVE N 17872 $ 644.07 PID: 2811921430076 7008 UNITY AVE N 17872, $ 644.07 PID: 2811921430077 7012 UNITY AVE N 17872 $ 644.07 PID: 2811921430078 7016 UNITY AVE N 17872 $ 644.07 PID: 2811921430079 7020 UNITY AVE N 17872 $ 644.07 811921430081 5431 70TH CIR 17872 $ 644.07 P19. 5425 70TH CIR 17872 $ 644.07 PID: 2811921430083 5419 70TH CIR 17872 $ 644.07 PID:2811921430084 5413 70TH CIR 17872 $ 644.07 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 UNITY AVENUE STREET IMPROVEMENTS • IMPROVEMENT PROJECT 2011 -05 PROPERTY ID HOUSE NO.& STREET LEVY# STREET NOTES PID:2811921430085 5407 70TH CIR 17872 $ 644.07 PID:2811921430086 5401 70TH CIR 17872 $ 644.07 PID:2811921430087 5343 70TH CIR 17872 $ 644.07 PID:2811921430088 5337 70TH CIR 17872 $ 644.07 PID:2811921430089 5331 70TH CIR 17872 $ 644.07 PID:2811921430090 5325 70TH CIR 17872 $ 644.07 PID:2811921430091 5319 70TH CIR 17872 $ 644.07 PID:2811921430092 5313 70TH CIR 17872 $ 644.07 PID:2811921430093 5307 70TH CIR 17872 $ 644.07 PID:2811921430094 5301 70TH CIR 17872 $ 644.07 PID:2811921430095 5300 70TH CIR 17872 $ 644.07 PID:2811921430096 5306 70TH CIR 17872 $ 644.07 PID:2811921430097 5312 70TH CIR 17872 $ 644.07 PID:2811921430098 5318 70TH CIR 17872 $ 644.07 PID:2811921430099 5324 70TH CIR 17872 $ 644.07 PID:2811921430100 5330 70TH CIR 17872 $ 644.07 • PID:2811921430101 5336 70TH CIR 17872 $ 644.07 PID:2811921430102 5342 70TH CIR 17872 $ 644.07 PID:2811921430103 5348 70TH CIR 17872 $ 644.07 PID:2811921430104 5354 70TH CIR 17872 $ 644.07 PID: 2811921430105 5400 70TH CIR 17872 $ 644.07 PID:2811921430106 5406 70TH CIR 17872 $ 644.07 PID:2811921430107 5412 70TH CIR 17872 $ 644.07 PID:2811921430108 5418 70TH CIR 17872 $ 644.07 PID:2811921430109 5424 70TH CIR 17872 $ 644.07 PID:2811921430110 5430 70TH CIR 17872 $ 644.07 PID: 2811921430111 7001 UNITY AVE N 17872 $ 644.07 PID: 2811921430112 7005 UNITY AVE N 17872 $ 644.07 PID: 2811921430113 7009 UNITY AVE N 17872 $ 644.07 PID: 2811921430114 7013 UNITY AVE N 17872 $ 644.07 PID: 2811921430115 7017 UNITY AVE N 17872 $ 644.07 PID: 2811921430116 7021 UNITY AVE N 17872 $ 644.07 PID: 2811921430118 7033 UNITY AVE N 17872 $ 644.07 PID: 2811921430119 7037 UNITY AVE N 17872 $ 644.07 PID: 2811921430120 7041 UNITY AVE N 17872 $ 644.07 PID: 2811921430121 7045 UNITY AVE N 17872 $ 644.07 PID: 2811921430122 7049 UNITY AVE N 17872 $ 644.07 • PID: 2811921430123 7053 UNITY AVE N 17872 $ 644.07 PID: 2811921430125 7064 UNITY AVE N 17872 $ 644.07 PID: 2811921430126 7068 UNITY AVE N 17872 $ 644.07 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • UNITY AVENUE STREET IMPROVEMENTS IMPROVEMENT PROJECT 2011 -05 I PROPERTYID HOUSE NO.& STREET LEVY# STREET NOTES PID: 2811921430127 7072 UNITY AVE N 17872 $ 644.07 PID: 2811921430128 7076 UNITY AVE N 17872 $ 644.07 PID: 2811921430129 7080 UNITY AVE N 17872 $ 644.07 PID: 2811921430130 7084 UNITY AVE N 17872 $ 644.07 PID: 2811921430131 7100 UNITY AVE N 17872 $ 644.07 PID: 2811921430132 7104 UNITY AVE N 1.7872 $ 644.07 PID: 2811921430133 7108 UNITY AVE N 17872 $ 644.07 PID: 2811921430134 7112 UNITY AVE N 17872 $ 644.07 PID: 2811921430136 7057 UNITY AVE N 17872 $ 644.07 . PID: 2811921430137 7061 UNITY AVE N 17872 $ 644.07 PID: 2811921430138 7065 UNITY AVE N 17872 $ 644.07 PID: 2811921430139 7069 UNITY AVE N 17872 $ 644.07 PID: 2811921430140 7073 UNITY AVE N 17872 $ 644.07 PID: 2811921430141 7077 UNITY AVE N 17872 $ 644.07 PID: 2811921430142 7081 UNITY AVE N 17872 $ 644.07 811921430143 7085 UNITY AVE N 17872 $ 644.07 PlIP2811921430144 7101 UNITY AVE N 17872 $ 644.07 PID: 2811921430145 7105 UNITY AVE N 17872 $ 644.07 PID: 2811921430146 7109 UNITY AVE N 17872 $ 644.07 PID: 2811921430147 7113 UNITY AVE N 17872 $ 644.07 PID: 2811921430148 7117 UNITY AVE N 17872 $ 644.07 PID: 2811921430150 7116 UNITY AVE N 17872 $ 644.07 PID: 2811921430152 5433 71 ST CIR 17872 $ 644.07 PID: 2811921430153 5427 71ST CIR 17872 $ 644.07 PID: 2811921430154 5421 71ST CIR 17872 $ 644.07 PID: 2811921430155 5415 71ST CIR 17872 $ 644.07 PID: 2811921430156 5409 71ST CIR 17872 $ 644.07 PID: 2811921430157 5403 71ST CIR 17872 $ 644.07 PID: 2811921430158 5357 71ST CIR 17872 $ 644.07 PID: 2811921430159 5351 71ST CIR 17872 $ 644.07 PID: 2811921430160 5345 71 ST CIR 17872 $ 644.07 PID: 2811921430161 5339 71ST CIR 17872 $ 644.07 PID:2811921430162 5333 71ST CIR 17872 $ 644.07 PID:2811921430163 5327 71ST CIR 17872 $ 644.07 PID: 2811921430164 5321 71ST CIR 17872 $ 644.07 PID: 2811921430165 5315 71ST CIR 17872 $ 644.07 811921430166 5309 71ST CIR 17872 $ 644.07 P'W2811921430167 5303 71ST CIR 17872 $ 644.07 PID: 2811921430168 5302 71ST CIR 17872 $ 644.07 PID:2811921430169 15308 71ST CIR 17872 $ 644.07 CITY OF BROOKLYN CENTER FINAL PENDING ASSESSMENT ROLL February 14, 2011 • UNITY AVENUE STREET IMPROVEMENTS IMPROVEMENT PROJECT 2011 -05 PROPERTYID HOUSE NO.& STREET LEVY# STREET NOTES PID:2811921430170 5314 71ST CIR 17872 $ 644.07 PID:2811921430171 5320 71ST CIR 17872 $ 644.07 PID:2811921430172 5338 71ST CIR 17872 $ 644.07 PID:2811921430173 5344 71ST CIR 17872 $ 644.07 PID: 2811921430174 5350 71ST CIR 17872 $ 644.07 PID:2811921430175 5356 71ST CIR 17872 $ 644.07 PID: 2811921430176 5402 71ST CIR 17872 $ 644.07 Total Assessments $204,814.26 • r-1 O N . ct QUO) O � O � Public Improvement Hearing: Special Assessments • Local public improvements to the City's infrastructure based on State of Minnesota Statute Chapter 429. • Unity Avenue Street Improvements Project No. 2011 -05 T3RDAVE N ------------- _.. r�-------—_ I p DWS DR N i I � 1 f 1 I I , CA ID 71ST AVE ' N I r j 1 1 - i 70TH AVEN i 1 t w z z c w w L n Legend j w —1 L 1 Project B ounda ry - Properties to be Assessed Private Roads W Construction 1 Con struction Area L _I City Border 1 cyty v Public Works ProjectArea BROOKLYN CEN7(R Engineering Department January 5,2010 Unity Avenue North Figure 1 Capital Improvement Program City Initiated Program in iL 1993 Reconstruct Aging Public Streets and Utilities 70.7 miles (67%) Completed 2011 will be the 18tH 111111 Consecutive Year � Projected Completion 2021 � 0 34 Miles Remaining Est. Cost 2011 -2025: $89 million Project Planning Project Need and Evaluation • Sanitary Sewer • Water Main • Storm Drainage • Streets, Sidewalks/Trails • Street Lights • Other Utility Systems Al • Utilities (watermain, sanitary sewer ' and storm sewer constructed in 1977-78 • Review of televised reports — PVC sanitary is in good conditions. No repairs necessary, replace castings as part of I&I. Water Main Breaks&Root Saw Locations 3 watermain breaks, ductile iron Unity Avenue North pipe. Miscellaneous repairs. • Storm sewer in good condition. >; Steel weir repairs and ; r miscellaneous repairs. i ` Pavement Condition (Typical) a ernen -Carat Subgrade (Found 't . B.ituminou►s -Pavement r Material Deterioration, r q a ilk _ _3 Street Reconstruction Proposed . • 30-ft wide roadways . i (matches existing) `'"� • Spot Repairs Curb and Gutter • Full Depth Pavement Reconstruction t 1 MRDAVEN 1 � \ ?VW DR N( ♦♦♦tip., 1 • `��,,__ 1 � � I • r i I 1 1 + 1 ,O 1 tit � ♦, ``�\ P�" � � `� ( ... f C;"qW 1 I! N t It %\♦. ! r.t`\. }w/�w I ♦\♦♦ 71;,7 AVEN �• I r-- 1 1 / � 70THCIRN / t ^ ^ ! << 1 f 70TH AVEN u w 1 1 Legend 1 2 Replace Light • . • . 1./ earH AVE N • Light tDRemain 3n„ Streetlights wcooruccrca Unity Avenue North Preliminary Project Budget Estimated Percent Project Amount Total Special Assessments $ 205,000 48% Water Utility $ 71000 2% Sanitary Sewer Utility $ 199000 4% Storm Drainage Utility $ 25,000 6% Street Light Utility $ 13,000 3% Street Reconstruction Fund $ 155,000 37% Total $ 424,000 100% Note: These are only preliminary estimated amounts. 73RDAVE N -- - PONDS DR N I � 1 f I/ 1 I i ff O 1 1 °a It cr r't y.. I 71 ST AVE N l707NGtRN r--- I I I 1 I = 70TH AVEN t w w w a � f + Legend 0 1 j L 1Project Boundary Propoerties to be Assessed u —?_ Private Roads-W Construction 69 TH AVF N Consnuotion Area L _I City Border nTY Assessment Map Public Works BROOKLYN LLN7(R Engineering Department Unity Avenue North January 5,2010 Special Assessments - Estimated Amounts & Payment Options 2011 Assessment Rate for standard R1 single family home, full depth street reconstruction with curb and gutter spot repairs = $2669.00 2011 Assessment Rates for Unity Avenue R3 = $644.07 (based on front foot basis, divided by total number of units) 1 . Pay in full - No interest between March & Sept. 30, 2011 2. Pay in full from Oct. 1 to Nov. 29, 2011with interest from Oct. 1 3. Pay in installments with property taxes over a 10-year period starting in 2012. Partial prepayments cannot be accepted No Bill will be sent Preliminary Project Schedule • Neighborhood Info Mtg. January 11 , 2011 • Council Receives Report January 24, 2011 • Public Hearing February 14, 2011 • Authorize Bidding February 28, 2011 • Project Bidding March 2011 • Begin Construction May 2011 • Project Completion August 2011 City of Brooklyn Center Unity Avenue Neighborhood Street Improvements Project Staff Recommendations : -Authorize Project -Certify Special Assessments February 14, 2011 e City Council Agenda Item No. 9a 0 i COUNCIL ITEM MEMORANDUM . DATE: February 7, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development x�7 SUBJECT: Planning Commission Application No. 2011 -001 (5939 John Martin Drive — Special Use Permit) Recommendation: It is recommended that the City Council, following consideration of this matter, approve Planning Commission Application No. 2011 -001 Submitted by George Ogbonna for the Umunne Cultural Association for Special Use Permit Approval. Background: On the February 14, 2011 City Council Agenda is Planning Commission Application No. 2011- 001 submitted by George Ogbonna for the Umunne Cultural Association for Special Use Permit Approval to operate an event center. This matter was considered by the Planning Commission at their January 27, 2011 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2011 -001, an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will positively address the community demographic makeup and increasing cultural diversity Mission: Ensuring an attractive, clean, safe community that enhances Ilse quality of life and preserves the public trust Application Filed on 12 -30 -10 • City Council Action Should be Taken By 2 -28 -11 (60 Days) Planning Commission Information Sheet Application No. 2011 -001 Applicant: George Ogbonna on Behalf of the Umunne Cultural Association Location: 5939 John Martin Drive Request: Special Use Permit — for an Event Center Within a C -2 /Central Commerce Overlay District. The applicant, George Ogbonna, on behalf of the Umume Cultural Association is requesting a Special Use Permit to operate an event center for gatherings, graduation ceremonies, weddings, meetings, workshops, holiday celebrations, Mother Day events, and other special events for the Umume Cultural Association of Minnesota, within a 16,960 sq.ft. commercial building located at 5939 John Martin Drive. The attached narrative identifies the Igbos as one of the three major ethnic tribes in Nigeria and describes the Umunme Cultural Association of Minnesota as a non - profit organization dedicated to promoting the Igbo culture through social events to educate their American friends, neighbors, co- workers, classmates, and general public. Additional information relating to the Umume Cultural Association is available at their web site www.umunne.org ZONING The subject property is zoned C -2 /Central Commerce Overlay District. The Central Comerce Overlay District (CC) identifies allowed uses within this overlay district and includes the provisions that all regulations applicable to the underlying zoning classification also apply. Section 35 -2240, Central Commerce Overlay District, Para. 2. (z) includes the following allowed uses: Eating establihsments offering live entertainment; Recreation and amusement places such as motion picture theaters and legitimate theater; Sports arenas, bowling alleys, skating rinks and gymnasiums, and event centers renting space to organizations, trade shows, seminars and entertainment, all provided they do not abut an R1, R2, or R3 zoning district including abutment at a non -major thoroughfare street line. Section 35 -322 C2 Commerce District provides the following uses as a Special Use: 3 (d) Eating establishments offering live entertainment; • 1 -27 -11 Page 1 Recreation and amusement places such as motion picture theaters and legitimate theater; Sports arenas, bowling alleys, skating rinks and gymnasiums, all provided they do not abut an R1, R2, or R3 zoing district including abutment at a non -major thoroughfare street line. While the C -2 District does not include the specific reference to event centers, the listing of special uses does include Clubrooms and Lodges and that these uses typically have areas that are used for meeetings and a variety of events. It is the opinion of staff that this application is most appropriately considered as a Special Use in the C -2 /Central Commerce Overlay District. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS A Special Use Permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The existing lot is located within a development commercial area with the following neighboring properties: To the west is Jani -King, 5930 Shingle Creek Parkway To the east is Tire Plus and New King Buffet, 5927 John Martin Drive To the south is an eight acre lot with the Goldmark Investment Office Building (presently Minnesota School of Business is the major tenant) To the north is the Inland Ryan Commercial Center (attached to Target) The applicants are aware of the issues associated with. compatibility of uses, hours of operation, building and lot maintenance, scheduled garbage removal after events, and parking. • STAFF COMMENT 1 -27 -11 Page 2 Staff has meet with the applicant's architect and reviewed the existing site improvements, which PP g P includes a 119 stall parking lot, a shared access drive with the adjoining property (Tire Plus and New King Buffet), a 16,960 sq. ft. commercial building (last used as the Golden Value Asian Grocery Store/Market), and screened waste area in the southeast corner of the site. The applicant is aware that as part of receiving an occupancy permit for a change in use they will be required to submit revised floor plans to meet the building code requirments, in particular, fire code requirements for this type of building occupancy, maximum building occupancy and egress requirements, restroom facilites (including ADA/ handicap accessiblity), and a review by Metro Council on the Sewer Access Usage of this use. Additionally, plan review and licensing by Hennepin County is required for any food preparation and serving areas. The parking requirements for this type of use is identified under the City's parking standards as one space for every three seats. The existing parking lot would accommodate a building occupancy up to 357 for this type of use. RECOMMENDATION It is recommended_ that the application be approved subject to the following conditions: 1. The maximum occupancy of the building is identified as a condition of the Special Use • Permit i.e. 357 or the maximum occupancy allowed by the building code, whichever is less. 2. This Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation.. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process, including a new Sewer Availability Charge determination by. Metro Council. 4. The necessary permits for food preparation and servicing must be received from Hennepin County Health Department prior to the issuance of Permits. 5. Special Use Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 1 -27 -11 Page 3 Igbos in Minnesota Who We Are The Igbos are one of the three major ethnic tribes in Nigeria known for their enterprising, high academic achievements, and entrepreneurial engagements in Nigeria, most countries in Africa, the world, but especially the United States of America. They are scientists, university professors, business men and women, and infact they are engaged in all aspects of professions. Even though we are traditionally silent in most communities we live and belong to, you will find an Igbo in almost every neighborhood, business and professional work life in most cities around the world. In 1984 a handful of Igbos most of whom were international students in the Twin Cities and a few Igbo professionals in Minnesota felt a need to have a social and cultural community to hurdle up with to celebrate national and Christian holidays; and to celebrate graduations and other milestones together. They gathered, organized, and formed the Umunne Cultural Association of Minnesota [UCAM]. UCAM is a non - profit 501(C)(3) organization. It is also dedicated to promoting Igbo culture through social events to educate our American friends, neighbors, coworkers, classmates, and the general public about our culture and heritage, and to enhance the educational and well being of our children through such programs as our annual Igbofest event — sponsored by Metropolitan Art Council, University of St. Thomas, U.S. Bank systems, WellsFargo Bank, and friends of the Community. • With the growing number of our membership and children of Igbo descent, UCAM expanded its focus to include the Igbo School project. Our Igbo School teaches our children and interested participants, Igbo language, traditions, culture, and cuisine. Over the last five years, University of St. Thomas has underwritten and hosts our annual Youth Education Conference, a weekend symposium with our youths in universities around the country as guest speakers on their academic endeavors, mentoring, and adult guest keynote speakers on education and family. UCAM has many Outreach programs and collaborations with other immigrant communities, mainstream communities, and private partnerships with higher academic institutions in Minnesota, geared towards improving the welfare of our members and academic enrichment of our children. We are proud to say that ALL our children in high schools graduate each year and many have graduated from Ivy League and Minnesota higher education institutions. Because of the continued growth of the Igbo community, UCAM has over the last ten years strived to acquire an Igbo Community Cultural Center where we can broaden our programs in community services to our members, our children and our friends. Also, the high graduation rates of our children and the need to gather to celebrate such milestones as graduations, weddings, meetings, and other special social events in our community. We are happy and proud to finally call City of Brooklyn Center home (our village). We are mostly homeowners and great neighbors to many of our mainstream Americans and hope to be exemplary property owners in the City of Brooklyn Center and to be great neighbors to other business owners around the future Igbo Community Center — Umunne Cultural Association of Minnesota. Signed Building Committee Association Umunne cultural • • 0-b rrwW arc _ 4 \\ 4JWT,Oy �oq�••0 bozo ry ae i C • ac, f 4r4u4 WPAb ` ti� I 3�IM JIM , U If1MGJ�NIftiy Mark Onyenemezu architect • • 763 843 5454 I 763 782 8740 fx Markonye ®msn.com ' I • • s y � .X 3d�«rq e 9 k ¢� " h`f'��CS�`c y p % Q �. 3r( �f £ �� �5x't�'� �'` Y� �• b 3` ¢ �� � � .��a �k«-` � `a`' a e's? ♦ F' � �d�. m,� .+ .4yn t t _ 4 o . ! •• y s B g Ib 1 mg v 7 mm mm MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 27, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:06 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Carlos Morgan, Rachel Morey, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission/Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Stan Leino was absent and excused. APPROVAL OF MINUTES — JANUARY 13, 2011 There was a motion by Commissioner Parks, seconded by Commissioner Morey, to approve the minutes of the January 13, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2011 -001— GEORGE OGBONNA FOR THE UMUNNE CULTURAL ASSOCIATION Chair Rahn introduced Application No. 2011 -001, a request for Special Use Permit approval to operate an event center at 5939 John Martin Drive for gatherings, graduation ceremonies, weddings, meetings, workshops, holiday celebrations, and other special events for the Umunne Cultural Association of Minnesota. Mr. Eitel introduced the Special Use Permit application and explained the request is to operate an event center at the 5939 John Martin Drive building, an approximately 17,000 sq. ft. space. He described the location of the property and the zoning, C -2 (Commerce), which identifies certain permitted uses. This property is also within the City's CC (Central Commerce) Overlay District that encompasses everything from I -94 to Hwy 100, all of Brookdale and to the south of this site. He further explained that the applicant describes the proposed use as an event center for a variety of events and activities associated with the Umunne Cultural Association. This use is allowed as a special use in the C -2 zoning district, providing it does not abut a residential zoned property. Mr. Eitel further explained that based on availability of parking, the building could accommodate a building occupancy up to 357 persons provided all other building code requirements, including fire code requirements, and egress requirements are met. He added that based on the history of this type of use in similarly zoned property, it is a compatible use of the property. PUBLIC HEARING — APPLICATION NO 2011 -001 Page 1 1 -27 -11 There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to open the public hearing on Application No. 2011 -001, at 7:17 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. • Mr. George Ogbonna, on behalf of the Umunne Cultural Association, 3221 138 Ave NW, Andover, Minnesota, introduced himself to the Commission. He introduced the members of his committee that were in attendance with him at the meeting. Mr. Francis Onwualu, 7780 Sommerset Court, Woodbury, Minnesota, introduced himself to the Commission. He stated that the group started in 1984 by a group of members that felt there was a need to get together once a month. It has grown to over 150 members and they are professionals from all walks of life. They originally came here to study, but decided to stay, get married and have children. They have a cultural festival every year and people come from all over the United States to celebrate their culture and background. They searched for over two years to find a building and the building at 5939 John Martin Drive suits their needs for various events and gatherings. Commissioner Schonning stated a concern with access to the site and asked the applicant if they have a plan to deal with parking and egress /ingress from the site during events that may draw a large crowd. He added that he has seen a tight fit with parking at the New King Buffet, which is located next to this building. Mr. Onwualu responded that they did not anticipate a problem and would expect that their property would accommodate their parking needs. Mr. Eitel added that he had not seen any parking being shared from one site to the other, however, traffic and parking could be looked at further to determine if there would be any issues with parking and traffic flow in and out of the site. Commissioner Morey asked how the applicant came to choose the location in Brooklyn Center. Mr. Onwualu stated that it is a great central location for all members and families to gather for events. Councilmember Carol Kleven, 5835 Zenith Avenue North, Brooklyn Center, asked the applicant how often they will be using the building. Mr. Onwualu stated that it will be used mostly on the weekends. Mr. Eitel clarified that churches are not allowed in the CC (Central Commerce) Overlay district and this building will be used for other types of events with no regular church worship services. Mr. George Solomon, 3953 Zane Avenue, Robbinsdale, representing Jani King, is the neighboring property owner. He stated that they purchased the property six years ago and explained that they shared a tight parking configuration with the previous tenant of the building that had low traffic patterns. He added that they have some concerns with parking and would propose that they table their decision until further study can be done and more information gathered. Mr. Solomon pointed out an area that separates the two properties, which he maintains. They have had problems in the past with snow storage on the site along an area designated as a parking area but used as a drive area because of a tight fit for parking. He added that the problem with the site is the potential for heavy parking during their events when 1/3 of the parking spaces are virtually unusable in the winter because this is where snow is stored on the two sites. Mr. Page 2 1 -27 -11 Solomon asked what the hours of operation would be and how many people will be at an event during any given time. He also feels that with the anticipated large crowds gathering for events, it could create issues with his employees and parking. Mr. Eitel stated that no one has the right to trespass on anyone else's property. He also stated that the issue of snow storage and removal can be difficult on the site(s) because of the tight fit for both properties. He suggested that snow may have to be trucked out of the site if it becomes a problem. Mr. Eitel added that he would hope that the two neighboring businesses would be good neighbors and he feels that the applicant plans to be a productive, responsible business owner in the city. He added that it is his understanding that the facility will not be open to the public but open only to members for specific events. He suggested that the two business owners talk and engage in a conversation so there is no infringement on anyone's property and certain property maintenance issues can be coordinated amicably. Commissioner Kuykendall asked the applicant to explain hours of operation and numbers of guests. Mr. Onwualu responded that typically there are 30 to 40 cars and at other times for special events that are maybe 100 cars. He also stated that they attempted to contact Mr. Solomon by phone to talk to him but did not reach him. He added that they are peaceful people who wish to work things out with their neighbors. He added that hours of operation are typically four to midnight. Mr. Ogbonna stated that they have a long relationship as a property owner in St. Paul and have used that property for similar uses with no problems. Mr. Solomon stated that he would be thrilled to see the property mowed since it was not done last year. He added that they are not entirely opposed to this use but would like to see his concerns addressed and stated again that the request be tabled until they can be resolved. Mr. Eitel stated that if the two property owners wish to meet to discuss their concerns that would be appropriate. He added that it is the Commission's role to make a decision on whether or not the application is a compatible use of the property rather than solving a potential working relationship between neighbors. Mr. Solomon again stated that he would like the Commission to clear up his concerns prior to the application being approved and asked them to table the application. Mr. Onwualu responded that he has answered Mr. Solomon's questions and asks the Commission to move forward with a decision tonight. No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2011 -001, at 7:59 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Chair Rahn asked for clarification on landscaping on the back of the site. Mr. Eitel responded that according to the drawings there appears to be some plantings on the site along the back. Page 3 1 -27 -11 Commissioner Parks asked what improvements would be made to the site. Mr. Eitel responded that the applicant will maintain and improve the site but improvements to the building are not part of the approval process for a Special Use Permit application. He added that he expects that • the applicant will make improvements to the site. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION N0.2 011 -001— GEORGE OGBONNA FOR THE UMUNNE CULTURAL ASSOCIATION There was a motion by Commissioner Parks, seconded by Commissioner Morgan, to recommend to the City Council that it approve Application No. 2011 -001, submitted by George 0gbonna for the Umunne Cultural Association for a Special Use Permit to operate an event center at 5939 John Martin Drive subject to the following conditions: 1. The maximum occupancy of the building is identified as a condition of the Special Use Permit i.e. 357 or the maximum occupancy allowed by the building code, whichever is less. 2. This Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process, including a new Sewer Availability Charge determination by Metro Council. 4. The necessary permits for food preparation and servicing must be received from Hennepin County Health Department prior to the issuance of Permits. 5. Special Use Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Voting in favor: Chair Rahn, Commissioners Kuykendall, Morgan, Morey, Parks, and Schonning The motion passed unanimously. The Council will consider the application at its February 14, 2011 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. The applicant was encouraged to meet with the owners of Jani King prior to the application Pp g being presented to the City Council. PRESENTATION: DIANE SANNES — EARTH FEST Ms. Diane Sannes, President of Friends of Brookdale Library, explained the upcoming Earth Fest to be held on April 16, 2011 at the Brooklyn Center High School between 1:00 and 4:00 p.m. Ms. Sannes explained that she received a $5,000 grant for Earth Fest 2011. Ms. Sannes stated that Earth Fest would like to help the Commission obtain the City Council's goals and is inviting the Commission to attend Earth Fest and participate in the event by Page 4 1 -27 -11 manning a booth. Last year there were 60 booths and 400 people attended Earth Fest, they expect this year to be even bigger and better. • OTHER BUSINESS: UPDATE ON THE REDEVELOPMENT OF THE BROOKDALE MALL PROPERTIES (SHINGLE CREEK CROSSINGS) Mr. Eitel stated that representatives for the Brookdale Mall are here to present to the Commission their amended proposal for the redevelopment of the Brookdale Mall Properties. He added that it includes the entire Brookdale site but excludes Sears and Midas. He pointed out that Kohl's and Applebee's are owned separately and are not part of the master plan for redevelopment. He added that the city owned property (old Ground Round building) has been incorporated into the redevelopment plans. Mr. Eitel further explained that 750,000 sq. ft. of the existing mall will be demolished and the first phase of development will be a Wal -Mart with a grocery store. Also included in the plan are several 40,000 sq. ft. junior box stores (tenants unknown at this time) located at various locations throughout the site. Mr. Eitel added that the significance of the buildings on the site adds to the image of a Town Center with the pedestrian walkways, ponding areas, improved traffic flow, and better access to the site. Mr. Will Matzek, representing Brookdale owners, stated that Mr. Eitel explained very well the components of the site. He pointed out the added greenways and explained how the creation of walkways on the site makes it more pedestrian friendly. He further showed the Commission some additional photos of the walkways, entries, lighting and green areas on the site which will create an attractive ingress and egress on the site. Commissioner Kuykendall asked for clarification on where mechanical equipment and the service area would be located on the site with the change in the plan. Ms. Kathy Anderson, Architectural Consortium, explained how the new layout would accommodate screening of the equipment on the site as well as identifying the location and functionality of the buildings and service areas on the site. There was continued discussion among the Commission regarding the location of proposed buildings, ponding area, the use of the creek and the integration of day - lighting on the site. Commissioners Parks and Kuykendall stated that they would like the applicant to consider redesigning the entry to the site from Xerxes Avenue north. They felt that it is an awkward entrance that is confusing. Mr. Matzek stated he appreciates the comments and he will visit the site to assess the entrance and will also discuss it with Mr. Gatlin, the owner of the property. Commissioner Schonning asked if the frontage road along Hwy 100 would remain on the site. Mr. Matzek stated that it would remain with added improvements. Commissioner Parks pointed out the layout of the walkways in relationship to the creek. Mr. Matzek responded that the walking trails were designed to Three Rivers Park standards and added that they do intentionally keep a separation between trails and the creek for safety reasons. DISCUSSION ITEMS: Page 5 1-27-11 EXPANSION OF PARKING LOT AT 1700 FREEWAY BOULEVARD TO ACCOMMODATE MANUFACTURING USE Mr. Eitel introduced a discussion item regarding a business located in Brooklyn Center, Precision, Inc., which is a manufacturing facility employing 80 employees. They currently rent building a space and are considering relocating their company to 1700 Freeway Boulevard. This g • fits their needs; however, parking on the site is not effective for the employees and for truck traffic on the site. The issue being discussed tonight is whether or not the city can accommodate more parking on the site to meet their needs. Mr. Eitel explained that this would involve removing the access off Freeway Boulevard and lining up the access along James Ave /James Circle which creates an 8 ft. boulevard (green strip) area instead of the required 15 ft. green strip area. Mr. Eitel added that by allowing a variance to the required green strip area, it creates additional parking spaces and creates a more efficient traffic flow on the site. Mr. Eitel asked the Commission if they would entertain discussion on this at a future meeting. There was discussion by the Commission regarding alternative parking surfaces and solutions to their parking dilemma. It was the consensus of the Commission to allow further discussion at a future Planning Commission meeting with the applicant. REVIEW OF BUILDING USES AT PALMER LAKE PLAZA INDUSTRIAL BUILDING Mr. Eitel discussed the various uses at the Palmer Lake Plaza building which houses uses such as churches and schools. There is a request to allow a day care facility in this building, however, such a use is not allowed in the I -1 (Industrial) zoning district. He added that most of this building does not house industrial or manufacturing uses at this time. Mr. Eitel explained that many of the tenants are occupying space in the Palmer Lake Plaza • without the benefit of a special use permit approval. He stated that he is asking the Commission if they feel it would be appropriate to have a discussion with the building owner to pursue a `multi - purpose' special use permit for a number of existing uses in the building. He added that this would also involve an amendment to the PUD to allow as a use the daycare component that would be associated with the building and the Brooklyn Center ALS. It was the consensus of the Commission to allow the owner of the Palmer Lake Plaza the opportunity to obtain special use permits for any current tenant that should be operating with city approval under the special use permit process. There was no other business. ADJOURNMENT There was a motion by Commissioner Morey, seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:38 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 6 1 -27 -11 • Ci t g Couneil Agenda Item No. 10a . COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: February 8, 2011 SUBJECT: Hearing for Kelly McDole, 7219 Major Avenue North, Regarding Potentially Dangerous Dog Declaration Recommendation: At its January 24, 2011, meeting, the City Council tabled this item to February 14, 2011. Mr. McDole was unable to attend the January 24, 2001, meeting because of a work - related issue. It is recommended that the City Council remove this item from the table, open the hearing, receive testimony from appellant, close the hearing, and consider upholding the decision of the Animal Control Review Panel, which found there was sufficient evidence to declare Mr. McDole's dog a potentially dangerous dog. Background: Attachment 1 City Code Sections 1 -250 through 1 -300 regarding potentially dangerous and dangerous dogs. Attachment 2 On October 17, 2010, the Police Department issued a notice of potentially dangerous dog declaration and microchipping order to Kelly McDole, 7219 Major Avenue North, Brooklyn Center, Minnesota, for his dog Elvis (attached is a copy of both orders and the police incident report). Attachment 3 On October 18, 2010, a letter was mailed to Mr. McDole notifying him of the potentially dangerous dog registration requirements, as well as the appeal process. Attachment 4 On October 18, 2010, Mr. McDole appealed the potentially dangerous dog declaration and requested a hearing by the Animal Control Review Panel to determine whether the designation is justified. Attachment 5 On November 9, 2010, Assistant City Attorney Mary Tietjen, Kennedy & Graven, mailed a letter to Mr. McDole, acknowledging his request for a hearing and notifying of the date and time of hearing. On November 30, 2010, the Animal Control Review Panel (Mayor Tim Willson and Jerry Low) held Mr. McDole's hearing, which was moderated by Assistant City Attorney Mary Tietjen. i COUNCIL ITEM MEMORANDUM Hearing Regarding Potentially Dangerous Dog Declaration • Page 2 Attachment 6 On December 7, 2010, a letter was mailed to Mr. McDole from the Animal Control Review Panel outlining its decision and findings for the potentially dangerous dog hearing. The panel upheld the potentially dangerous dog declaration. Attachment 7 On December 21, 2010, Mr. McDole appealed the decision of the Animal Control Review Panel and requested a City Council appeal hearing. Attachment 8 On January 3 and January 25, 2011, Mr. McDole was notified of the date and time of the City Council appeal hearing. Budget Issues: There are no budget issues to consider. • Attachment 1 Hearing Regarding Potentially Dangerous Dog Declaration CITY OF BROOKLYN CENTER ANIMALS CHAPTER 1 SECTIONS 1 -250 TO 1 -300 Section 1 -250. DEFINITIONS. For the purposes of Sections 1 -250 through 1 -280, the terms defined in this Section shall have the meaning given them. Terms not defined in this Section shall have the meaning given them in Section 1 -101 of this Code. 1. Dangerous dog. Dangerous dog means any dog that has: a. without provocation, inflicted substantial bodily harm on a human being or domestic animal on public or private property; b. been found to be potentially dangerous. and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals; or C. been determined to be a dangerous dog by the City or any other governmental jurisdiction. 2. Potentially dangerous dog. Potentially dangerous dog means any dog that: a. when unprovoked, has inflicted a bite on a human being or domestic • animal on public or private property; b. when unprovoked, has chased or approached a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; C. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals; or d. has been determined to be a potentially dangerous dog by any other governmental jurisdiction. 3. Proper Enclosure. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. City of Brooklyn Center 1 -1 City Ordinance i 4. Owner. Owner means any person, firm, corporation organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. 5. Great bodily harm. Great bodily harm means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm. 6. Substantial bodily harm. Substantial bodily harm means bodily injury which invokes a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. 7. Animal Control Officer. Animal Control Officer means an individual who has been designated for animal control operations within the jurisdiction of the City. 8. City Manager. City Manager means the City Manager or the City Manager's designee. 9. Provocation. Provocation means an act that an adult could reasonably expect may cause a dog to attack or bite. Section 1 -255. DECLARATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS. 1. Adoption by Reference. Except as otherwise provided in Sections 1 -250 to 1- 300, the regulatory and procedural provisions of Minna Stat. § 347.50 to 347.565 are adopted by reference. 2. Declaration by Police or Animal Control. A police officer, community service officer, or Animal Control Officer may declare a dog to be dangerous or potentially dangerous. 3. Exceptions. a. The provisions of Sections 1 -250 to 1 -300 do not apply to dogs used by law enforcement officials for police work. b. Dogs may not be declared dangerous or potentially dangerous if the threat, injury or danger was sustained by a person who was: i) committing a willful trespass or other tort upon the premises occupied by the owner of the dog; ii) provoking, tormenting, abusing or assaulting the dog, or who can be shown to have a history of repeatedly provoking, tormenting, abusing, or assaulting the dog; or, iii) committing or Cit rookl n Center 1 -2 Cit Ordinance � o f y � attempting to commit a crime. 4. Notice to Owner. If a dog is declared potentially dangerous or dangerous according to the criteria in Section 1 -250 (1) or (2), the Animal Control Officer will give notice, by delivering or mailing it to the owner of the dog, of intent to declare the dog potentially dangerous or dangerous. Such notice shall inform the owner of this designation, the basis for the designation, the procedures for contesting the designation as described in Section 1 -255 (2) (a) and the result of the failure to contest the designation as described in Section 1 -255 (2) (b). Upon receipt of notice of intent, the dog owner must comply with the requirements of Section 1 -270.1 and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous or potentially dangerous. The owner shall be informed of this requirement in the notice of intent. 5. Contesting Declaration of Dangerous or Potentially Dangerous Dogs. a. If the owner of a dog has received a notice of intent under Section 1 -255 (1), the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within 14 days of receipt of the notice of intent. b. If the owner fails to contest the notice of intent within 14 days, the owner • forfeits the right to a hearing and the declaration of the dog as potentially dangerous or dangerous is final. The City Manager will then issue a declaration to the owner and the owner must comply with all applicable requirements of this Section or cause the dog to be humanely destroyed or removed from the City limits. 6. Hearing Procedure. Within ten days after receiving the owner's request for a hearing, the City Manager will notify the dog owner of the hearing date. The hearing will be scheduled within forty -five days. The hearing will be conducted by the Animal Control Review Panel, which will consist of three members, as appointed by the Mayor. The owner may call witnesses and present evidence on his or her behalf. A simple majority of the members of the Panel is necessary for a finding that the dog is either dangerous or potentially dangerous. The Panel WILL inform the owner of its decision in writing and must state the reasons for its decision. 7. Effect of Findings. If the Panel finds that there is a sufficient basis to declare the dog potentially dangerous or dangerous, the owner must immediately comply with all applicable requirements of Section 1 -265 to 1 -270 or immediately cause the dog to be humanely destroyed or removed from the City limits. Ci Ordinance City of Brooklyn Center 1 -3 ty • 8. Appeal. If the owner of the dog disputes the decision of the Panel, the owner may appeal the decision of the Panel to the City Council. An appeal to the City Council must be in writing and submitted to the City Manager within 14 days of the Panel's decision. The owner may appeal the decision of the City Council in accordance with procedures under state law. Section 1 -260. REVIEW OF DECLARATION. Beginning six months after notice is given of intent to declare a dog to be potentially dangerous or dangerous, an owner may request annually that the Animal Control Review Panel review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Panel finds sufficient evidence that the dog's behavior has changed, it may rescind the potentially dangerous or dangerous designation. Section 1 -265. REGISTRATION. 1. Requirement. No person may own a potentially dangerous or dangerous dog in the City unless the dog is registered as provided in this Section. 2. Certificate of Registration. The City Manager will issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence that: a. a proper enclosure exists for the dog and all accesses to the premises are posted with clearly visible warning signs issued or approved by the Animal Control Officer, that there is a potentially dangerous or dangerous dog on the property; b. in the case of a dangerous dog only, a surety bond to be held by the City Clerk has been issued by a surety company authorized to conduct business in this state in a form acceptable to the City Clerk and the City Attorney in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance has been issued by an insurance company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog; C. the owner has paid the annual registration fee as provided for in this Section; and d. the owner has had microchip identification implanted in the dangerous dog or potentially dangerous dog as required under Minn. Stat. § 347.515. 3. Warning Sign. If the City issues a certificate of registration to the owner of a potentially dangerous dog or dangerous dog under Section 1 -265 (2), the City will • City o f Brooklyn Center 1 -4 City Ordinance i provide, for posting on the owner's property, a copy of a warning symbol to • inform children that there is a dangerous dog on the property. The City may charge the dog owner a reasonable fee to cover its administrative costs and the costs of the warning symbol. 4. Fee. The City will charge the owner an annual fee to obtain a certificate of registration for a potentially dangerous or dangerous dog. 5. Tag. A potentially dangerous or dangerous dog registered under this Section must have a tag, issued by the City, identifying the dog as potentially dangerous or dangerous. This tag must be affixed to the dog's collar and worn by the dog at all times. Section 1 -270 POTENTIALLY DANGEROUS AND DANGEROUS DOGS; ADDITIONAL REQUIREMENTS. 1. Enclosure and Proper Restraint. An owner of a potentially dangerous or dangerous dog shall keep the dog, while on the owner's property, in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. 2. Registration Renewal. An owner of a potentially dangerous or dangerous dog must renew the registration of the dog annually until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered as a potentially dangerous or dangerous dog in its new jurisdiction. 3. Death or Transfer. An owner of a potentially dangerous or dangerous dog must notify the City Manger in writing of the death of the dog or its transfer, and must, if requested by the City Manager, execute an affidavit under oath setting forth either the circumstances of the dog's death and disposition or the complete name, address, and telephone number of the person to whom the dog has been transferred. 4. Sterilization. The Animal Control Officer shall require a potentially dangerous or dangerous dog to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days, the Animal Control Officer shall have the animal sterilized at the owner's expense. The owner may contest and appeal a decision requiring a dog to be sterilized in accordance with the procedures set forth in Section 1 -255 (5) (a). 5. Rental Property. A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside must disclose to O City of Brooklyn Center 1 -5 City Ordinance . the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a potentially dangerous or dangerous dog that will reside at the properly. A dog owner, who is currently renting property, must notify the property owner within 14 days of City notification if the dog is newly declared as dangerous or potentially dangerous and the owner keeps the dog on the property. 6. Sale. A person who sells a potentially dangerous or dangerous dog must notify the purchaser that the dog has been declared as potentially dangerous or dangerous. The seller must also notify the City Manager with the new owner's name, address, and telephone number. Section 1 -275. SEIZURE. 1. Immediate Seizure. a. The Animal Control Officer or any police officer or community service officer may immediately seize any potentially dangerous or dangerous dog if: (1) after 14 days after the owner has notice that the dog is potentially dangerous or dangerous, the dog is not registered as required under Section 1 -265 and no appeal has been filed; • (2) in the case of a dangerous dog, after 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or surety coverage as required under Section 1 -265 (2) (b); (3) the dog is not maintained in the proper enclosure; (4) the dog is outside the proper enclosure and not under physical restraint of responsible person as required under Section 1- 270.1; (5) after the owner has been notified that the dog is potentially dangerous or dangerous, the dog bites or attacks a person or domestic animal; or (6) the dog is not sterilized within 30 days pursuant to Section 1- 270.4. b. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. City of Brooklyn Center 1 -6 City Ordinance 2. Reclaimed. A potentially dangerous or dangerous dog seized under Section 1 -275 • (1) may be reclaimed by the owner of the dog upon payment of impounding and boarding presenting f the Animal Control Officer that the d � fees � and rese tm r �r pr to requirements of Section 1 -265 and Section 1 -270 will be met. A dog not reclaimed within seven days of seizure may be disposed of as provided in Minn. Stat. § 35.71, subdivision 3. The owner is liable to the City for costs incurred in confining and disposing of the dog. 3. Subsequent Offenses. If a person has been convicted of a misdemeanor for violating a provision of Section 1 -265 or 1 -270, and the person is charged with a subsequent violation relating to the same dog, the Animal Control Officer must seize the dog. If the owner is convicted of the crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner is responsible for paying the cost of confining and destroying the animal. If the person is not convicted of the crime for which the do was seized, the owner may reclaim the do upon payment to the City of a fee g Y g P for the care and boarding of the dog. If the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under Minn. Stat. § 35.71, subdivision 3. The owner is liable to the City for the costs incurred in confining, impounding and disposing of the dog. 4. Disposition of Seized Dogs. • I a. Right to a Hearing. The owner of any seized dog has the right to a hearing by the Animal Control Review Panel. The notice and hearing requirements in Section 1 -255 will apply to a hearing requested under this section. Any hearing requested under this section will be held within 14 days of the request. In the event that the seizure is upheld by the Panel, actual expenses of the hearing up to a maximum of $1,000 will be the responsibility of the dog owner. The Panel will issue a decision within ten days after the hearing. The decision will be hand - delivered to the dog's owner or delivered via registered mail as soon as practical and a copy will be provided to the Animal Control Officer and City Manager. b. Securi . A person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security must be posted within seven days of the seizure inclusive of the date of seizure. Section 1 -276. RESTRICTIONS ON DOG OWNERSHIP. 1. Dog ownership prohibited. Except as provided in paragraph 3 of this Section, no person may own a dog if the person has been: City of Brooklyn Center 1 -7 City Ordinance a. convicted of a third or subsequent violation of Sections 1 -265 or 1 -270 or Minn. Stat. § 347.515; b. convicted of 2" degree manslaughter due to negligent or intentional use of a dog under a violation under Minn. Stat. § 609.205, clause 4; C. convicted of a gross misdemeanor harm caused by a dog under Minn. Stat. § 609.226, subdivision 1; d. been convicted of a violation under Minn. Stat. § 609.226, subdivision 2; e. had a dog ordered destroyed under Section 1 -280 and been convicted of one or more violations of Section 1 -265, 1 -270, Minn. Stat. § 347.515 or 609.226, subd. 2. 2. Household members. If any member of a household is prohibited from owning a dog under paragraph 1, unless specifically approved with or without restrictions by the City, no person in the household is permitted to own a dog. 3, Dog ownership prohibition review. Beginning three years after a conviction under Section 1 -276 (1) that prohibits a person from owning a dog, and annually thereafter, the person may request in writing to the City Manager that the Animal Control Review Panel review the prohibition. The Panel may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the Panel deems appropriate. The Panel may rescind the prohibition entirely or rescind it with limitations. The Panel also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the Panel rescinds a person's prohibition and the person subsequently fails to comply with any limitations imposed by the City or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the Panel may permanently prohibit the person from owning a dog in this state. Section 1 -280. DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. 1. Circumstances. Notwithstanding Sections 1 -265 to 1 -276, a dog may be ordered destroyed in a proper and humane manner by the Animal Control Officer if the dog: a. inflicted substantial or great bodily harm on a human being on public or private property without provocation; b. inflicted multiple bites on a human being on public or private property City Brook Center 1 -8 Cit Ordinance h' Y �' without provocation; • C. bit multiple human victims on public or private property in the same attack without provocation; d. bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; or 2. Hearing. The Animal Control Officer may not destroy the dog until the dog owner has had the opportunity for a hearing before the Animal Control Review Panel. Section 1 -300. PENALTY. 1. Any person violating the provisions of Sections 1 -265 or 1 -275, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject to penalties specified for misdemeanors in Minn. Stat. § 609.03, as amended from time to time. Each day that a violation exists shall constitute a separate offense. 2. It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to renew the registration of a potentially dangerous or dangerous dog, to fail to account for a dangerous dog's death or change of location where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or change of location where the dog will reside, or to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property. 3. A person who is convicted of a second or subsequent violation of paragraphs (1) or (2) is guilty of a gross misdemeanor. 4. An owner who violates Minn. Stat. § 347.542 or Section 1 -276 of this Code is guilty of a gross misdemeanor. 5. Any household member who knowingly violates Minn. Stat. § 347.542, subdivision 2, or Section 1 -276 of this Code is guilty of a gross misdemeanor. City of Brooklyn Center 1 -9 City Ordinance Attachment 2 Hearing Regarding Potentially Dangerous Dog Declaration Notice of Potentially Dangerous Dog 10 - ,; 6 3q Brooklyn Center Police Depaxme "45 HnmboliU Ave. N Brook" Center, MN %430 -1853 DaW ,1-- •- -1-- -- (70 569- - 111 _ - .._ G �3 —546 Adam 7r�. r�. or cox _ 7 f . s x `grow ,% I _ - - =- = to bo a'Pate�ttegjl v! :. ' 'lire sbonio Cwled dog warms b bade teethe shone MOed ao6 his baa dW� • amM 34730.This � � be _ iimmas ar dam�k an °r pcopat�►- • � IespoetNooZbar 1 tom' �f� � N - no dos leis. ahm mpum 4 dw d or �° , is u aRp� �e of 9"* . id Q, or mw p "k ar pdv me ptgntW. ads= Ilm dog pipx0lumber Tie dos ba a baswm prcpesmitj►.7. 0° tia lmtacl�m�a bljory a�a tha - - - at6vmms ccdamwdc=bOdL be idaeed io be a Dos. `the meenio5 ° maaw 34730. mr aft &d o��,gibaawnseyattb3:dogw8! ifIt - smd ragrd�ad 10 bs t n sash, � a mttaJ�ed as sap's b'l► .. Witba peasoe:tia4 hd& sabmeM bodR rbaasi ate a bsrmiei beiM (a� adamestla s�mil w1 p�anaMm whUs offdw awnds * pw. (� Z. - mom, ft do6 md's�tth�eowoshw���� 3, Bas hem Ito be 1 � arbumsas a< . repaill aclawwIsdr .a . � =�-.� - ::?,,fir :�.�•;* � _ �' r�� W=ochipping Order 1 Bmklya Center Psi Dept -4 6645 Humboldt Ave. N 17 !a Time: f . Brpelcya Center, MN 55430-1853 - .. DM owner. We LV S5 q 3Q ram (wad* jYL c� bu\ -Ak x. Age _2..•— Y N . cota(s): • . Darner is ha+ei�► � tti baste by, a As by j 347313, tt abave §ftd. dog . . vet rinaam bi fe-abanro lisped dog. - - Tbe dog bw been deebred 9 Potmda* DuRiFrume under Mianescta j 34730 - Min ��g tlu � is ft a area P bet o�: (1) t he n erna of** =nbe r, and (4) sign " nerd (2) the microchip's serial ID umber. nand C3) nit f!R m bisA�"°r ba�e d 1n Brooklyn Policx be itopl�ed and the pink otti m comply a Sum ofiap to SIAWwWor More to do ayo•ia anmdmmeau�p�0 by j ap to 90 days. Depuftwat w . t ❑ The dog bas been doebred `Dangulue.nnder Mi mmou $ 347 - 'The veteritmnian n g the mmt bdie:me in the aces praAded bel w. (1) the n ame of th e miccx � ( n and (2) the microcWs saint ID .sad amt 5II ret�mwA Brooklyn t�eaoer ?orux vdam induamed. Zbe microcis g most be iamplaated'amd d1Q Fbk c by a &o of up to S1, sad/or - De t by. a - / Yo ' U V - Fa tD t+o do sa is >< Cm* in tea, to the for too 90 days. a vt01 ataa>za� �o pvvtde tdue same . deogmtoaa dog °°. I hereby receipt Oren abovi order. W==hip bmphnted �pteeatDo�'a '. • . - - 1tw wol # Brooklyn Center Police Department Case 10 -5634 MNO270200 Incident Dog Bite INCIDENT REP ORT offense Code 1 Offense Code 2 offense Code 3 Offense Code 4 Locati 7219 Major Ave N City/state/zip Brooklyn Center, MN 55430 Date Committed ' 10/08/10 Time Committed 1530- 1600hrs Date Reported 10 /11 /10 Time Reported 1300hrs _ - Rev _Dat�meltepo�tMade -_- - - -- - _ Reportin _ - _ --- --- - -_ - -- 10/14/10 1607 Bruce #3279 Assigned To Reference Other Case Transcriptionist DISPOSITION Arrest Pending Inactive Unfounded Exceptionally Cleared (Adult or Juvenile) Dille] lit� Juv Last Name, First, Middle DOB/ C N Nelson, Irven Arthur Address City/Statelzip 8631 Prestwick LN N Brooklyn Park, MN 55443 Home Phone 763.424.6808 M Work Phone Sex Race W Other Juv Last Name, First, Middle DOB/ Address City /StateMp Home Phone Work Phone Race Other Last Name, First, Middle DOB/ Mcdole, Kelly Eugene Address City/Stamp Brookl Center MN 55430 7219 Major Ave N Yn Phone (H) 763.560.48 89 1 Phone (w) 612.743.4856 AKA's Se: Race Ht Wt Build Hair Eyes Last Name, First, Middle DOB/ Address City/Statemp Phone (Ii) Phone (W) AKA's Sex Race Ht Wt Budd Hair Eyes Licen # Year State MakelModel/ se Style Make (coat) Color Veh Impounded (YIN) Veh Involved In A Property Sheet (Y/N) Crime Lab (Y/N) Technician Prints? Photo, Other Total Value of Loss: I, Ben Bruce, a Community Service Officer for the Brooklyn Center Police Department received a call from dispatch that an individual was at the Brooklyn Center Police Department to file a dog bite report that had occurred on October 8 t ', 2010 which was three days before the individual decided to report the incident. I arrived at the police department and spoke with the victim of the dog bite identified as Irven Arthur Nelson that resides 8631 Prestwick Ln N, Brooklyn Park. He handed me a sheet of paper that had all the contact information of the individual that owned the dog that bit him and a short synopsis of what had happened on that day. When I asked NELSON what had happened on October 8 t ', 2010 he stated that he was out delivering door hangers for his church at the residence of 7219 Major Ave N Brooklyn Center - -- and that is where he got bit. He said that he had his back turned to the yard when he was on the front door step of that residence and when he turned around he saw the dog coming at him. He placed his hand out for protection and the dog bit his left hand. He then said that the dog owner came around the comer and saw his hand bleeding and tried to gather some bandages for him. Nelson told me that he had went to the Park Nicollet Urgent Care where he needed to get three stitches to close up the wound. When he was at the police station, his hand was wrapped up so I could not see the wound. He said that the dog owners insurance company has been involved and that the dog owners have been very cooperative with him. I ask NELSON why he wanted to make a police report three days after it had happened and he said that he wanted the police to be informed to try and prevent a kid from being bit. Due to the high volume of calls I had to handle on Oct I V h , 2010 I was not able to get time to go to the residence of 7219 Major Ave N, Brooklyn Center to follow up with what NELSON had told me. I asked another Community Service Officer to attempt and make contact for me since I was not scheduled to work until the following Sunday, October 17 2010. I was told by Community Service Officer Matt Bozowski that he had made contact with the dog owner on October 13'', 2010 and has written a supplemental report to this one. He informed the owner of the 10 day quarantine. He did not deem the dog at the time of contact with the individual because I informed Bozowski I would do it after getting the other side of the story to make my determination. Under the Circumstances of the situation, I will be deeming the dog potentially dangerous. I will make contact with the dog owner on my next shift and explain to the owner what needs to be done. END REPORT i Brooklyn Center Case # 10 -5634 Police Department 1V1 , NO2'70200 T p � Reviewed By/Date MN. 1V MTB Assigned To Reference other Case # Supplemental Narrative ]� Datefrime Report Made 10/13/10 1720 Reporting Officer CSO Bomvs Dos Complainant Name (Last, First Middle) Address City/statemp - DIP- OSITION:. -- _ QArrest _. ® Pending._ _._ .[]Inactive____ Unfounded DEgceptionally Cleared .Adult E]Juvenile Narrative: On 10/13/10 at approximately 0600 hours I CSO Bozovsky received an email from CSO Vojta about some follow up with a dog bite that occurred over the weekend. In the email is stated that CSO Bruce took a report of a dog bite on Monday that occurred over the weekend. CSO Bruce said that he needed someone to stop out at the house where the dog lives which was 7219 Major Ave N in Brooklyn Center to get the owners and dog information. I went out to the house at approximately 1700 hours and made contact with a male who was identified as MCDOLE, Kelly Eugene with a phone number of 763 -560 -4889. MCDOLE stated that he was the homeowner and that he owns the dog. I advised MCDOLE that I was there because of a dog bite incident that happened over the weekend. MCDOLE advised me that the incident happened on Friday, afternoon of last week around 345pm. MCDOLE advised me that he was walking out to his garage and thought that the dogs were br inside the house already so he didn't shut the gate. MCDOLE said that while he was in the garage that his dog which is a White/Brown/Black Male Bulldog/Boxer mix approximately 7 years old got out through the open gate and bit a guy who was on their front step putting up a flier. MCDOLE stated that they didn't see the incident happen and only know what the guy told them. I asked MCDOLE if the dog in question was up to date on its rabies vaccination and he said he was. MCDOLE gave me information off of the rabies tag on the collar of the dog and I wrote it down. The information from the date is Compassionate Care Animal Hospital (Also known as Funks) with a phone number of 763 - 315 -4200 and a tag number of 8741. I advised MCDOLE that as of right now the investigation is continuing and explained about the deeming process of a Potentially Dangerous Dog. I advised MCDOLE that the dog isn't being deemed at this time and that CSO Bruce will decide when he is in next what he would like to do. I advised MCDOLE that due to the bite that occurred that we would have to quarantine the dog for a period of then days. I advised MCDOLE that since the incident occurred five days ago that there would only be five days left of the quarantine process since it goes by the date of the incident. I explained to MCDOLE the rules that the dog would have to be kept separate from other animals and be monitored when outside and brought in right away and wouldn't be able to go on walks during those five days. MCDOLE said that he understood. I asked MCDOLE if he had any questions and he advised me that he didn't. I gave MCDOLE a business card with CSO Bruce's information on it and put my name and number on the back of it and advised MCDOLE to call if he has any questions. I advised MCDOLE that we would be back out on the 18�' of October to do the ten day check and he said he understood. Once back at the PD I contacted Compassionate Care Animal Hospital to obtain a copy of the rabies information. While on the phone I learned that he dogs name was "Elvis ". The female I spoke to faxed the information over and it is attached to this report. Nothing further at this time. CSO Bozovsky #3273 ,Oct, 13 10 03:50p Funk Animal Hosp 7634255145 P•2 Compassionate Care Animal Hospital 7425 Jolly Lane Brooklyn Park, MN 55428 (763) 3154200 Rabies Certificate Patient ID: M591001 Client ID: 135910 Patient Name: Elvis Client Name: Pam McDole Species: Canine Address: 7219 Major Ave N Bu>f ,.American _. - - -- __ - Breed: — -- - �9 Brooktyn Center. MN 55429 S eX: Neutered Male Color. Broom & White Phone: (763)560 - 4889 Markings: Birthday: 10110/2003 Weight 65.30 pounds on 4/13/2010 Tag Number: 8741 Vaccination Date: 4/13/2010 Lot Number: Expiration Date: 4/1312013 Producer. RABDO K / MLV: IGlled Virus Staff Name: Cornerstone License Number i i Brooklyn Center Case # 10 -5634 Police Department ...; MNO270200 Typist Reviewed By/Date MN Supplemental Narrative Assigned To Reference Other Can # Daterrime Report Made 1324 Reporting Officer 10 . .. D Bruce #3279 Complainant Name (Last, First Middle) DOB Address City /Stat&Mp 7219 Major Ave N Brooklyn Center, MN 55430 DISF0SM0N:_.___QArrest ElPending DInactive []Unfounded []Exceptionally Cleared []Adult nJuvenile Narrative: I, Ben Bruce, a Community Service Officer for the Brooklyn Center Police Department, followed up with adog bite case that occurred on October 8, 2010 at 7219 Major Ave N, Brooklyn Center involving the dog "Elvis" at this residence. I spoke with the KELLY EUGENE MCDOLE who is the owner of Elvis and informed that I was at his residence today to deem his dog potentially dangerous for the event that occurred on October 8' 2010. I gave MCDOLE the signed notice of a potential dangerous dog form, the signed micro chipping order form, and explained to him the process of deeming ELVIS potentially dangerous. MCDOLE was informed that he could appeal the process if he thought it was necessary. I told MCDOLE that he had until November 1", 2010 to get the potentially dangerous dog requirements completed. I asked MCDOLE if he had any questions before I left the scene and he had none. END REPORT I Attachment 3 Hearing Regarding Potentially Dangerous Dog Declaration 0 • Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk October 18, 2010 Mr. Kelly Eugene McDole 7219 Major Avenue North Brooklyn Center, MN 55429 RE: Notice of Potentially Dangerous Dog Dear Mr. McDole: The City has received your Notice of Potentially Dangerous Dog dated October 17, 2010. Enclosed is a copy of City Ordinance Sections 1 -250 through 1 -280 relating to the regulation of potentially dangerous dogs. As owner of a potentially dangerous dog, you must comply with the requirements of Section 1- 270(l) and continue to comply with such requirements until the dog is dead or removed from the City, or the City has determined that the dog is not dangerous. REGISTRATION PROCESS 1. Complete the Registration Application for Potentially Dangerous or Dangerous Dog, signs 2. Submit photos showing that a proper enclosure exists for the dog and that "Beware of the Dog" have been posted at every entryway to the premises (your photos will be returned to you or you can e-mail digital photos to sknutson (i�ci.brooklyn- center.mn.us) 3. Submit proof that the dog has had microchip identification implanted; and 4. Submit $35.00 registration fee. 14 calendar days ed • Required application materials are due within s from the date of this letter. Once the requir y application materials have been received, the City Manager will issue a certificate of registration, along with a tag identifying the dog as dangerous or potentially dangerous, which must be affixed to the dog's collar and wom by the dog at all times. The City will also provide for posting on the owner's property one "Beware of the Dog" sign. Potentially Dangerous Dog Registrations expire September 30, and an owner must renew the registration of the dog annually until the dog is deceased. CONTEST /APPEAL THE DANGEROUS DOG DECLARATION Particular attention should be given to Section 1- 255(5)(a) of the City Code of Ordinances, which provides that if an owner of a dog has received a notice of intent, the owner may request that a hearing be conducted to determine whether or not such a designation is justified. Such request must be made in writing and delivered to the City Manager within 14 calendar days of receipt of the notice of intent. Questions regarding the registration of potentially dangerous dogs should be directed to me at 763 -569 -3306 or e- mail sknutson ci.brooklyn- center.mn.us Sincerely, 1� - Sharon Knutson, MMC City Clerk Enclosure 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Num Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ww w. cityofh rooklyncenter. org Attachment 4 Hearing Regarding Potentially Dangerous Dog Declaration �t �l A i - -- _- ---------- ----- -- -- : - -- -- - -- - - - -- - -- - - - -- 0 Attachment 5 Hearing Regarding Potentially Dangerous Dog Declaration Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 • - (612) 337 -9300 telephone Saint Paul (612) 337 -9310 fax $i. Cloud www.kennedy- graven.com C H A R T E R E D Affirmative Action, Equal Opportunity Employer MARY D. T IETJEN Attorney at Law Direct Dial (612) 337 -9277 Email: mtiegen@kennedy- graven.com November 9, 2010 Mr. Kelly McDole _ 7219 Major Avenue North Brooklyn Center, MN 55429 RE: Dangerous Dog Hearing Dear Mr. McDole: On October 18, 2010, the City of Brooklyn Center Police Department issued a notice to you that your dog has been declared "potentially dangerous" under state law and city ordinances. In a letter from you to the City of Brooklyn Center which they received on October 18, 2010, you requested a hearing to determine whether this designation is justified. The City has convened a panel for the hearing. The hearing will take place on November 30, 2010, in the All- America conference room at Brooklyn Center City Hall. Please arrive at City Hall by 6:20 p.m. Please feel free to bring any information to the meeting that you feel may be helpful to the panel in reaching its decision. If you have questions, you may contact me at 612 - 337 -9277 or Sharon Knutson, City Clerk, at 763 -569 -3300. Sincerely, 4 0, / Mary D. Tietjen MDT:peb cc: Mayor Willson (incident report enclosed) Robbie Hiltz (incident report enclosed) Jerry Low (incident report enclosed) CSO Benjamin Bruce #3279 Sergeant Peggy Labatt, Brooklyn Center Police .,/Sharon Knutson, City Clerk Charlie LeFevere, City Attorney 377191 v l MDT BR291 -265 Attachment 6 Hearing Regarding Potentially Dangerous Dog Declaration I City of Brooklyn Center A Millennium Community ecember 7, 2010 • I Mr. Kelly McDole 7219 Major Avenue North Brooklyn Center, MN 55429 RE: Dangerous Dog Hearing Dear Mr. McDole: This letter is the Panel's decision and findings for the dangerous dog hearing that was held on November 30, 2010. The panel members reached a unanimous decision. If you disagree with the Panel's decision, you have the right to appeal to the Brooklyn Center City Council. The appeal must be in writing and submitted to the City Manager within 14 days of the date of this letter. Factual Background Police reports indicate that on October 8, 2010 your dog, Elvis, bit an individual who was at your residence delivering door hangars. The individual reported that Elvis bit him in the left hand and that he received medical treatment, including three stitches to close the wound. Based on the reports and the description of the incident, it appears that a dog bite did occur. City Ordinance Under Brooklyn Center City Code, Section 1 -250, a potentially dangerous dog is any dog that: a) when unprovoked, inflicts bites on a human or domestic animal on public or private property, .. . Panel Decision Based on the evidence, including your testimony at the hearing, the Panel finds that: 1. The incident on October 8, 2010, involved a dog bite to a human. 2. You did not present any evidence to refute that the bite occurred or that Elvis was provoked in any way. 3. Therefore, there is sufficient evidence under City Code Section 1 -250 to declare Elvis a "potentially dangerous dog." 4. The Notice of Potentially Dangerous Dog dated October 17, 2010, is valid and you must comply with all applicable requirements of the City's ordinance and take steps to register the dog with the City. I 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Nu Brooklyn Center, MN 55430 -2199 (763) 569 -3400 Ci ty Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org Mr. Kelly McDole Page 2 Please keep in mind that under Section 1-260 of the City's ordinance you may request that the Ci review the poten tially dangerous dog designation in six months If there is evidence tha your dog's behavior has c hanged and no other incidents have occurred, the Panel m rescind the designation. Feel free to contact Sharon Knutson at (763) 569 -3300 at the City of Brooklyn Center if you have any questions about this letter or the Panel's decision. Ms. Knutson's October 18, 2010, letter (copy enclosed) to you outlines the procedures and requirements for registering your dog with the City. j � Tim Willson J cc: Sharon Knutson, City Clerk Mary D. Tiet en, Assistant City Attorney Sergeant Peggy Labatt, Brooklyn Center Police e Attachment 7 Hearing Regarding Potentially Dangerous Dog Declaration i 11A� � 7219 �J 6p-,4v, REQUEST W (ri f C rT Co UAICI -7 1 1 q�D W� f - `N � 17 E5 (G,/U� � / orb � t !/ /�✓ T� ivy tDocq I!E-:�v/s V kA ,24z • Attachment 8 Hearing Regarding Potentially Dangerous Dog Declaration City of Brooklyn Center A Millennium Community January 3, 2010 Mr. Kelly McDole 7219 Major Avenue North Brooklyn Center, MN 55429 RE: Potentially Dangerous Dog Hearing Dear Mr. McDole: On October 17, 2010, the City of Brooklyn Center Police Department issued a notice to you that your dog Elvis had been declared "potentially dangerous" under state law and City Ordinances. On October 18, 2010, you requested a hearing to determine whether this designation is justified. On November 30, 2010, the City's Animal Control Review Panel held a hearing, at which you were present. On December 7, 2010, a letter was mailed to you of the Animal Control Review Panel's findings that there was sufficient evidence to declare Elvis a potentially dangerous dog. By letter from you dated December 21, 2010, you appealed the Panel's decision and requested a City Council appeal hearing. The Brooklyn Center City Council will hear your appeal on Monday, January 24, 2011, at 7 p.m. or as soon thereafter as the matter may be heard in the City Hall Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430. Please feel free to bring any information with you that you feel may be helpful to the City Council in reaching its decision. Questions should be directed to me at 763 -569 -3306 or sknutson(c�ci.brooklvn- center.mn us Sincerely, 4whk Sharon Knutson, MMC City Clerk 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ww w. cityo fbrooklyncenter. org City of Brooklyn Center A Millennium Community January 25, 2011 • Mr. Kelly McDole 7219 Major Avenue North Brooklyn Center, MN 55429 RE: Potentially Dangerous Dog Hearing Dear Mr. McDole: At approximately 5 p.m. on January 24, 2011, you telephoned to inform that you were not able to attend the City Council appeal hearing scheduled for that evening at 7 p.m. due to a last - minute work conflict. The City Council tabled the appeal hearing regarding the potentially dangerous dog declaration for your dog Elvis. The Brooklyn Center City Council will hear your appeal on Monday, February 14, 2011, at 7 p.m. or as soon thereafter as the matter may be heard in the City Hall Council Chambers, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430. Please feel free to bring any information with you that you feel may be helpful to the City Council • in reaching its decision. Questions should be directed to me at 763 -569 -3306 or sknutson (a,ci.brooklyn - center.mn.us Sincerely, Sharon Knutson, MMC City Clerk 6301 Shingle k Recreation and Community Center Phone & TDD Numb Creek Parkwa y Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ww w. cityo fbrooklyncenter. org City Council Agenda Item No. lOb COUNCIL ITEM MEMORANDUM DATE: February 8, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Making Findings of Fact and Order Relating to Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North) Recommendation: It is recommended that the City Council consider adoption of Resolution Making Findings of Fact and Order Relating to Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North). Background: At its January 24, 2011, meeting, the City Council held a hearing relating to the rental license of Tim and Mary Jo Keenan, Humboldt Properties, LLC, Valley Investment & Management, Inc., for property located at Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North). City Prosecutor Bill Clelland and I provided testimony regarding the alleged violations, specifically relating to delinquent property taxes in the amount of $2,240 and City utilities in the amount of $3,586.73. The licensees, Tim and Mary Jo Keenan, did not appear, although proper notice was given. The City Council directed staff to prepare a resolution making findings of fact and order to revoke the rental dwelling license issued to Tim and Mary Jo Keenan for Humboldt Square Apartments for a period of six months. City Attorney Charlie LeFevere has prepared a resolution making findings of fact and order and it is offered for consideration. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will stabilize and improve residential neighborhoods Alission: 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. RESOLUTION MAKING FINDINGS OF FACT AND ORDER RELATING TO HUMBOLDT SQUARE APARTMENTS (6737 AND 6743 HUMBOLDT AVENUE NORTH) A hearing was held by the Brooklyn Center City Council on the 24th day of January, 2011, at 7:00 pm at the Brooklyn Center City Hall on the matter of the rental license of Humboldt Properties, LLC for Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North) pursuant to Sections 12- 901 and 12 -910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland & Schreder, Brooklyn Center, Minnesota. The licensee did not appear. Having heard and duly considered the evidence presented at the hearing and having given due regard to the frequency and seriousness of the violations, the ease with which the violations could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT • 1. Humboldt Properties, LLC ( "Licensee ") is the holder of a regular rental license for properties located at 6737 and 6743 Humboldt Avenue North that will expire on May 31, 2011. 2. Notice of the hearing was mailed to Licensee. 3. City Code Section 12 -901, paragraph 9 provides that at all times during the term of a rental license, Licensee shall be current in payments of taxes, utilities and assessments. 4. Received in evidence was a copy of the notice of proposed license action and the letter serving the notice, and copies of Hennepin County tax payment status and utility billing history. 5. The City Clerk testified that utility payments totaling $3,586.73 were due and unpaid as of November 27, 2010. Utility charges were partially paid by December 13, 2010 and fully paid on January 10, 2011, and were current as of the date of the hearing. 6. Second half real estate taxes in the amount of $2,240.00 were due and unpaid until January 5, 2011. RESOLUTION NO. • 7. Since 2008 there have been no delinquencies in property taxes or utilities until the delinquencies described above. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license of Humboldt Properties, LLC for the rental dwellings at 6737 and 6743 Humboldt Avenue North is hereby revoked. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12 -901, paragraph 9. No application for a new license will be considered by the City Council until August 13, 2011. 2. This denial and revocation applies to all parts of 6737 and 6743 Humboldt Avenue North. 3. Denial and revocation shall be effective on and from February 14, 2011. . 4. The City Clerk is directed to mail a copy of this Resolution to Licensee. 5. Licensee is advised that Brooklyn Center City Code, Section 12 -910, paragraph 8, prohibits the reletting, rental or occupancy of rental units that are vacant at the time of license denial or revocation and/or that become vacant during the period of revocation and until Licensee has a valid rental license. 6. Licensee is further advised that Brooklyn Center City Code, Section 12 -910, paragraph 8 also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue a new license. • RESOLUTION NO. • By Order of the City Council of the City of Brooklyn Center this 14th day of February, 2011. February 14, 2011 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. • • Materials provided at the January 24, 2011, City Council meeting • • COUNCIL ITEM MEMORANDUM DATE: January 18, 2011 • TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Hearing for Humboldt Properties, LLC, Valley Investment & Management, Inc., Regarding Rental Property Located at Humboldt Square Apartments (6737 and 6743 Humboldt Avenue North) Recommendation: It is recommended that the City Council: 1. Receive Staff report. 2. Open thehearing to receive applicant testimony. 3. Close the hearing. 4. Direct Staff to prepare a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental license for Humboldt Square Apartments. Background: City Code Section 12 -901, subd. 9, states, "Licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. Licensees with less than three units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due." The property located at 6737 and 6743 Humboldt Avenue North is an apartment complex known as Humboldt Square Apartments (2 buildings with 18 units). • City and County taxpayer records indicate owner as Humboldt Properties, LLC, Valley Investment & Management Inc., Central Bank Building, 5995 Oren Avenue North, Stillwater, MN 55082 • City rental dwelling license application records indicate owner as Humboldt Properties, LLC (officers Timothy B. Keenan and Mary Jo Keenan), 5995 Oren Avenue North, Stillwater, MN 55082 • August 24, 2009 — City Council approves issuance of renewal rental dwelling license for Humboldt Square Apartments with expiration date of May 31, 2011 • November 27, 2010 — City Assessor notifies City Clerk that Humboldt Square Apartments has delinquent second half 2010 property taxes • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • November 27, 2010 — City Clerk inquires and Utility Billing Clerk notifies that utilities were not current ($3,586.73 total) • November 29, 2010 — City Clerk sends letter to Humboldt Properties, LLC, Valley Investment & Management, Inc. notifying of delinquent taxes and utilities • December 13, 2010 — City Clerk notifies City Prosecutor that property taxes and utilities were still not current (taxes $2,240; utilities $1,282.26) • December 20, 2010 — City Prosecutor mailed letter and notice of proposed license action • January 13, 2011 — Hennepin County confirms that payment was made on January 5, 2011, and property taxes are current • January 13, 2011 — Utility Billing Clerk confirms that payment was made on January 10, 2011, and utilities are current History of Unpaid Property Taxes and City Utilities At its May 24, 2010, Work Session, the City Council requested that Staff identify the frequency of offenses to help the Council determine any sanctions. Since 2008, there have been no prior delinquencies in property taxes or City utilities for Humboldt Square Apartments. Information prior to 2008 is not available. Budget Issues: There are no budget issues to consider. • Council Goals: Strategic: We will stabilize and improve residential neighborhoods Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public. trust COUNCIL ITEM MEMORANDUM EXCERPT FROM MAY 24, 2010, CITY COUNCIL WORK SESSION MINUTES APARTMENTS WITH DELINQUENT PAYMENTS POLICY • City Manager Curt Boganey reviewed the Council's past discussion whether rental property owners should be allowed to avoid the revocation or suspension hearing by making payments prior to the schedule hearing. The Council also questioned whether there should be additional penalties /fines to cover the City's costs to publish and mail notice of the hearing. Additional issues are whether all violators should be treated the same or consideration given to first -time offenders as opposed to repeat offenders. Mr. LeFevere stated the Council can also consider whether it wants to treat nonpayment of taxes and nonpayment of utilities at the same level of seriousness. He reviewed the details of his May 20, 2010, e -mail to City Manager Boganey that listed issues to consider in the formulation of a policy on the imposition of sanctions on rental properties that are not current in payment of taxes and/or utilities. Mr. LeFevere clarified that imposition of monetary penalties is not applicable to payment of taxes because that is County matter. The City currently charges penalties for nonpayment of utilities through an administrative penalty process. He explained the Council needed to look at this matter in the context of the Housing Ordinance; aesthetic violation versus life /safety violation, so the most serious penalty imposed is for violations deemed to be the most serious. The Council discussed each of the six issues put forward by Mr. LeFevere and reached the following consensus: 1. Does the Council wish to establish a reminder and ace period for payments? gr p p ym The Council discussed whether a 30 -day grace period was warranted and it was noted that the current process already includes a grace period. The Council agreed that the goal is to create responsible ownership of rental properties and creating a grace period would result in additional staff "babysitting" and overhead costs. 2. Does the Council wish to impose an administrative fine to encourage compliance without a hearing? Mr. LeFevere advised that the fine cannot be imposed the same day because all of the processes take some time. He asked when does the liability occur and if it should be one day after payment is due. He described several options for consideration, such as sending a reminder for the first violation with no consequence if paid in a week, no grace period if a second violation, and imposition of an administration penalty with a hearing if not paid within a certain period of time. In addition, if a hearing is scheduled for a first -time offender, there may be a different penalty depending on the number of violations with the same person. Following discussion, the consensus of the Council was to impose an administrative fine to encourage compliance and that the fine be set at a level to cover the City's costs and provide sufficient incentive to pay the utility bill as opposed to other bills. Mission: Ensuring an attractive, clean, safe community that enhances the quality of Life and preserves the public trust COUNCIL ITEM MEMORANDUM 3. Once the policy calls for setting a hearing, the notice of hearing should inform the licensee of any relevant policy provisions. The consensus of the Council was to support Question #3 because it allows the Council, if desired, to consider past violations when imposing a penalty. 4. If the licensee pays before the hearing, does the Council wish to cancel the hearing? Mayor Willson suggested cancellation the hearing if payment is made in advance of the hearing. He asked what would be considered at the hearing if the violation had been remedied. Councilmember Lasman spoke against canceling the hearing because some rental owners make the payment after the City has expended costs to schedule and notice the hearing. She stated it is her opinion that administrative fines weaken, not strengthen, the situation. Mayor Willson asked why a hearing would be needed if guidelines are adopted. Mr. LeFevere explained the City has to hold the hearing to gather evidence from staff to prove that the violation occurred and hear from the property owner. He noted the ordinance requires the Council to state rationale and findings. Mayor Willson noted the hearing can only be held after payment if there is an ability to impose an administrative fine to cover staff and hearing costs. • Following further discussion, the consensus of the Council was to not cancel the hearing if the violation is remedied prior to the hearing date. 5. If the matter proceeds to a hearing, the Council should take into consideration whether the licensee paid the delinquent amount before the hearing. The consensus of the Council was to remain firm on ordinance enforcement and to hold rental owners accountable; however, leniency may be considered for first -time violators. 6. If the matter proceeds to hearing, the Council may wish to consider including a guideline about the imposition of penalties. It was noted that establishing guidelines and policies on the consequences would protect the City and create a better position to defend the City should a lawsuit claim unfair treatment. Mr. LeFevere agreed that if the City has a policy, it removes the argument by someone that they are not being treated the same. Mr. LeFevere advised that a late payment resulting in a sanction of a six -month to one -year revocation, may result in rental owners being quick to bring legal challenges. That is why staff needs specific direction, to assure consistency so if legally challenged it can be proven that everyone has been treated the same way. • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Mayor Willson stated the last sentence indicating "that evidence introduced at the hearing ... may result in the imposition of a greater or lesser penalty" has some merit. He noted the rental owner is provided with the ordinance when the license is pulled so he did not understand why the City had to consider leniency. Mr. LeFevere advised that under the Code the Council can consider a range from doing nothing to a one -year revocation. If the Council establishes guidelines for the future, then all know what happens with first, second, or third violations. However, there may be some cases where the facts may find those guidelines are not appropriate. He explained if the City follows that guideline, it is considered to be acting reasonably and rationally. If not using the guideline, the City would need to cite rationale. Mayor Willson asked whether the Council would still consider revocation if payment is made the day before or the day of the hearing. Mr. LeFevere advised that the rental owner paying the day before means they are no longer in violation; however, the owner was in violation when the hearing was noticed. He pointed out that most of the time, when the Council considers revocation or suspension of the license, it may be after the violations were cured. The offense does not stop just because it is corrected, and the City can sanction the behavior. If challenged, the court will decide whether the Council's action was a reasonable response under the City Code based on the nature and seriousness of the offense. The Council discussed the options and agreed that it is difficult to impose a law to achieve automatic compliance. However, the Council can take one step at this point and determine to hold the hearing even if payment is made. With regard to consideration of repeat violators, it was indicated that will be determined by the • Council upon hearing the case and receiving staff's report on the history of the property. It was noted that whether a first -time or repeat violator, the hearing will be held but the Council's response could be different. Mr. LeFevere recapped the Council's discussion that the start of the process will not change up to the point of giving notice. Staff will assure those procedures are routine and consistent and all are treated the same. Once it goes to a hearing, the notice of hearing will indicate that the hearing will be held even if the violation is resolved and also identify the frequency of offense. During the hearing, all offenses would be addressed by the Council when considering whether to impose a penalty. Mr. LeFevere advised that staff and the prosecuting attorney are in agreement that if imposing more severe sanctions for repeat violators, those violations need to be listed in the notice of hearing. The notice will indicate the Council will consider imposition of sanctions, list the violations, and that hearing will be held whether or not payment is made prior to the hearing. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Hennepin County Property Information Page 1 of 1 VrWW. - HENNEPIN COUNTY TREASURER A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 35- 119 -21 -11 -0002 Property Address: 6737 HUMBOLDT AVE N BROOKLYN CENTER Owner Name: HUM 3OLDT PROPERTIES LLC Taxpayer Name and Address: VALLEY INVESTMENT & MNGT INC CENTRAL BANK BUILDING 5995 OREN AVE N There are no prior year taxes due on this property. It is anticipated that 2011 Taxes will be available on this web site approximately March 1, 2011. https: / /wwwl6.co.hennepin.nm.us /taxpayments /taxesdue.jsp ?pid = 3511921110002 01/12/2011 Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk • November 29, 2010 ORDINANCE VIOLATION NOTICE Humboldt Properties LLC Tim and Mary Jo Keenan Valley Investment & Management Inc. 14524 61 st Street Ct N Central Bank Building Stillwater, MN 55082 5995 Oren Avenue North Stillwater, MN 55082 RE: Rental Property Located at: Humboldt Square Apartments 6737 and 6743 Humboldt Avenue North PID# 35- 119 -21 -11 -0002 Dear Property Owner: Section 12- 901(9) states that licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. City records indicate that there are both taxes and utilities owed for this property. Property taxes and utilities must be paid in full to retain a rental dwelling license. Please submit payment for utilities to the City of Brooklyn Center and payment for taxes to Hennepin County Government Center, 300 S 6th Street, Administrative Tower A -600, Minneapolis, MN 55487- 0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the rental property will result in legal prosecution by the City. FAILURE TO COMPLY AND BE CURRENT ON PROPERTY TAXES AND UTILITIES BY DECEMBER 9, 2010, WILL RESULT IN A HEARING BEFORE THE CITY COUNCIL, WHEREBY SANCTIONS MAY BE IMPOSED WHETHER OR NOT PAYMENT OF THE PROPERTY TAXES AND UTILITIES ARE MADE PRIOR TO THE HEARING. If payment has been made, please disregard this notice, as I will consult with the City Assessor after your due date. Any questions regarding taxes may be directed to Hennepin County at 612 - 348 -3011. Questions regarding utilities can be directed to the City utility billing division at 763 -569 -3390. Sincerely, i Sharon Knutson City Clerk 6301 Shingle Creek Parkway Recreation and .Community Center Phone & TDD Number" Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityof brooklyncenter. org 20 December 2010 By Certified Mail and U.S. Mail Humboldt Properties, LLC Valley Investments and Management, Inc. 5995 Oren Avenue N. Stillwater, Minnesota 55082 Tim and Mary Jo Keenan 14524 61" Street, Court N Stillwater, Minnesota 55082 RE: Notice of proposed license action . Dear Sir, Enclosed herewith and served upon you is a notice of proposed action against your rental license for that premises known as Humboldt Square. The only exception to an action based upon failure to pay real property taxes in a timely manner is a lawsuit maintained by you challenging the amount and/or validity of the tax. You must make an application to the Council for relief, if such a lawsuit is pending. You are further advised that an action against the license is not the sole or exclusive remedy available to the City and the City reserves the right for further proceedings. You are still further advised that payment of the tax, utilities and other amounts due, prior to the hearing, will not cause the hearing to be stricken. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland Prosecuting Attorney cc City Manage, Assistant City Manager LeFevere NOTICE OF PROPOSED LICENSE ACTION You are hereby notified, pursuant to Section 12 -910 of the ordinances of the City of Brooklyn Center, that a hearing before the City Council shall be held on the 24 th day of i Jams 2011 at 7:00 m o'clock at the Brooklyn Center City Hall 6301 Shingle Creek Parkway, �' P Yn tY � g Y, Brooklyn Center, Minnesota 55430, at which time the City Council shall consider the revocation, suspension or non renewal of the rental license held by Humboldt Properties, LLC and Tim and Mary Jo Keenan for that apartment complex known as Humboldt Square, located at 6737 and 6743 Humboldt Avenue N. Brooklyn Center, Minnesota. The grounds for this license action are the failure of the licensee to completely pay the year 2010 real property taxes, now due and overdue in the principal amount of $2,000, together with applicable penalties in the amount of $240 and failure to pay city- provided utilities now overdue and delinquent in the total amounts of $1,282.26, together with any applicable interest and penalties. Section 12 -901 subd 4 provides that as a condition of acquiring a rental license and maintaining a rental license, the licensee must be current on payments for all assessments, taxes and utilities. Section 12 -910 provides for the revocation, suspension or non renewal of a rental license for, inter alia, failure to operate or maintain the license premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12. YOU ARE ADVISED THAT PAYMENT OF THE TAXES, UTILITIES, PENALTIES AND INTEREST PRIOR TO THE HEARING WILL NOT CAUSE THE HEARING TO BE STRICKEN. YOU SHOULD BE PREPARED TO ADDRESS THIS VIOLATION OF THE CITY CODE AT THIS HEARING. City Council Agenda Item No. lOc COUNCIL ITEM MEMORANDUM DATE: February 8, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Resolution Making Findings of Fact and Order Relating to Brookhaven Apartments (3907, 390 9 , and 3911 65th Avenue North) Recommendation: It is recommended that the City Council consider adoption of Resolution Making Findings of Fact and Order Relating to Brookhaven Apartments (3907, 3909, and 3911 65th Avenue North). Background: At its January 24, 2011, meeting, the City Council held a hearing relating to the rental license of Hyder Jaweed, Holdingford Investments, LLC for property located at Brookhaven Apartments (3907, 3909, and 3911 65th Avenue North). City Prosecutor Bill Clelland and I provided testimony regarding the alleged violations, specifically relating to delinquent property taxes in the amount of $63,698.17 and City utilities in the amount of $9,953.26. The licensee, Hyder Jaweed, did not appear, although proper notice was given. The City Council directed staff to prepare a resolution making findings of fact and order to revoke the rental dwelling license issued to Hyder Jaweed for Brookhaven Apartments for a period of one year. City Attorney Charlie LeFevere has prepared a resolution making findings of fact and order and it is offered for consideration. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will stabilize and improve residential neighborhoods 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 MAKING FINDINGS OF FACT AND ORDER RELATING TO BROOKHAVEN APARTMENTS (3907, 3909, AND 3911 65TH AVENUE NORTH) A hearing was held by the Brooklyn Center City Council on the 24th day of January, 2011, at 7:00 pm at the Brooklyn Center City Hall on the matter of the rental license of Holdingford Investments LLC for Brookhaven Apartments (3907, 3909 and 3911 65th Avenue North) pursuant to Sections 12 -901 and 12 -910 of the Brooklyn Center City Code. City staff, presenting the alleged violations, was represented by William G. Clelland, Esq., Carson, Clelland & Schreder, Brooklyn Center, Minnesota. The licensee did not appear although there was an appearance by Ms. Heidi Rederath representing Steve Scott Management, which has been appointed receiver for the property at the request of CenterPoint Energy, the mortgagee. Having heard and duly considered the evidence presented at the hearing and having given due regard to the frequency and seriousness of the violations, the ease with which the violations could have been cured or avoided and good faith efforts to comply, the Council makes the following FINDINGS OF FACT and ORDER: • FINDINGS OF FACT 1. Holdingford Investments LLC ( "Licensee ") is the holder of a regular rental license for properties located at 3907, 3909 and 3911 65th Avenue North that expired October 31, 2010. Licensee submitted an application for renewal on August 2, 2010. 2. Notice of the hearing was mailed to Licensee. 3. City Code Section 12 -901, paragraph 9 provides that at all times during the term of a rental license, Licensee shall be current in payments of taxes, utilities and assessments. 4. Received in evidence was a copy of the notice of proposed license action and the letter serving the notice, and copies of Hennepin County tax payment status and utility billing history. 5. The City Clerk testified that utility payments totaling $9,953.26 and property taxes in the amount of $63,698.17 were due and not paid as of the date notice was given to Licensee and as of the date of the hearing. • i • RESOLUTION NO. 6. The City Clerk testified that taxes were not paid when due but were paid only after notice was given to Licensee for first half property taxes in 2008, second half property taxes in 2008, first half property taxes in 2009, and second half property taxes in 2009. The City Council set a hearing for license action when first half taxes were unpaid for 2010 and canceled the hearing upon notification that the taxes had been paid. The City did not learn until it received notice that second half property taxes for 2010 were unpaid that the payment for first half 2010 taxes were paid with a check that was returned as Non - Sufficient Funds. BASED UPON SAID FINDINGS, the City Council now makes the following ORDER 1. The rental housing license application by Holdingford Investments LLC for the rental dwellings at 3907, 3909 and 3911 65th Avenue North is hereby denied. The denial of the application has the effect of a revocation. No application for a new license shall be granted unless all payments are current in accordance with City Code, Section 12 -901, paragraph 9. No application • for a new license will be considered by the City Council until February 13, 2012. 2. This denial and revocation applies to all parts of 3907, 3909 and 3911— 65th Avenue North. 3. Denial and revocation shall be effective on and from February 14, 2011. 4. The City Clerk is directed to mail a copy of this Resolution to Licensee. 5. Licensee is advised that Brooklyn Center City Code, Section 12 -910, paragraph 8, prohibits the reletting, rental or occupancy of rental units that are vacant at the time of license denial or revocation and/or that become vacant during the period of revocation and until Licensee has a valid rental license. 6. Licensee is further advised that Brooklyn Center City Code, Section 12 -910, paragraph 8 also provides that revocation shall not excuse the owner from compliance with all terms of state law and codes and the City Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all the terms of the City Code, Chapter 12 during the term of the revocation is a misdemeanor and grounds for a decision not to issue anew license. RESOLUTION NO. • By Order of the City Council of the City of Brooklyn Center this 14th day of February, 2011. February 14, 2011 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. • • Materials provided at the January 24, 2011, City Council meeting • • COUNCIL ITEM MEMORANDUM DATE: January 18, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Hearing for Hyder Jaweed, Holdingford Investments, LLC, Regarding Rental Property Located at Brookhaven Apartments (3907, 3909, and 3911 65th Avenue North) Recommendation: It is recommended that the City Council: 1. Receive Staff report. 2. Open the hearing to receive applicant testimony. 3. Close the hearing. 4. Direct Staff to prepare a resolution for the next City Council meeting with findings of fact to either suspend or revoke the rental license for Brookhaven Apartments. Background: City Code Section 12 -901, subd. 9, states, "Licensees with three or more units must be current on o the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. Licensees with less than three units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder prior to issuance or renewal of a license. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof that remain unpaid for a period exceeding one (1) year after becoming due." The property located at 3907, 3909, and 3911 65 Avenue North is an apartment complex known as Brookhaven Apartments (3 buildings with 54 units). • City and County taxpayer records indicate owner as Holdingford Investments LLC, P.O. Box 120728, St. Paul MN 55112 • City rental dwelling license application records indicate owner as Hyder Jaweed, Holdingford Investments, LLC, 3 Blue Spruce Court, North Oaks MN 55112 • Secretary of State business records indicate Holdingford Investments LLC is located at 3 Blue Spruce Court, North Oaks MN 55112; original date of filing 11/13/2007 • August 2, 2010 — Hyder Jaweed submits renewal rental dwelling license application (current license to expire October 31, 2010) Rlission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • August 3, 2010 — City notifies Hyder Jaweed that application is received and applicant must be current on taxes and utilities • November 27, 2010 — City Assessor notifies City Clerk that Brookhaven Apartments has delinquent first half and second half 2010 property taxes • November 27, 2010 — City Clerk inquires and Utility Billing Clerk notifies that utilities were not current ($9,048.42 total) • November 29, 2010 — City Clerk sends letter to Holdingford Investments LLC notifying of delinquent taxes and utilities • November 30, 2010 — City Clerk calls Hennepin County Taxpayer Services Department to inquire about 2010 property taxes for Brookhaven. A payment was made on July 19, 2010, in the amount of $30,200.53 and another payment of $30,200.53 was made on August 5, 2010; however, the checks were NSF (Non- Sufficient Funds) on July 27 and August 16, respectively. • December 13, 2010 — City Clerk notifies City Prosecutor that property taxes and utilities were not current and no payment had been made since the notification letter was mailed (taxes $62,063.48; utilities $9,948.42) • January 7, 2011 — City Prosecutor mailed letter and notice of proposed license action • January 18, 2011 — Hennepin County confirms 2010 property taxes plus penalties and interest are unpaid in the amount of $63,698.17, a violation of City Code Section 12 -901 ( • January 18, 2011 — Utility Billing Clerk confirms that utilities are not current in the amount of $9,953.26 ($3,739.48 for 3907 65th; $3,041.67 for 3909 65th; $3,172.11 for 3911 65th), a violation of City Code Section 12 -901 (9) History of Unpaid Property Taxes and City Utilities At its May 24, 2010, Work Session, the City Council requested that Staff identify the frequency of offenses to help the Council determine any sanctions. Following is the history for Brookhaven. First Half 2008 Property Taxes (due May 15) June 6, 2008 — City mailed notification letter for unpaid taxes. Taxes were paid prior to Council hearing notification. Second Half 2008 Property Taxes (due October 15) January 29, 2009 — City mailed notification letter for unpaid taxes. Taxes were paid prior to Council hearing notification. First Half 2009 Property Taxes (due May 15) June 11, 2009 — City Prosecutor mailed letter and notice of proposed license action. Hearing was scheduled and on the Council agenda for July 13, 2009; however, on July 13, 2009, Brookhaven's attorney notified that property taxes and City utilities had been paid, so hearing was canceled. Mission: Ensuring; an attractive, clean, safe community that enhances the quality of life and preserves the public. trust COUNCIL ITEM MEMORANDUM Second Half 2009 Pro e rtv Taxes due October 15 p January 19, 2010 — City mailed notification letter for unpaid taxes, as well as unpaid City utilities. On March 1, 2010, City Prosecutor mailed letter and notice of proposed license action. Hearing was scheduled and on Council agenda for April 12, 2010; however, on April 12, 2010, City Prosecutor was notified by Brookhaven's attorney that property taxes and City utilities had been paid, so hearing was canceled. First Half 2010 Property Taxes July 6, 2010 — City mailed notification letter for unpaid taxes, as well as unpaid City utilities. Taxes and City utilities were paid prior to Council hearing notification. It should be noted that the check was returned as Non - Sufficient Funds on July 27, 2010; however, the City was not aware of this until checking to confirm the second half taxes 2010 were paid and current. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: We will stabilize and improve residential neighborhoods • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the Public trust COUNCIL ITEM MEMORANDUM EXCERPT 24 IL WORK SESSION MINUTES C T FROM MAY , 2010, CITY COUNCIL APARTMENTS WITH DELINQUENT PAYMENTS POLICY City Manager Curt Boganey reviewed the Council's past discussion whether rental property owners should be allowed to avoid the revocation or suspension hearing by making payments prior to the schedule hearing. The Council also questioned whether there should be additional penalties /fines to cover the City's costs to publish and mail notice of the hearing. Additional issues are whether all violators should be treated the same or consideration given to first -time offenders as opposed to repeat offenders. Mr. LeFevere stated the Council can also consider whether it wants to treat nonpayment of taxes and nonpayment of utilities at the same level of seriousness. He reviewed the details of his May 20, 2010, e-mail to City Manager Boganey that listed issues to consider in the formulation of a policy on the imposition of sanctions on rental properties that are not current in payment of taxes and/or utilities. Mr. LeFevere clarified that imposition of monetary penalties is not applicable to payment of taxes because that is County matter. The City currently charges penalties for nonpayment of utilities through an administrative penalty process. He explained the Council needed to look at this matter in the context of the Housing Ordinance; aesthetic violation versus life /safety violation, so the most serious penalty imposed is for violations deemed to be the most serious. The Council discussed each of the six issues put forward by Mr. LeFevere and reached the following consensus: 1. Does the Council wish to establish a reminder and grace period for payments? The Council discussed whether a 30 -day grace period was warranted and it was noted that the current process already includes a grace period. The Council agreed that the goal is to create responsible ownership of rental properties and creating a grace period would result in additional staff "babysitting" and overhead costs. 2. Does the Council wish to impose an administrative fine to encourage compliance without a hearing? Mr. LeFevere advised that the fine cannot be imposed the same day because all of the processes take some time. He asked when does the liability occur and if it should be one day after payment is due. He described several options for consideration, such as sending a reminder for the first violation with no consequence if paid in a week, no grace period if a second violation, and imposition of an administration penalty with a hearing if not paid within a certain period of time. In addition, if a hearing is scheduled for a first -time offender, there may be a different penalty depending on the number of violations with the same person. Following discussion, the consensus of the Council was to impose an administrative fine to encourage compliance and that the fine be set at a level to cover the City's costs and provide sufficient incentive to pay the utility bill as opposed to other bills. :Mission: Ensuring an attractive, clean, .cafe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM 3. Once the olic calls for setting a hearing, the notice of hearing should inform the p Y g licensee of any relevant policy provisions. The consensus of the Council was to support Question #3 because it allows the Council, if desired, to consider past violations when imposing a penalty. 4. If the licensee pays before the hearing, does the Council wish to cancel the hearing? Mayor Willson suggested cancellation the hearing if payment is made in advance of the hearing. He asked what would be considered at the hearing if the violation had been remedied. Councilmember Lasman spoke against canceling the hearing because some rental owners make the payment after the City has expended costs to schedule and notice the hearing. She stated it is her opinion that administrative fines weaken, not strengthen, the situation. Mayor Willson asked why a hearing would be needed if guidelines are adopted. Mr. LeFevere explained the City has to hold the hearing to gather evidence from staff to prove that the violation occurred and hear from the property owner. He noted the ordinance requires the Council to state rationale and findings. Mayor Willson noted the hearing can only be held after payment if there is an ability to impose • an administrative fine to cover staff and hearing costs. Following further discussion, the consensus of the Council was to not cancel the hearing if the_ violation is remedied prior to the hearing date. 5. If the matter proceeds to a hearing, the Council should take into consideration whether the licensee paid the delinquent amount before the hearing. The consensus of the Council was to remain firm on ordinance enforcement and to hold rental owners accountable; however, leniency may be considered for first -time violators. 6. If the matter proceeds to hearing, the Council may wish to consider including a guideline about the imposition of penalties. It was noted that establishing guidelines and policies on the consequences would protect the City and create a better position to defend the City should a lawsuit claim unfair treatment. Mr. LeFevere agreed that if the City has a policy, it removes the argument by someone that they are not being treated the same. Mr. LeFevere advised that a late payment resulting in a sanction of a six -month to one -year revocation, may result in rental owners being quick to bring legal challenges. That is why staff needs specific direction, to assure consistency so if legally challenged it can be proven that e everyone has been treated the same way. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Mayor Willson stated the last sentence indicating "that evidence introduced at the hearing ... may result in the imposition of a greater or lesser penalty" has some merit. He noted the rental owner is provided with the ordinance when the license is pulled so he did not understand why the City had to consider leniency. Mr. LeFevere advised that under the Code the Council can consider a range from doing nothing to a one -year revocation. If the Council establishes guidelines for the future, then all know what happens with first, second, or third violations. However, there may be some cases where the facts may find those guidelines are not appropriate. He explained if the City follows that guideline, it is considered to be acting reasonably and rationally. If not using the guideline, the City would need to cite rationale. Mayor Willson asked whether the Council would still consider revocation if payment is made the day before or the day of the hearing. Mr. LeFevere advised that the rental owner paying the day before means they are no longer in violation; however, the owner was in violation when the hearing was noticed. He pointed out that most of the time, when the Council considers revocation or suspension of the license, it may be after the violations were cured. The offense does not stop just because it is corrected, and the City can sanction the behavior. If challenged, the court will decide whether the Council's action was a reasonable response under the City Code based on the nature and seriousness of the offense. The Council discussed the options and agreed that it is difficult to impose a law to achieve • automatic compliance. However, the Council can take one step at this point and determine to hold the hearing even if payment is made. With regard to consideration of repeat violators, it was indicated that will be determined by the Council upon hearing the case and receiving staff's report on the history of the property. It was noted that whether a first -time or repeat violator, the hearing will be held but the Council's response could be different. Mr. LeFevere recapped the Council's discussion that the start of the process will not change up to the point of giving notice. Staff will assure those procedures are routine and consistent and all are treated the same. Once it goes to a hearing, the notice of hearing will indicate that the hearing will be held even if the violation is resolved and also identify the frequency of offense. During the hearing, all offenses would be addressed by the Council when considering whether to impose a penalty. Mr. LeFevere advised that staff and the prosecuting attorney are in agreement that if imposing more severe sanctions for repeat violators, those violations need to be listed in the notice of hearing. The notice will indicate the Council will consider imposition of sanctions, list the violations, and that hearing will be held whether or not payment is made prior to the hearing. Mission: Ensuring an attractive, clean, ,safe community that enhances the qualitp of life and preserves the public trust Hennepin County Property Information Page 1 of 1 Henne '* n Court , N ww - . us HENNEPIN COUNTY TREASURER • A600 Government Center Minneapolis MN 55487- 0060 Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m. (CST) Property ID No.: 34- 119 -21 -31 -0081 Property Address: 3907 65TH AVE N BROOKLYN CENTER Owner Name: HOLDINGFORD INVESTMENTS LLC Taxpayer Name and Address: HOLDINGFORD INVESTMENTS LLC PO BOX 120728 ST PAUL MN 55112 Property has prior year delinquent taxes. Call (612) 348 -3011 for amount due. It is anticipated that 2011 Taxes will be available on this web site approximately March 1, 2011. I https: / /www l 6.co.hennepin.nm.us /taxpayments /taxesdue.j sp ?pid= 3411921310081 01/12/2011 BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of 1 wn WAR - t)rlsne iee DA Home UCC Business Services Account Session Briefcase Help /FAQs About Login BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 2586854 -2 Entity Type: Limited Liability Company Original Date of Filing: 11/13/2007 Entity Status: Active Entity Date to Expire: Chapter: 322B Good Standing: 2009 (date of last annual filing) Name: HOLDINGFORD INVESTMENTS, LLC Registered Office 3 Blue Spruce Ct Address: North Oaks, MN, 55127 Home State: MN Agent Name: No Agent Filed Additional ;Enti .Detail Return to Search Last : I�ew Search • DA Home OSS Home I Contacts I Privacy Policy ( Terms & Conditions Use of this site and services indicates your acceptance of the Terms & Conditions of Use. ©Copyright 2001 , Minnesota Office of the Secretary of State. All Rights Reserved. http:// da. sos.state.nm.us /minnesota/corp_ inquiry- entity.asp ?:nfiling_ lumber = 2586854 -2... 01/12/2011 APPLICATION FOR LICENSE RENEWAL License Nbr: 01005171 City of Brooklyn Center Applicant: 293 6301 Shingle Creek Parkway City of Brooklyn Center MN 55430 763 -569 -3300 BROOKLYN IN STRUCTIONS: 40 CENTER renew license(s): make any necessary corrections, sign form and return to theCity of Brooklyn Center, along with Hyder Jaweed the license fees by 8/1/2010. Make check 3 Blue Spruce Court payable to: City of Brooklyn Center. St. Paul MN 55127 License Expires: 10/31/2010 RENTAL LICENSE ny� Issued To: Hyder Jaweed }} p 1) h sY Description Fee T e Lic nits Amoun (� _ —– Complex: Multi Family - Rental (Bldg) Prim 3 $600.00 Address: 3907 65th Ave N Multi Family - Rental (Units) Scnd 54 $972.00 Total: $1,572.00 Phone: X39 Complex: Brookhaven Apts 3907 -09 -11 65th Ave N License Location: 3907 65th Ave N Resident Mgr.: D Lv✓i �G � le--' Phone: _�.. Caretaker: Phone: PID: 34-119-21-31-0081 Primary Units: 3 Secondary Units: 54 "I will schedule a rental license inspection and have submitted the necessary fees to the City cf Brooklyn Center as required by the City Ordinances and have complied with all the requirements necessary fa- obtaining this license. I certify that the information provided is accurate and complete to the best cf my knowledge. 1 therefore make application to operate a rental dwelling license subject to all conditions and provisions ofsaid Ordinances" Information collected to determine eligibility for license. Failure to provide information requested Signature of Applicant City Use Only: Date Rec.: Acd Na 4205 Insp. Date: Check Na Re.: 6 0504 CC Date: I Brooklyn City y yf n Center A Millennium Community August 3, 2010 Hyde r Jaweed 3 Blue Spruce Court St. Paul, MN 55127 RE: 3907 65 Ave N Dear Rental Dwelling License Applicant: The City has received your rental dwelling license application and license fee. Please keep in mind that the submittal of the license application and fee is only the first step in the licensing process. The property must pass a health and safety inspection conducted by the City's Housing Inspector. If you do not already have an inspection scheduled, please call inspections at 763 -569 -3344 to schedule an inspection or an inspection will automatically be scheduled and you will be notified of the date and time of the inspection. If you have not already submitted your Phase I Crime Free Housing Program certificate, you are required to complete Phase I of the Crime Free Housing Program and submit a copy 'of the completion certificate to the City Clerk's office. To find out the training schedule for the Crime Free Housing Program, contact the Minnesota Crime Prevention Association at 651- 793 -1109 or visit: www.mncpa.net. As owner of rental property, you are responsible for ensuring that taxes and utilities are current on all property you own within the City of Brooklyn Center. Even if your lease agreement with your tenant indicates that the tenant is responsible for payment of taxes and/or utilities, you, as owner and applicant for a rental dwelling license, are responsible for ensuring that taxes and utilities are current on the rental property. Section 12 -901 of the City's Code of Ordinances requires that the owner of rental property be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due the City on the property and any other rental real property in the City owned by the license holder. Prior to the issuance of a rental license, verification will be made to ensure that all utility fees, taxes, assessments, fines, penalties, or other financial claims due the City are current on the property. To check on the status of the City's utilities, please call Public Utilities at 763 -569 -3390. To check on the status of property taxes and assessments, please call Assessing at 763 -569 -3310. Sincerely, Maria Rosenbaum Deputy City Clerk Enclosures to NEW APPLICANTS: • Copy of Rental Dwelling Application • Landlords and Tenants: Rights and Responsibilities Booklet • Fundamentals of Rental Property Management in Minnesota Booklet • Rental Property Maintenance Checklist Brochure 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ww w. cityofbrooklyncenter. org Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson, MMC City Clerk November 29, 2010 ORDINANCE VIOLATION NOTICE Holdingford Investments LLC Hyder Jaweed P.O. Box 120728 3 Blue Spruce Court St. Paul, MN 55112 St. Paul, MN 55127 RE: Rental Property Located at: Brookhaven Apartments, 3907 -09 -11 65th Ave N PID# 34- 119 -21 -31 -0081 Dear Property Owner: Section 12- 901(9) states that licensees with three or more units must be current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property and any other rental real property in the City owned by the license holder at all times. City records indicate that there are both taxes and utilities owed for this property. Property taxes and utilities must be paid in full to retain a rental dwelling license. Please submit payment for utilities to the City of Brooklyn Center and payment for taxes to Hennepin County Government Center, 300 S 6th Street, Administrative Tower A -600, Minneapolis, MN 55487- • 0060, within 10 calendar days of the date of this letter. Failure to keep current on the payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the rental property will result in legal prosecution by the City. FAILURE TO COMPLY AND BE CURRENT ON PROPERTY TAXES AND UTILITIES BY DECEMBER 9, 2010, WILL RESULT IN A HEARING BEFORE THE CITY COUNCIL, WHEREBY SANCTIONS MAY BE IMPOSED WHETHER OR NOT PAYMENT OF THE PROPERTY TAXES AND UTILITIES ARE MADE PRIOR TO THE HEARING. If payment has been made, please disregard this notice, as I will consult with the City Assessor after your due date. Any questions regarding taxes may be directed to Hennepin County at 612- 348 -3011. Questions regarding utilities can be directed to the City utility billing division at 763 -569 -3390. Sincerely, J^&W Sharon Knutson City Clerk 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Numb Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www. cityof brooklyncenter. org • 7 January 2011 By Certified Mail and U.S. Mail Holdingford Investments, LLC Post Office Box 120728 St. Paul, Minnesota 55112 Hyder Jaweed 3 Blue Spruce Court North Oaks, Minnesota 55127 RE: Notice of proposed license action Dear Sir, Enclosed herewith and served upon you is a notice of proposed action against your rental license for that premises known as Brookhaven. The only exception to an action based upon failure to pay real property taxes in a timely manner is a lawsuit maintained by you challenging the amount and/or validity of the tax. You must make an application to the Council for relief, if such a lawsuit is pending. You are further advised that an action against the license is not the sole or exclusive remedy available to the City and the City reserves the right for further proceedings. You are still further advised that payment of the tax, utilities and other amounts due, prior to the hearing, will not cause the hearing to be stricken. Sincerely, CARSON, CLELLAND & SCHREDER William G. Clelland Prosecuting Attorney cc City Manager, Assistant City Manager LeFevere , receiver NOTICE OF PROPOSED LICENSE ACTION You are hereby notified, pursuant to Section 12 -910 of the ordinances of the City of Brooklyn Center, that a hearing before the City Council shall be held on the 24 th day of January 2011 at 7:00 pm o'clock at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, at which time the City Council shall consider the revocation, suspension or non renewal of the rental license held by Holdingford Investments, LLC for that apartment complex known as Brookhaven, located at 3907, 3909 and 3911 65 Avenue N., Brooklyn Center, Minnesota. The grounds for this license action are the failure of the licensee to pay the first and second half year 2010 real property taxes, now due and overdue in the principal amount of $63,698.17 which includes current penalties and failure to pay city - provided utilities now overdue and delinquent in the total amounts of $ 9,953.26, together with applicable interest and penalties. Section 12 -901 subd 4 provides that as a condition of acquiring a rental license and maintaining a rental license, the licensee must be current on payments for all assessments, taxes and utilities. Section 12 -910 provides for the revocation, suspension or non renewal of a rental license for, inter alia, failure to operate or maintain the license premises in conformity with all applicable state laws and codes and the City Code or Ordinances and any other violation of Chapter 12. YOU ARE ADVISED THAT PAYMENT OF THE TAXES, UTILITIES, PENALTIES AND INTEREST PRIOR TO THE HEARING WILL NOT CAUSE THE HEARING TO BE STRICKEN. YOU SHOULD BE PREPARED TO ADDRESS THIS VIOLATION OF THE CITY CODE AT THIS HEARING. • • City Council Agenda Item No. 10d e • COUNCIL ITEM MEMORANDUM • DATE: February 8, 2011 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Amend 2011 City Council Meeting Schedule Recommendation: It is recommended that the City Council consider amending the 2011 City Council meeting schedule to add a joint meeting with the City advisory commissions and Charter Commission. It is recommended to set the date and time of the meeting for Wednesday, April 6, 2011, at 6:00 p.m. in Constitution Hall, Community Center. Background: At its January 24, 2011, Work Session the City Council directed staff to schedule a reception style meeting with the City advisory commissions and Charter Commission. The commission chairs are to give a five minute presentation on what they accomplished in the last year and to inform the Council on how they would like to contribute to the Council's adopted strategic goals. • Budget Issues: There are no budget issues to consider. i Mission: Ensuring an attractive, clean, safe community that enhances the qualify of life and preserves the public trust City Council Agenda Item No. 10e COUNCIL ITEM MEMORANDUM • DATE: February 8, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: An Ordinance Amending and Repealing Certain Sections of Chapter 23 Relating to Tattoo and Body Piercing Establishments Recommendation: It is recommended that the City Council consider approval /adoption of the first reading for the above entitled ordinance amendment. Background: The August 9, 2010 City Council Work Session included a discussion on a legislative change relating to State standards for the licensing of both tattoo and body piercing establishments and body art technicians. The new statute provided the City Council the following options: 1. Get out of the licensing business for this activity. 2. Retain the city ordinance and issue establishment licenses. 3. A combination of 1 and2, get out of licensing but control the location of the establishments. The majority consensus of the City Council was to divest the City of Brooklyn Center from the expense of licensing tattoo and body piercing establishments, but to regulate the location through the Zoning Ordinance. Attached for your reference is a copy of the minutes of this work session item, staff and attorney's memorandums on this matter and a copy of the City's current licensing requirements on tattoo and body piercing establishments (Chapter 23 -301 thru 23 -314). Ordinance provisions regulating the location of tattoo and body piercing establishments: The proposed ordinance amendment maintains the current regulations relating to the location of this use: a. The use must be on property properly zoned. b. The use shall not be located on premises licensed to furnish alcoholic beverages. C. The use shall not be located on premises of an adult establishment. d. The use shall not be located within 300 feet of a building, lot or parcel of land of any of the following uses: ttlission: Ensuring an attractive, clean, safe conununity that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM a church, school, daycare center, hospital, on sale liquor establishment, halfway • house, currency exchange, theater, residence (except as allowed under state law) pawn shop, second hand dealer, massage parlor, sauna, or another tattoo or body art or piercing establishment. Budget Issues: While there are no tattoo or body piercing establishments within the city, the shifting of the administration of licensing and inspection of this type of a commercial- service use to the State has the potential to minimize the future costs to the City. 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 Mission: Ensuring an attractive, clean, safe community that enhances the qualify of life and preserves the public trust ® CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of March, 2011, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider amendments to Chapter 23 of the City Code relating to tattoo and body piercing establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 23 RELATING TO TATTOO AND BODY PIERCING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23- 006.05 of the Brooklyn Center City Code is amended as follows: Section 23- 006.05. PAYMENT OF PROPERTY TAXES REQUIRED. No license shall • be granted or renewed for tobacco related products; bowling alleys; public dancing; filling stations; pawnbrokers; secondhand goods dealers; motor vehicle dealerships; saunas and sauna baths; massage parlors; rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services, or hostess services; or amusement devices; for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount of validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Section 2. Section 23 -2301 of the Brooklyn Center City Code is amended as follows: Section 23 -2301. FPIDINGS AND PURPOSE. LOCATION OF TATTOO AND BODY ART AND PIERCING ESTABLISHMENTS. The purpose of this section is to regulate the location business of tattooing ands body art and piercing establishments licensed pursuant to Minnesota Statutes Chapter 146B in order to protect the general health, safety, and welfare of the community. a. The City Couneil finds that the empefienee of other- eities indieates that there eonnecsiea between tut490i pie - and hepatitis and tithe problems. • ORDINANCE NO. A . . - ean ffiffiffflize the hepatitis and dise sv , and _ the Y' eteet he gen eral health, snfe ' and ra e lf ..o o f the eemmunity C. it is IIQr[I1li�ICGSlrCOpiViIIPirCLCCC b „ 'iCieii:b vs.ab........ f.. a. No tattoo or body art or piercing establishment shall be located on property that is not properly zoned or does not guualifyas a legal nonconforming use for such establishment. b. No tattoo or body art or piercing, establishment shall be located on premises licensed to furnish alcoholic beverages. C. No tattoo or body art or piercing establishment shall be located on the premises of an adult establishment pursuant to Section 35 -2182. d. No tattoo or body art or piercing establishment shall be located on premises within 300 feet of or in the same building as, or on the same legally subdivided lot piece or parcel of land as any of the following uses: a church, school, day care center, hospital; on -sale liquor establishment, halfway house, currency exchange operation theater, residence (except as allowed under state law), • pawnshop secondhand goods dealer, massage parlor, sauna, or another tattoo or body art or piercing establishment. Section 3. The following sections of the Brooklyn Center City Code relating to Tattoo and Body Piercing Establishments are repealed in their entirety: 23 -2302 (Definitions); 23- 2303 (Business License Required); 23 -2304 (Personal Service License); 23 -2305 (License Fee); 23 -2306 (Investigation Fee); 23 -2307 (Granting of License); 23 -2308 (Persons Ineligible for License); 23 -2309 (Places Ineligible for License); 23 -2310 (Conditions of License); 23 -2311 (Health and Sanitation Requirements); 23 -2312 (Penalty); 23 -2313 (Hindrance); and 23 -2314 (Conflict of Provisions). Section 4. The Brooklyn Center City Code is amended by adding the following new Section 23 -2302: I Section 23 -2302. PENALTY. Any person violating Section 23 -2301 is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed b • ORDINANCE NO. Section 5. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2011. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Str-ikee indicates matter to be deleted, underline indicates new matter.) e Avenue is open to the general public to access the voting precinct. Mr. Boganey answered in the affirmative. • Councilmember Ryan asked if the Dupont bridge is closed. Mr. Boganey answered in the affirmative. Mayor Willson stated he gets a lot of calls asking who is paying for the Bass Lake Road project. Mr. Lillehaug advised that the City's website contains information on that project. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS REGULATION OF TATTOO AND BODY PIERCING ESTABLISHMENTS Mr. Boganey advised the State has adopted a new statute to govern and regulate tattoo and body piercing activities. The City has three options: 1) Get out of the licensing business for this activity; 2) Retain City ordinance and issue establishment licenses; or, 3) A combination of the two by not licensing but continue to control location of the establishments through the zoning ordinance. The Council discussed this matter and noted the City no longer licenses home -based daycares but does the inspection for the State for a fee. Mr. Boganey stated the City probably started regulating tattoo and body piercing establishments due to health and safety concerns. The Council discussed the three options and Mayor Willson and Councilmembers Lasman and Ryan indicated support for Option 3 so the City is able to determine the location. It was noted that the State's requirements are more restrictive than the City's. The Council discussed whether a distance requirement should be established and if the Planning Commission should be asked for a recommendation. Mr. Boganey answered questions of the Council and indicated City staff is qualified to do this licensing and there are no current licenses in effect. He explained the City wants to assure the business is conducted in a safe manner so if there is a complaint, the City has the ability to issue a citation and revoke the license. However, now the State will be able to take this action. Councilmember Yelich indicated that when the State becomes responsible for licensing and setting standards, he wonders if that is a quality program and asked what is its track record for inspections and licensing. Mr. Boganey stated he thinks they will do an adequate job but is unable to give an objective answer since the City does not have much to compare it to since there are no current licenses. Councilmember Yelich indicated support of Option 3. It was the majority consensus of the City Council that the City should divest itself of the expense to license tattoo and body piercing establishments, assuming the State adequately performs this function, but to regulate the location through the Zoning Ordinance. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL • 08/09/10 -3- MEMORANDUM - COUNCIL WORK SESSION DATE: August 5, 2010 TO: City Council FROM: Curt Boganey, City Man SUBJECT: Regulation of Tattoo and Body Piercing Establishments Recommendation: It is recommended that the City Council consider providing direction to staff regarding the regulation of Tattoo and Body Piercing establishments Background: The City has an ordinance that regulates tattooing and body piercing establishments that requires licensing by the City. Currently the City has no such licenses in effect. During the most recent legislative session the State established standards for licensing these same activities. . As outlined in the memo attached from our City Attorney this new law provides the City with several options; It can repeal its ordinances and allow the State to regulate this activity completely, stay in the business of licensing business but not individuals, or stop licensing but continue. to regulate locations of such Policy suese. c3' . Is it in the interest of the City to continue regulating tattoo and body piercing activities' in Brooklyn Center? Council Goals: Ongoing: ' 1.. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe conunanity that enhances the quality of life and preserves the public trust Mary D. Tiet en 470 US Bank Plaza. C 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9277 telephone (612):337 -9310 fax intio en@kennedy- gravencom bgp://www.kmnedy-m-&ven.com CHARTERED MEMORANDUM To: Brooklyn Center Mayor and City Council Curt Boganey, City Manager j~roin: Mary Tietjen, assistant city attorney Date: August 4, 2010 Re: Regulation of Tattoo and Body Piercing Establishments Brooklyn Center currently regulates tattoo and body piercing establishments at Sections 23 -2301 23 -2314 of the City Code. The ordinance requires a business license for specific locations and a (� O personal service license for all persons who engage in such work. The ordinance also establishes conditions of licensure and health and sanitation standards. This session, the legislature adopted a new Chapter 146B specifically dealing with this same subject. The statute, which was effective July 1, 2010, establishes state standards for licensing both establishments and what is described as body art technicians, i.e. those who practice tattooing and body piercing. Sanitation standards are established and persons desiring body art technician licenses must have a minimum of 200 hours of supervised experience. Establishments must meet the state licensing requirements by January 1, 2011 but are exempt if they are licensed under a city or other local ordinance which meets or exceeds the statutory provisions. Individuals must be licensed as body art technicians under the state statute by January 1, 2011 regardless of local licensing. The statute explicitly provides that nothing preempts or supersedes any municipal ordinance relating to land use, building and construction standards, nuisance control or the licensing of commercial enterprises in general. In light of the above, we believe the City has essentially three options: 1. Get out of the licensing business The city could repeal its ordinance and allow the state to regulate tattooing and body piercing. The city would have one fewer activity to regulate and enforce. 2. Stay in the licensins business The city could retain its ordinance and stay in the business of 372924vi MDT BR29I 4 1 issuing establishment licenses although there may no longer be any need to license individuals. The. ordinance would need some revisions to comply with state law. For example, the city's ordinance allows persons younger than 18 years of age to receive tattoos with the consent and in the presence of parents or guardians. The statute prohibits this practice regardless of parental consent. In order to be exempt from state licensure, establishments must be licensed under a city ordinance which is at least as restrictive as the statute. The ordinance would have to be reviewed and revised in all respects with which it does not currently meet this standard. 3. Get out of the licensing business but continue to control the location of establishments This middle ground position, which is specifically authorized by state law, recognizes that cities may want to be free from the burden of licensure and enforcement but still wish to control -where such establishments may locate in the community. This approach would allow the city to regulate in what zoning districts such establishments could locate, provide for spacing or "distance from" requirements and continue to allow regulation of the nuisance aspects of the business. The City's ordinance (Section 23 -2309) currently contains some restrictions on location. For example, no establishment may be located on property that is not properly zoned or where alcohol is served. These provisions may be retained if the City chooses to continue to regulate the location of these types of establishments. Staff requests that the City Council discuss these options and direct staff accordingly. cc: Charlie LeFevere, City Attorney 37n24vI MM BR29I4 2 Section 23 -2205. PENALTY. Any person who violates or fails to comply with any • provision of this ordinance shall be guilty of a misdemeanor and subj ect to a find not to exceed $1,000 or' . . for a period not to exceed ninety (96) days or both, together with the costs of prosecution. Such penalty may be imposed in addition to 'a decision by Council to disapprove applications for new licenses or license renewals. TATTOO AND BODY PIERCING ESTABLISHIviENTS Section 23 -2301. FINDINGS AND PURPOSE. The purpose of this section isto regulate the business of tattooing and/or body piercing in order to protect the general health, safety, and welfare of the community. a. The City Council finds that the experience of other cities indicates that there is a connection between tattooing/body piercing and hepatitis and other health problems. b. The City Council finds that stringent regulations governing tattooing and body piercing can minim the hepatitis and disease risk, and therefore proteetthe general health, safety,. and welfare of the community. c. It is not the intent to prohibit tattoo and/or body piercing establi shments from having a reasonable opportunity to locate in the City. Section 23 -2302. DEFINITIONS. The following words and terms when used in Sections 23 -2301 through 23 -2314 shall have the following meanings unless the context clearly indicates • otherwise: a. Body Piercing: Penetrating or making a hole in or through the human body to place jewelry or objects of metal, plastic, wood, bone, or other foreign material on any area for cosmetic purposes. b. Branding: The use of heat, cold, or any chemical compound to imprint permanent markings on human skin by any means other than tattooing. c. Clean: The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. d. Operator: Any person who performs or practices the art of tattooing and/or body piercing on another person in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the owner of the business or its patrons. e. Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a sanitary, workable, and sound condition. City of Brooklyn Center 23 -94 City Ordinance • �.. f. Issuing Authority: The City Manager or the Manager's designee. g. Owner. Any individual, firm, company corporation, or association that owns an establishment where tattooing and/or body piercing is performed. h. Scarification: The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin. i. Tattoo, Tattooing: The marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Section 23 -2303. BUSINESS LICENSE REQUIRED- No person, partnership, or corporation shall operate any establishment where tattooing and/or body piercing is practiced, nor engage in the practice of tattooing and/or body piercing without being. licensed under Sections 23 -2301 through 23 -2314. Jewelry stores and accessory stores that exclusively provide ear piercing services using piercing guns shall be exempt from this license agreement. The application for a tattooing and/or body piercing establishment business license shall be submitted on a form provided by the City and shall include: a. If the applicant is an individual, the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all those persons holding more than five (5) percent of the issued and outstanding stock of the corporati on. b. ` The name, address phone number, and birth date of the manager of such establishment, if different from the owners. c. The address and legal description of the premises where the tattoo and/or body piercing establishment is to be located. d. A statement detailin g Y g an conviction relating to tattooing and/or body piercing or the operation of a tattoo and/or body piercing establishment by the applicant or manager and whether or not the applicant or manager has ever applied . for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five (5) percent of the issued and outstanding stock of the corporation and whether or not those owners have ever applied for or held a license to operate a similar type of business in other e. The activities and types of businesses to be conducted. f. The hours of operation. City of Brooklyn Center 23 -95 City Ordinance I� g. The provisions made to restrict access by minors, • h. A building plan of the premises detailing all internal operations and activities. C L Whether the applicant has previously been denied a license of this type by any other government unit. j. The names, street addresses, and business addresses of three (3) residents of Dakota, Hennepin, Ramsey, Anoka, Washington Scott, or Carver Counties who are of good moral character and who are not related to the applicant and not holding any ownership in the premises or business, who may be referred to as to the applicant's character. k: Whether all real estate andpersonal property taxes that are due and payable for the premises to be licensed have been paid,. and if not paid, the years and amounts that are unpaid. 1. All applications for a license under Sections 23 -2301 through 23 -2314 shall be signed and sworn to. If the application is. that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing of thereof Any falsification on a license application shall result in the denial of a license. All applications shall be referred to the Issuing Authority for verification and investigation of facts set forth in the application, including any necessary criminal background checks to assure compliance with Sections 23 -2301 through 23-2314. The application shall be issued or denied by the Issuing Authority in accordance with Sections 23 -2301 through 23 -2314. Section 232304. PERSONAL SERVICE LICENSE. No operator shall perform tattoo and/or body piercing services within the City without being licensed as provided in this section. Any person desiring a personal service license shall file a written application on a form provided by the City. The application shall include the following information: a. The business address and all telephone numbers where the service is to be practiced or based. b. The name, birth date, complete home address, and telephone number of the applicant. c. The tattoo and/or body piercing business history and experie�nee, including but not limited to whether or not the applicant, in previously operating in this or another city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reason therefore, and the business activities or occupations subsequent to such action of denial, suspension or revocation. City of Brooklyn Center 23 -96 City Ordinance i d. All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted or arrested and the circumstances thereof- e. All applications for a license under Sections 23 -2301 through 23-2314 shall be signed and sworn to by the applicant: Any falsification on a license application shall result in the denial of a license. All applications shall be referred to the Issuing Authority for verification and investigation of facts set forth in the application, including any necessary criminal background checks to assure compliance with Sections 23 -2301 through 23 -2314. The application shall be issued or denied by the Issuing Authority in accordance with'Sections 23 -2301 through 23 -2314. Section 23 -2305. LICENSE FEE. a. The annual license fee is set by City Council resolution. b. Each application for alicense shall, be submitted to the City Clerk and payment made to the City. The initial license fee shall be paid in full with cash, or certified or cashier's check, before the license is issued. Renewal license fees shall be. paid in full at the time of application for renewal. Upon rejection of any application for alicense, the applicant may refunded a portion of the license fee in accordance with the fee resolution, except where rejection is for a willful misstatement in the license application- All -li6ensei shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when application is made; a license may be issued for the remainder of the year for a prorated fee. In computing such fee,_ any unexpired fraction of a month shall be counted as one (1) month. d. Once a license has been granted, no part of the fee paid by any licensee shall be refunded, except that a prorated portion of the fee shall be refunded in the event of the complete closure of the business and cessation of business activities for any of the following reasons and upon application to the City Clerk within thirty (30) days from the happening of the event, provided that such event occurs more than thirty (30) days before the expiration of the license: 1. Destruction or damage of the licensed premises by fire or other catastrophe. 2. The licensee's illness.` 3. The licensee's death. 4. A change in the legal status making it unlawful for licensed business to continue. f City of Brooklyn Center 23-97, City Ordinance e. Each application shall contain a provision on the application indicating that any • withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Clerk by the applicant or licensee. If said changes take place during the investigation, said data shall be provided to the Police Chief or the City Clerk in writing. Section 23 -2306. INVESTIGATION FEE a. At the time of the original application for a license, the applicant shall deposit the investigation fee set by City Council resolution. The investigation fee may be paid in cash or with a personal check. The investigation fee is non - refundable. An investigation fee must be tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than. the original licensee and parties are proposing to be licensed, Section 23 -2307. GRANTING OF LICENSE a. The Issuing Authority shall complete his/her investigation within thirty (30) days after the City Clerk receives a complete application and all license and investigation fees. _ b. If, after such investigation, it appears that the applicant and the place proposed for the • business are eligible for a license under the criteria set forth in this section, then the license shall be issued by the City. Council within thirty (30) days after the investigation is completed. Otherwise, the license shall be denied. c. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premises without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. Any tattoo and/or body piercing establishment existing at the adoption of Sections 23 -2301 through 23 -2314 shall be required to obtain an annual license. d. If the license is denied, the applicant may request a hearing before the City Council by filing a written request therefore with the City Clerk within fifteen (15) days after the applicant has received written notice of denial. Ifthe license application is denied by the City Council after a hearing, the applicant may appeal the decision to the appropriate court of competent jurisdiction. City of Brooklyn Center 23 -98 City Ordinance C • I If a tattoo and/or body piercing establishment, is lawfully in existence at the time of the adoption of Sections 23 -2301 through 23 -2314, the tattoo and/or body piercing establishment may continue in business until the court action is completed. Otherwise, the applicant may not commence doing business until the judicial action has been finally resolved. Section 23 -2308. PERSONS INELIGIBLE FOR LICENSE. No license under Sections 23 -2301 through 23 -2314 shall be issued to an applicant who is a nataral.person; general or managing partner of a partnership; or manager, proprietor, of agent of a corporation or other organization if such applicant: a. Is a minor at the time the application is .filed. b. Has been convicted of any crinie directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03 Subd. 2,.._and. has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03, Subd. 3: c. Who is overdue or whose spouse is overdue in his or her payment of City, county, or state taxes, fees, fines, or penalties assessed against them or imposed upon them. d. Who has been denied a license by the City or any other Minnesota municipal corporation to operate a tattoo and/or body piercing establishment or whose license has been suspended or revoked within the preceding twelve (12) months; or who is residing with any such person.. e. Who has not paid the license and investigation fees required by this section. £ Is not of good moral character br repute. Section 23 -2309. PLACES INELIGIBLE FOR LICENSE a. No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments. b. Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35 -2182: �� City of Brooklyn Center 23 -99 City Ordinance c. No license shall be grante4 if the premises is within 300 feet of or in the same • building as, or on the same legally subdivided lot, piece, or parcel of land as any of the following uses: a church, school, day care center, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshop, secondhand goods dealer, massage parlor, sauna, or another tattoo or body piercing establishment. Section.23 -2310. CONDITIONS OF LICENSE. Every license shall be granted subject to the following conditions and all other provisions of Sections 23 -2301 th=ough 23 -2314, and of any applicable sections of the City Code, the City's zoning ordinances, the Building Code, the Fire Code, the City's health regulations, and all provisions of state and federal law. a. No person shall tattoo or pierce any person under the age of eighteen (18) except in the presence .of, and with the written permission of the parent or legal guardian of such minor: The consent must include both the custodial and non - custodial parents, ^ where applicable. b. The license granted under Sections 23 -23 01 th=ough 23 -2314 is for the owner and the premises or operator named on the approved license application. No transfer of a license shall be permitted from place -to -place or from person -to- person without first complying with the requirements of an original application, except in the case in which an existing non - corporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. c: All licensed premises shall have the license posted in a conspicuous place at all times d. A licensee under Sections 23 -2301 throixgh 23 -2314 shall not be open for business for tattooing and/or body piercing before 7:00 a.m. or after 10:00 p.m. e. The tattoo and/or body piercing establishment. license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Issuing Authority. No person shall engage in the practice of tattooing and/or body piercing at any place other than the place or location named or described in the application and license. A separate room shall be required for body piercing and tattooing services. The applicant shall submit a drawing to scale of the tattoo and/or body piercing facilities. f. No person shall solicit business or offer to perform tattooing and/or body piercing services while under license suspension or revocation by the City. g. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. City of Brooklyn Center 23 -100 City Ordinance l` h. The licensee shall provide to the Issuing Authority a list of operators who tattooing and/or body piercing at the licensed establishment and. shall verify that operator has received. a copy of Health and Safety Requirements and Sanctions for License Violations as appear in Sections 23 -2301 through 23 -2314. i. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota indicating that the licensee is currently covered in the tattoo and/or body piercing business by a liability insurance policy. The minimum limits of coverage for such insurance shall be: 1. Each claim, at least Two Hundred. Thousand Dollars ($200,000). 2. Each group of claims, at least Five Hundred Thousand Dollars ($500,000) Such insurance shall be kept in force during the term of the license and shall provide for notification to the City prior to termination or cancellation. A certificate of insuran shall be filed with the- City. j, Inspections. 1. City Initiated. The Issuing Authority or designated health professionals shall, at minimum,. conduct one (1) randomly scheduled inspection of each licensed facility each year to determine compliance with City requirements. 2. Compliance Certification. A health professional who is retained by the licensed operator and acceptable to the Issuing Authority shall inspect the licensed premises inthe month ofNovember of each calendar year. Said inspection is to determine compliance with City requirements and a written report documenting findings shall be submitted to the Issuing Authority within fifteen (15) days from the date on which the inspection took place. k. Branding and Scarification are prohibited in the City of Brooklyn Center. Section 23 -2311. HEALTH AND .SANITATION REQUIPXNENT S • No person shall engage in the practice of tattooing and/or body piercing at any - place in the City without complying with the following regulations: a. Every place where tattooing and/or body piercing is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. - The hand lavatory shall be supplied with hot and cold running water under pressure; shall be maintained in good repair at all times; and shall be kept in a'clean and sanitary condition. City Ordinance City of Brooklyn Center 23 -101 Toilet fixtures and seats shall be of a sanitary open front design and readily cleanable. • Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand cleansing compound and single service sanitary towels and hand drying devices. b. No person having any communicable blood or skin infection or other communicable diseases of the blood or skin shall practice tattooing and/or body piercing or shall be tattooed or body pierced. C. All disposable needles, razor blades, sharps, or other equipment utilized for penetrating the skin shall be individually pre- packaged and pre - sterilized and stored in a self - sealing sterilizing pouch. No such equipment shall be used for more than one customer. Tools and supplies must be stored in a dust free container. All bio- hazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the Issuing Authority. Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles, razor blades, sharps, or other equipment utilized for penetrating the skin when such sterilizing solutions and methods are approved by the Issuing Authority. d. The following procedures shall be used for skin preparation: 1. Each operator shall wash his or her bands thoroughly with soap and water and then dry them with a clean towel before and after each tattoo or body piercing. Operators with skin infections of the hand shall not perform any tattooing or • body piercing services. 2. Whenever it is possible to shave the skin, pre- packaged, pre- sterilized, disposable razor blades shall be used. 3. The skin area to be tattooed or pierced shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with waiver, and sterilized with an antiseptic solution approved by the Issuing Authority. Only single service towels and wipes shall be used in the skin cleaning process. 4. All bandages • and surgical dressings used in connection with the tattooing and/or body piercing of any person shall be individually pre - packaged, pre- sterilized, and disposable. e. All tables, chairs, furniture, or area on which a patron receives a tattoo or body pierce shall be covered by single service disposable paper or clean linens, or in the alternative, the table, chair, or furniture on which the patron receives a tattoo and/or body pierce shallbe impervious to moisture. and..shall be properly s . unitized after each tattoo or body pierce. Tables and counter tops shall be industrial grade Formica or similar material. Drop cloths made of two -Ply paper and plastic shall be available for use as needed. _ City of Brooklytn Center 23 -102 City Ordinance f. Every operator shall provide single service towels or wipes for each customer or person and such towels and wipes shall be stored and disposed of in a manner acceptable to the Issuing Authority.' g. Every operator shall wear clean, washable garments and Protective latex disposable gloves when engaged in the practice of tattooing and/or body piercing - If garments are contaminated with blood or body fluids, such garment shall be removed and changed and cleaned or disposed of in a manner acceptable to the Issuing Authority - h. Pigments used in tattooing shall be premade and commercially prepared and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with procedures approved by the Issuing Authority. i. Jewelry for the other parts of the body shall be made of implant grade, high - quality n stainless steel (300 series), solid 14K and 18K gold, niobium, titanium, Platium, or a ti dense, low- porosity plastic such as monofilament nylon, acrylic, or Lucite. Ear studs or other jewelry designed for earlobe piercing are not appropriate jewelry for other body parts- Jewelry shall have no nicks, scratches, or irregular surfaces, which might endanger the tissues. Jewelry shall be pre - sterilized and in a sealed package. j. There shall not be less than one hundred fifty (15 0) square feet of floor space at the place where the practice of tattooing and/or body piercing is conducted, and said shall be so lace lighted and ventilated as to comply with the standards approved by Place the Issuing Authority. k. No person shall practice tattooing and/or body piercing while under the influence of alcoholic beverages or illicit drugs. No customer shall be tattooed and/or body pierced while under the influence of alcoholic beverages or illicit drugs. 1. The operator shall provide the person tattooed and/or body pierced with printed instructions on the approved care of the tattoo and/or body pierce during the healing process. m. No place licensed as a tattoo and/or body piercing establishment shall be used or occupied as living or sleeping quarters. Section 23 -2312. PENALTY. a. Any personviolating any p of Sections 23 -2301 through 23 -2314 is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by law. t City of Brooklyn Center 23 -103 City Ordinance i b. The City Council may, upon ten (10) days written notice to the operator and O following a public hearing, revoke the license or suspend the license if the'licensee submitted false information or omitted material information in the license process required by Sections 23 -2301 through 23 -2314. The City Council may also revoke the license or suspend the license for a violation o: 1. Any provision of Sections 23 -2301 through 23 -2314 or any other local law governing the same activity during the license period. 2. Any criminal law during the license period which adversely affects the ability to honestly, safely, or lawfully conduct a. tattooing and/or body pieicing business. Section 23- 2313. HIlmWCE. Any person hindering the efforts of City officials to investigate possible violations of Sections 23 -2301 through 23 -2314 shall be guilty of a misdemeanor. Section 23 -2314. CONFLICT OF PROVISIONS. In any case where a provision of Sections 23 -2301 through 23 -2314 is found. to. be in conflict with the provision of any zoning, building, fire, safety or health ordinance or code in the City, - the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of Sections 23 -2301 through 23 -2314 is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this ,� • ordinance which established a lower standard for the promotion and protection of the health and safety of the property, the provision of Sections 23 -2301 through 23 -2314 shall be deemed to prevail. The deteemoination of the applicability of this ordinance in light of the above rules of interpretation shall be made by the City and its determination shall be final. City prdinmsce City of Brooklyn Center 23 -104 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION • February 14, 2011 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Junk and Inoperable Vehicles Update — Back Yard Parking 2. Progress Reports on Achievement of Strategic Goals 3. Review Proposed Agenda for Facilitated Retreat PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Progress Reports on Achievement of Strategic Goals 2. Hwy 252 Update — February 28 3. School District Discussions/BC Strategic Plan Report 4. All City Open House • 5. Sister City Update 6. Neighborhood Designations 7. Department Year End Reports 8. Active Living Program 9. Graduated Sanitary Utility Rate Study 10. Garbage Hauler Organized Collection Update 11. Joint Meeting with Commissions April 6th Follow -up 12. Shingle Creek Crossing 13. Financial Commission Report 14. Youth Participation Request Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: February 14, 2011 TO: Curt Boganey, City Manager FROM: Vickie SchleuninAssistant City Manager/Director of Building and Community Standards SUBJECT: Discussion Pertaining to Vehicle and Parking Requirements Recommendation: Staff is seeking direction from the City Council regarding vehicle - related parking and storage requirements for the purpose of preparing ordinance amendments. Background: In 2005 and 2006 the City Council and the Housing Commission reviewed issues relating to restricting the number of vehicles at property. An ordinance amendment to chapter 19 was proposed at the March 27, 2006 Council Meeting. The ordinance amendment was tabled for the review of other options such as increased enforcement of the current ordinance. In March of 2008 code changes were made to chapter 19 -1300. These amendments provided for • stronger and clearer language for the enforcement of inoperable vehicles. At the time of this ordinance change, it was suggested that staff review the impact this code change would have in improving the appearance and safety of the neighborhood. Then, this information would be used in order to determine what, if any, additional steps would be suggested in the future to further improve vehicle related issues. Overall, the ordinance change regarding junk/inoperable vehicles has been successful in reducing blight and associated resident concerns. One change included the ability for the city to remove a junk/inoperable vehicle and charge the costs back to the property owner. This enforcement tool has been instrumental in achieving compliance, even though it has not had to be used directly. Administrative penalties have also improved compliance. On August 23, 2010 a resident addressed the Council requesting an ordinance to restrict the number of vehicles allowed to be parked outside at a residential property. The city continues to receive some resident concerns about certain vehicle- related issues not addressed by current city ordinances. Although the extent of concerns cannot be quantified, some examples of vehicle- related concerns are included in Attachment V. These examples will be used to help facilitate discussion, clarify standards provided by current city regulations and reviewing options to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Vehicle Violations Statistics Since the vehicle ordinance was updated in 2008, staff have continued to address vehicle violations. The following are the number of vehicle related violations addressed by city staff for the past five years. P # ' �fl�ah�� 266 348 140 242 191 �` Ca1)tfoeiee 360* 1,318* 914 2,214 1,632 Current Ordinance Summary A summary of the current city ordinance in relation to vehicle standards at residential property is provided below: • All vehicles stored at a property must be properly licensed and in operable condition. • All vehicles stored at property must be owned by a resident of the property, with the exception of temporary guests. • Vehicles stored in the front yard or side setback (not defined as side yard), must be located on an approved surface such as gravel, bituminous or concrete. • • Commercial vehicles may not be parked on residential properties except for reasonable deliveries or service up to 2 hours. • Vehicles may not be stored on the street overnight between the hours of 2 am and 6 am, or for more than 6 continuous hours. • After a snowfall, vehicles may not be stored in the street for plowing activities. Options for Consideration There are many options to consider when updating the ordinance pertaining to vehicle parking and storage standards. An effective solution to address vehicle- related issues will be based on the characteristics of properties in the city, and likely involve a combination of options and multiple ordinance sections. Some items to consider include the following: 1. Definition of vehicle a. Different vehicle types may be regulated such as commercial vehicles, recreational vehicles, motorized vehicles and trailers. b. There can be a clarification between temporary guests parking and resident parking/storage. 2. Defining yard space a. One option that may be considered is limiting the area of the property that may be improved as parking surface. Le. Green space, pervious surface, etc. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION b. Another option would be to define areas of the yard such as front, side, and rear yards and different restriction could be placed based on the yard location. 3. Parking surface a. Parking surface requirements could include impervious surfaces b. Improved surfaces could be required in the rear and side yard storage locations for all vehicle types or certain types of vehicles such as motorized, trailers, RVs, etc. 4. Limiting the number of vehicles a. The number of vehicles could be limited. In previous years, there have been previous discussions by council to limit the number of vehicles to 6 vehicles or less without consensus. b. Requirements such as one vehicle per licensed driver are difficult to enforce. c. Vehicle limit could be based on the type of vehicles that are at the property. Some cities restrict by defined units. (example: Recreational vehicles, non - motorized, commercial vehicles or passenger vehicles) Based on Council feedback, staff will research specific options and create a draft ordinance for review. Policy Issues: What factors should be considered in developing vehicle regulations? Le. Size of properties, size of households, number of affected parties, types of vehicles on the market, staff workload, legal parameters Council Goals: Strategic: 1. We will ensure a safe and secure community 3. We will stabilize and improve residential neighborhoods Attachments: Attachment I- Current Residential Parking Surface Requirements Attachment II- Vehicle Issues and Code Options Attachment III - Sample Code Sections Attachment IV- Applicable Code Sections Attachment V- Examples Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Attachment I- Current Residential Parking Surface Requirements Residential Parking Surface Requirements Summary The following is a general summary of the surface requirements for vehicles located on residential property. Please refer to the various lot diagrams indicating parking surface requirements. Vehicles Located in Front Yard Vehicles located in the front yard 35 -foot setback must be stored on the driveway. In cases where a parking pad is allowed adjacent to the driveway, the surface must be paved or graveled, even if the driveway is dirt. Vehicles Located in Side or Rear Yard Generally, vehicles located in the side or rear yard may be stored on grass. The surface beneath the vehicle must be maintained, such as keeping the grass mowed. However, for corner lot properties, in the side yard adjacent to the public street, vehicles placed in the 25 ft setback must be located on a paved or graveled surface. Note: Property lines are generally located 15 feet back from the street edge. The setback would be an additional 25 feet or 35 feet as applicable. Since right -of -way (R.O.W.) distances will vary, it is important to locate property lines. • Fig. 1 Standard Lot Fig. 2 Standard Corner Lot W_ Z o J. LaJ O Q .O REAR Cr ..'. m it REAR 25 115 T ADJACENT TO STREET UJ house garage I°—n 2 house garage . Ln 1: :: +n FRONT c q ........... .... FRONT.``. PROPERTY LINER PROPERTY LINE . R.O. W...... . . CURB /ROAD EDGE CURB /ROAD EDGE Vehicles located in shaded area must be placed on a paved or graveled surface. 4 Fig. 3 Garage in Rear Yard Fig. 4 Alley Lot • ALLEY ROAD EDGE /PROPERTY LINE REAR driveway garage garage REAR Li w C3 house o ° house r � r M FRONT Ln FRONT PROPERTY LINE PROPERTY LINE*" R.O. W..' .. R 0 W CURB /ROAD EDGE CURB /ROAD EDGE Vehicles located in shaded area must be 0 placed on a paved or graveled surface. Fig. 5 Deep Lot Fig. 6 House in Side Yard REAR REAR w w N house garage y w SIDE ° house FRONT garage FRONT r M j D 3 ' ERT UNE PROPERTY UNE�-� i v` R.O.W. CURBAOAD EDGE CURB /ROAD EDGE 0 Vehicles located in shaded area must be placed on a paved or graveled surface. 5 Attachment II- Vehicle Issues and Code Options 1. Vehicle Parking Surface Requirements. Code Sections 19- 103.14, 35-710 Issues: In some situations, the definition of the front yard and the front and corner lot side setbacks create confusion for the general public, and are susceptible to inconsistent interpretation. For certain residential lots, as illustrated in the lot diagrams, vehicles may be located on a landscaped surface in locations in which the general public would consider a front yard, and expect a hard surface requirement. In some cases, property owners are not maintaining the landscaped area under vehicles, resulting in long grass /weeds or dirt/lack of groundcover. Option: 1) Clarify code to state vehicles located in front yards and vehicles located between structures and an abutting public street in front and side yards must be located on a paved or graveled surface. 2) Add code language to require all vehicles to be located on paved or graveled surface. A green space requirement for the whole property would be recommended, in addition to the existing 50% front yard green space requirement, so a majority of a property could not be paved. 3) Add code language to require existing dirt and gravel driveways, if not maintained, to be upgraded to paved or concrete surface. • 3. Large Number of Vehicles on a Property and/or Vehicles Parked in Rear Yards. No code speck to quantity or location restriction for vehicles. Issues: The number of vehicles associated with a single residence has increased, often exceeding the capacity of the designed parking areas, the driveways and garages. In many cases, garages are used to store items other than vehicles. Therefore, vehicles are parked on landscaped areas, in side and rear yards and in the streets. Screening requirements are not effective in eliminating potential environmental and safety hazards or the unattractive appearance to adjacent residents with second stories or decks. In addition, where vehicles block access to areas beyond the parked vehicles, emergency response efforts may be hampered. Large numbers of vehicles may add to a problem by creating additional hazards. Option: 1) For the side and rear yard, add a limitation to vehicle storage (need to consider motorized, non - motorized, recreational, etc.) such as surface requirement, green space, number, etc. 6 Attachment III- Sample Code Sections "For Illustrative Purposes Only" Any proposed code amendment would require further determination where code amendments should be cited, where conflicting language exists in city ordinances, and requires review by the city attorney. Sample #1 This sample ordinance would provide for a definition of an improved parking surface, restrict the amount of green space, and require all vehicles to be on an improved surface. 19- 103.14 a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided , if they parked or s t or ed i th fient yard ^ ^ ^ y ard a re or- abttfg apubki stmet they must be parked or stored on an improved parking surface and atAhefized pafldng- -e r- dFiveway afea or- —a- paved -- ^, ^a eyAens e f a uthorized paFk ng ^r- driveway ^ n be in compliance with Section 19 -1301 through 1305 of the City Ordinances. " t ea a ; . _ ... a nd pave e gmyeled ex4e ieas ther-ee€ The improved parking surface may not exceed 50% of the front yard or a side yard adjacent to a street area abuWfig a publie stme and may not exceed 75% of the total property area unless approved by the City Council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. P P p ty Definition Improved Parking Surface: All parking surfaces for motorized and non - motorized S vehicles shall be concrete, asphalt, or Uavel. Sample # 2 This sample ordinance provides for a definition of an improved parking surface. It also required an improved surface for motorized vehicles throughout the property, but allows for non - motorized vehicles to be located on an unimproved surface in the backyard of a property. 19- 103.14 a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in a yard area abutting a public street, including front and side yards they must be parked or stored on an improved parking surface and gFaveled eK4easiea of an • +h par rdr-ive?ov�^�an be in compliance with Section 19 -1301 through 1305 of the City Ordinances. In the rear yard all motorized vehicles shall be parked on an improved surface. "ru4hefzed driveways and paved or- graveled The improved parking surface may not exceed 50% of the front yard or a side y ard adjacent to a street area ab ^ publie s4eet. and may not exceed 75% of the total property area unless approved by the City Council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. Definition: Improved Parking Surface: All parking surfaces for motorized and nonmotorized vehicles shall be concrete asphalt, or gravel Nonmotorized vehicles located in the back yard may be stored on a maintained unimproved surface. 0 7 Sample #3 This sample provides for a limit to the number of vehicles stored outside at a property. All single family residential properties shall not have more than 6 vehicles stored outside at the properly. This does not included vehicles owned by temporary guest. Definition: Temporary Guest: A temporary guest is a visitor that does not exceed more than two consecutive weeks and does not exceed a total of 6 weeks in a calendar year. Sample #4 This sample could be used in concurrence with the previous examples to create a clearer definition of yards and multiple property layouts. REAR REAR REAR w garage o N w SIDE ° house A house gorage house N garage FRONT ; FRONT FRONT' PROPERTY UNE ---t T 3 a R.D.W. PROPERTY LINE w� 4 CURB/RDAD EDGE v` ..�R.O.W. CURB /ROAD EDGE PROPERTY UIE D m CURB/ ROA0E J W� 3 z oo W � � REAR REAR 25 FT �5F im ADJACENT TO STREET house garage house garage v FRONT FRONT_ o `�. ROPERTY UNE—w- v PROPERTY, LINE�� - R.A.W. R.O.W CURB /ROAD EDGE CURB /ROAD EDGE " 8 Yard Language YARD. An open space unobstructed from the ground upward with the exception of landscape materials and minor fixtures of a non - structural nature commonly found in a yard. For the purpose of this chapter, front yard, side yard and rear yard shall have the following meanings: (1) Yard, Front. The area between the front lot line and a line drawn along the front face or faces of the principal structure on the property and extended to the side property lines. Where a lawful existing garage is located closer to the front lot line than the principal structure, the front yard is the area between the front lot line and a line drawn along the front face or faces of the principal structure to the perpendicular line following the accessory structure to the front face of the accessory structure and extended to the side property line. For properties where the front yard definition is not applicable, the city will determine the front yard area. (Figures 1 - 5) (2) Yard, Rear. The area between the rear lot line and the closest portion of the principal structure and abutting the side and front yard. (Figures 1 - 5) (3) Yard, Side. The area extending from the front yard to the rear yard along a side lot line measured perpendicularly from the side lot line to the closest point of a structure. (Figures 1— 5) i 9 I Attachment IV- Applicable Code Sections • CHAPTER 19 PUBLIC NUISANCES AND PETTY OFFENSES Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the City Council as part of a plan approval for an apartment complex pursuant to • Section 35 -230 of the City Ordinances. b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. C) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially used property must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property.) d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. • 10 CHAPTER 35 - ZONING ORDINANCE Section 35 -710. SURFACING, DRAINAGE AND CURBING. In all districts, other than RI and R2, all open off -street driving and parking areas shall be improved with a minimum of two inches of hot mixed paver laid bituminous mat, or a comparable concrete slab, placed over a well compacted subgrade and gravel base. The base gravel shall conform to the Minnesota Highway Department specifications for Class 5 gravel. In other than R1 and R2 districts, drainage plans shall be submitted to and approved by the City Engineer; drainage shall be discouraged across sidewalks or driveways. The perimeters of all driving and parking areas shall be bounded by cast in place concrete curb and gutter which conforms with the Minnesota Highway Department Type "B- 612 ". Other shapes of concrete curb and gutter may be permitted providing the design provides an equal cross - sectional area and is approved in writing by the City Engineer. The concrete used for curbing shall conform to the current City specifications. CHAPTER 19 PUBLIC NUISANCES AND PETTY OFFENSES _ REGULATING THE OPERATING PARKING STORING, REPAIRING, SERVICING AND MAINTAINING OF VEHICLES Section 19 -1301. INTENT AND CONSTRUCTION. The collection of unused and unusable motor vehicle bodies, parts, engines and related accessories having become a common occurrence in the community, and such collection having become a visual blight and source of danger to the physical and mental well being of children and adults within the community, and such collection having become a visual blight and source of concern and complaint by citizens of the community, this vehicle ordinance is enacted for the purpose of prohibiting the collection and maintaining of such motor vehicle bodies, parts, engines and related accessories. Nothing in Sections 19 -1301 through 19 -1307 is intended to restrict the abatement of abandoned vehicles as regulated in City Code Section 19 -1001 or the towing of illegally parked vehicles under City Code Section 27 -121. Section 19 -1302. DEFINITIONS. The following words and terms are defined as follows: a. PERSON: Any natural person, property owner, tenant, occupant, lessee, firm, association, partnership or corporation, and agent of any of the aforesaid, except duly licensed new and used car dealers, while engaged in the lawful operation of their business. b. IMPOUND: To take and hold a vehicle in legal custody. C. INOPERABLE OR JUNK VEHICLE: Any vehicle that does not have a current vehicle license for operation within the State of Minnesota; or that is not in operable condition, or that is placed on jacks, blocks, or other supports; or that is 11 partially dismantled; or that is used for sale of parts, or as a source of repair or replacement parts for other vehicles; or that is kept for scrapping, dismantling, or • salvage of any kind; or that is otherwise in a condition that renders it unlawful to operate on public streets in the State of Minnesota. d. VEHICLE: Any vehicle, motor vehicle, semi - trailer, or trailer as defined in M.S. § 169.01, as it may be amended from time to time, including pioneer, classic collector and street rod vehicles, demolition vehicles, race cars or any machine or equipment propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery. It also includes, without limitation, automobile, truck, trailer, motorcycle and tractor. Section 19 -1303. PARKING AND STORAGE. No person shall park, keep, place or store, or permit the parking or storage of an inoperable or junk vehicle on a public street, alley, or public property in the City for more than 6 hours or on any private lands or premises in the City for longer than 48 hours with the following exceptions: a the vehicle is located within an enclosed building on such premises; or b. the vehicle is located on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or C. the vehicle is located in an appropriate storage place or depository maintained in a lawful place and manner by the City. Section 19 -1304. STORAGE OF PARTS, ENGINES, AND RELATED ACCESSORIES. No person shall store or keep parts, engines and related accessories on a public street or alley or on any private lands or premises in the City unless such parts, engines, and related accessories are kept or stored within an enclosed building in compliance with City codes. Section 19- 1304.5 ABATEMENT OF AN INOPERABLE OR JUNK VEHICLE. A vehicle found in violation of Section 19 -1303 is considered a public nuisance and may be impounded by the City Manager or the Manager's designated agent. Vehicles that are in violation of Section 19 -1303 only by reason of failure to be properly licensed will not be impounded until 90 days after expiration of the vehicle's license a. Notice and hearing. Before impounding a junk vehicle or inoperable vehicle, the Manager or designated agent must give 10 days' written notice through service by mail, by posting a notice on the property, or by personal delivery to the owner of, or person in control of, the property on which the vehicle is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the property is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the property. The notice must state: 12 (1) A description of the vehicle; • (2) That the vehicle must be moved or properly stored or otherwise brought -1303 within 10 days into compliance with Section 19 s of service of the y notice; (3) That if the vehicle is not removed or properly stored or otherwise brought into compliance with Section 19 -1303 as ordered, the vehicle will be towed and impounded at an identified location; (4) That the vehicle may be reclaimed in accordance with the procedures contained in M.S. §168B.07 or disposed of in accordance with M.S. §168B.08; (5) That the property owner is responsible for any costs associated with the abatement, including any administrative fees; and (6) That the owner of the vehicle or the owner of or person in control of the property on which the vehicle is located may make a request in writing for a hearing before the City Manager or the Manager's designated agent. b. Hearing, action. If a hearing is requested during the 10 -day period, the City Manager or the Manager's designated agent must promptly schedule the hearing, and no further action on the towing and impoundment of the vehicle may be taken until the City Manager's decision is rendered. At the conclusion of the scheduled hearing, the City Manager or the Manager's designated agent may (1) cancel the notice to remove the vehicle; (2) modify the notice; or (3) affirm the notice to remove, specifying the date by which the vehicle must be removed. If the notice ® is modified or affirmed, the vehicle must be disposed of in accordance with the written order of the City Manager or the Manager's designated agent. C. Impounding procedures. The impounded vehicle will be surrendered to the owner by the towing contractor only upon payment of the required impound, towing and storage fees. Vehicle impounding will be conducted in accordance with M.S. Ch. 168B, governing the sale of abandoned motor vehicles. d. Assessment of administrative costs. The City costs of abatement shall be a lien against the real estate on which the nuisance existed and may be levied and collected as a special assessment in the manner provided by M.S. § 429.101. All the provisions of M.S. § 429.101 are incorporated by reference. Section 19 -1305. CONSTRUCTION AND APPLICATION. Nothing in Sections 19- 1301 through 19 -1307 shall be construed to permit any act prohibited by any other ordinance, statute, or rule of law. Section 19 -1306. SEPARABILITY. Should any section, subdivision, clause, or other provision of Sections 19 -1301 through 19 -1307 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of Sections 19 -1301 through 19 -1307 as a whole nor of any part thereof other than the part so declared to be invalid. 13 Section 19 -1307. PENALTY. Any person violating the provisions of Sections 19 -1301 through 19 -1307 upon conviction, shall be guilty of a misdemeanor. 0 CHAPTER 27 - TRAFFIC ORDINANCE Section 27 -120. PARKING RESTRICTED AND PROHIBITED. 1. No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any highway or street in the City of Brooklyn Center between the hours of 2 a.m. and 6 a.m., nor for more than six consecutive hours at any other time. No person in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time. 2. No person in charge of any vehicle shall park or permit such vehicle to stand upon any street, highway, parking lot or other area within the City of Brooklyn Center in violation of posted traffic control devices. 3. No person in charge of any vehicle shall park or permit such vehicles or any part thereof, to stand upon a public sidewalk or upon the nonroadway area of any public street right of way. 4. The Chief of Police or his/her designee may allow short-term exceptions to the above stated parking restrictions under certain circumstances if requests for such exceptions are submitted to the Police Department at least two hours prior to the time period for which the exception is requested, and if he /she determines that the granting of such exceptions will not create problems affecting the health and safety of the citizens or unduly affect traffic movements or street maintenance operations. Specific examples of events for which exceptions may be granted if all conditions are met include but are not limited to: a.) family gatherings for special events such as weddings, graduations, anniversaries, and funerals in residential areas. b.) civic events such as community celebrations and parades. c.) reconstruction or resurfacing of driveways. d.) out of state visitors with large R.Ws. 0 14 Attachment V- Examples Corner Lot- Recreational equipment and vehicle in rear yard in compliance with codes, but long grass violation. + I s TM 07/19/200T • s (Same property) Location in compliance in rear yard, vehicle is inoperable and is in violation of junk vehicle ordinance L �a�• r ��; �, .gym= - View from front, landscape surface not in violation x IL .i . • ' ^ w •R ,' — �s�.w �. .r•' - -atx� ..= i �, t a ;.v5�.1 e f 07/1 91 ' 2007 ; . _ • Vehicle in front yard on unapproved surface in violation, damaged landscaping t L1' dwi a0�0����0000�1 9�:4g Vehicles in front yard on unapproved surface in violation, damaged landscaping � e _ 7 Y;p4 y 5�p 'S I � i �`�• � � I \ \� �osxxwvwwr �. :� 08/01/2007 10 31 t ?+ h a � r� r7� cf 1Ly�• ;r c � } r . Y �r `GL Ski ( � •' �l 'I (': 1 Gam '. � � � " � - Previously cited for parking illegally on street overnight, later move to yard. 7 3 } Vehicle in si de yard in compliance • • • Vehicle rY n pp L `.� r-� � .•�.� ' 07 l 3112007 12:31 on • t in violatio vim.. m -- 0612912007 14:52 *i Vehicle in side yard in compliance, unmaintained lawn 1# 7,7 6 0 , v"� . �'•�ES Y ? r �;"' ^ � - --tee. - g� i 1 1 48 Vehicle in side yard in compliance, approved surface with design and maintenance problems : -oil R i7t s.— rk I - S. • • i l r x; r_n I N - / V A °�13I1 /2CO 13 0'1 Vii'' ,� • - +rS w, a "7 s J' - -. _ - .■aso.�., ' .f ..07 -1f5 4,6 -RUIRTWOURTMANTAKINTS elm rt f SL 'r � "7 ��' . ' t��� •_ r � � F h IL'. � 0,8116/2007 C2.3 J Vehicles stored in the side and rear yards in compliance, unmaintained and damaged lawn a t Front view and back view MM 1 1 Corner Lot- damaged landscaping from unapproved driveway, multiple vehicles at times, periodically on sidewalk, overnight parking issues t f• Licensed vehicle, trailers, and equipment in side and rear yard in compliance, unmaintained lawn, would have to drive illegally through easement to access this area i j/ i� h z i o - y ,. I i' a` ��1 :' t �`'e .i t„ .� 3 ,-I.. •.: ?'• "�''•,'�„'�jJF�,. � :r � �a�'�f�AtA.i'b<e I � A ,� , _ t ��. ��, 1 I d � � 8 h ' 9 yvsrti �a., f a1c. rill ��v.'`st� it i Trailer • Equipment Storage yard unmaintained lawn, junk a r , i �'+ S � � ! ,� � ♦ T 1,� rrt'.�� r" ''�i j s� i ,'� ° 1 i ' • � T'Y.,a t �+�F� �c Z� - A 4. - ;l\ � � '1 1 'r�.w, :r �< t d INTENTI ONALLY BLANK I 7 07/27/L�01 13 47 'i., •� ~:/ t�k: r i i' -f gyp . {ol o•-- ,r- ., ,:. *07/27 13 47 i r 1� '�� "r mwrapj� J / rrn." : � � «,•;;:" Y °�L 07 / 27l 2007 13 05 + Large number of vehicles, unapproved surface and damaged landscaping Number of vehicles, unapproved driveway, damaged landscaping mo w•' � ry 7 �+ M • - ��r aJ. �. ' � � �: - Y -- -rte 1 r _ ir5a - 10/2007 15 .2Q r Al WA i j 1 Num of overflowing • street (First view) I. ; M Large � it � �,. T » �•A r ,� Ziy l.. • �� A , �f .. ;i t. � t p. t X71 ^' •. + ` -. �,' � ,'{�. ��t x '• , it . o 07127/2007 14 01 num of overflowing into street (alternate view) 1 - f •� R ey 0712712.007 11:41 Effects of chronic parking on front yard, damaged lawn ;. .� s .� y5� �� ,. .ar• � �' 1 3 ep . , ;s . � ,� :• � ,t,.,,, ..... ��,;y� ;,pia � _ - .,. _.: Side yard storage- Vehicles behind front setback in compliance t � ®moo ®o MUM 00 �_ i Large number of vehicles, driveway in poor condition, unapproved surface areas y ! r K' Ib"7 o op op uM W-M k� Unmaintained driveway, weeds 06120 12007 13 :46 Attem pted parking •.• spillover o � t ©6/2�0l2007 1347 �iy 3 W 07 / 27 /,2007 , 13 58 Vehicle in side yard, damaged driving and parking surface 4 6 ' - Damaged driving and parking surface MUM AM r • I - t "wil j 4 t� A 99•� ti '-4 y _ r �•' - -+� ate. 'r�..� -�. �� ,y �� y i . ._ � � t r r � •`�,yj ,,j6}�, it �.d r, r; :.�wv ..e<+'7�, '....• "'Po r .. `''` 06/19/2U07 14:45 Num ber of • o Vehicle 07127120'07 1405 F or o �•- +. _ Iowa. i � _ : ., �I 06121 / 2007 13 5�7 Z. Vehicles parked on grass in side yard in compliance, damaged surface 1- "i _ :� �.. y, L....l P . ' 41: ad Vehicle in side yard in compliance, damaged landscaping � a 1 " a. •h �'• � /,fir i .�.��' '`:+' ,. • •,Ir i i . Vehicles on landscaping, unmaintained yard in violation, impact of number of vehicles Vehicles on landscaping in violation, impact of number of vehicles OR - L Work Session Agenda Item No. 2 'MEMORANDUM - COUNCIL WORK SESSION DATE: February 11, 2011 TO: City Council FROM: Curt Boganey, City Managg,5�13 SUBJECT: Review of 2010 Success Targets Annual Results Recommendation: It is recommended that the City Council consider providing direction to staff regarding acceptance of the 2010 Success Targets Annual Results Report. Background: A year ago the City Council reviewed Strategic Goals,Ongoing Goals, Desired Outcomes and for the first time established success targets. The success targets are intended to be a way of focusing City efforts expecting that the pursuit of these targets will lead to the Desired Outcomes and Goals of the City Council. As stated last year, the targets established are deliberately aggressive and difficult to achieve. They are intended to encourage creative solutions and clearly focus effort and resources. You will note that while some targets have been met or exceeded there is much work to be done to achieve most of the targets. In many cases we will need to use 2011 as a year to gather base line data before we can adequately measure progress. In many cases the targets are long-term and success will not be realized for several years. I encourage the staff and Council not to be discouraged that many targets have yet to be met, because it is not the achievement but the pursuit of the target that will make all of the difference. I am pleased to share this first annual report and look forward to receiving your comments, suggestions and feedback. Policy Issues: Does the report provide the data/information needed by the Council to assess target accomplishments? How can the report be improved for the benefit of the Council? Council Values Vision and Planning- We believe that the very essence of leadership is to be visionary and to plan for the future. i Mission:ensuring an attractive,clean,safe conrnurnetr that enhances the cluallty of Iije crud preserves the public trust DRAFT Annual Results 2010 , This report documents results toward the achievement of Strategic and Ongoing Desired Outcome Measuring Success Success Targets established by the Brooklyn Center City Council • i 0 0 OUR MISSION • To ensure a clean, safe, attractive community that enhances the quality of life and preserves the public trust OUR VALUES Excellence and Quality, Ethics and Integrity, Vision and 41 Planning, Fiscal Responsibility, Cooperation and Teamwork, Open and Honest Communication, Professionalism 2 STRATEGIC GOALS- Desired Outcomes-Success Targets 1. We will have a safe and secure community a. The threat and fear of real or perceived crime among citizens and others will be greatly reduced i. Reduce Violent Crime by at least 10% annually Target Target Met Not • • X Data/Information/Explanation: Reporting Agency: Police Violent Crime declined by 19.25%in 2010 nearly double the target set. In 2010,Brooklyn Center total violent crimes were 130 compared to 161 in 2009. Since 2008,total violent crimes have declined 33% when there were 195 violent crimes committed. Violent crimes are defined as Homicide,Rape,Robbery, and Aggravated Assault. Source:Crime analyst report dated 12.31.10 H. Reduce Property Crime by at least 10 % annually Target Met Target Not Met Undetermined X Data/Information/Explanation: Reporting Agency: Police Prol?M crime declined by 20.33%in 2010 double the target set. In 2010,Brooklyn Center property crimes were 1352 compared to 1697 in 2009.Since 2008,total property crimes have declined 33.95% when there were 2047 property crimes committed. Property crimes are defined as Burglary,Larceny, Auto Theft,and Arson. Source: Crime Analyst report 12.31.2010 3 • • b. Citizens will feel and be safe in their homes areas of concern and throughout the City i. City Survey results will reflect that all residents feel safe in their homes. X Data/Information/Explanation: Reporting Agency-Police A citizen survey was not conducted in 2010. In 2011,we will conduct an unscientific poll throughout the year in anticipation of a statistically valid survey to be conducted in 2012. The four scheduled neighborhood meetings in 2011 will be a start for the poll with other public gatherings to be considered throughout the year. Source: N/A ii. City Survey results will reflect that all residents feel safe throughout the City (no places deemed unsafe) M Data/Information/Explanation: Reporting Agency-Police A citizen survey was not conducted in 2010. In 2011,we will conduct an unscientific poll throughout the year in anticipation of a statistically valid survey to be conducted in 2012. The four scheduled neighborhood meetings in 2011 will be a start for the poll with other public gatherings to be considered throughout the year. Source: N/A 4 iii. City survey results will reflect that all residents feel safe walking alone at night in their neighborhood. Target Target Met • Met Undetermined X Data/Information/Explanation: Reporting Agency-Police A citizen survey was not conducted in 2010. In 2011,we will conduct an unscientific poll throughout the year in anticipation of a scientific survey to be conducted in 2012.The four scheduled neighborhood meetings in 2011 will be a start for the poll with other public gatherings to be considered throughout the year. Source: N/A 2. Aggressively proceed with City redevelopment a. Privately funded redevelopment will expand and improve i. At least 50% of the privately owned residential vacant properties will be redeveloped within the next five years (2015) adding to the adjusted for inflation taxable value o f the . Redevelopment of these properties will commence City. within two years (2012) Target Met Target • t -Undetermined X Data/lnformation/Explanation: Reporting Agency-Business and Development None of the identified vacant residential properties have been developed. This goal was established with approximately 8.5 acres of vacant residential land,7 acres of which is contained in the second phase of the East Brook Estates, a single family residential.subdivision which had received preliminary plat approval in 2006. In 2010,a 2.2 acre parcel,located between the Evergreen Estates Townhome and the River Glen 5 Apartments was added to the vacant properties list. City Staff continues to have discussions on the potential development of these properties. Development/redevelopment has not been considered feasible until the residential development market improves. Source: ii. At least 80% of privately owned vacant commercial properties will complete redevelopment within the next five years, adding to the adjusted for inflation taxable value of the City. Redevelopment of these properties will commence within two years (2012) In Data/Information/Explanation: Reporting Agency-Business and Development Approximately 67%of the identified vacant commercial parcels have been approved for development. The 5 major vacant commercial properties identified with this goal comprise approximately 36 acres in area and include the following: the former NW Racquet Club site (8 acres),the former Howe Fertilizer Site(5 acres),the former Jerry Food Site (4 acres),the 2nd phase of the Adult Education Site (3 acres), and the 3rd phase of the Luther Automotive Site (16 acres). The City Council has approved development plans for 3 of the 5 parcels or approximately 67 % of the vacant commercial properties. City staff has had discussions on the potential development of the NW Racquet Club site and believes that the redevelopment of the Jerry's Food site will follow the development plans for the Brookdale Mall site. Source: 6 M. At least 50% of blighted/economically obsolete commercial properties will be redeveloped within the next five years adding to the adjusted for inflation City Tax Base. Redevelopment of these properties will commence within two years (2012) Target • Met Undetermined X Data/Information/Explanation: Reporting Agency-Business and Development To track the results of this success target we will inventory commercial properties to establish a base line of blighted/economically obsolete proyerties.This goal did not identify specific properties at the time it was set and will involve further assessment of vacant commercial properties to determine whether the vacant status is a factor of current market conditions or if they are blighted/economically obsolete properties. Examples of commercial properties that are being considered for redevelopment include the former Hollywood Video Store (63rd Ave. &Brooklyn Blvd.) and the portion of the mall (123,000 sq.ft.) north of Sears. An example of repositioning commercial properties includes the use of approximately 26,000 sq.ft. of the Office Max Center for Brown College. An example of the removal of these commercial properties is the planned demolition of approximately 750,000 sq.ft. of the Brookdale Mall and replacement with a Town Centre to be known as Shingle Creek Crossing. Source: b. "Opportunity Site" redevelopment will commence i. 30% of the privately owned properties north and east of John Martin Drive will commence redevelopment within five years (2015) Target Target Met •t Met Undetermined X Data/Information/Explanation: Reporting Agency-Business and Development None of the identified progerties have commenced redevglo ed. 7 • The properties included in this goal include the Target,Inland Commercial Center,Office Max Center,Best Buy,former K-Mart site and Davanni s restaurant. The properties include approximately 38 acres.The redevelopment of the northern and eastern portions of the Opportunity Site will be highly dependent on the redevelopment of the Brookdale Mall area and the potential repositioning of the major commercial users currently located in this area. Source: H. All of the privately owned properties north and east of John Martin Drive will complete redevelopment within ten years, adding to the adjusted for inflation taxable value of the City (2020) 91 Data/Information/Explanation: Reporting Agency-Business and Development None of the identified properties have commenced redeveloped. The redevelopment of the northern and eastern portions of the Opportunity Site will be highly dependent on the redevelopment of the Brookdale Mall area and the potential repositioning of the major commercial users currently located in this area. To date discussions have primarily focused on the reuse of the existing tenant spaces. Source: iii. At least 50% of EDA owned and privately owned properties located south and west of John Martin Drive will commence and complete redevelopment within five years (2015) adding to the adjusted for inflation taxable value of the City Q Data/Information/Explanation: Reporting Agency-Business and Development 8 Target Target • Met Undetermined The 47 acres of land identified in this goal include the former Brookdale Ford site,the Centro properties/Circuit City strip center and out parcels and the Goldmark Office Building/MN School of Business which comprise approximately 40 acres. The 5 lots along John Martin Drive contain the remaining 7 acres. Redevelopment of this portion of the Opportunity Site will be influenced by the proposed Shingle Creek Crossing redevelopment of the Brookdale Mall properties and the EDXs positioning of the 8.6 acre Brookdale Ford property which contains all of the street frontage on Bass Lake Road. Source: iv. All EDA owned and privately owned properties located south and west of John Martin Drive will commence and complete redevelopment within Ten (10) years (2020) adding to the adjusted for inflation taxable value of the City. Target Met Target Not • • X Data/Information/Explanation: Reporting Agency-Business and Development None of the identified properties have commenced redeveloped The EDA property referenced in this goal is the 8.6 acre,former Brookdale Ford site.The discussions have included potential joint planning of this property with the adjoining 23 acre Circuit City site and opportunities to include the 8 acre Goldmark Office Building site into an overall plan for a 40 acre Planned Unit Development. Source: c. EDA owned properties redevelopment will proceed expeditiously 9 � i 0 0 i. At least 50% of the EDA properties owned (Non Opportunity Site) commercial properties (approximate 12 acres) will commence redevelopment within two years. (2012) Q Data/Information/Explanation: Reporting Agency-Business and Development The 8.6 acres currently being� eveloped for the FBI regional office is approximately 72%of the success target. The EDA owns approximately 16 acres that are located outside of the Opportunity Site. These properties include five acres formerly occupied by the Olive Garden and balance of the Cracker Barrel site,the 8 acres known as the 57th&Logan site,1.5 acres for the Phase II Embassy Suites Site,and the 1.06 acres at the entry to the Brookdale properties,the former Boulevard Restaurant. The completion of the MPCA's environmental cleanup will enable the City to proceed with remarketing of this property. The goal of developing 12 acres of the total 24 acres can be achieved with the redevelopment of the balance of the FBI site and/or the commercial development of a portion of the 57th&Logan site. Source: U. All EDA owned commercial property (approximate 33 acres) will have completed redevelopment within ten years (2020), adding to the adjusted for inflation taxable value of the City N Data/Information/Explanation: Reporting Agency-Business and Development The 8.6 acres currently being developed for the FBI regional office is approximately 26 percent of the 33 acres owned by the EDA when this goal was established. The remaining 24 acres are high profile and well positioned to be part of the redevelopment of the city that will occur prior to 2020. Source: Rol 3. Stabilize and improve residential neighborhoods a. Citizens will benefit from a diverse stock of housing types and styles i. The number of home remodels will increase Target • - Not Undetermined X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards The number of home remodels decreased slightly,5.86%in 2010. In 2010,273 permits were issued with a value of$1,569,841. In 2009,290 permits were issued with a value of$1,858,851. The increase in the number of remodels in 2009 and 2010 was partly due to the implementation of the vacant building program and the greater number of substandard properties. Definition: A remodel permit includes basement finishes or changes to the current property without expansion of the property. Source:LOGIS PIMS database ii. The value added home improvements will exceed$7,500 average per permit in each neighborhood (i.e. garage additions, bathrooms, bedrooms, 2"d stories, energy efficiency improvement) annually Target Target Met • • • X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards value added permits decreased sligly in 2010 to$7,450 compared to$7,537 in 2009. Although more permits were issued in 2010,the overall value was lower affecting the average permit value. In 2010,334 permits were issued with a value of$2,488,332. In 2009,321 permits were issued with a value of$2,419,565. 11 • e • Target Met Target Not • - - • Definition: Permits analyzed included single family remodels or additions that are not commercial,multifamily or new homes. Source:LOGIS PIMS database Housing and accommodations for seniors will be available for aging residents consistent with the demand for housing by this demographic group X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards To track this success target in 2011 we must establish what the market demand is for senior housing in Brookl Center. The city works with several agencies such as H.O.M.E. Program,CEAP and Northwest Family Services to address senior needs for home maintenance. Available senior living housing includes Crossing at Brookwood,Earl Brown Terrace, and Maranatha Place. Source: Senior Housing Search.com and Internal Records iv. There will be new housing construction to accommodate the needs of those seeking modern housing and move up housing choices x Data/Information/Explanation: Reporting Agency-Buildings and Community Standards Construction on one house began in 2010 with a value of approximately$475,000 and 3,500 square feet. It replaces a house that was 1040 s uare feet. Source: Internal records ° 12 b. 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 i. Of all residential properties inspected, 90% will be in full compliance with property maintenance codes (% violation types) Target Met Target Not • • X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards 78.8%of all properties in the cft had zero violations as noted during the initial city wide sweeps. Of those properties having a violation,96.6° were brought into compliance. In certain cases,weather deferrals were appropriate or enforcement actions were required. Source: LOGIS PIMS inspection database H. All residents surveyed are aware of, understand and support the enforcement of city housing and neighborhood codes Target Not • • x Data/Information/Explanation: Reporting Agency-Buildings and Community Standards A citizen survey was not conducted in 2010 to determine the level of awareness or support for housing and neighborhood codes. In 2011,we will conduct a poll throughout the year in anticipation of a statistically valid survey to be conducted in 2012. Source: internal records c. Owner occupied housing will increase as a percentage of total housing 13 • 0 • i. At least 95% of single family residential properties will be owner-occupied 91 Data/Information/Explanation: Reporting Agency-Assessing and Ucensing As of December,31,2010,92.83%of single family homes were considered owner-occupied compared to 92.790 in 2009. Of 8,183 properties defined as single family homes,end-of-year data indicated 587 active/pending rental licenses in 2010 and 590 active/pending rental licenses in 2009,a decrease of 0.04%. Definition:A single family property is defined as single family detached, duplex,townhome or condominium. Note: In 2010, a rental license ordinance amendment requires all non-owner-occupied properties to be licensed including relative homesteads. Source:Assessing and Business License data H. At least 95% of all new housing will be built for owner occupancy X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards One new house was built in 2010 for owner occupancy. Source:internal records d. Problems associated with foreclosed residential properties will be dramatically reduced or eliminated 14 III i. 90% of qualified vacant properties will be registered and in compliance with the vacant building ordinance Target Target • Undetermined X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards 76.21%of qualified vacant properties were registered in 2010. 229 properties were issued reoccupancv permits in 2010 and were in compliance with city codes. 848 properties were identified as vacant throughout the year of 2010 compared to 913 in 2009. 597 of these properties were qualified to be registered. 455 properties were registered,with 301 newly registered properties in 2010 compared to 420 in 2009. An increase in mortgage foreclosures and fewer sales increased the number of vacant properties. Definition: Qualified properties do not include HUD exempt, snowbird,vacant for less than 30 days, and rare special circumstances. Source: LOGIS inspection database H. All vacant properties will be in compliance with property maintenance codes Target • - Not • - - • X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards Not all vacant properties were in compliance with city codes in 2010 229 vacant properties were brought into code coMRHance and issued re-occupancy permits in 2010 versus 224 in 2009. In 2010,no properties qualified for a reduced fee vacant building permit based on lack of exterior property code violations. The city conducted 261 abatements for abatable violations such as junk,unsecure, graffiti,junk vehicles, and long ass compared to 214 abatements in 2009. For junk/securing and debris,in 62 other cases in 2010 corrections was 15 made by a representative of the property versus 22 in 2009. Note: All registered vacant properties are required to pass an inspection and obtain a re-occupancy permit with all maintenance items corrected prior to re-occupancy. Source: LOGIS inspection database e. Residential property values will improve and citizens will be proud of their neighborhood i. Within three years(2013) the average residential sales price will stop declining X Data/Information/Explanation: Reporting Agency-Assessing In 2010 the median sales price of a house was$110,000,an increase of 22.220/6 from 2009. This amount is a decrease of 4.76% from 2008. The median homes sales price was$90,00 in 2009 and$115,500 in 2008. Definition: The median is used for city comparison instead of the average since it is a better statistical measure of the average home sale price and comparative data is available throughout the Twin Cities region. Source:-2010 Twin Cities Housing Market Annual Report, Minneapolis Area Association of Realtors 16 I ail • I �I ii. Within five years (2015) residential sales prices will increase at a rate equal to or greater than the rate of increase in comparable communities Target Met Target • Met Undetermined X Data/Information/Explanation: Reporting Agency-Assessing In 2010 the median sales price of a house was$110,000,an increase of 22.22%from 2009. A review of comparative Cities indicates that Crystal,Fridley, Maplewood, New Hope,and Richfield have median homes that continue to decline.The Cities of Golden Valley.Shoreview and White Bear Lake have median homes sales that have increased by 6.8%,1.9% and 2.7% respectively. Definition:The median is used for city comparison instead of the average since it is a better statistical measure of the average home sale price and comparative data is available throughout the Twin Cities region. Source: 2010 Twin Cities Housing Market Annual Report,Minneapolis Area Association of Realtors in. All residential properties will be well maintained and landscaped Target Target Not Met Undetermined 7- 1 X Data/Information/Explanation: Reporting Agency-Building and Community Standards No criteria have been established to define a well-maintained and landscaped property beyond minimum code requirements. It is anticipated that criteria will be developed in 2011. Source: Internal resources 17 • iv. All Data/Information/Expl Source: v. All Data/I A citize: surveyed will say they are proud of their neighborhood ation: Reporting Agency-Administration acted in 2010. In 2011 we will conduct a is surveyed will say they are proud of Brooklyn Center X X : Reporting Agency-Administration in 2010 In 2011 we will conduct an unscientific poll throughout the year in -vev to be conducted in 2012. Source: 4. Positively address the community demographic makeup and increasing cultural diversity a. All demogra hic groups will be represented and encouraged to participate in civic, government I, community organizations and activities 18 i I i. Members of all communities will have equal access and representation in civic, governmental, community organizations and activities Target Met Target Not • • X Data/Information/Explanation: Reporting Agency-Administration We have no data regarding access to non-governmental organizations.In 2011 we will identify and contact local civic and community organizations regarding their policies or practices for access and inclusion in activities. In 2011 we will determine if any complaints to the State Human Rights Department have been filed regarding access discrimination to City organizations. In 2011 we conduct a voluntary poll of each advisory commission to determine the age, gender and ethnic make-up of each commission.The demographic makeup of City Employment was as follows: On June 30,2009 On June 30,2010 Full Time White Black Hispanic Asian or A.Indian Full Time White Black Hispanic Asian or A.Indian Pacific Islander or Alaskan P.Islander or Alaskan Male 101 3 0 1 1 Male 102 6 1 2 1 Female 52 1 0 2 0 Female 53 0 0 1 0 Part Time Part Time Male 116 6 3 4 1 Male 115 13 3 4 0 Female 112 13 3 2 1 Female 112 10 1 2 1 New Hires New Hires Male 6 0 0 0 0 Male 5 3 1 1 0 Female 2 0 0 0 0 Female 3 0 0 0 0 Source: Human Resources Report EE04 and Update b. Youth will be adequately served by recreation and educational programs and activities 19 0 0 0 i. All youth desiring to will be productively engaged in recreational activities or educational programs X Data/Information/Explanation: Reporting Agency-Community Activities Recreation Services 2010 CARS program and activity registrations have been"mapped"to establish a baseline and determine service Saps. A comprehensive youth survey was conducted in 2009. In 2011 we will conduct an unscientific poll throughout the year in anticipation of a more robust survey to be conducted in 2012. A multiyear grant was secured from the McKnight Foundation to continue development of the Brooklyn s Youth Council. CARS Department strategic planning is in process,with an emphasis on including underserved populations. Source: H. Participation in community programs and activities will reflect the demographic makeup of the community In Data/Information/Explanation: Reporting Agency-Community Activities Recreation Services 2010 program and activity registrations"mapped"to establish a baseline and determine service Saps.With the assistance of the Northwest Hennepin Human Services Council, demographic information was assembled for the community. This information will be compared to the 2010 Census data,as soon as it becomes available joint grant application with Brooklyn Center School District for a Hennepin County Youth Sports Grant approved for the, construction of a new community gymnasium at Brooklyn Center High School. We estimate over 16,500 youth will use 20 Target Target Not Undetermined the gymnasium each year, once construction is completed. Source: C. The social, health and housing needs of the aging and moderate income population will be improved i. Service gaps in the social, health and housing needs of the aging and moderate income community members will be reduced and eliminated over time Target Met Target Not •e e• X : R A en Data/Information/Explanation ortin Reporting Agency-Business and Development g In 2011 Information will be collected from CEAP,HOME,and NW Family Human Services and Hennepin County to establish a baseline of service saps. The information from the 2010 census will assist the City in the determination of future senior housing needs of the community and update the Housing Element of the Comp. Plan. Source: 5. Continue to maintain and improve City infrastructure a. The City public buildings and other major equipment and physical assets of the City will be maintained and improved 21 0 0 0 i. Meet or exceed the minimum maintenance condition standard for City facilities X Data/Information/Explanation: Reporting Agency-Public works A specific maintenance condition standard has not been established pertaining to City facilities but will be established and reported in 2011.The Capital Maintenance Building Plan for Municipal Public Buildings was finalized in 2007 and outlines specific maintenance priorities for each of the City's buildings to the year 2025.The 2010 CIP included $261,000 of funding for a Capital Maintenance Building project.The project is 95% complete and the remaining portions will be completed in the spring of 2011. Source:2010 Capital Improvement Program and Capital Maintenance Building Plan November 2007 ii. Customers provide positive feedback pertaining to City facilities (clean, attractive buildings) X Data/Information/Explanation: Reporting Agency-Public Works A citizen survey was not conducted in 2010. In 2011,we will conduct customer/staff surveys. Source: ill. Maintain public access and availability for City park facilities and infrastructure X Data/Information/Explanation: Reporting Agency-Public Works In 2010,all Bark and trail facilities were kept open and maintained to the 2009 level with the addition of providing handicap accessibility to the new Willow Lane Park shelter. 2010 improvements to maintain and improve the City's narks include the following: added and installed a new park shelter including other miscellaneous facility improveme: 22 Target • Undetermined at Willow Lane Park,a plan to restore the wood chip trails in Palmer Lake Park was developed in 2010,and other miscellaneous maintenance (painting,fencing repairs,irrigation upgrades,etc.)throughout the City's park system. In 2011,the Palmer Lake West park building is scheduled to be replaced. Source: iv. Reduce graffiti occurrences and complaints. Target Met Target Not • • X Data/Information/Explanation: Reporting Agency-Buildings and Community Standards In 2010,38 cases of graffiti were reported,a reduction of 35.59%from 2009 and 43.28%from 2008. 59 cases of graffiti were reported in 2009 and 67 in 2008. Staff typically responded to the report within 2 days and achieved compliance in all cases. Source: LOGIS Inspection database, Police Database b. Neighborhood streets and utilities will be maintained and improved i. Citizen rate reconstruction projects as meeting or exceeding expectations via survey sent to project area residents Target Met Target Not Met Undetermined X Data/Information/Explanation: Reporting Agency-Public Works A citizen survey was not conducted in 2010. In 2011,we will conduct a survey with all project area residents. In 2010,310 final project letters/comment forms were sent to residents within the reconstruction project areas and 15 residents responded. Both positive and negative comments were received,many pertained to specific warranty and punch list items that remain to be completed. Source: 23 • i • 0 0 ii. Using a pavement index rating system, meet or exceed the established acceptable roadway rating standard KI • Data/Information/Explanation: Reporting Agency-Public Works The City's pavement rating system is currently being_uydated and a standard has not been set. In 2011,the City will continue updating the pavement management system with a goal of completing the update and establishing a standard in 2012. Source: M. Reduce pothole and roadway complaints 91 Data/Information/Explanation:Reporting Agency-Public Works In 2010,the City responded to 175 pothole issues,which was an increase from 153 in 2009. Many potholes were reported in areas where the sealcoat/roadway prematurely failed,which issue is currently being evaluated as to cause. The sealcoat program was put on hold in 2010 until this cause is determined.The sealcoat funding was shifted to pothole repairing and in 2010,public works crews spent approximately$26,000 in materials to patch and repair potholes. Additionally,$102,363 was spent in separate contracts to repair the more significant issue areas throughout the City. Source: Public Works Records iv. Reduce sewer blockage and watermain breakag%omplaints 24 i Target Met Target • Met • • will be implemented in 2011. An indicator of the success of the program is that in 2010,there were no City backups in City sewer lines out of the 94 possible backups reported. In 2009,there was one backup related to City owned/maintained sewer lines out of the 99 possible sewer backups reported. The City also has significant televising,root sawing and visual inspection programs to maintain the sewer capacity and minimize sewer blockages.There were five watermain breaks in 2010 and five in 2009.The City's reconstruction program is a significant element in meeting this goal through the systematic replacement of the utilities. Source: Public Works and Finance Utility Records v. Complete the citywide street and utility reconstruction program within 10 years (2020) Target Target Not • • X Data/Information/Explanation: Reporting Agency-Public Works In 2010 the DuPont Avenue and the Twin Lakes Area street and utility reconstruction Rrojects were initiated and will be completed in 2011. In 2010,steps were implemented to advance the 2012 neighborhood street and utility reconstruction project to 2011. Future funding strategies will need to be further evaluated to maintain this advanced schedule to address issues with funding shortfalls (e.g.Street Reconstruction Fund). Source:2010 and 2011 Capital Improvement Programs c. The traveling public will benefit from multi-modal transportation options fostered and provided by the City 25 • • i. Minimize any increase to future traffic delays and congestion • X I Data/Information/Explanation: Reporting Agency-Public Works The collection and maintenance of this data would be relatively exnensive to maintain for roadways and intersections throughout the City. Based on information available,the City will continue to take steps to reduce delays and congestion on an ad hoc basis. 2010 ongoing measures include the following: A traffic impact study was completed for the redevelopment at 7051 Brooklyn Boulevard (CEAP site) and a traffic impact study was initiated for the Shingle Creek Crossings site (Brookdale mall). Ongoing transportation improvements included preparing the plans and bidding the project for the replacement of two signal systems at the I-94 north and south ramps at Shingle Creek Parkway (the project will be constructed in 2011).These signal systems will then be coordinated with the Freeway Boulevard signal system to improve the operations and decrease delays experienced through that corridor. Source: H. Minimize the amount of regional traffic flow on local streets X Data/Information/Explanation: Reporting Agency-Public Works The collection and maintenance of this data would be relatively expensive to maintain for roadways and intersections throughout the City. Based on information available,the City will continue to take steps to reduce delays and congestion on an ad hoc basis. 2010 ongoing measures include the following:City staff will be working with Mn/DOT and Hennepin County in 2011 with the planning of the regional transportation corridors including Brooklyn Boulevard and Highway 252. In 2010,Mn/DOT completed a ramp metering project at several interchanges along Highway 100 and completed a bus lane project along TH 252. Source: 26 I in. Increase alternative modes of transportation used Target . Not • - - • X Data/Information/Explanation: Reporting Agency-Public Works The missing segment of regional trail along Bass Lake Road between Xerxes Avenue and Shins-le Creek Parkway was constructed in 2010. In 2010,the City completed the transfer of the Twin Lakes and Shingle Creek regional trails to the Three Rivers Park District,which will lend to better promotion of the regional trail through added signage,kiosks,park mapping, additional funding from the park district through their maintenance budget and capital improvement program, and simply by having an expert regional trail manager as a partner with their ideas, programs and comprehensive planning within the borders of the City. Source: d. .Citizens will benefit from the expansion and improvement of needed technology infrastructure as viable options become available L Reduce City government expenses through the application of technology Target Met Target Not • • Data/Information/Explanation: Reporting Agency-Administration • New technology in the BC Liquor Stores improved technology including a new security surveillance system,and a new Point of Sale (POS) system that tracks inventory and improves efficiency of customer checkout. • GIS improvements allowed mapping of certain inspection functions in Building&Community Standards (BCS) increasing the number of inspections conducted. In-field printers for BCS allowed immediate posting of vacant building and abatement notices. • The Automated Meter Reading project was completed in 2009. However,in 2010,the city realized benefits of the new technology such as no longer requiring the mailing of meter reading cards,more accurate readings since 27 0 • 0 0 0 �J usage estimations were no longer required. The system also provides the city the capacity to detect leaks, conserving water and costs. • The special assessment process was automated through LOGIS system to provide a more efficient and accurate accounting of special assessments for city facilitated abatements and applicable past due bills. • Changed voice service provider for all City buildings from Qwest to Integra Telecom Inc.;resulted in an annual savings of$11,640. • Implemented the City's first full functioning multifunction device (Copier,Printer,Scanner,and Fax) at the Police Department. This single device replaced a copier that was over ten years old and removed the need of two laser printers and a fax machine reducing operating expenses (i.e. printer supplies service and support) and provides a greener path for printing. More multifunction devices will be added in other departments in 2011. • The City's fleet management software,FleetFocusFA,moved from LOGIS IT provided to City IT provided. After the initial purchase of the software,the annual software maintenance costs will be reduced by approximately $10,000 annually. • Liquor Store#1 fiber optic connection to the City network,estimated cost savings of$10,000 annually. • In conjunction with the Bass Lake Road Street Improvement Project,fiber optic conduit installed for future implementation. • Enhanced productivity with the ability to hold virtual meetings through Cisco Unified Meeting Place. Source: H. Improve City Services to the citizens through the application of technology Data/Information/Explanation: Reporting Agency-Administration • The use of the online services continued in 2010 with 273 Questions and Requests processed through eCitizen,the online request center. • A new POS system in the BC Liquor Stores allowed more efficient service to customers, as well as inventory tracking and securitv improvements. 28 i �I Target Target Met • • • • Public Wi-Fi was made available at City Hall in 2010 expanding this service beyond the EBHC and Community Center. • Council packets,Financial documents,City Newsletters and Recreation brochures were made available on the website through a link on Laserfiche. This allowed website users better access to larger documents instead of the previous pdf format. • Facebook accounts were established for the Earle Brown Heritage Center and Brooklyn Center Centennial Celebration to notify"friends" of upcoming events. • Wireless media services were installed on Water Tower#2. • Implemented new City-wide voice system which included new telephone hardware,software,voicemail, and VPN/field communication. New processes were put in place to enhance the citizen experience. • Implemented public wireless at City Hall. • Implemented Laserfiche Web Link. Available from the City website, allows the public read-only access to applicable documents stored on the City's Laserfiche document management server. • Implemented new Liquor Point-of-Sale (POS) System. The new system offers improved business processes and customer experience (age verification. Wine Club membership,speed of credit card processing,etc). • Became Payment Card Industry (PCI) Compliant by conforming to a set of requirements designed to ensure that the City maintain a secure environment in the processing,storing or transmitting of credit card information. • Enhanced City network security by the implementing hardware firewalls. • Implemented new police squad video camera system. Improves the capturing of evidence and accountability to the public. • Implemented irrigation software for the Bass Lake Road project and for future street projects. • Replaced twenty year old police evidence system with EvidenceOnQ software. This software allowed for improvement in the processing and tracking of police evidence and accountability to the public. • Source:internal data 29 f i # 0 0 0 M. Preserve environmental resources and conservation of energy through the application of technology X I Data/Information/Explanation: Reporting Agency-Administration • An energy audit was conducted of the City Hall and Community Center. • The chiller and boiler in EBHC were replaced with more efficient models through a Federal Energy Grant. • The replacement of the lighting at the Public Works Garage with higher energy efficient fluorescent lighting was begun in 2010. Source: Internal Data 6. Effectively respond to the increased public awareness and interest in environmental sustainability and "green community" issues a. Public appreciation of the environment will be enhanced and expanded L Within three years (2013) all residents surveyed will understand the value of recycling and energy conservation and at least 70% will have changed their behavior to conserve environmental resources X Data/Information/Explanation: Reporting Agency-Administration A citizen survey was not conducted in 2010. A statistically valid survey will be conducted to establish a baseline comparison for the 2013 survey. 30 i Target Not Met Undetermined i Source: it. Within five years (2015) energy consumption in the City will be reduced significantly Target Met Target Not • • X Data/Information/Explanation: Reporting Agency-Administration Baseline data will be collected in 2011 to determine the level of city wide energy consumytion.The City will develop an energy conservation plan in 2011 with the goal of implementing highest valued best practices described in the Office of the State Auditors July 2,2008 "Reducing Energy Costs" report. In 2011 we will investigate the benefits of participating in the State of Minnesota Green Step City project. Source: iii. Within five years (2015)City government energy consumption will be reduced significantly Target Met Target Not • - - • X Data/Information/Explanation: Reporting Agency-Community Activities Recreation Services A baseline for city building energy consumption was established in 2010. Energy and Waste Assessments were conducted by the Retired Engineers Technical Assistance Program for City Hall, Community Center and Earle Brown Heritage Center buildings. Additional reviews are planned for 2011. The city received a grant from the Federal Office of Energy Security's Local Government and School District Renovations work included lighting retrofits at the Public Works Facility and replacement of two boilers and a chiller at program. The the Earle Brown Heritage Center. All projects will result in significant reductions in energy use. Source: 31 b. The purchasing power of the City will support the goals of an environmentally sustainable community i. The City will purchase recycled materials whenever costs are reasonable and quality is acceptable X Data/Information/Explanation: Reporting Agency- Fiscal and Support Services The organization has been purchasing,paper with a 30%post-consumer (recycled) content(all white Raver stock). Other sources have not been explored or develoRed. Source:purchasing records H. The City will increase the share of purchased recycled materials by 10% annually for the next five years 94 Data/Information/Explanation: Reporting Agency-Fiscal and Support Services A baseline from which to calculate the increase in purchase of recycled materials has not vet been develoRed. A baseline will be established in 2011 using 2010 purchasing records. Source: Purchasing 32 iii. The City will eliminate the use of products, chemicals or compounds that pose a risk to human health or to the environment whenever a viable cost effective alternative is available Target . Not • - - • 7 X Data/Information/Explanation: Reporting Agency- Fiscal and Support Services For 2010 there is not data assembled to determine the extent to which the City may be able to find alternatives to products,chemicals or compounds that are environmental hazards. During 2011 the City will review products, chemicals and compounds used by the City to determine whether alternative products,chemicals or compounds are available that are not hazardous to human health or to the environment. Source: Purchasing, Building Maintenance iv. The City will purchase environmentally friendly equipment and vehicles whenever performance requirements and cost are comparable. Target Met Target Not • • X 7 1 Data/Information/Explanation: Reporting Agency-Fiscal and Support Services The City has replaced 13 vehicles (cars and light duty trucks)with flex fuel vehicles. Another S existing fleet vehicles will be replaced with flex fuel vehicles in 2011. Source: Central Garage 33 ONGOING GOALS-Desired Outcomes-Success Targets 1. We will continue to provide streamlined, cost effective, quality services with limited resources a. The quality of service delivered by the city will consistently meet or exceed customer expectations i. Customer surveys for City services delivered will reflect customer satisfaction from not less than 90% of respondents Data/Information/Explanation: Reporting Agency-Administration Customer service survgYs were conducted for EBHC Oyerations in 2010.The results of these customer service surveys found that 95.3% of the respondents indicated that the service met or exceeded expectations. In 2011 customer service surveys will be expanded to include city services throughout the organization. Source: EBHC Annual Survey Report b. Service delivery will improve on an ongoing basis i. Implementation and execution of continuous improvement programs throughout all departments X Data/Information/Explanation: Reporting Agency-Administration 34 Target Met Target • Undetermined In 2011 we will select a resource to provide guidance for a Continuous Improvement Program and we will began training staff in basic Continuous Improvement Tools and processes. Source: ii. Qualification for Malcolm Baldridge or comparable quality improvement award • • Undetermined X Data/Information/Explanation: Reporting Agency-Administration It is anticipated that the City will be ready to apply for quality improvement process recognition by the end of year 2013. Source: in. Cost effectiveness performance benchmark comparisons from each department will reflect upper quartile performance for each high priority benchmark measure Target Target Not Met Undetermined X Data/Information/Explanation: Reporting Agency-Administration It is anticipated that the bench marking grogram will be begin by mid-year 2012 and will be fully implemented by mid- year 2013. Source: 2. Ensure the City's financial stability of the City a. City funds will be protected against loss 35 • i • 0 . 0 i. All City funds will be FDIC insured up to the legal maximum per account • X I I Data/Information/Explanation: Reporting Agency-Fiscal and Support Services City funds in banking institutions are insured to the FDIC limit of$250,000 er account. This requirement is overseen by the banking institutions with which the City does business and is verified annually by the City's financial auditors Source:2009 CAFR H. Any funds in excess of the FDIC maximum in any one account will be properly collateralized X i Data/Information/Explanation: Reporting Agency-Fiscal and Support Services For 2010 there were no Cft funds in excess of the FDIC maximum coverage requiring collateralization. This is the result of the daily clearing of the general checking account into the 4M fund which does not require demonstrated collateralization. Source: Banking agreement with US Bank/4M M. The City's investment portfolio will be diversified so as to minimize potential losses on individual securities X Data/Information/Explanation: Reporting Agency-Fiscal and Support Services In 2010 there was no individual security_in'the City's portfolio that exceeds 5.0%of the total portfolio value. Source:Monthly Investment Securities Inventory report 36 b. City administration will provide meaningful short, intermediate and long term fiscal planning i. The operating budget document will provide annual and multi-year operating plans Target • Not • • X Data/Information/Explanation: Reporting Agency-Fiscal and Support Services We have established multi-years budgets for utilities,capital project funds debt services funds and the Central Garage Fund A multi year operating planning has not yet been developed for the General Fund. A multi-year plan for the General Fund covering at least two years will be developed during 2011 for the 2012 and 2013 fiscal years. Source:2010 Budget,2011 Budget ii. Staff will annually provide life-cycle capital plans for all long-lived assets Target Met Target Not • • X 7 1 Data/Information/Explanation: Reporting Agency-Fiscal and Support Services Life gycle plans have been develo ed for Public Infrastructure throw h the Ca ital Improvement Pro am and for vehicles and equipment through the Central Garage budget. Planning for buildings has been accomplished through the Capital Building Maintenance Plan. Source:2010 Budget preparation materials(Central Garage),2010&2011 Capital Improvement Plans,Capital Building Maintenance Plan c. The City will take appropriate actions to buffer essential government services against the effects of significant economic downturns 37 .18 0 i. Fund reserves as indicated by year end cash balances will be maintained at levels allowing for short term funding of operations in emergency situations X I Data/Information/Explanation: Reporting Agency-Fiscal and Support Services 2010 year end cash balances for Utility operations and debt service payments were established at levels allowing for short term operations and emergencies. This is demonstrated by the cash flow budget projections. The General Fund cash balance for the end of 2010 is estimated at$8,909,178 or 54.3% of the 2011 General Fund operating budget. This exceeds policy requirements and allows for up to six months of uninterrupted operation in an emergency situation. In addition,the Emergency Capital Fund must be maintained at a minimum level of$1,000,000 according to City Council policy. As of December 31,2010 it stands at$1,440,000. Source: 10 bank reconciliations,2011 budget, Cash flow plans for 2011 Utility and Capital budgets, H. Essential services as determined by the City Council will be funded from non- volatile resources In Data/Information/Explanation: Reporting Agency- Administration Depending on how the Council defines essential services this success target may have been met in 2010.For the purpose of this report the most volatile sources are defined as State Assistance,i.e. LGA/MVHC. Other relatively volatile sources include construction permit fees which depend upon construction activity. The least volatile sources are user fees and property taxes. 83% of the Water Utility Operations is funded by user fees 9% is funded by Tower Rental proceeds,potentially a more volatile revenue source. 38 it Target Met Target • Met Undetermined 99 % of the Sanitary Sewer operation is funded by user fees. 99% of the Storm Sewer Operation is funded from user fees. 99 % of the Street light operations are funded from service charges. 83% of General Fund expenditures are funded using property taxes.5.7% are funded from charges for services. 4.5 % of the General fund budget is funded from State Assistance and 2% is funded from construction permits. Therefore 6.5% of the General Fund revenue comes from the most volatile revenue sources. Source: d. The City will position itself for economic growth i. The City will keep current and adhere to the Comprehensive Plan Target Met • • • • X 7 Data/Information/Explanation: Reporting Agency- Business and Development ive Plan adopted b the Ci Council on March 22 210 is current and used b the Ci as a The 2030 Comprehens p y tom' � v �' development guide. Source: U. Capital Improvement Plans will reflect the intentions of the Comprehensive Plan Target Target Met Not X Data/Information/Explanation: Reporting Agency-Business and Development The implementation component of the adoRted 2030 CoMRrehensive Plan includes the City Capital Improvement Plan. 39 Source: 3. We will move toward maintaining or lowering the level of property taxes a. Except in extraordinary circumstances the property tax levy will not increase faster than the inflation rate i. Property tax levy increases should not exceed the rate of inflation Q1 Data/Information/Explanation: Reporting Agency-Administration The 2010 inflation rate(implicit price deflator)was 1.69%.The 2011 budget provided for a total levy increase of 2.53 The median valued home experienced a slight City property tax reduction of S1.73 or.20% Source: H. If the property tax levy increase exceeds the rate of inflation a clear.. extraordinary circumstance justifying the increase will be identified X Data/Information/Explanation: Reporting Agency-Administration In the 2011 budget levies to make up for State unallotment increased from$505,602 to$800,160.This$305,000 increase represents 2.1 % of the levy. In other words the unallotment levy increase exceeded the 1.69% increase in inflation. Without this reduction in State assistance the approved budget could been adopted with a lees decrease. Source: 40 b. The City will expand the proportion of industrial and commercial tax base to relieve the residential property tax burden i. The City commercial/industrial tax base increases at a rate faster than the residential tax base Target • - Not Undetermined X Data/Information/Explanation: Fiscal and Support Services The commercial!industrial tax base did not increase faster than the residential tax base. From 2009 to 2010 commercial/industrial tax base as measured by tax capacity calculations from December 2009 and 2010 decreased 8.78° From January 2009 to January 2010 residential tax base as measured by tax capacity calculations from December 2009 and 2010 decreased 11.95% The commercial/industrial tax base decreased at a slower rate than the residential tax base. Source: Hennepin County report on Taxable Market Values dates 12/3/2009 and 12/2/2010 4. We will ensure the city's influence at the legislature a. State and Federal legislators will be informed regarding the City needs that may be affected by legislation 41 • i • 0 0 0 i. Annually the City Council and staff will assess legislative needs and communicate directly with appropriate Local, State and Federal legislators X Data/Information/Explanation: Administration In 2010 we met and communicated with State Legislators regarding many issues includin&the Howe Fertilizer Project,State Aid,constituent concerns,and public safety. Source: b. We will maintain positive relationships with State and Federal legislators L Legislative officials will address the City Council annually regarding their efforts on behalf of our shared constituents X I Data/Information/Explanation: Administration Representative Hilstrom was able to meet along with Commissioner Opat on March 22,2010. Senator Scheid was unavailable due to legislative duties. Source: 42 ii. Legislators will sponsor and support legislation on behalf of the City X Data/Information/Explanation: Administration In During the 2009-2010 legislative session Representative Hilstrom and Scheid were the Chief Authors of legislation benefiting Cities and Brooklyn Center,including LGA study group,TIF modification,municipal building code enforcement,ISD 279 and LSD 286 legislation,Homestead property tax,Homestead-lender foreclosure mediation,Northwest Hennepin Family Center funding, school district operating debt levy,school district revenue formula. Source: Office of the Revisor of Statutes c. City will receive direct support for City needs from State, County and Federal legislators 5. Improve the City's image with citizens and others a. Citizens and others throughout the State will recognize Brooklyn Center as a safe, quality, attractive community in which to live, work and play i. The rate of property value increase in each property classification will equal or exceed the average rate of increase in Hennepin County and in the State X Data/Information/Explanation: Fiscal and Support Services There is insufficient data available currently to make a determination on this target Rates of Property Value Increase or (Decrease) as determined by aggregate classification numbers for taxable market values by property classification are as follows: 43 Targ�t Met Target Not Met Undetermined City of BC Hennepin County State of MN Commercial ( 7.97%) data not available data not available Industrial ( 10.17%) Residential (11,94%) Apartment ( 6.33%) As data becomes available City staff will complete the comparison chart and make a determination. Source: Hennepin County report on Taxable Market Values dates 12/3/2009 and 12/2/2010 ii. Citizen survey results will reflect the perception that Brooklyn Center is a safe, quality, attractive place to live, work and play Target Met Target Not Met Undetermined 7 X Data/Information/Explanation: Administration No survey was conducted in 2010. A statistically valid survey will be completed in 2012 in response to this success target. In 2011 informal polls will be taken to provide feedback regarding this issue. Source: iii. Positive press regarding the City Of Brooklyn Center will increase Undetermined Target Met Target Not Met X Data/Information/Explanation: Administration 1. The City received positive press regarding specific issues as follows: a. Crime reduction in the Star Tribune b. Random Acts of Kindness program in Star Tribune c. Development of FBI Regional Offices (many media outlets, local and AP) d. Centennial Eve n t Kickoff through Sun Post and Channel 12 44 Target Met Target • Met Undetermined e. WiLam Kickball Event and JCCP 2. Various positive subjects were reported by Channel 12 Community News and linked to the city website through the city video series. Source: Internal Data 6. We will ensure the City drinking water is high quality and that the storm water is properly managed, a. The City drinking water will meet or exceed safe drinking water standards of the State of Minnesota i. City will meet or exceed all safe water standards Target Met Target Not Met Undetermined X Data/Information/Explanation: Public Works No contaminants were detected at levels that violated federal drinking water standards as outlined in the City's annual Consumer Confidence Report.This report is prepared in accordance with Environmental Protection Agency and State of Minnesota regulations. Source: City Watch, Summer 2010 Edition 171Source: H. The water supply will be protected against emerging and potential water contaminants Target Met Target Not • • X 7� Data/Information/Explanation: Public works 45 In 2010,there were no contaminants identified in the City's well water supply that exceeded or violated federal drinking water standards.The City continues to maintain and protect our well water supply through our Wellhead Protection Plan. Additionally, in 2010 we proactively participated with the state agencies by testing our well water and obtained soil borings in response to potential contamination through the use of fire retardant foam chemicals - no releases were identified. Other ongoing partnering work includes remediation of the dry cleaning site at 1910 57th Avenue, remediation of the Joslyn site and associated parcels and completion of the remediation of the dry cleaning site at 4215 69th Avenue. Source: Wellhead Protection Plan,July 2005 b. Storm water runoff will be managed in an efficient and environmentally sensitive manner i. The City will implement and maintain all priority elements of the Brooklyn Center Local Water Management Plan by 2012 *1 rA Data/Information/Explanation: Public works A specific priority completed in 2010 includes the initiation of the Wetland Functions and Values Assessment,which will be fully completed in 2011. Ongoing priorities that have been met include street sweeping, pond inspection and maintenance, and water quality best management practices maintenance (e.g. sump manholes and grit chambers). Outstanding priorities include completing the Shingle Creek storm sewer modifications,completing storm sewer base mapping and GIS system record retention, and updating the City's illicit discharge ordinance and policy plan. Source: Local Water Management Plan,June 2006 2/14/201111:16 AM 46 Work Session Agenda Item No. 3 MEMORANDUM - COUNCIL WORK SESSION DATE: February 8, 2011 TO: City Council FROM: Curt Boganey, City Mana&0-* SUBJECT: Review Retreat Agenda Recommendation: It is recommended that the City Council consider providing direction to staff regarding any proposed changes to the draft Retreat Agenda. Background: Each year the Council holds a Leadership - Planning -Team Building Retreat with Department Heads. This year the retreat is planned for March 5` 2011 at the Earle Brown Heritage Center. I have enclosed a copy of the draft agenda for your review and comment. Council member Roche has specifically requested an opportunity to discuss the retreat agenda. The outline of the retreat is designed to be very similar to the 2007 retreat when more time was devoted to team building exercises. As you will recall the last few retreats have focused a significant amount of the time discussing budget planning and goal definition. Hopefully, we will need to spend less time on these topics leaving more time for team building, role clarifications, expectations and communication. Policy Issues: Does retreat agenda meet the expectations of the Council? Will it facilitate improved communication and teamwork and goal achievement? work session memo .retreat.review.02.14.11.doc Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS 2011 LEADERSHIP — PLANNING - TEAM BUILDING RETREAT PRIMARY OBJECTIVES 1) To provide an opportunity to become better acquainted with the new council member and police chief, integrating them onto the city's leadership team 2) To review progress being made by the city (particularly on 2010 projects, ongoing and strategic goals, and success target results) 3) To build on previous retreats 4) To discuss changes and forces that are likely to impact the city 5) To develop an updated consensus on issues and opportunities facing the city (1— 3 year perspective) 6) To develop an updated goals program and success targets • 7) To review the roles and responsibilities of the city's leadership team. 8) To enhance communication working relationships and develop renewed team spirit among the participants 9) To discuss ways that the council and staff can improve their overall effectiveness 10) To be both educational and enjoyable 11 FORMAT OF THE RETREAT The sessions will be highly participative combining group discussions, individual activities, and facilitator comments. Seating Arrangements: Tables (preferably round) seating five participants per table Audio- visual Needs: Three large, standing, metal- backed easels and (None required) writing pads (facilitator will provide) to III TIMING AND LOCATION Timinq: Saturday, March 5, 2011 Location: Earle Brown Conference Center IV PARTICIPANT MATERIALS Each participant will receive a comprehensive outline, related supplemental materials and an Executive Summary of the Retreat V THE CONSULTANT /FACILITATOR - Over twenty -five years experience in the professional development field - Skilled seminar, workshop, and retreat leader - Leadership experience in the private, public, and volunteer sectors • - Student of leadership VI INVESTMENT $2,500 Pre - Retreat Planning and Preparation On -Site Retreat Post - Retreat Report Writing Plus learning instrument cost of $18.00 per participant plus any additional expenses incurred with the engagement such as duplicating of handout materials, easel pads, travel expenses @ $.50 /mile, etc. CITY OF BROOKLYN CENTER COUNCIL MEMBERS AND DEPARTMENT HEADS, • 2011 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT Tentative Agenda 8:00 — 8:30 COFFEE AND DONUTS— INFORMAL VISITING 8:30 — 8:35 OPENING REMARKS — MAYOR AND CITY MANAGER 8:35 —10:00 SESSION 1: "WORKING AS A TEAM —THE CHALLENGE OF PUBLIC SECTOR LEADERSHIP ■ Focus • Objectives and expectations for the retreat • Communication and perspectives sharing exercise • Review of progress being made during the last year (The staff will have reviewed with the council, prior to the retreat, the city's attainment of various goals and successes.) 10:00 —10:15 BREAK 10:15 —12:00 SESSION 2: "WORKING AS A TEAM — PROVIDING DIRECTION" Focus: • Changes that are likely to impact the city • Review of the city's mission, values and goals • Updated consensus on priority issues and opportunities • Updated goals program • 12:00 —1:00 LUNCH 1:00 — 2:30 SESSION 3: "WORKING AS A TEAM — ROLES AND RESPONSIBILITIES - IMPROVING EFFECTIVENESS" Focus • The interdependency of council and staff • Review of roles and responsibilities • Expectations and contributions (council and staff) • Ideas for improving the council's and staffs overall effectiveness 2:30 — 2:45 BREAK 2:45 — 4:15 SESSION 4: "WORKING AS A TEAM — BUILDING POSITIVE WORK RELATIONSHIPS' Focus • Understanding work behavior styles • Building on team member strengths 4:15 — 4:30 SUMMARY AND WRAP -UP COMMENTS Focus • Review of the day • Importance of follow -up • Making a positive impact in leadership roles