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HomeMy WebLinkAbout2011 07-25 CCP Regular Session l AGENDA CITY COUNCIL STUDY SESSION July 25, 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 f r CITY COUNCIL MEETING City of Brooklyn Center July 25, 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 pp Y p p the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call S. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The followin g 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. July 11, 2011 — Study Session 2. July 11, 2011 — Regular Session 3. July 11, 2011— Executive Session 4. July 11, 2011— Work Session b. Licenses C. Resolution and Consent Order Imposing Civil Penalty for Scoreboard Pizza, Inc. at 6816 Humboldt Avenue North d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- July 25, 2011 e. Resolution Appointing Northern Capital Insurance Group as Agent of Record for the City of Brooklyn Center f. Resolution Authorizing Lease Between City of Brooklyn Center and LOGIS for Police Building Space g. Resolution Authorizing Acquisition of Easements for Northwest Family Service Center Addition 7. Presentations/ Proclamations /Recognitions/Donations None. 8. Public Hearings a. Resolution Vacating Certain Drainage and Utility Easements Within Lot 3 Block One, Osseo Schools Willow Lane Addition; Lot 1, Lot .2 and Lot 3, Block One, Center Brook Addition; and Lot 4, Lot 5, Lot 6, and Lot 7, Block 1, Replat of Block 2, Lang Addition; Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, and Lot 6, Block 1, Lang Addition, Hennepin County, Minnesota as published in the official newspaper on July 7, 2011; and is offered news —This item w p P this evening ' e enin 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. 9. Planning Commission Items None. 10. Council Consideration Items a. Resolution Approving Final Plat for NORTHWEST FAMILY SERVICE CENTER ADDITION Requested Council Action: Motion to adopt resolution. b. Amend 2011 City Council Meeting Schedule Requested Council Action: Motion to amend 2011 City Council meeting schedule as follows: 1, add Budget Work Sessions on September 6 (Tuesday) and October 17 at 6:30 p.m. in the Council Chambers 2. cancel November 21 Budget Work Session 3. cancel November 28 Budget Hearing 4. add Budget and Taxation Presentation and Hearing on December 5 at 7:00 p.m. in the Council Chambers CITY COUNCIL AGENDA -3- July 25, 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. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 25, 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. Proposal by Wings Financial for the Termination of the Cement Pond/Fountain Easement and Dedication of a New Trail Easement 2. Financial Commission Report — Utility Collection PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Youth Activities — Councilmember Roche 2. Progress Reports on Achievement of Strategic Goals 3. School District Discussions/BC Strategic Plan Report 4. Sister City Update 5. Active Living Program 6. Annual Department Year End Reports 7. Graduated Sanitary Utility Rate Study — August 22 8. Garbage Hauler Organized Collection Update — October 9. Youth Participation Request — October 10. Neighborhood Designations — December 11. Highway 252 Update — 2012 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 JULY 11, 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 6:03 p.m.), and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Kevin Benner; and Carla Wirth, TimeSaver Off Site Secretarial, Inca CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested discussion of Item 6c, Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2011 -10 Contract 2011 -G, West Palmer Park Building Replacement. He asked when the structure at Orchard Lane Park will be included in the .Capital Improvement Plan (CIP). City Manager Curt Boganey stated that park structure should have been included the CIP and will be part of the review this fall. Councilmember Roche arrived at 6:03 p.m. Councilmember Roche requested discussion of Item 6b, Licenses, and asked if the garbage haulers are new or renewal licenses. Mr. Boganey advised they are renewal licenses. MISCELLANEOUS Councilmember Lasman referenced the letter on recreational fires, noting the fire is to be immediately extinguished, and asked if there is a financial consequence for repeat offenders to discourage that behavior. Mr. Boganey advised that the City has the ability to issue a fine and the Fire Chief s letter indicates there have been few calls and fewer repeat offenders. Councilmember Lasman noted the letter does indicate a violator is subject to a fine and asked if it is always imposed. Mr. Boganey stated he is unsure but thinks the first offense offers an educational opportunity and a fine is issued if it is a second or repeat offense. ton ppo y p 07/11/11 -1- DRAFT Councilmember Kleven thanked Mr. Boganey for copies of the letters and e -mails on outstanding issues. She stated she was disappointed that the Sun Post article didn't include Brooklyn Center in the list of area farmer's markets. Councilmember Roche stated the list may have identified community - sponsored farmer's market. He reported that the Humboldt Square farmer's market had four vendor stands. Mayor Willson reminded the members of the July 13, 2011, CEAP ground breaking event. Councilmember Ryan thanked Mr. Boganey for preparing a resolution in recognition of the Earle Brown Days Committee. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS . REVIEW OF PROPOSED AMENDMENT OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.2 Director of Business and Development Gary Eitel introduced the topic, advising that Tax Increment Finance TIF District No. 2 which is a redevelopment district created in 1985, closes December 31, 2411. The discussion tonight will show options and opportunities for the Council. He noted the public hearing for an amendment to the TIF Plan for TIF District No. 2 is scheduled for August 8, 2011. Jennifer Wolfe, Springsted Financial, provided a presentation that detailed the history and current status of TIF District No. 2' the GO bonds were repaid in 2004 so there are no existing obligations. There has been no spending activity, other than debt, since the early 1990s. The presentation included an overview .of the proposed draft amendment, which acknowledges the Spending Plan, as authorized by the 2010 Minnesota Jobs Bill and approved by the Council and EDA on April 28, 2011, as well as the budget amendment that enables the use of the 2011 tax increment to fund the following items: $150,000 for the Brooklyn Boulevard Corridor Transportation Study; $350,000 for property acquisitions; $170,000 for public improvements including intersection improvements, street lighting, and streetscaping; and, $60,000 for other EDA authorized Transportation/Land Use Studies. Ms. Wolfe indicated the amendment provides a TIF No. 2 budget that allowed TIF No. 5 (Shingle Creek Crossing) future repayments' to the TIF District 2 Spending Plan inter -fund loan for the following future public improvements: the Brooklyn Boulevard Corridor, the 57 Avenue Corridor, and the Humboldt Avenue Corridor. The Council discussed the proposed amendment and asked questions of Ms. Wolfe relating to the City's bonded indebtedness. She explained this District has accumulated a fund balance so. the amendment provides an opportunity to spend down about $3 million. Ms. Wolfe described the TIF District spending experience, revenue available with the amendment, and the impact to taxing jurisdictions. The Council noted the City had expected more increment but the tax rates were compressed so the District lost some of its tax capacity. Ms. Wolfe indicated this. is correct; however, tax rates have recently been increasing. She concluded the presentation by describing next steps that 07/11/11 -2- DRAFT 9 culminate with the Council's consideration on August 8, 2011, whether to authorize the TIF Plan modification. HIGHWAY 252 UPDATE Director of Public Works /City Engineer Steve Lillehaug introduced the item by reviewing the Council's past consideration of how to address the multiple transportation issues associated with the Highway 252 corridor and staff's recommendation to look at the corridor in three phases: perform a feasibility study to identify issues the City and region experience, develop solution concepts for interim and ultimate solutions,- and coordinate with partners to identify funding strategies. This study would cost approximately $60,000. Mr. Lillehaug explained that Phase 2 would implement interim solutions, such as intersection improvements, with estimates, and ultimate solution for the corridor which may be 20 Phase 3 would be the ultimate lam or u y plan, y ears into the future. Mr. Lillehaug reported that Brooklyn Park indicated it is generally not interested in participating in a Phase 1 feasibility study since interim solutions have already been completed in its section of the corridor with the exception of one area. It was noted that Brooklyn Park sees the Highway 252 corridor as an expressway. With regard to partnering with Mn/DOT, Mr. Lillehaug advised they are not interested in contributing funds for a Phase 1 study but would be available on the technical side with traffic analysis and regional traffic data. Mr. Lillehaug stated staff's workload is busy especially when the Brooklyn Boulevard corridor j starts so staff is tasked out until the end of fall when they could pursue this type of study at a staff level. He noted that funding of $60,000 could potentially be available from TIF District No. 2 or the General Fund balance. He requested Council direction regarding transportation planning for the Highway 252- corridor. Councilmember Roche stated he did not support undertaking a Phase 1 study at this time since there were no funding partnerships; however, he believed a project was needed and did not want it to fall by the wayside. He suggested this matter be considered again when, perhaps, funding is available. Councilmember Ryan stated that while he appreciates Councilmember Roche's thoughts, he would be concerned with sitting back and doing nothing if it results in other jurisdictional entities making the decisions on what will or will not be done in the Highway 252 corridor. Mr. Boganey indicated if the City does nothing, it would have to react to what the State proposes at some point in the future. Councilmember Ryan stated that in a better world, Highway 252 would be thoroughly upgraded and become an extension of the metropolitan freeway system. He believed this should have been corrected in the past because the City is now in the unenviable position to decide what it can do to make some interim improvements within limited funding. He reported that the House Transportation Reauthorization Bill was slashed one -third over the next six years and there have been similar cuts at the federal level. Councilmember Ryan stated he thinks the City needs to do the initial study but would prefer to see the $60,000 used elsewhere. 07/11/11 -3- DRAFT Councilmember Lasman stated the Council has been well aware, for quite some time, about the issues within the Highway 252 corridor and is not willing to accept it as a long -term situation; however, at this time there are no partners willing to assist. She indicated that she shared Councilmember Roche's opinion that now is not the time to fund a Phase 1 study due to time constraints, the City having to bear the entire study costs, and staff is already over tasked. Councilmember Lasman stated the Council's discussions and position will be recorded in tonight's meeting minutes and available for consideration by future Councils when it is decided whether to embark on the project. Councilmember Kleven stated her agreement with the comments of fellow Council Members. . Mayor Willson concurred that there is room for improvement on Highway 252 and the City needs to look at it. However, it would be difficult for Brooklyn Center to move forward if there are no willing partners with Mn/DOT or Brooklyn Park, due to the costly implementation. In addition, a $60,000 study conducted today may not be relevant in five to ten years and require another study to be conducted. Mayor Willson agreed that it is not the time to prepare a study today but he would like this issue revisited on an annual basis. The Council indicated that it understands the severity of the problems with the Highway 252 corridor, knows there is a need for work in that area of the City, and intends to work positively with its partners when and if the time is right to undertake a joint project. The Council stated its intent to revisit this matter on an annual basis to assure it stays on the City's "radar" and determine whether there are funding partners. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councihember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:44 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember'Lasman moved and Councilmember Kleven seconded to reconvene the Study Session at 6:52 p.m. Motion passed unanimously. HIGHWAY 252 UPDATE — CONTINUED Discussion continued on the Highway 252 corridor relating I to the current heavy work load of City staff and the Council's united support that improvements are needed in the Highway 252 corridor. Mayor Willson noted consensus had been reached that this item will be reviewed annually so staff's workload and potential funding partners can be considered. 07/11/11 -4- DRAFT ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 07/11/11 -5- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 11, 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 Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Carlein Cloutier, 5731 Camden Avenue N., stated she had addressed the Council in May to ask that a shed on her property be grandfathered. However, last week she received a letter from the City advising her request does not fall under the criteria for grandfathering. Ms. Cloutier stated she would like to request a variance but does not know the process to follow. Mayor Willson asked Ms. Cloutier to contact City staff to determine the process and whether this situation qualifies for a variance consideration. City Manager Curt Boganey requested a legal opinion whether a variance for a second shed can be considered. City Attorney Charlie LeFevere advised the only variance the City cannot grant is a use variance and this request would be a structural variance. He stated he could not prejudge whether variance criteria exists in this case because there has to be unique circumstances that justify a different treatment. Mr. LeFevere explained the State law on variances has recently been eased by the Legislature so the standard is easier to meet but findings still have to be made that comply with State law requirements. Mayor Willson noted that Brooklyn Center has not typically considered variances. Mr. LeFevere agreed, noting the City does require a finding there is something unique with the property, which is consistent with the reading of the statute by the Supreme Court. 07/11/11 -1- DRAFT Mr. Boganey stated he wanted to assure that staff could accept this application. l Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Pastor Rachel Morey, Brooklyn Mosaic Church, 7200 Brooklyn Boulevard, offered 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 7:03 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 27, 2011— Study Session 2. June 27, 2011— Regular Session 3. June 27, 2011 - Work Session 6b. LICENSES GARBAGE HAULER Aspen Waste Systems, Inc. 2951 Weeks Avenue SE, Minneapolis Budget Waste Systems, Inc. 3516 East Lake Street, Minneapolis Lepage & Sons, Inc. 3118162 nd Lane NW, Andover Midwest Grease P.O. Box 26, Redwood Falls 07/11/11 -2- DRAFT Sanimax USA, Inc. 505 Hardman Avenue, South St. Paul Waste Management — Blaine 10050 Naples Street NE, Blaine LIQUOR — ON -SALE 3.2 PERCENT MALT LIQUOR The Global Kitchen, Inc. 6000 Shingle Creek Parkway MECHANICAL Air Rite Heating & A/C 15731 Hallmark Path, Apple Valley Avid Heating & Cooling 7700 County Road 110 W., Minnetrista Marsh Heating& A/C 6248 Lakeland Ave. N., Brooklyn Park Metro Sheet Metal, Inc. 3260 Farnum Road, St. Paul River City Sheet Metal 8290 Main Street NE, Fridley RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE I — three-year license) 5207 Xerxes Avenue N. Dean Bona (formerly Dennis Bona) INITIAL (TYPE II — two-year license) 1325 68 Lane N. Konrad Wagner 4201 Lakeside Avenue #3 02 Xavier Haro 4708 Lakeview Avenue Gary Scherber 7217 Unity Avenue N. Ghulam Pyarali 4213 Woodbine Lane Donald Stefanske /Betty Engelby f RENEWAL (TYPE II — two-year license) 3700 55' Avenue N. Ronald Sonnek 6839 Colfax Avenue N. Danny & Stacey Angell 5600 Judy Lane Nita Morlock RENEWAL (TYPE I — three-year license) 5301 Dupont Avenue N. Ung Properties LLP 5517 Knox Avenue N. Roger Harris 4207 Lakeside Avenue #322 Paul Swedberg 6342 Orchard Avenue N. Art Zink 6637 Xerxes Place N. Douglas Finch SIGNHANGER Franz Reprographics 2781 Freeway Blvd., Brooklyn Center JC Signs & Graphics 20 Second Avenue W., Foley 6c. RESOLUTION NO. 2011 -98 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2011 -10 CONTRACT 2011 -G, WEST PALMER PARK BUILDING REPLACEMENT Motion passed unanimously. 07/11/11 -3- DRAFT 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2011-99 EXPRESSING RECOGNITION OF EARLE BROWN DAYS COMMITTEE Mayor Willson read in full a resolution recognizing and thanking the Earle Brown Days Committee for its work related to the "Centennial Edition" of the annual civic celebration. It was noted that this year's expanded schedule included activities commemorating the City's Centennial including the "Party of the Century." Mayor Willson recognized Earle Brown Days Committee Members Cathy Ballot, Phil Cohen, Myrna Kragness Kauth, Sue LaCrosse, Mike Meyer, Joy Reinhart, Councilmember Dan Ryan, and Karen Youngberg. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -99 Expressing Recognition of and Appreciation for the Dedicated Public Service of the Earle Brown Days Committee. Motion passed unanimously. Councilmember Ryan stated his appreciation to staff for preparing this resolution, acknowledged the attendance of Committee members, and generosity of the Lions Club and Rotary for their contributions. Mayor Willson presented Committee Members with copies of the resolution and stated Brooklyn Center is blessed to have quality volunteers who make the City a success. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION Mayor Willson recommended the appointment of Dean Van Der Werf to the Financial Commission and invited him to come forward. Mr. Van Der Werf introduced himself as a 43 year resident, recently retired, with 45 years of small business accounting. He stated he would like to give back to the City of Brooklyn Center. Mayor Willson noted that Mr. Van Der Werf was a CFO and will bring a refreshing perspective to the Financial Commission. 07/11/11 -4- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral appointment of Dean Van' Der Werf, 6736 Regent Avenue North, to the Financial Commission with a term to expire on December 31, 2012. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Roche wished all a belated 4 of July and urged them to notice neighbors who may be affected by the hot weather. He commented on the need for youth to abide by the curfew and urged all to become involved in Brooklyn Center. Councilmember Lasman reported on her attendance at the following: • June 28, 2011, the late Senator Scheid's memorial service. Councilmember Lasman announced the July 13, 2011, neighborhood meeting at Riverdale Park and groundbreaking for the much anticipated CEAP Center on Noble and Brooklyn Boulevard. She noted that Luther has begun its redevelopment project beginning with the demolition phase. Councilmember Lasman stated a lot of great things are happening in Brooklyn Center and she is proud of our community. Councilmember Kleven reported on her attendance at the following: • July 5, 2011, Lego's We Do Challenge competition with fifth graders. • July 8, 2011, Brooklyn Center Relay for Life event and thanked the committee for its hard work, dinner by Famous Dave's, and the silent auction. Councilmember Kleven stated she hopes residents visit a farmer's market and congratulated resident Darryl Dayton to the State's Civil War 1 Sannes who has been appointed b yt �' PP Y Commemorative Task Force. Councilmember Kleven stated it is good news that at the end of May, revenues were up, expenditures were down, and the General Fund was about $84,000 higher than one year ago. Councilmember Ryan reported on his attendance at the following: • June 28, 2011, toured several model single - family homes for sale that have been renovated through the City's rehab program and federal grant. He commended Mr. Boganey for implementing this program and complimented staff on the success of the program. • 'June 28, 2011, memorial for the late State Senator Linda Scheid. • July 8, 2011, participated in the American Cancer Society's 2011 Relay for Life that raised an estimated $50,000 for cancer research. Councilmember Ryan acknowledged the generous contributions of businesses and individuals to the Earle Brown Days Celebration. Mayor Willson reported on his attendance at the following: 07/11/11 -5- DRAFT • June 28, 2011, Celebration of Life for the late Senator Linda Scheid. He stated he was pleased that Police Chief Benner, Fire Chief Gatlin, and staff members were in attendance to honor her life. • June 28, 2011, dangerous dog hearing. • July 5, 2011, Brooklyn Center Fire Relief Association meeting. • July 8, 2011, Brooklyn Center Relay for Life event. Mayor Willson announced two upcoming events on July 13, 2011: the CEAP groundbreaking, a welcomed redevelopment project that is exciting to see; and, a neighborhood meeting at Riverdale Park hosted by the Police Department 12. RECESS TO CLOSED EXECUTIVE SESSION Mr. LeFevere clarified that the Council may recess to Executive Session under the attorney - client privilege, per Minnesota Statute 13D.05, subd. 3(b), to discuss pending litigation re: Gerald Andresen v. Brooklyn Center Police Department et al. Councilmember Lasman moved and Councilmember Ryan seconded to recess the City Council meeting at 7:21 p.m. to hold an Executive Session. Motion passed unanimously. 13. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:47 p.m. Motion passed unanimously. 07/11/11 -6- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA EXECUTIVE SESSION JULY 11, 2011 CITY HALL — SHINGLE CREEK CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in Executive Session called to order by Mayor Tim Willson at 7:24 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Also present was League of Minnesota Cities' Attorney Dan Kurtz. The City Council, Attorney, and staff discussed pending litigation regarding Gerald Andresen v. Brooklyn Center Police Department et al. ADJOURNMENT The Brooklyn Center City Council Executive Session adjourned at 7:46 p.m. 07/11/11 -1- 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 JULY 11, 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 7:48 p.m. ROLL CALL Mayor/President Tim Willson and Councilmeinbers /Commissioners 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, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. HIGHWAY 252 UPDATE The City Council/EDA continued its discussion and agreement that its members represent the ( entire City regardless of the location. Councilmember /Commissioner Ryan stated this is an example of a decision he struggles with and appreciates it is the City Council/EDA's consensus to not move forward with a Phase 1 study. He indicated he will support the City Council/EDA's decision and look forward to it being reconsidered in the near future. It was the majority consensus of the City Council/EDA that there is clearly a problem with the Highway 252 corridor; however, to not move forward with a Phase 1 study at this point due to lack of funding partners and to revisit the issue in late - winter or early - spring. CONNECTIONS AT SHINGLE CREEK RESTORATION PROJECT UPDATE Mr. Steve Lillehaug introduced the topic, noting that in 2009 Hennepin County, jointly, with the cities of Brooklyn Center and Brooklyn Park, and the Single Creek Watershed Commission, completed the Connections at Shingle Creek Corridor Study that assessed opportunities for ecological restoration of Shingle Creek from Regent Avenue to Noble Avenue. He described the current conditions of erosion, need for a buffer, and the improvements proposed to address these problems and impairments. The improvements will also create an educational component near Park Center High School where students can collect samples for monitoring. It was noted that a study has been developed for a Phase 1 project from Brooklyn Boulevard to about 700 feet east of Noble Avenue. This project is not currently identified in the City's CIP. 07/11/11 -1- DRAFT Mr. Lillehaug presented a cost and funding summary for this $350,000 project, noting it is eligible for 25% funding from the Shingle Creek Watershed ($87,500) and the cities of Brooklyn Center and Brooklyn Park will each contribute 25 %. The project will also be submitted for possible Clean Water Legacy grant funding of 50% of the cost. Mr. Lillehaug advised that an easement for the identified creek improvement and to connect a trail segment will be needed at 7240 Brooklyn Boulevard. That property owner has indicated their willingness to work with the City in obtaining the easement but a cost has not yet been identified for acquisition. He asked the City Council/EDA if it supports pursuing funding opportunities for a Connection's project and to add it to the City's CIP. He also asked if the City Council/EDA supported obtaining the necessary easements for this project. The City Council/EDA discussed the proposed project, noting the northern half of the Creek is the "gateway" to the City. In particular, support was expressed for the proposed outdoor classroom at Park Center High School, the need to take responsibility for the City's waterway, and to address the "big picture" for the entire Creek through a holistic approach that includes parkland and trail connectivity. The City Council/EDA considered the benefit of addressing the quality of Palmer Lake since that impaired water runs into Shingle Creek. Mr. Lillehaug advised that the Watershed District solar powered aerators in Palmer Lake that incorporates engineer has applied for a grant to install so p an art form. In addition, the Watershed District engineer has done extensive modeling to identify problem areas. The majority consensus of the City Council/EDA was to support pursuing funding opportunities for a Connection's project, to add the project to the City's CIP, and to obtain the necessary easements for this project. With regard to pedestrian signage at the Noble Avenue school crossing, Councilmember /Commissioner Lasman stated this is a problematic area for students because drivers do not understand pedestrians have the right -of -way so she hoped crossing signage can remain as late in the season as possible to alert drivers of the need to yield. UPDATE ON TERM OF OFFICE — COUNCILMEMBER/COMMISSIONER ROCHE Councilmember /Commissioner Roche indicated he would like to update the City Council/EDA regarding his term of office; however, it was not an agenda item. - The City Council/EDA agreed to revise the agenda to allow this update. Councilmember /Commissioner Roche explained he and his family are moving to the West Coast, regardless of whether his house sells, so he Will be tendering his resignation. The City Council/EDA asked Councilmember /Commissioner Roche to work with staff to determine the best time to submit his formal resignation. 07/11/11 -2- DRAFT Mr. Boganey stated he will ask City Clerk Sharon Knutson to provide the City Council/EDA with the options for appointment or special election. ADJOURNMENT Councilmember /Commissioner Roche moved and Councilmember /Commissioner Lasman seconded adjournment of the City Council/Economic Development Authority Work Session at 8:28 p.m. Motion passed unanimously. 07/11/11 -3- DRAFT City Council Agenda Item No. 6b COUNCIL ITEM MEMORANDUM i DATE: July 19, 2011 - TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses at its July 25, 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. LIQUOR — ON -SALE WINE INTOXICATING The Global Kitchen, Inc. 6000 Shingle Creek Pkwy MECHANICAL Arctic Mechanical 5255 Edinburgh Way, Big Lake Concept Plumbing, Heating & Cooling 8739 County Road 39, Annandale Perfection Heating & A/C 1770 Gervais Avenue, Maplewood Titan Heating & Cooling 7610 Jasmine Avenue S, Cottage Grove RENTAL See attached report. SIGN HANGER Lawrence Sign 945 Pierce Butler Route, St. Paul Scenic Sign Corporation 828 S 5 Street, Sauk Rapids' Mission: Ensuring an attractive, clean, safe community that enhances the duality 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 s. Type II — 2 Year 1 -2 units Greater than 1 but not more than 4 unit`' Greaef#han 0 �5} but not more than 1 5 Type III —.1 Year 1 -2 units Greater than 4 but not more than 8 ."sh. Gretex than 1 5 but not more than 3 Type IV — 6 Months 1 -2 units Greater than 8 Hat h A C b 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 4 units `' k 05 5 or more units 0 -0.35 Decrease 1 1 -2 Greater than 1 but not more than 3 Category 3��}: amtsGretor thin 0'25 but not`xnore earl 1, 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1 -2 Greater than 3 Categories 3 urutis `, y Yeatetl�a 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust ..... ^, � ... s� 1 ,�F ! ,..:.:.(+4 3 ,. ;3' 7, : , ,.:'s, z. ,+. o-.... ., , z.`•,w.:..r ..... k:*n.•... .::.,...., a4 a; ..F' � # . ,.. ,•� v rc... r a:. c. r,.. 4 ,• �, .. .,.hq a• al....,t ;. . ,s : z^ b.N, aM it „v ,� -5 ys rl 7 A ' . /, :, ., „ e , Counc�f J.0 2 ,120 ..., x ' !1'! ppd�S: 5. 5 T �' 1 � �' x x r < r l r', ,_�, r>r �,r..nu ?6V, rn xr �',v €,� „ .,::v F t l r 4 { r r ...... ,U.:,.. .,,._. v • :.,.�s. .•'r., ,•. i .k i� e, i r r # z �i Y ,:,,,, P Ve •: a6 i 9t o +l� pt r II r! 4 I� Property , 4Oi l ! ' Final' _ it i Dw,ellln Renewl a _ i, Codes' , , License. ;� Pollce�;ll; License Op pa Unpaid' :ro ert''.Add:ress_ ., PI:T ;hold t:,h p .Y, _ �Ype,,,;,,,, or� P l!nitial Owner 1/iola�tions. , Type Typel, �� , Taxes 6600 Dupont Ave N Single Family Initial Thomas Le 0 II N/A II OK OK 5125 Howe La Single Family Initial Jamison Kohout - Real Assets 0 II N/A II OK OK 6807 Humboldt Ave N C203 Single Family Initial Raymond Charest 0 II N/A II OK OK 5728 Logan Ave N Single Family Initial Konstantin Ginzburg 4 II N/A II OK OK 5349 Northport Dr Single Family Initial Paul Ferfon. 0 II N/A II OK OK 6725 Willow La N Single Family Initial Angelo Santos 3 II N/A II OK OK 1 Bldg 1107 57th Ave N 4 Units Renewal Bob Robson 0 1` 0 1 OK OK 5601 Lyndale Ave N 1 Bldg Riverwalk II 4 Units Renewal Dragon Property Management 1 1 0 1 OK OK 3912 58th Ave N Single Family Renewal Lin Shuang LLC 1 1 0 1 OK OK 2824 67th Ln N Single Family Renewal Molly Collins 1 1 0 1 OK OK 6200 Brooklyn Blvd Single Family Renewal Tuan Pham 1 1 0 1 OK OK 5701 Bryant Ave N Single Family Renewal Lin Shuang LLC 4 II 0 II OK OK 5439 Colfax Ave N Single Family Renewal Roger Kadlec 1 1 1 1 OK OK 6114 Dupont Ave N Single Family Renewal Douglas Wahl 1 1 2 II OK OK 5307 Howe La Single Family Renewal Jose Antonio Villagrano 0 1 1 1 OK OK 5636 Irving Ave N Single Family Renewal Bruce Goldberg 0 1 0 1 OK OK 5421 Lyndale Ave N Single Family Renewal Dragon Property Management 1 1 0 1 OK OK 5559 Lyndale Ave N Single Family Renewal Dragon Property Management 4 II 1 II OK OK 3112 Quarles Rd Single Family Renewal Cha Lee 0 1 0 1 OK OK 6413 Regent Ave N Isingle Family Renewal Tim xiong 0 I 1 0 1 OK OK * CFS = 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 11 = 2 year Type III =1 year City Council Agenda Item No. 6c COUNCIL ITEM MEMORANDUM r" DATE: July 13, 2011 I TO: Curt Boganey, City Manager FROM: Kevin Benner, Chief of Police SUBJECT: Failed Alcohol Compliance by Scoreboard Pizza Recommendation: It is recommended that Council recognize by resolution the following corrective action steps taken by the ownership of Scoreboard Pizza. These action steps are in partnership with and under the guidance of the police department. The steps include retraining staff where alcohol sales are conducted; voluntary suspension of alcohol sales lasting thirty days; a civil penalty of five hundred dollars ($500). It is furthered agreed if any future violations occur consequences include possible license revocation and increased civil penalties. Background: On March .1 5, 2011 the. police department conducted alcohol compliance checks at all establishments licensed to sell or serve alcohol in the city. An employee of Scoreboard Pizza served alcohol to an individual under the age of twenty -one and did so without 1 asking for identification. The employee was arrested for the criminal offense. The police department and ownership from Scoreboard Pizza have been working on corrective measures to insure this does not reoccur. Both the business and the police department have agreed on the above recommendations. Police officials are confident the Scoreboard Pizza owner takes this violation serious and will work diligently to not have this type of violation occur in the future. Budget Issues: There are no budget issues to consider. Council Goals:. Strategic: 1. We will ensure a safe and secure community Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR SCOREBOARD PIZZA, INC. AT 6816 HUMBOLDT AVENUE NORTH WHEREAS, the City of Brooklyn Center (the "City ") has issued licenses for the sale of alcoholic beverages to Scoreboard Pizza, Inc., at 6816 Humboldt Avenue North (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May 15, 2011, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1) (the "Violation"); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures "); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of Five Hundred dollars ($500) and a suspension of Licensee's license for thirty (30) days; and RESOLUTION NO. WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn. Stat. § 340A.415. ON THE BASIS OF THE FOREGOING THEREFORE,' IT IS RESOLVED TH AT THE C ITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten (10) days of receipt of written notification of approval of this Consent Order by the City Council, the sum of Five Hundred Dollars ($500). In addition the Licensee's liquor license is suspended for thirty days. The first day of the suspension will be September 1, 2011 and the last day will be September 30, 2011. During the period of the suspension, the Licensee shall not directly or indirectly sell, barter, charge for possession or otherwise dispose of alcoholic beverages as part of a commercial transaction on the licensed premises. 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $500 payable as set forth in paragraph 1 hereof and a thirty day suspension as described in paragraph 1. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any RESOLUTION NO. activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes, § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn. Stat. § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. RESOLUTION NO. SCOREBOARD PIZZA, INC. By Its By Order of the City Council of the City of Brooklyn Center this 25th day of July, 201 L July 25, 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. RESOLUTION NO. r ATTACHMENT ONE SCOREBOARD PIZZA POLICIES AND PROCEDURES The following steps have been taken, and will be continued, to insure no alcohol is being served in the future to anyone under 21 years of age: 1. Every employee has been, and will be, verbally warned to check I.D.s on everyone under age 30. They are also reminded daily before their shift to check identifications prior to serving any alcohol. 2. A sticker has been placed on our front door that indicates: We Check I.D.s and Responsibility Matters. 3. Two calendar -type display units are located at our front window and next to our beer dispensing station that states "We I.D. — must be born on or before this date" and a calendar is shown that is changed daily to reflect 21 or over. The unit also states Responsibility Matters. 4. Servers must wear buttons that state: We I.D. — Responsibility Matters. 5. We have a drivers' license guide 2011 showing the valid drivers license formats issued by each state and Canadian province that our employees can refer to if a question regarding a driver's license is presented. 6. Staff is advised that no one under 18 years of age can serve a customer alcohol. 7. Staff has been informed of the following additional policies of our establishment: A. No alcohol will be served to a customer appearing obviously intoxicated. B. When shifts are changed, the new staff will be alerted to intoxication of their customers. C. No alcohol will be served after one -half hour before closing. D. Staff is not allowed to consume alcohol while working. E. Staff will give written notification to the owners describing any questionable or unusual conduct of customers. F. Staff will promote food and non - alcoholic beverages to customers. The above policies will be outlined in an Alcohol Employee Agreement that will be signed and agreed to by each of our employees. City Council Agenda Item No. 6d COUNCIL ITEM MEMORANDUM DATE: July 25, 2011 TO: Curt Boganey, City Manager FROM: Vickie Schleuning,�Assistant City Manager/Director of Building & Community Standards SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees Recommendation: It is recommended that the City Council declare a public nuisance and order the removal of diseased trees for certain properties as listed in the resolution. Background: The attached resolution represents the official Council action required to expedite removal of diseased trees that were recently marked by the city tree inspector. The City of Brooklyn Center f has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases - from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20 -301to 20 -306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own' or enter an agreement to allow the city to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of $50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for agreement with the City. If the property owner does not correct the violation or enter into an agreement, the City will remove the diseased tree. An administrative abatement service charge will be charged based on the cost of the abatement, with a minimum charge of $150. Budget Issues: The City's share of the cost of removal for diseased trees within the public right -of -way and on City property is included in the 2011 budget under the Public Works Forestry operating budget. The cost of removal for diseased trees located on private property is the responsibility of the respective property owner, and if unpaid, is specially assessed to the property. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Council Goals: Strategic: We will encourage city -wide environmental sustainability efforts. Ongoing: We will provide streamlined, cost effective, quality services with limited resources. i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA WHEREAS, Brooklyn Center City Code Section 20 -301 declares any diseased tree a public nuisance and provides for abatement by the City if not corrected by the property owner; and WHEREAS, removal of diseased trees and abatement of the public nuisances is necessary to prevent the spread of tree diseases and to protect the environmental quality and desirability of neighborhoods; and WHEREAS, a Notice to Abate Nuisance and a Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the-owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance. Property Owner Address Tree Type and No. Jeremy Lalim 7212 Riverdale Road Elm 2 Constance Johnson 6000 Humboldt Ave Elm 23 Sheila Johnson 6610 Colfax Ave Elm 24 Keith Nesco 3806 Violet Ave Elm 26 Joslyn Manufacturing 01- 118 -21 -32 -0059 Elm 28 Twin Lake Ave & Lakebreeze Patti Zoerb 5900 Camden Ave Elm 30 Cindy Mosher 7200 Humboldt Ave Elm 31 Richard Beck 3112 Thurber Road Elm 33 Ernest Erickson 6800 Drew Ave Elm 34 Donald Custer 5837 Irving Ave Ehn 36 Marcia Lovejoy 6331 Bryant Ave Elm 37 Darren Mitchell 2328 Brookview Dr Ehn 38 Jim Kazmierkoski 7130 Logan Ave Elm 40 Derric Johnson 5568 Humboldt Ave N Elm 41 RESOLUTION NO. Property Owner Address Tree Type and No. Jerome Moot 3600 Admiral Ln Elm 42 & 43 Teddy Bear Extended LLC 3413 53 Ave N Elm 44 Malmborg's 5120 Lilac Dr N Elm 46 Ronald E Peter 7112 Oliver Ave N Elm 47 Brian L Markley 5933 Aldrich Ave N Elm 48 2. After twenty (20) days from the date of the initial notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council .by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. The cost of abatement shall be recorded and become the personal responsibility of the owner of record. If unpaid, the costs shall be specially assessed to the property in accordance with City Codes and Minnesota Statutes Chapter 429. July 25, 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. 6e COUNCIL ITEM MEMORANDUM DATE: 19 July 2011 i TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: RFP for Insurance Agent of Record Recommendation: It is recommended that the City Council consider adoption of a resolution appointing Northern Capital Insurance Group as agent of Record for the City's property and casualty and workers' compensation insurances beginning 1 September 2011. Background: At the regular City Council meeting of 25 April 2011 a Request for Proposals document was approved by the Council for solicitation of professional services of an insurance agent for the City. The RFP was distributed to 12 firms in the Twin Cities area, one of those in Brooklyn Center. The City p received 5 responses on 15 June 2011 from the following firms: Bearance Management (the incumbent) ( AON Insurance Services Northern Capital Insurance Group CBIZ AJ Gallagher & Company The sheet compiled to make the first review of the documents is attached. It showed proposals ranging from $ 10,000 per year on the low end to $ 22,500 on the high end for services. The review of these proposals by the City Manager and Director of Fiscal & Support Services concluded that two firms should be interviewed; AJ Gallagher and Northern-Capital. Those firms were interviewed Wednesday, 6 July 2011. Although Northern Capital was not the lowest proposal, the interviews provided some insight into additional services that would make their cost worth the investment. Northern Capital would come to Brooklyn Center and inventory all of the properties, facilities, equipment and other assets covered under the insurance policy to assure that 1.) the proper items were listed in the policy and adequately covered and 2.) identify items that might better be left out of policy coverage. Their methodology for determining the most appropriate level of the deductible (currently $ 2,500 per incident) was well prepared and presented in detail. Attached is a list of the questions posed to each of the firms during the interview. Reference checks with current customers of each firm were made by telephone. The cities of Eagan and New Brighton strongly endorsed Northern Capital. Mission: Ensuring an attractive, clean, safe conututnity that enhances the duality of life and preserves the public trust COUNCIL ITEM MEMORANDUM After compiling all of the information about these two finalist firms, it is recommended that the agreement for services be awarded to Northern Capital Insurance Group. The agreement is guaranteed at an annual fee of $ 14,750 per year from 1 September 2011 through 31 August 2014. Budget Issues: The current budget for insurance agent fees is $ 20,500. The Northern Capital proposal will save $ 5,750 per year over what the City is currently paying on an annual basis. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources i A'lission Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the pulilic trust Bearance AON Northern Capital CBIZ AJ Gallagher Years in Business (Firm /Oldest Affiliate) 6/99 19/331 331na 151na 40/83 # of LMCIT Cities 27 3 6 0 19 Largest LMCIT City Minnetonka MMPA Eagan not applicable Bloomington Property & Casualty Premium Volume $ 55,234,000 $ 11,000,000,000 $ 58,000,000 $ 2,000,000,000 $ 60,500,000 Errors /Omissions Limits carried $ 10,000,000 $ 2,500,000 $ 2,000,000 $ 20,000,000 $ 20,000,000 Annual Fee $ 10,000 $ 22,500 $ 14,750 $ 20,000 $ 10,000 (current annual fee $ 20,500) Special Remarks incumbent. mostly benefits work. reference said two references references were they were helpful questioned speed benefits staff. dealing with XS of service. work comp losses. Interview Questions for Insurance Agent of Record Responses to RFP dated June 15, 2011 1. Please introduce your firm and yourselves 2. How long have you been working with League of Minnesota Cities Insurance Trust (LMCIT) cities? P &C, worker's compensation, both? 3. Has the LMCIT move to an online application made a difference in the time and effort required to service your LMCIT cities? 4. Has there been a problem in any of your cities with timeliness in delivery of policies? (e.g. coverage being bound on 1 April 20XX and policies being delivered late August) 5.. How would you go about reviewing the City of Brooklyn Center's deductible level and whether it ought to change? 6. What is the most effective risk reduction measure you've been able to implement with an LMCIT city in your loss control efforts? 7. What is the most common difficulty in worker's compensation risk management? How do you suggest that clients deal with this challenge? 8. Is there anything else you'd like us to know that would make your firm the best choice for Brooklyn Center? l Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING NORTHERN CAPITAL INSURANCE GROUP AS AGENT OF RECORD FOR THE CITY OF BROOKLYN CENTER WHEREAS, City Council Code of Policies Section 2.80 requires that certain professional services be subjected to the Request for Proposals (RFP) process every six years on a rotating basis; and WHEREAS, an RFP for Insurance Agent of Record representing the City to the League of Minnesota Cities Insurance Trust (LMCIT) was approved by the City Council on 25 April 2011 and distributed to 12 potential firms; and WHEREAS, responses to that RFP were received, reviewed, interviews conducted and references checked following the receipt of five responses; and WHEREAS, Northern Capital Insurance Group appears to present the best alternative combining cost of service with value received for the payment. f NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Northern Capital Insurance Group be appointed as Agent of Record for the City of Brooklyn Center effective 1 September 2011. July 25, 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. 6f COUNCIL ITEM MEMORANDUM DATE: July 21, 2011 TO: City Council FROM: Curt Boganey, City ManagA SUBJECT: Lease agreement with LOGIS Recommendation: It is recommended that the City Council consider approval/adoption of the proposed resolution to continue leasing approximately 1000 square feet on the second floor of the Police Station. Background: In 2005 the City entered into a lease agreement with the Local Government Information Systems Association ( LOGIS) to allow for the installation of a backup computer site on the second floor of the Police Station. At the time of this agreement the area leased was surplus storage space. The current expires on July 31 2011. We have negotiated a revised five year lease that significantly alters the financial provisions of the agreement.. We have replaced the $9.00 per square foot plus $5.00 operating expense charge for 600 square feet with a flat $22.00 per square foot annual lease rate. In addition we have installed a separate electric utility meter. LOGIS will be fully responsible for paying the separately billed electrical utility charges. In addition the City will be reimbursed $27,696 for excess utility cost incurred during the original four year lease term. We believe the revised lease is a fair and reasonable agreement and therefore recommend approval. Budget Issues: There are no budget issues to consider. Council Goals: Select not more than two. Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe conrnzu'nitr that enhances the gzzality (#'life anti preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING LEASE BETWEEN CITY OF BROOKLYN CENTER AND LOGIS FOR POLICE BUILDING SPACE WHEREAS, attached to and incorporated herein by reference as Exhibit 1 is a proposed lease between LOGIS and the City of Brooklyn Center for use of approximately 1000 square feet of space on the second floor of the Police headquarters building; and WHEREAS, the terms and conditions set forth in the proposed lease attached hereto as Exhibit 1 appear to be reasonable and proper. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute the proposed lease attached hereto as Exhibit 1 on behalf of the City of Brooklyn Center with such finalization of the exact language to be set forth in the Exhibits as are deemed acceptable by the City Manager to finalize the exact descriptions set forth in the Exhibits. July 25, 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. Exhibit 1 LEASE AGREEMENT This Lease Agreement ( "Lease ") is made and effective this _ day of , 2011, by and between LOGIS ( "Tenant ") and City of Brooklyn Center ( "City "). City is the owner of land and improvements commonly known and numbered as: City of Brooklyn Center 6645 Humboldt Avenue North Brooklyn Center,lblN 55430 and legally described as follows (the "Building "): City makes available for lease a portion of the Building designated as: Police second floor expansion area, approximately 600 square feet of unfinished building area for the exclusive use as Tenant's computer facility herein (the "Leased Premises ") In addition the City will also provide approximately 400 square feet of unfinished building area adjacent to this area for use during emergencies by the Tenant as an emergency operations area herein (the "Emergency Area "). City desires to lease Ahe Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from City for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. City hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from City, for a Term" beginning August 1, 2011 and ending July 31, 2016. B. Prior to the end of the term the City will negotiate in good faith with Tenant for additional lease terms as long as the facility and space are available for lease by the City of Brooklyn Center and requested by Tenant. 1 Exhibit 1 2. Rental. Tenant shall pay to City $22.00 a square foot for area defined as Leased Premises per year, payable in 12 monthly installments plus the cost of electrical utilities including third parry billing charge, to be billed separately to the Lessee. A. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to City at: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 or at such other place designated by written notice from City to Tenant. The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. B. When Emergency Area is required by Tenant for emergency use, Tenant shall pay an annual lease rate of $ $11.00 per square foot pro -rated for the number of days 'or partial days of usage. 3. Use Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 4. Sublease and Assignment. Tenant shall have the right without City's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets, provided any such assignee is a government unit or joint powers organization. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without City's consent, such consent not to be unreasonably withheld or delayed. 5. Repairs. - During the Lease term, Tenant shall make, at Tenant's expense, all necessary - repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following City's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and 2 Exhibit 1 utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All ersonal prop e ui ment machinery, fixtures and temporary installations whether p q p � rY� p �'Y acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by City. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. All improvements made to satisfy Tenant's requirements shall be made at Tenant's expense. Emergency Area shall remain unimproved. At the end of this agreement, all improvements to the building will revert City ownership or upon demand of the City they shall be removed by Tenant at its expense, returning the area to its original condition. 7. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent ( shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. City shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as City shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and City shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding :upon some insurance company approved by City, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. City shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide City with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify City that a policy is due to expire at least (10) days prior to such expiration. City shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 8. Utilities. City will provide access and allow use of all building utilities including heating, cooling, local telephone, UPS, and back -up generator service for connection to Tenant's equipment. Cost of all 3 Exhibit 1 utilities shall be covered by City except for electrical utilities which shall be bill and paid separately by the lessee. r 9. Access to Fiber optic cabling. City shall provide the required fiber optic lines from City Hall to the Police Building which includes a 72 strand fiber optic single mode cable with 24 strands allocated to Tenant and 48 strands allocated to the City. Tenant maintains ownership of 24 of the fiber optic strands that span between City Hall and the Police Building. This ownership shall continue past the end of this agreement and will be managed under the LOGIS /Brooklyn Center INET agreement. 10. Custodial Maintenance. City will provide reasonable routine custodial maintenance service for the leased premises. 11. Entry. City shall have the right to enter upon the Leased Premises. at reasonable hours to inspect the same, provided City shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Common Areas and Restricted Areas. City will provide normal use of all common areas for use by Tenant's employees. Tenant's employees will not enter restricted areas. Common areas and restricted areas are depicted on the attached Exhibit A. 13. Access. City will provide 24 hour 7 day a week access to all leased space. 14. Parking. During the term of this Lease, Tenant shall have the non - exclusive use, in common with City, other tenants of the Building, their guests and invitees, of the non - reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by City. City reserves the right to designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and employees. Tenant hereby leases from City 3 parking spaces during non emergency times and 12 parking spots during emergencies, such spaces to be on a first come -first served basis. 15. Building Rules. 4 Exhibit 1 Tenant will comply with the rules of the Building adopted and amended by City from time to time and will cause all of its agents, employees, invitees and visitors to do so. All changes to such rules will be sent by City to Tenant in writing. The initial rules for the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes. 16. Damage and Destruction. Subject to Section 7 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to City to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, City shall promptly repair such damage at the cost of the City. In making the repairs called for in this paragraph, City shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary .materials or labor or other matters which are beyond the reasonable control of City. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence that is beyond Tenant's reasonable control ' and that renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for.Tenant's purposes. 17. Default. If default shall at any time be made by Tenant in the payment. of rent when due to City as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by City, or if default shall be made in any of the other covenants 'or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by City without correction thereof then having been commenced and thereafter diligently prosecuted, City may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, City may reenter said premises. City shall have, in addition to the remedy above provided, any other right or remedy available to City on account of any Tenant default, either in law or equity. City shall use reasonable efforts to mitigate its damages. 18. Quiet Possession. City covenants and warrants that upon performance by Tenant of its obligations hereunder, City will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 5 Exhibit 1 19. Condemnation. If any legally constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and City -and Tenant shall account for rental as of that date. Tenant shall be entitled to recover no compensation from the condemning authority for any loss or damage caused by the condemnation other than relocation benefits. Neither party shall have any rights in or to any award made to the other by the condemning authority. 20. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. City is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as City may request. In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes City as its attorney -in -fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by City execute and deliver to such persons as City shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect. (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that City is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as City shall reasonably require. 21. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to City to: Cornelius Lycurtis Boganey, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 If to Tenant to: Mike Garris, Director LOGIS 5750 Duluth Street 6 Exhibit 1 Golden Valley, MN 55422 City and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 22. Waiver. No waiver of any default of City or Tenant hereunder shall be implied from any omission or failure to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by City or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 23. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, City and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 24. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 25. Successors. The provisions of this Lease shall extend to and be binding upon City and Tenant and their respective legal representatives, successors and assigns. 26. Consent. City shall not unreasonably withhold or delay its consent with respect to any matter for which City's consent is required or desirable under this Lease. 27. Performance. If there is a default with respect to any of City's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to City specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures. 28. Compliance with Law. 7 Exhibit 1 Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. City shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 29. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 30. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Lease as of the day. and year first above written. CITY OF BROOKLYN CENTER Mayor City Manager LOGIS [Tenant] 712 11201 12,56:30 PM V2-1-/29g4 .M49 -P� Exhibit A 8 Exhibit 1 Building Rules 1. Tenant's agents and employees shall use the parking spaces in the "authorized only" area of the building northwest parking lot. 2. Tenant's agents and employees shall enter and exit through the lobby of the. building and shall sign in and out with police staff. 3. Tenant's agents and employees shall wear in a clearly visible manner . an authorized LOGIS or Brooklyn Center Police Department Identification card/security badge at all times while in the building. 4. Tenant shall provide to police administration a list of agents and employees who have authorized access to the back -up facility. 5. Tenant's agents and employees are free to use the second floor employee break room, but must abide by the posted rules for clean-up and storage of any food items or containers. 9 LOG1S Local Government Information Systems Association The LOGIS Advantage July 20, 2011 Curt Boganey Assistant City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Curt, This letter is in response to our conversation on Friday July 15 During this conversation you noted that we had over two months worth of electrical usage history from the LOGIS data center. You noted that during the month of May we were averaging $47.00 a day of electrical charges and during the month of June /July we were averaging a little over $49.00 a day of electrical charges for the data center. Since LOGIS has not added systems or additional equipment to the data center over those months, my assumption is that the difference in the cost is caused by the air conditioners. (Summer heat requires a higher electrical load.) ) Since it was never LOGIS's intention to burden the City of Brooklyn Center with the electrical charges for the hot site data center, we will reimburse the city for the electrical charges occurred in 2010 and up to the end of July 2011 at $48.00 a day. This results in a grand total reimbursement of $27,696. Starting in August under the new LOGIS five year lease, the square footage charge for the LOGIS data center will increase to $22 a foot and under this new lease, LOGIS will pay our own electrical consumption that is recorded from the meters installed in the data center through a monthly bill provided by an agent of the City of Brooklyn Center. From both of our reviews, this increase in lease charges over the next 5 years will offset any remaining costs that were occurred by City Y the Ci of Brooklyn Center related to the LOGIS data center. (Attached to this document is the final copy of our agreed upon lease.) As a separate note I would like to express both LOGIS and my appreciation for our wonderful working relationship over the years and look forward to our continuing partnership. Please feel free to obtain council approval on the attached lease and forward the signed lease to me for Mike Garris' signature. If you have any further questions please feel free -to contact me at (763) 543 -2626. Sincerely, Kevin Pikkaraine Manager of Network Services and Operations LOGIS City Council Agenda Item No. 6g COUNCIL ITEM MEMORANDUM DATE: July 19, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer. SUBJECT: Resolution Authorizing Acquisition of Easements for NORTHWEST FAMILY SERVICE CENTER ADDITION Recommendation: It is recommended that the City Council consider approval of a resolution authorizing acquisition of easements for NORTHWEST FAMILY SERVICE CENTER ADDITION. Background: As part of the NORTHWEST FAMILY SERVICE CENTER ADDITION Final Plat, certain easements are needed that must be dedicated separately from the plat and will be recorded in standalone documents. A permanent easement is needed that will encircle existing public sidewalk/trail, landscaping and streetscaping elements in the northeast corner of the development at the intersection of 71st Avenue and Brooklyn Boulevard (see attached easement document and exhibit). A drainage and utility easement is needed along the west side of the plat due to the zero setback ( allowance of the parking ramp from the property line. This easement will be entirely on the adjacent property of the existing Osseo Willow Lane Schools plat (see attached easement document and exhibit). The City Attorney has reviewed all easement documents and concurs to the purpose and form of the easements. Budget Issues: All easements are being dedicated at no cost to the City of Brooklyn Center. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR NORTHWEST FAMILY SERVICE CENTER ADDITION WHEREAS, the Planning Commission has recommended approval for the plat for NORTHWEST FAMILY SERVICE CENTER ADDITION based on certain conditions as set forth in the City Council Resolution No. 2010 -75 and Planning Commission Resolution Nos. 2010 -02 and 2010-03; and WHEREAS, certain easements must be dedicated through separate recorded documents in lieu of being dedicated on the plat; and WHEREAS, a perpetual public easement is needed for the existing public trail, sidewalk, landscape and streetscape elements in the northeast of the property within the plat of NORTHWEST FAMILY SERVICE CENTER ADDITION; and WHEREAS, a perpetual. public drainage and utility easement is needed along, the easterly property line within Lot 2, Block 1, OSSEO SCHOOLS WILLOW LANE ADDITION; and WHEREAS, the City Attorney has reviewed easement documents for said perpetual easements, copies that are attached hereto; and r WHEREAS, the property owners have agreed to dedicate said easements at no cost to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The Mayor and City Manager are hereby authorized to execute perpetual easements that will be dedicated to the City located within the plats of NORTHWEST FAMILY SERVICE CENTER ADDITION and OSSEO SCHOOLS WILLOW LANE ADDITION, in the name of the City of Brooklyn Center. July 25, 2011 Date Mayor ATTEST: City .Clerk The motion for the adoption of the foregoing resolution was duly seconded by member i 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. (Sidewalk and Landscaping) EASEMENT This Easement is made as of , 2011, ' by ISD 279 — OSSEO AREA SCHOOLS, a Minnesota public corporation ( "ISD 279 ") in favor of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS, ISD 279 is the fee owner of the real property described on Exhibit A (the . «Pro ert 1 ). WHEREAS, ISD 279 desires to grant to the City certain easements over a portion of the Property described on Exhibit B and depicted on Exhibit C (the ` Basement Area "). TERMS OF EASEMENTS 1. Grant of Easements For good and valuable consideration, receipt of which is acknowledged by ISD 279, ISD 279 grants and conveys to the City a perpetual non - exclusive easement over the Easement Area for public landscape and streetscape, sidewalk, trail and related purposes subject to the terms and conditions hereof. 2. Scope of Easements The landscape and streetscape easements granted herein include the right of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purpose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described Easement Area any of the following facilities and amenities: public sidewalk or trail way; bus bench/shelter; fence; retaining walls, litter receptacles; decorative landscaping features including planting beds, boulders, shrubs, trees, and other landscape improvements; and irrigation systems. The easements for sidewalk and trail uses granted herein includes the right of the City, its contractors, agents, and employees to locate, construct, operate, maintain, alter and repair public sidewalk and trail facilities within the Easement Area. The easements granted herein also include the right to cut, trim, or remove from the Easement Area any trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easement or improvements of the City. 4087819v2 t 3. Environmental Matters The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suites or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement area or Property prior to the date of this instrument. 4. Binding Effect The terms and conditions of this instrument shall run with the land and be binding on ISD 279, its successors and assigns. i 4087819v2 IN WITNESS WHEREOF, ISD 279 and the City have executed this Easement effective as of the date and year first above written. ISD 279: ISD 279 — OSSEO AREA SCHOOLS, a Minnesota public corporation By: Name: Kim Riesgraf Title: Assistant Superintendent of Administration STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Kim Riesgraf, the Assistant Superintendent of Administration, of ISD 279 — Osseo Area Schools, a Minnesota public corporation, on behalf of said corporation. Notary Public SIGNATURE PAGE TO EASEMENT (Landscape and Sidewalk) i 4087819x2 CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim Willson, the Mayor, and by Cornelius L. Boganey, the City Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public SIGNATURE PAGE TO EASEMENT (Landscape and Sidewalk) t 4087819v2 EXHIBIT A Legal Description of Property All of that part of Lot 1, Block 1, NORTHWEST FAMILY SERVICE CENTER ADDITION, Hennepin County, Minnesota A -1 4087819v2 EXHIBIT B Description of Easement Area [See attached] f B -1 4087819v2 STREETSCAPE EASEMENT EXHIBIT FOR CEAP,. INC. & INDEPENDENT SCHOOL DISTRICT NO. 279 PROPOSED STREETSCAPE EASEMENT DESCRIPTION All that part. of Lot 1, Block 1, NORTHWEST FAMILY SERVICE CENTER ADDIAON, Hennepin County, Minnesota descrined as follows. Beginning of the northeast corner of said Lot 1, Block 1; thence on on assumed bearing of South 36 degrees 26 .minutes 13 seconds East, along the northeasterly line of sold Lot 1, Block 1, a distance of 50.00 feet; thence North 74 degrees 51 minutes 57 seconds West, a distance of 64.35 feet to its intersection with the northwesterly line of said Lot . 1, Block 1, thence North 54 degrees 09 minutes 13 seconds East, a long sold northwesterly line, a distance of 40.00 feet to the point of beginning of the easement described. NOTES The orientation� of this bearing system is based upon the unrecorded plat of NORTHWEST FAMILY SERVICE CENTER A001170N. At the time this Proposed Streetscope Easement was written the plat of NORTHWEST FAMILY SERVICE CENTER ADDITION was not recorded. Said plot must be recorded prior to these easements being recorded. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly registered Land Surveyor under the laws of the State of Minnesota. Blake L. Rivard — Minnesota Licensed Land Surveyor Reg. No. 19421 Date 6 -09 -2011 MIDWEST Land Surveyors & CiviI Engineers, Inc. 710 East River Road 1 Anoka, Mn. 55303 1 Ph. 783- 712 -9099 Fax: 703- 712 -9055 Job No. - _10_1 Rook -Page OLr Aced -ale 10�_10 C 2010 - Midwest Land Surveyors & Civil Engineers, Inc. - All Rights Reserved EXHIBIT C Depiction of Easement Area [See attached] t i C -1 4087819v2 f STREETSCAPE EASEMENT E rHIBIT GRAPHIC SCALE 0 25 50 100 i inch = 50 ft. t - � V q r o 6' r N7 4 s¢ ' 35 \ `� � posed rv- lb r O 7 \ ` 1 / rT, J \ N 6 0 . 06 2 a � o I I \ - -- L— NOTES The orientation of this bearing system is based upon the unrecorded plot of NORTHWEST FAMILY SERVICE CENTER ADDITION. • At the time this Proposed Streetscape Easement was written the plat of NORTHWEST FAMILY SERVICE CENTER ADDITION was not recorded. Said plat must be recorded prior to these easements being recorded (Drainage and Utility) EASEMENT This Easement is made as of , 2011, by ISD 279 — OSSEO AREA SCHOOLS, a Minnesota public corporation ( "ISD 279 ") in favor of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation (the RECITALS WHEREAS, ISD 279 is the fee owner of the real property described on Exhibit A (the " Property WHEREAS, ISD 279 desires to grant to the City certain easements over a portion of the Property described on Exhibit B and depicted on Exhibit C (the " Easement Area "). TERMS OF EASEMENTS 1. Grant of Easements For good and valuable consideration, receipt of which is acknowledged by ISD 279 grants and conveys to the City a perpetual non - exclusive easement for drainage and utility purposes over the Easement Area for public drainage and utility purposes subject to the terms and conditions hereof. 2. Scope of Easements The perpetual drainage and utility easements granted herein include the right of the City, its contractors agents, and employees to enter the Easement Area at g Y, g all reasonable times for the purpose of installing, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described Easement Area any of the following. facilities and amenities: storm sewer, sanitary sewer, water facilities, ground surface drainage ways and other public City owned utilities, in the described easement area. The easements granted herein also include the right to cut, trim, or remove from the Easement Area any trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easement or improvements of the City. j vi 3. Environmental Matters The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suites or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement area or Property prior to the date of this instrument. 4. Binding Ems The terms and conditions of this instrument shall run with the land and be binding on ISD 279, its successors and assigns. V1. IN WITNESS WHEREOF, ISD 279 and the City have executed this Easement effective as of the date and year first above written. ISD 279: ISD 279 — OSSEO AREA SCHOOLS, a Minnesota public corporation By: Name: Kim Riesgraf Title: Assistant Superintendent of Administration STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Kim Riesgraf, the Assistant Superintendent of Administration, of ISD 279 - Osseo Area Schools, a 4 Minnesota public corporation, on behalf of said corporation. Notary Public i SIGNATURE PAGE TO EASEMENT (Drainage and Utility) vi CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Name: Tim Willson Title: Mayor By: Name: Cornelius L. Boganey Title: City Manager J STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 2011, by Tim- Willson, the Mayor, and by Cornelius L. Boganey, the City Manager, of the CITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public SIGNATURE PAGE TO EASEMENT (Drainage and Utility) i v1 C EXFIIBIT A Legal Description of Property All of that part of Lot 2, Block 1, OSSEO SCHOOLS WILLOW LANE ADDITION, Hennepin County, Minnesota A -1 V1 EXHHIBIT B Description of Easement Area [See attached] B -1 vi DRAINAGE AND UTILITY EASEMENT EXHIBIT FOR CEAP, INC. & INDEPENDENT SCHOOL DISTRICT NO. 279 PROPOSED DRAINAGE AND UTILITY EASEMENT DESCRIPTION All that part of Lot 2, Block 1, OSSEO SCHOOLS WILLOW LANE ADD1770N, Hennepin County, Minnesota described as follows: Beginning at the most northeasterly comer of said Lot 2, Block 1, thence on an assumed bearing of South 89 degrees 58 minutes 55 seconds West, along the northerly most line of said Lot 2, Block 1, a distance of 20.00 feet, thence South 00 degrees 02 minutes 36 seconds East, parallel with an easterly line of said Lot 2, Block 1, a distance of 436.37 feet to its intersection with the westerly extension of a north line of said Lot 2, Block 1, thence North 88 degrees 51 minutes 43 seconds East, along said westerly extension of a north line, a distance of 20.00 feet to said easterly line; thence North 00 degrees 02 minutes 36 seconds West, along said easterly line a distance of 435.98 feet to the point of beginning of the easement described I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am a duly registered Land Surveyor under the laws of the State of Minnesota. Blake L. Rivard — Minnesota Licensed Land Surveyor Reg. No. 19421 Date 7 -18 -2011 MIDWEST Land Surveyors & Civil Engineers, Inc. 710 East River Road Anoka, Lin. 55303 Ph. 763 - 712 -9099 Pam 763- 712 -9055 Sob No. — 10 -107_ Hook -Rage ➢cF _ Aoad Ills 10- 10720' ➢AUES i (C) 2010 - Midwest land Surveyors & civil Engineers, 1ne, - All Rights Reserved — - ` • _... «. _ EXHIBIT C Depiction of Easement Area [See attached] C -1 vi DRAINAGE AND { 58958'55" UTILITY EASEMENT 20. - S89'S8'S5 "W 149_79 ♦ 4 Northerly most line of-l' Exf t'n9 ear a , , * e ` Lot 2, Block 1, OSSEO /and Utility Eat;e am � SCHOOLS HOLLOW LANE "' A00177ON Most northeosterly corner - of — Lot 2, Block 1, OSSEO SCHOOLS WILLOW LANE ` T ADDITION r M i GRAPHIC SCALE r, 100 � ♦ 0 25 50 Q) Q �� p o 1 inch = 50 ft. *� { Z ao -1 @ p � h Cb c y V r < 1 i Q Q 'E a of y Zm, fr ,• �' Z •` 1 En Westerly extension of a North line of Lot 2, ♦, A North line of Lot 2, Block 1, OSSEO SCHOOLS , Block 1, OSSEO SCHOOLS - H?LLOW LANE ADD177ON - -� I r - HALLOW LANE •ADDITION 1, • r 209.31 Plat � cc ♦ �' 209.17 Meas. 20.00` ` S88-51343 3JW N88 51 '43 E 1 City Council Agenda Item No. 8a COUNCIL ITEM MEMORANDUM DATE: July 19, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer] SUBJECT: Resolution Vacating Certain Drainage and Utility Easements Within Lot 3 Block 1, OSSEO SCHOOLS WILLOW LANE ADDITION; Lot 1, Lot 2 and Lot 3, Block 1, CENTER BROOK ADDITION; and Lot 4, Lot 5, Lot 6, Lot 7 and Lot 8, Block 1, REPLAT OF BLOCK 2, LANG ADDITION; Lot 4, Lot 5, and Lot 6, Block 2, LANG ADDITION, Hennepin County, Minnesota Recommendation: It is recommended that the City Council consider approval of the resolution authorizing partial release of existing easements and release and termination of existing easements in connection with the final plat approval of NORTHWEST FAMILY SERVICE CENTER ADDITION. Background: It is expected the City Council will adopt the resolution granting final plat approval for the NORTHWEST FAMILY SERVICE CENTER ADDITION development at its meeting on July 25, 2011. In connection with the final plat and easement dedication proceedings, the developer is requesting release and termination of easements that are either no longer needed or are being replaced by new easements. The following easements are proposed to be released and terminated as indicated: 1. Drainage and utility sements on Lot 3 Block 1, OSSEO SCHOOLS WILLOW LANE t3' ADDITION. The required drainage and utility easements will be dedicated on the NORTHWEST FAMILY SERVICE CENTER ADDITION. 2. Drainage and utility easements on Lot 1, Lot 2 and Lot 3, Block 1, CENTERBROOK ADDITION. The required drainage and utility easements will be dedicated on the NORTHWEST FAMILY SERVICE CENTER ADDITION. 3. Drainage and utility easements on Lot 4, Lot 5, Lot 6, Lot 7 and Lot 8, Block 1, REPLAT OF BLOCK 2 LANG ADDITION. The required drainage and utility easements will be dedicated on the NORTHWEST FAMILY SERVICE CENTER ADDITION. 4. Drainage and utility easements on Lot 4, LOT 5 and Lot 6, Block 2, LANG ADDITION. The required drainage and utility easements will be dedicated on the NORTHWEST FAMILY SERVICE CENTER ADDITION. As part of the public hearing and notification process, affected entities with interests in said existing easements have been notified in accordance with City Ordinance and State Statute. It is staff's opinion that all easements proposed to be vacated are fully encompassed by rededicated easements as part of the project's final plat and should not negatively affect rights to public easements. We are unaware of any entity objecting to the vacations. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The attached easements and exhibits outline the release and termination of easements and show the locations of said existing easements. The City Attorney has reviewed the release and termination documents and concurs to the purpose and form of the documents. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust IV I U '-s-� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 3 BLOCK 1, OSSEO SCHOOLS WILLOW LANE ADDITION; LOT 1, LOT 2 AND LOT 3, BLOCK 1, CENTER BROOK ADDITION;AND LOT 4,LOT 5,LOT 6,LOT 7 AND LOT 8,BLOCK 1,REPLAT OF BLOCK 2,LANG ADDITION;LOT 4,LOT 5,AND LOT 6,BLOCK 2 LANG ADDITION, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission has recommended approval for the plat for NORTHWEST FAMILY SERVICE CENTER ADDITION based on certain conditions as set forth in the City Council Resolution No.2010-75 and Planning Commission Resolution Nos.2010-02 and 2010-03; and WHEREAS, certain existing easements pertaining to the properties contained within the plat for NORTHWEST FAMILY SERVICE CENTER ADDITION are either no longer needed, or are being replaced by new easements; and WHEREAS, the easements proposed to be vacated are identified as follows and are hereafter referred to as "the Easements": All publicly dedicated drainage and utility easements as shown on Lot 3,Block One, OSSEO SCHOOLS WILLOW LANE ADDITION, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit A; and All publicly dedicated drainage and utility easements as shown on Lots 1,2 and 3, Block 1,CENTER BROOK ADDITION,Hennepin County,Minnesota,and shown as crosshatched in the attached Exhibit A; and All publicly dedicated drainage and utility easements as shown on Lots 4, 5,6,7 and 8, Block 1, REPLAT OF BLOCK 2 LANG ADDITION, Hennepin County, Minnesota, and shown as crosshatched in the attached Exhibit A; and All that part of the publicly dedicated drainage and utility easement as shown on Block 2, LANG ADDITION, which lies East of the West line of Lot 4, Block 1, REPLAT OF BLOCK 2 LANG ADDITION,all in Hennepin County,Minnesota,and shown as crosshatched in the attached Exhibit A; and RESOLUTION NO. WHEREAS, after due notice and public hearing,the City Council has determined that the Easements will be no longer needed, once the plat of NORTHWEST FAMILY SERVICE CENTER ADDITION is recorded, and it is in the public interest to vacate the Easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that: 1. The City Council hereby approves the vacation of the Easements described above and depicted in the attached Exhibit A. 2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles,as appropriate;provided,that this resolution will only take effect upon the release and filing of the final plat of NORTHWEST FAMILY SERVICE CENTER ADDITION, execution and filing of associated and separate rededicated easements, and upon execution and filing the subdivision agreement for said associated development. July 25, 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. 62a_�j 1 S_�_t EASEMENT VACATION BIT for C.E.A.P -0- Denotes Drainage and Utility Easements to be vacated. Scale: 1" = 100' . 71ST AVE N U E LA ,-North line of Block Z, NG ADDITION. v \ \ L A G A D D l T l 0 N 1 , \ 5 6 �c \ 4 Vk Drainage and Wity Easement per___ D \ \ �om v--record plat of Lang Addition m_o \ �7-. ,� . \ \ p\L 0 ^ r (To be wcated) T W 0 8% O {r ��` / II \tzj z y N L _ — \ ' �-South line of Block 2, LANG ADDI710N. DESCRIPTION OF EASEMENT TO BE VACATED All that part of the publicly dedicated Drainage and Utility Easement as shown on Lots 4, 5, and 6, Block 2, LANG ADD1770N, Hennepin County, Minnesota, according to the recorded plat. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that l am a duly Licensed Land Surveyor under the laws of the State of Minnesota. MIDWEST Land Surveyors & Civil Engineers, Inc. Dated this 137H day of June 2011. 710 East River Road. �► Anoka, MN. 55303 BY Registration No. 19421 Ph. 763-712-9099 Fax: 763-712-9055 10-107 Blake L. Rivard- Minnesota Licensed Land Surveyor Job No. 10-107 Book—Page DCF Acad FileESMT.VAC. EXHIBIT Revised Vacation Area July 20th, 2011 ©2011=Midwest Land Surveyors&Civil Engineers, Inc. — A#Rights Reserved. Revised Vacation Area July 25th, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 3 BLOCK 1, OSSEO SCHOOLS WILLOW LANE ADDITION; LOT 1, LOT 2 AND LOT 3, BLOCK 1, CENTER BROOK ADDITION; AND LOT 4, LOT 5, LOT 6, LOT 7 AND LOT 8, BLOCK 1, REPLAT OF BLOCK 2, LANG ADDITION; LOT 4, LOT 5, AND LOT 6, BLOCK 2 LANG ADDITION, HENNEPIN COUNTY, MINNESOTA WHEREAS, the Planning Commission has recommended approval for the plat for NORTHWEST FAMILY SERVICE CENTER ADDITION based on certain conditions as set forth in the City Council Resolution No. 2010 -75 and Planning Commission Resolution Nos. 2010 -02 and 2010 -03; and WHEREAS, certain existing easements pertaining to the properties contained within the plat for NORTHWEST FAMILY SERVICE CENTER ADDITION are either no longer needed, or are being replaced by new easements; and WHEREAS, the City of Brooklyn Center and Robert F. Lang, Delores E. Lang and Matilda S. Lang., filed a plat dated on or about May 17,1956, and filed in the Office of the Registrar of Deeds, Hennepin County as LANG ADDITION; the City of Brooklyn Center and Robert F. Lang and Delores E. Lang, filed a plat dated on or about July 6, 1957, and filed in the Office of the Registrar of Deeds, Hennepin County as RE -PLAT OF BLOCK 2 LANG ADDITION; the City of Brooklyn Center and Robert F. Lang and Delores E. Lang; filed a plat dated on or about June 29, 1964, and filed in the Office of the Registrar of Deeds, Hennepin County as CENTER BROOK ADDITION; the City of Brooklyn Center and Independent School District 279, filed a plat dated on or about December 23, 2005, and filed in the Office of the Registrar of Deeds, Hennepin County as OSSEO SCHOOLS WILLOW LANE ADDITION; and WHEREAS, the City Council has determined that it is necessary and expedient to release and terminate the aforementioned easements as indicated and specifically contained in the attached documents and exhibits for the benefit of the City, of Brooklyn Center and the Northwest Family Services development; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The City Council hereby approves the release and termination of the aforementioned easements with respect to the plat of NORTHWEST FAMILY SERVICE CENTER ADDITION, release and terminations of which are described in the exhibits and documents attached hereto. RESOLUTION NO. i 2. The approval hereby given to the release and termination of the easements with respect to the plat of NORTHWEST FAMILY SERVICE CENTER ADDITION includes approval of such additional details therein as may be necessary and appropriate, and such modifications thereof, as may be necessary and appropriate and approved by the City or Authority officials authorized by this resolution to execute any document related to the execution of the documents. This resolution, together with the execution of any required documentation to be executed in connection with the partial release, or release and termination of the easements in the appropriate officer or officers of the City or Authority, shall be conclusive evidence of the approval of the execution of the documents in accordance with the terms thereof. 3.. The Mayor and City Manager are hereby authorized to execute the aforementioned documents in the name of the City of Brooklyn Center. 4. Release and termination of said easements are contingent upon and will only take effect upon the release and filing of the final plat of NORTHWEST FAMILY SERVICE CENTER ADDITION, execution and filing of associated and separate rededicated easements, and upon execution and filing of subdivision agreement for said associated development. July 25, 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. EASEMENT VACATION EXHIBIT for 5y C.E.A.P /� 9 pwtP�a�) , � . -• 9, 9l 6.36 " f ON n m o o CM0 - Scale: 1 " = 100' �A��ma 3 a4oq� i� The orientation of this Bearing System is e based upon the recorded plat of OSSEO o -- rn o _ SCHOOLS WILLOW LANE ADDITION. � BLOCK ONE "E ,; o 5 ; 6y8 N8942'00 "E -- 0.04 - r• -� •i' 34 S �° O Denotes Drainage and Utility Easements to be vocafed. „ A south lire of Lot • • �.� Orainoge and 3, Block 1, OSSEO •� Utility Easement SCHOOLS t{1LLOW ' --Per record plat , - ADDI �i To be vacated N ( ) Nag 72'51 E 179.52 LO ��� 20 N P ''62.64-; 114.59 o = 5 88'5 S88 51 '43 "W o'CD o °p (n Cp 3 \ O cmp" ° DESCRIPTIONS OF EASEMENTS Z 04 8 41y m TO BE VACATED a m ° �a� Nn Q All publicly dedicated Drainage and Utility t Easements as shown on Lot 3, Block 1, O Ea e and Easemen ili Utty t 5 i OSSEO SCHOOLS WILLOW LANE ADDITION, _ per record plot ! Hennepin County, Minnesota, according to 5 O �—{ro be wcoted) - o 7283^- the recorded plat thereof. 209.31 Plot N Southerly most line 209.17 Meas. 'ol Lot 3 Block 1, I S88 WLiow SCHOOLS ADDI DON I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that l am a duly Licensed Land Surveyor under the laws of MIDWEST the State of Minnesota. Land Surveyors & Civil Engineers, Inc. Dated this 197N day of May 2071. 710 East River Road. Anoka, MN. 55303 - - -1� Ph. 763 - 712 -9099 Fox: 763 - 712 -9055 11 -118 BY Registration No. 19421 Job No. 11 -118 Book -Poge DCF ACOd File ESMLVAC. EXHIBIT Blake L. Rivard - Minnesota Licensed Land Surveyor ©2011- Midwest Land Surveyors & Civil Engineers, Inc. - All Rights Reserved. EASEMENT VACATION EXHIBIT for C.E.A.P Denotes Drainage and Utility Easements to be vacated. Scale: 1 " = 100' V •', A E O TER Nth K pDDIPON O��' \ '' 0R0o 5 ..... Li' ... .......... .• 3.x.... K::.=......- c u� � i9 - .- U:►- Oroinoge, and •~' oo y � \ — — — —. — Utility Easement 3 ' i• er record Plt -- • fro be P vacateod) BLOCK � ONE' --South line of CENTER BROOK A001770N. \ \ DESCRIPTIONS OF EASEMENTS TO BE VACATED All publicly dedicated Drainage and Utility Easements as shown on Block 1, CENTER BROOK ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof. l hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of MIDWEST the State of Minnesota. Land Surveyors & Civil Engineers, Inc. 710 East River Road. Dated this 13TH day of June 2011. / Anoka, MN. 55303 Ph. 763 - 712 -9099 Fox: 763 -712 -9055 10 -107 By //�� e� I / Re gistration No. 19421 \ \\ Job No. 10 -107 Book -Page DCF Acad File ESMr..VAC. Blake L. Rivard - Minnesota Licensed Land Surveyor ©2011- Midwest Land Surveyors & Civil Engineers, Inc. - All Rights Reserved. EASEMENT VACATION EXHIBIT for C.E.A.P Denotes Drainage and Utility D Easements to be vacated. Scale: 1 " = 100' ENU o. — 1S+ A o f °tn N 7 �` A. Of GK 2 5' p ol .6 ( 9 3yoOGl� \:a Jr fa Pto" I 10 mr 4 Drainage and f °° °`I°c° — — — — — I .4 utility Easement _per record Plot p (5 0 e (�- (To be vacated) o j2 1 6 m W5 BLOCK ao. ONE 3aKN i I II � \••:�•. •:•• ` -South line of REPLAT OF BLOCK 2 LANG ADDIDGN. ` \• DESCRIPTIONS OF EASEMENTS TO BE VACATED All publicly dedicated Drainage and Utility Easements as shown on Lots 4, 5, 6, 7 and 8 Block 1, REPLAT OF BLOCK 2 LANG ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the lows of the State of Minnesota. MIDWEST Land Surveyors & Civil Engineers, Inc. Dated this 137H day of June 2011. 710 East River Rood Anoka, MN. 55303 Ph. 763 -712 -9099 Fox: 763 -712 -9055 19421 10 -107 BY Registration No. Job No. 10 -107 Book -Page DCF Acad File ESMLVAC. EXHIBIT Blake L. Rivard — Minnesota Licensed Land Surveyor Q2011— Midwest Land Surveyors & Civil Engineers, Inc. — All Rights Reserved .EASEMENT VACATION EXHIBIT for C.E.A.P Denotes Drainage and Utility Easements to be vacated. Scale: 1 " = 100' J rr �0N A C- U 7 ol a L' 7 - 1 s T r -North Itns of Blodr 1, LANG ADDI LA G A DI Ti� d 5 J r V 6 1 1 2 3 1 4 / a 3 Dre ecoir mid UtAitY Easement Per- \ gw ' record ofof Lmg AddiBon Qo B 0 ^` J be wcated) 1 T w o x N • West line of Lot 4. - -'� South the of Block $ LANG ADD111ON. Block 1. REP"T OF SLOW 2 LANG WW770N. i DESCRIPTION OF EASEMENT TO BE VACATED All that part of the publicly dedicated Drainage and Utility Easement as shown on Block 2, LANG ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof which lies East of the West line of Lot 4, Block 1, REPLAT OF BLOCK 2 LANG ADD1770N, Hennepin County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that i am a duly Licensed Land Surveyor under. the laws of the State of Minnesota. WDWEST j Land Surveyors & Civil Engineers, Inc. 7t0 East River Road. Dated this 13711 day of June 2011. Anoka, MN. 55303 P e l Ph. 763 -712 -9099 Fina 763- 712 -9055 10 -107 By R egistration N 19421 Job No. 10 -107 Book —Page DCF Acad File ESMT.VAC. EXHIBIT Blake L. Rivard — Minnesota Licensed Land Surveyor ®2011— Midwest Land Surveyors & CiAl Englneem Ina — AU Rights Reserved. Revised Vacation Area duly 20th, 2011 NORTHWEST FAMILY SERVICE CENTER ADDITION Item 8a. Public Hearing Vacation of Easements Regular City Council Meeting: July 25, 2011 NORTHWEST FAMILY SERVICE CENTER ADD OSSEO SCHOOLS EASEMENT VACATION EAMBIT WILLOW LANE for J,.`8 A zi5 G.E.A.P /�Vb•3�a%4 4 Y6.. q oil- ADDITION Plat t.. Z Release and Termination ` aum� ►ti 3 \\ Scale: 1 100' yan.0.'•n of f,'8ew.�q SWta-.y yt;se ry, ""d vptr�Me "r ded A'et of OS10 BLOCK ON£ scf+crxs ruoW cAx,AOGrnON. of platted drainages = _ '69<ZOOt and utility easement ����: I ^ i•\ "�, Ew.mcm fs M De wcafrr. Needed easements dedicated in proposed NORTHWEST FAMILY I V DESCRIPTIONS OF EASEMENTS I �•• €3? Nw TO BE VACATED SERVICE CENTER I , , dle6cotd ad Blut,7. I °S fasemeflts as artonn afr :at J Block ! u r s f 6SSEC SCH00S AlliOW LANE AMP.N, I .� ••" I , b NCITICAn^ Cou•Pty. W-CWfa, accordrrg to ADDITION plat - �_ .r t�B recnmed prat��f,f gsq SCM:rAS ;N3�f'4J"W sk'wecn�u% r r•.t'fy roe!k�..r zowr.0-a.•nowt.rax of o~by ¢.f•?R.pn•*a aid Mar:mr n a'y..krerd tx+rt Sw„wy.•ura.Ms brr of I(IMSi r n. e• Land Surrvyora k O i!£aefancrs• fan -,%f-f.4•w NntP C.ro Y. 17n' a y of Mer ,1011. A-A.N4.55.703 .M f.n i�—ft8 (A,d—r.ry• il!': A•nn•Fir£SM PVC C. R� }' -11 R-- rn. M fm M}/7—WV —1:tl ,� negl7rKic+t.4n. fAt7: :.R'Hnk—4.Maanb.:<m:aea!rM 5'e•.vaot ®M1;—arwM��rt 5✓wPa AChd Uwnww v.:n a..F.M+a Fewr wl. NORTHWEST FAmiLy SERVICE CENTER ADD CENTER BROOK EASEMENT VACATION EAWBIT for ADDITION Plat C•E.A.P is Release and Termination - - 3cnotas Dro:nar�a a:e!:ftiify fasementc!o ae rrce!r^A. 100'= of platted drainage ( $COIB: 7•'; and utility easement ` ----`— Ifs, Needed easements _ _ dedicated in r �,. ,,A.�:���A�.� proposed posed r BLOCK! �~ �!ONF NORTHWEST FAMILY J,• SERVICE CENTER DESCRIPTIONS OF EASEMENTS TO BE VACATED ADDITION plat �4 paWi'dy aedtcated Drainage and Utdity Easements as share on Stock 1, CENTER ffXLi^,K 4,"770N, Ifenneain C-unty, .W7aesofa, accardtrrg to fhe recorded ptat fhereof !hMMY rMry Ma!Mn SrKY ofa+cr rvnv�rer a'xParin Dl m. wr7M my ^'� a'ra+rr.aae•.:Maa.,e Mar!aa+a aa'y L.'an-wsa loon Str,w�rr wow Ms tern of MI�9PLST nr snr.vt V:v�.>ntn tared Sarretoxa k Civf! Fagiaoer,, tae enaw ✓efI/MH rJ./._�'�/e"y ae ��l'7/Ji+e mwj r4. X�J(]m3?Y51aa: Jb?-AI-510!1 •CIS.' 1a-!L7 Ay aaghf•a!kn.4a M r.., 'L�t07 jtrnaF-A^R• D.l Aran f1'x*-W!W!X.4Wt 7 ,4'nFe:. em.a-4.ki•asn'6::(K.aeO!-e S�r.e rx !{;7M:-rw .wpr A GbA F+p'+w•a.n -A,•e,p;;..Fu.•rx. I NORTHWEST FAIVIILY SERVICE CENTER ADD R E P LAT OF BLOCK 2 , EASEMENT VACATION EXHIBIT for LANG ADDITION Plat C.E.A.P Release and Termination Ter sMs Arai.aga m,.a ufufy Eaam+ro±s!n C.e rtx-afrrd se.: r" T 100' of platted drainage and utility easement V Needed easements dedicated in proposed BLOCK it ONE NORTHWEST FAMILY -�- - --- ------- --- '-!er..q M FRrT t A�I..rti.v1r]. \.•1 SERVICE CENTER n DESCRIPTIONS OF EASEMENTS TO BE VACATED ADDITION plat 6. FabkcJy deock 1d Dramogs and CK ?IANC Empments de,Hee.. an Lots t 5, s. �and B Rrxx �. »EAt Ar GF Rt,G�x�r..+ac AOr�trck, Mennenla c!xnrr AtJanosoto, oecordd^q to!ht reeorard plat thoraaf nr.ror rre+h a•r rwr,w.or r:.r�.r,ao.±.�r.Rar.•e ar m-r..,rte...r r y yy�� a+wn irq.e.rrn;m rnk fnnr!ar•r nrr:.sarfnr..mk S�r..�..Y.ur'M:aw of 11IMS 1e.S`eNr:..Y:nrxmfe Land Salsnrors k Civil Fngincnr'•. rue >'•'�f�River 0— `u .#!r'.r !� ",at S+.r 29i!. a,ora 53x3 t;NO io-ro� 7grA-!'a9s P �rm.'r1.kwV.`Yl:'.�t)MttlA7 R'a!r Y ..ft::<—f aok 5'er:e.. �7d I-Wrew ieN Sr '—1 C4(.q:­n Fyn+.A-.— NORTHWEST" FAMILY SERVICE CENTER ADD LANG ADDITION Plat EASEMENT VACATION EXHIBIT for C.E.A.P Release and Termination of platted drainage Scale: 1 = 100' ci and utility easementy; .:, ? ` `' Needed easements ~ N`_- ---' �7 1 s r aZ: v dedicated in r p oposed LAMNG ADDI rI \04f NORTHWEST FAMILY , : 5' 6 1>ht t 2 3 1 4 / e 1�*t� B O C' "°""' T W 0 SERVICE _ S CE CENTER - m,ac r u.c Fa1^:w ADDITION plat DESCRIPTION Of EASEMENT TO B£ VACATED AA that past of the aucarcry dedicated Dramoge and UM;ty Easement as shown on Block 2, LANG ADDt71AV, 1pennep;n County, Minnoscto, accrrdinq to the recorded plat thereof whkh Aes East of the West line of Lot 1, Black 1. :REPLAT OF BLOCK 2 LANG ADOMON, Hennepin County Wk esoto. ',«»or re•Nry Mr M,:.w.er.a,'.a�<.+ o.,�„«,os T- i,+.>..mr N.S lt..?e:m,mtl 1,vf J+rm a S✓l�Kw•rA'.w tmtl Sl..wry W.ON by:O.t of Lead Sttt'reyars e:Ciml Fnciaoora. fne Tf,fwf lTi..v Rwu .�vfH M9 r_t'" tl'rY at Sr,e 17.•. �- f\./61-?12-9P99 Fw: le}/)7-9alJ 4�,Gr A/ l' -/" f \ -__ pry,ihvtiur..Yn fAl7! ..A Nv i f 7 D.F A,,vp!iYk}V�YL_'.hw Y.'vnesat ®Mrt-MMM,�.Swwyrr L[iw L:. -A,Fy,-A-.-..e J F�w'A.0'h+.vM1a,Arse..w' NORTHWEST FAMILY SERVICE CENTER ADDITION Easement Vacations Requested Council Action : • Motion to open Public Hearing • Motion to take public input • Motion to close Public Hearing • Motion to adopt Resolution Vacation of easements are contingent upon : 1. Release and filing of Final Plat 2. Execution and filing of dedicated easements 3. Execution and filing of subdivision agreement Item 8a. Public Hearing Vacation of Easements Regular City Council Meeting: July 25, 2011 City Council Agenda Item No. 10a COUNCIL ITEM MEMORANDUM DATE: July 19, 2011 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works /City Engineer j SUBJECT: Resolution Approving Final Plat for NORTHWEST FAMILY SERVICE CENTER ADDITION Recommendation: It is recommended that the City Council consider approval of the Resolution Approving Final Plat for NORTHWEST FAMILY SERVICE CENTER ADDITION. Background: The Brooklyn Center City Council approved the proposed preliminary plat based upon certain conditions (see attached conditions of approval, City Council Resolution No. 2010 -75). The attached final plat for NORTHWEST FAMILY SERVICE CENTER ADDITION was developed and would combine the following existing properties: part of Lot 3, Block 1, Osseo Schools Willow Lane Addition; Lotl, Block 1, Center Brook Addition; and Lot 4, Block 1, Replat of Lang Addition. The new plat will form a single lot with shared parking. The applicant is now seeking final plat approval from the City Council. The final plat is recommended for approval subject to the conditions established by the City Engineer, conditions established by the City Attorney based on a review of an updated title commitment provided by the applicant (within past 30. days), conditions as previously approved by the City Council, and any conditions established by Hennepin County for recording of the plat documents. Budget Issues: The applicant has paid a final plat application fee of $125 and must reimburse the City for any additional engineering, administrative, legal or other fee associated with the filing and recording bf the final plat. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT FOR NORTHWEST FAMILY SERVICE CENTER ADDITION WHEREAS, the Planning Commission has recommended approval for the final plat for NORTHWEST FAMILY SERVICE CENTER ADDITION based on certain conditions as set forth in the City Council Resolution No. 2010 -75; and WHEREAS, the applicant has .applied for approval of the final plat for NORTHWEST FAMILY SERVICE CENTER ADDITION as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for NORTHWEST FAMILY SERVICE CENTER ADDITION is hereby approved, subject to the following conditions: 1. Conditions as previously recommended by the Planning Commission Resolution Nos. 2010 -02 and 2010 -03, and/or as revised and amended by City Council actions taken on said development's Preliminary Plan approval in accordance with City Council Resolution No. 2010 -75. 2. Property owner must provide an executed and certified recorded copy of an overall utility facilities easement agreement for all private utility facilities connected into the City's utility system. 3. Property owner must provide an executed and certified recorded copy of a streetscape and trail easement for said public elements located within the northeast corner of the property. 4. Provide executed and certified recorded copy of a 20 foot drainage and utility easement along the easterly property line of Lot 2, Block 1, OSSEO SCHOOLS WILLOW LANE ADDITION. a . 5. Property owner must provide an executed and certified cross - access agreement between the Willow Lane Early Childhood Center and the Northwest Family Service Center, and between the Willow Lane apartments and the Northwest Family Service Center, filed with the plat. RESOLUTION NO. 6. Property owner must provide an executed and certified cross - utility agreement between the Willow Lane Early Childhood Center and the Northwest Family Service Center, for the proposed private watermain and private sanitary sewer line located in the northeast corner of Lot 2, Block 1, OSSEO SCHOOLS WILLOW LANE ADDITION, filed with the plat. 7. Existing public easements that are being granted on the final plat must be released and terminated. 8. Evidence of title satisfactory to the City Attorney and City Engineer. 9. Any other conditions as established by Hennepin County for recording of said Final Plat. July 25, 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. i NORTHWEST FAMILY SERVICE CENTER ADDITION H.T DOC. NO. KNOW ALL MfN BY fIIESC PRESENTS 1M1O1 Mdpmeml SMOW ON)rkI Nw 279. a 1Nmm�fe Mdy poMRC entl mrporo /e. lea 1 Bake L. Rlverd n Mrwby cerN {y IAM )hie plat wva pnparvd by me w under my dXea/ aup«rb/m: Me/ I am a tlury Deemed sr er Me /ef—M, deeenbed prop MY elluul.d M Me County If me —P/n, Slof. v/ Minnexely to wR: Land Survey« M Ms 5/aIS o/ MMnsseb; Mvf Ihix plot to a sorreaf npreamfvfien o/ Ms beundvry aurvry; Mef alI malhamalicd dole end Mbeh vn Demean, de+fgnated m )M+ pleb Mef WI monummh depleted m Ihh plvl hen been, « IN be c«roclty nl wiMM ens pe, Mal ell rat« bvunderhe and wW land" ae W /Ined M M/nns+ol. SMheq Smlfen SMI" Sub.. S a vI IAe Let 4 Bleak I, Osseo S—d, Me. Cone AdIAMI , ­1 Ihal pert ee -ee.d rahh, Me doh e{ We cent /heNon an Morn end IeNd d en Mh ploh Mal oft pubBc rep en xhe- and Mbeled on fhls plat. p/W v/ 0.n /« Break AtlMlfm. De /b Mia tlaY a/ 201. pert e/ Ms smledy Mundery or nld !wd hex been merktl by Jutllcly/ Lmdmaka . Punuwl Iv Orly« In iwnnx Car Na 168JJ. Bloke L N-4 licensed Lend Survey« —.Pm C -", M /nmaela M;.—. Mmme:NV. 1-1 r-3 Prop «ty And That pet v/ Lol J. 8- 1. O Sch— w/New Len. Additk...mbrond rlWh Me P1.1 If Cmhr Brm4 Ideffi— STAX MINNESOTA I ..PM County, mie.—le I a Prop «ly Th/a fmhum.nt wee eckmwhtlpatl b./oro m. Mfa day If . P01_. by BIOM L R"M,, Ucenled Lmd Surwym, Mk.—. a Numb« IV21. Md 1M1 CemmunUp Emerp.mY Axxfehne. Progmm, Meerpomfed, a Mlnn.nfe mrpamfivn, /u ern« If IA. {MOwfng eenHbad prop My +avehd M the County If NmmpM, SMI. of —k b rlh LW I. Bha4 1, Cenl« Bno4 Add/liee. NPIery Pub /la, County. MMn.aeh. - NMnepM c. Or, Mf onto Ny Cemmhaim�rpi i T nx —'=y And Lel 4. Bhvk 1. RePtol of Sleek 2 Lang Addlllm. BROOKLYN CENTER, MMNESaIA N.mePM Clvnry, Mfnnvm /v Tonem PmpMy Thh p/ol bl NORrNwEST rmxr SERVICE CENTER AOM110N wee approved and veaephd by lM Chy Cal-H of the C/ly W Brovktyn Cenl.r, MM n al a m mnNng IMrml held IhM d:1 f SOJ_. .Pplieebh, W. WIN. menla d nrommmdaNem W Me Corr — i `m.aien« e/ i +pedalfm d IM Cemlro hwvy Ens r hove been mashe. by the Clty « the proad:Id J0 Joy p«lo. Ms alapaad Mlhoul roceyd of euM 'nh and ft. I daWavle M. a bee { pWlla uH lone « Ms abllaIHWEST FAMILY S ��q mg iN N .es.mmix as al own a I h h e ro mendvNvm, yr prvrld.d by 4— Sfvluhs SasBen SOS•OJ, 6ubd. P. Pu P Y end IM dmMa LYTY COUNCIL aF rM CITY N BROOVLTN CENTER, MINNESOTA M rRnex where/ sold MdV.. -I SMevl DIA*t H. 279, v NMrnnh body I fide end a«pemh has awed Men p e—f. h I. Mgned by lh prop- el/laen Ihh dey el .Pal_ �• . By Mmeger MOEPENOfNT SCNOOL aIS/MCr — m SMeeI Seerd Chakp«am Clerk TAXPAYER SO WOES iWARTNEN>: NENNEPIN COUNT INl I M eb, eeM{y Mot feaea pe,M le and P'f- pen hen 6nn pefd Ix /and eeeanbed « Mle PMf. O d MA, p dey s/ Pal_ STATE Of MBMESOTA COUNrr OI NIf L Ate ITI , Nnn.PM County AIINW The tangoing fnxhumsnl roe Board vckmwhdged be{ero me Ihis doy o{ P01_. by B & S Chabpenm Intl by en MOOf Chrk oI Mdepmdml SIM1IW alaMW No. 2YB, e 4Mnemfe body pal /lie 2 - d. an b.Mll eJ /he mrp«elMn. - SURVEY OIVIStaK NENNEP01 COUNTY, MINNESOTA Nolvry Pubge. CovWy, AtinneteM. Punuvnl le MMN. SLAT. See. SBJB.555 (1g6BJ. Ihis plat has ben approved fMa dey It MY Comte rion lrpins WNNem P. Brown. H.nneP /n ComIY Surwpr BY rnneu whene/ xvie cemmurdty Emsrpency MWSronn Pre evo Meerpemhe, a Minneaela eerpanlhn, hm roused Meld Pnsenh Jo be Ngn.d by rya Proper p1 {IC« Mk doy If , 201_. REGISTRAR Of nTLES, WMEPIN COUNTY, MINNESOTA C0 MUNOY EMERGENCY ASSISTANCE PROGRAM. INC. I hereby mrll /y Mvl the rl /AM plot eI NORNfWfST f.MttY SERWCE CENTER AOBINON waa /I/sd In IAh olNn IhN doy If 2a1 el oabek Prosldont MI— k —off'. Mglsfmr If NIISe By Mputy STATE Of MMESOTA cow" or M. /ongeMP r humml rex va4narhdged Mlon n,. Mts tley v/ Sa)_, by Syron Leher, PrerMSn1 of Commonly Emd"., Aaslalwn Program. Ineorpomhd v MMnnofe corpomlim. m bahvlf of nr aarperolMn. Nol ry Pubffa, County, NMneeefa. NY Commhaion fxpf er r ( MIDWEST Land Surveyors & Civil Engineers, Inc. ' SHEET I Of' 2 SHEETS N07 TOArSM NORTHWEST FAMILY SERVICE CENTER ADDITION R.T. OOC. NO. i ,•r �.,`'':.. / .gy "�\ // 959 I 1 1 � + �-Ii_ N I• i' S01 NZI. a - mar P. / ____ _____ ____ __ _ _ ___1 l0ii .� •`'� i y {. I •. ', .• �t �S ne s -s °! Ml 1.. IXr fvuMrRY �_ y ° " 8 j � rj.�'� a .tom •' l \ 4' �. I l�� I � � Mi U wrfa �o ro a� ,� xf. B IL 0 0 K 0 N E co' Cy _ ,a.J b 7f - salon - l-uxX uun[o Y' -i cmxP[n T yim, \ � •, " I � ®- "":: -ronN° xar,.f uXa.,.P. •x a`'` i ., i r '� N00'02'36"W 435.98 Al... \ � fXRP BPPar X°aaa' . 1 + fmr \ �� - � ''mow .. � sons r • '' cl I . 2 5 \ B e T O 'Ahs y � U O Y ° ' 82, Vat a - -- - -.1 54.36 I a - NO .20 " v 1 n-W I MIDWEST r •. r.,i a;i(;i ?iii+ I Land Surveyors &Civil Engineers. Inc. .r..r. SNCEr 2 Of 2 SHEETS Member Parks introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2010 -02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATIONT NO. 2010 -004, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF NORTHWEST FAMILY SERVICE CENTER WHEREAS, Planning Commission Application No. 2010 -004 submitted by the Welsh Construction, on behalf of CEAP, Inc. and Independent School District 279 requests Preliminary Plat approval of a subdivision, to be known as Northwest Family Service Center, a replat / consolidation of Lot 1, Block 1, Center Brookdale Addition (R -1 residence /vacant lot), Lot 4, Block 1, .Replat of Block 2 Lang Addition (R -I residencelvacant lot), and Lot 3, Block 1, Osseo Willow Lane Addition (C -1 Adult Ed Building) into a 3.9 acre lot with right of way dedications to facilitate improvements to the 71 Ave. North; and WHEREAS, the Planning Commission held a duly called public hearing on March 25, 2010 which was continued until April 12, 2010 at which time a staff report and public testimony regarding the preliminary plat of Northwest Family Service Center were received; and WHEREAS, the Planning Commission finds that the Preliminary Plat is consistent with the General Development Plans of the Northwest Family Service Center Planned Unit { Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010 -004 submitted by Welsh Construction be approved based upon the following considerations: 4 1. The final plat is subject to review and approval by the City Engineer Department as outlined in their memo dated April 13, 2010. i 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Appropriate cross access agreement allowing access from the Willow Lane Early Childhood and Family Education Center, the Northwest Family Service Center, and the Willow Lane Apartments to the proposed Lot 3 shall be developed and filed with the plat. 1 I F I I 4. The necessary drainage and utility easements within this Plat and the P'UD Master Plan, as approved by the City Engineer, shall be dedicated and filed with the final plat, S. Existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. b: Approval of the access improvements to the entrance onto Brooklyn Boulevard and the 71 Avenue signalized intersection by Hennepin County. 7. Approval of the 71" Avenue street realignment project by the City of Brooklyn Center. Psi 1 , �2_ OJ Date Chair ATTEST: J ecretary The motion for the adoption of the foregoing resolution was duly seconded by member Kuykendal I and upon vote being taken thereon, the following voted in favor thereof: Chair Rahn, Commissioners Campbell Sudduth, Kuykendall and Parks. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. r a , i j 1 i i Member Parks introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2010 -03 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -006, A REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR PHASE II OF THE . NORTHWEST FAMILY SERVICE CENTER. WHEREAS, Planning Commission Application. No. 2010 -006 submitted by Welsh Construction, on behalf CEAP, Inc. and Independent School District. 279, are requesting site and building plan approval for Phase II of the Northwest Family Services Center; and WHEREAS, the 2 °d phase development includes the construction of a 63,362 sq. ft. addition to the Adult Education Building, located at 7051 Brooklyn Boulevard, a three story parking structure, the redesign of access and internal movement within the parking lot of the Willow Lane Early Childhood Family Education Center located at 7020 Perry Avenue, and access improvements to the signalized intersection of 71" Avenue North and Brooklyn Boulevard; and WHEREAS, the Planning Commission finds that the Site and Building plans are consistent with the General Development Plans of the Northwest Family Service Center Planned Unit Development. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010 -006 submitted by Welsh Construction be approved based upon the following considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and/or roof top mechanical equipment shall be appropriately screened from view and provided with opaque gates, consistent with Chapter 35 -411. 4. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. B -612 curb and gutter shall be provided around all driving and parking areas. F I 7. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. I. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. (. r 9. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. i 10. The applicant shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 12. The final plat comprehended under Planning Commission Application No. 2010 -004 shall be approved by the City Council and filed with Hennepin County prior to the issuance of occupancy permits for this project. 13. The rezoning comprehended under Planning Commission Application No. 2004 -005 shall be approved prior to the issuance of building permits for the project. 14. Access to the site along Brooklyn Boulevard is subject to approval by Hennepin County Transportation Department and the obtaining of the appropriate permit. f 15. The public improvements for the realignment of 71 Avenue North and the signalized intersection are approved and installed with or simultaneous with this project. i 16. Approval is subject to conditions and recommendations as outlined in the City Engineering Department's memo dated April 13, 2010. i I s I ' LOW i i Date Chair ATTEST: etary The motion for the adoption of the foregoing resolution was duly seconded by member Kuykendal 1 y I and upon vote being taken thereon, the following voted in favor thereof: { Chair Rahn, Commissioner Campbell - Sudduth, Kuykendall, and Parks. and the following voted against the same. None whereupon said resolution was declared duly passed and.adopted. Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2010 -75 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -004, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF NORTHWEST FAMILY SERVICE CENTER WHEREAS, Planning Commission Application No. 2010 -004 submitted by the Welsh Construction, on behalf of CEAP, Inc. and Independent School District 279 requests Preliminary Plat approval of a subdivision, to be known as Northwest Family Service Center, a replat/consolidation of Lot 1, Block 1, Center Brookdale Addition (R -1 residence /vacant lot), Lot 4, Block 1, Replat of Block 2 Lang Addition (R -1 residence /vacant lot), and Lot 3, Block1, Osseo Willow Lane Addition (C -1 Adult Ed Building) into a 3.9 acre lot with right of way dedications to facilitate improvements to the 71" Ave. North; and WHEREAS, the Planning Commission held a duly called public hearing on March 25, 2010, which was continued until April 12, 2010, at which time a staff report and public testimony regarding the preliminary plat of Northwest Family Service Center were received; and WHEREAS, the Planning Commission finds that the Preliminary Plat consistent with the General Development Plans of the Northwest Family Service Center Planned Unit Development; and WHEREAS, the Planning Commission recommended approval of Application No. 2010 -004 by adopting Planning Commission Resolution No. 2010 -01; and WHEREAS, the City Council considered Application No. 2010 -004 at its April 26, 2010, meeting, considered the Preliminary Plat in light of all testimony received, and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City -of Brooklyn Center to approve Application No. 2010 -004 submitted by Welsh Construction in consideration of the following: 1. The final plat is subject to review and approval by the City Engineer . ` Department as outlined in their memo dated April 13, 2010. I 2. The final plat is subject to the provisions of Chapter 15 of the City i Ordinances. i I I i! RESOLUTION NO. 2010 -75 3. Appropriate cross access agreement allowing access from the Willow Lane Early Childhood and Family Education Center, the Northwest Family Service Center, and the Willow Lane Apartments to the proposed Lot 3 shall be developed and filed with the plat. 4. The necessary drainage and utility easements within this Plat and the PUD Master Plan, as approved by the City Engineer, shall be dedicated and filed with the final plat. 5. Existing, but no longer necessary, easements shall be vacated by the City prior to release of the final plat. 6. Approval of the access improvements to the entrance onto Brooklyn Boulevard and the 71" Avenue signalized intersection by Hennepin County. 7. Approval of the 71 Avenue street realignment project by the, City of Brooklyn Center. April 26, 2010 - Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tim Roche and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich;` and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. NORTHWEST FAMILY SERVICE CENTER ADDITION Item 10a . Final Plat Regular City Council Meeting: July 25, 2011 NORTHWEST FAMILY SERVICE CENTER ADDITION Final Plat developed in consideration of: • PUD • Preliminary Plan (Site Plan and Preliminary Plat) • Vacation of existing easements, granting of separate easements and dedication of right-of-way/easements on plat • Future Subdivision Agreement NORTHWEST FAMILY SERVICE CENTER ADDITION Final Plat (Sheet 1 of 2) NOILTHT EST FAMILY SERVICE C,"EN-TER ADD17YON rr�'n 141II IRlMS wN wr.wwN s..r'Pr,N r/!l.��MM M.M M.rrMa rN r M:.�wwv M.NM wr.Y' NN w/�r+�I N w r iww.+v Owl ryr1Mn MN r w Ay rwI .wr N wwnw.IwM I/rrrl/MwY/6 sr W.h N tir+rw N M�r liras r w+wrr N W W r.�^M^w^rM.N Yu wwYh.wA IM Y w�.NR w.rrrrr►w.IS.rN..nw Ns r r mwww Mirrr r W W M1r ww r r M w.wb r wµww w r.w M1r N rrir rr.inr M w+,+, rw.. slr.r.town Opnlr,>w A w ♦W N CN/Nr.��A�w Irlw.rM 1YYW,wW�wM,ww.w.nsN M1w M IA N K wM►.wrn A�Mw w.W.M w�W,rt Mr Y/IM..r.w.Mwn M M.rI w M,M w M N M MINT NrtirY N rN nM w!r.wwrl N.rwN irwrn. errs _—___ ar/N—__�Ar ,rwr1 r wW w Anw ti sr Iwa �C.ww.Mww.r r�..wwr�r riw—r!i.TS✓1r�__ rYrV T1N rl N:N;YJ r.tar.SNr Yr4.iw..IY1rL.rMW wMw M W N[wwr wW MM ra M1wlr bMM Nrntr COLYIn --__—___ T.nw wT✓b Tr NYw+I rM.MSr1 Now wrM Mr� _�»�_ N wnra +4: M SNr�v, ri6'�—wr 1lDT;__ W nr bww..b I1wNrN rrMwr w�WN.wMro• r rnNrM11 rr..wr N M hiMdy wrn1N Iwrb ngrrn w cwwb N M1wh nr w r.it r.C�w.r wwi Ilrwa.. ..rtiwr.wwrwr s.rr M1w.. n.wTr MNb,MM1ww I,:VRA G[rT.Nw.CNra f w.rb rI.Y��WwwN'a,M1P+r�RT fYYY f/IINCf MII11�Or`.W/.w_Mww.M wwn�N n.M'MwN N MN G4'N ww wwI^M w.M N r�r./M Iwrbs r Atl,lrttS,.IIiW Y SITT/M'rYSY M i MN/wM1 M Y^I��Mr,�w41 ly�r M rwYl».'bNSw..•wrr+.►I N M brw+wwM ...wrr Irnr nr w�wr Mw.N4 Iniw w M Yn•.ww...I w wwwww w rww W W. iwr..wwnw rw.s N leas vawwa sdV tW. m caw a rs an a iem w orr�m,Nuwrmu .a.r.r+r.IrN eiwwe r,nt.anrrw Nb r.nr M..w.w,�.r ww rrwr w N nr•w w w rwr r.ww wr______M•I-----------»r—_, wa//acrvr sn.m msACr.w.m b.—-----.—--.--..M4+ b—.----�—•----�r urriyr f N'a/n a..wYS e[r'/rtlrlr+.n[IwLM[auv/1.M I Mir rnlr/wr Yr,wrf w.---.�W Nw./.w vw Nw Mb W nY�rW r 1M wM ir14 M NMMf n.a..y.,`�wrwr..r«...w..wNr rww.w.wr _ —w N r 4 b___—______—___.Mr✓r _�ta..ww ur,rrn M N_—_--__�crwr:•.7«7.i.:..TLG•"m»�Vi'n� .. lsw�rw�.Nb I.nr w.rr�n.w r NnW N w...r..rw.. --------------- - --_ sir1LY OrRlM'.nsn4M1(awn,rM[S�ri -- .+r.. rw.wr r wY'w.N M1 NN✓./Mr b___—__ N ______ _. _ �• Iwrrirpn llrlrrin:r t1f9rFrGS»MfaY,M. nCpr'W r,�rtrttw GMn,aNtfs'Jta r inui/wR/MM M wAw W.l,a[1Rl4fsT IM!r YIrNCf Cr1MR rYM.HY w r1Y1 w M NArr R.r_______—_ NMM n(NNN.M1rww-r nw. .aNrt50 �trdwlr r W wrwa+INSrInNwCrinw.�fC row w.nr iw N�— win.//wM.n.T'.Iw.i w.rwrrra 11wrwl.�rwwm w'�:w.YN M1ars rin1._ — _n.rn rww.n. LnA"�ne�ars!C'irlf l:yrhuers.Ae .Wry+ar s r ors NORTHWEST FAMILY SERVICE CENTER ADDITION Final Plat (Sheet 2 of 2) =Aa NORTHTYEST FAMILY SERVICE CEATTER ADDITION •.01 lip P ------ ------- ------ -- ------ ------ j l L 0 r jo 0 C K 0 N E L1 1� k C" 1 I, ­-qrp� NORTHWEST FAMILY SERVICE CENTER ADDITION Final Plat Requested Council Action : • Motion to adopt Resolution Subject to the Nine (9) conditions as outlined in the resolution . Item 10a. Final Plat Regular City Council Meeting: July 25, 2011 City Council Agenda Item No. 10b COUNCIL ITEM MEMORANDUM DATE: July 21, 2011 TO: City Council _ FROM: Curt Boganey, City Manage SUBJECT: Meeting Calendar Recommendation: It is recommended that the City Council consider approval /adoption of the revised meeting Schedule for Calendar Year 2011. Background: In May the City Council received and adopted the proposed budget meeting schedule (enclosed) for the current year. Due to a number of factors we have found it necessary to request an amendment to this schedule. I have enclosed a revised schedule for your consideration. If acceptable, we request that you adopt the proposed motion amending your schedule of meetings for the balance of the year. Budget Issues: There are no budget issues to consider. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City .Ytission: Ensuring an attractire, clean, safe community that enhances the quality oj'lije and preserve =s the public trust f t 2012 Budget Calendar City Council Meeting Schedule 2011 Budget (revised) August 3 (Wed) 6:30 PM Tax Base, Tax Levy and Revenue Issues August 15 6 :30 PM Capital Improvements Plan Capital Project Funds August 29 6:30 PM Governmental Funds and Tax Levy (General Fund, Grant Funds, TIF Funds, Debt Service Funds) including staffing implications September 6 (Tue) 6:30 PM Governmental Funds and Tax Levy (General Fund, Grant Funds, TIF Funds, Debt Service Funds) including staffing implications September 12 7:00 PM Adopt Preliminary 2012 Tax Levy and Budget October 17 6:30 PM Utility Funds and Rates November 7 6:30 PM Enterprise and Internal Service Funds November 28 7:00 PM Adopt Utility Rates for 2012 Adopt Pay Plan /Cafeteria Contribution for 2012 December 5 7:00 PM 2012 Budget and Taxation Presentation and Hearing December 12, 7:00 PM Adopt Final 2012 Tax Levy Adopt Final 2012 Budgets - i 2012 Budget Calendar City Council Meeting Schedule July 18 6:30 PM Capital Improvements Plan Capital Project Funds August 3 6:30 PM - Tax Base, Tax Levy and Revenue Issues August 29 6:30 PM Governmental Funds and Tax Levy (General Fund, Grant Funds, TIF Funds, Debt Service Funds) including staffing implications September 12 7 :00 PM Adopt Preliminary 2012 Tax Levy and Budget October•17 6:30 PM Utility Funds and Rates November 7 6:30 PM Enterprise and Internal Service Funds November 21 7:00 PM Adopt Utility Rates for 2012 Adopt Pay Plan /Cafeteria Contribution for 202 November 29 7:00 PM 2012 Budget and Taxation - Presentation and Hearing December 7:00 PM Adopt Final 2012 Tax Levy Adopt Final 2012 Budgets 6 Work Session Agenda AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION July 25, 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. Proposal by Wings Financial for the Termination of the Cement Pond/Fountain Easement and Dedication of a New Trail Easement 2. Financial Commission Report — Utility Collection PENDING LIST FOR FUTURE WORK SESSIONS Later /Ongoing 1. Youth Activities - Councilmember Roche 2. Progress Reports on Achievement of Strategic Goals 3. School District Discussions/BC Strategic Plan Report 4. Sister City Update 5. Active Living Program 6. Annual Department Year End Reports 7. Graduated Sanitary Utility Rate Study — August 22 8. Garbage Hauler Organized Collection Update — October 9. Youth Participation Request — October 10. Neighborhood Designations — December 11. Highway 252 Update - 2012 a Work Session Agenda Item No. 1 MEMORANDUM - COUNCIL WORK SESSION DATE: July 20, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Proposal by Wings Financial for the Termination of the Cement Pond/Fountain Easement and Dedication of a New Trail Easement. Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposal by Wings Financial for the termination of the Cement Pond Easement (removal of the cement pond and fountain) and their dedication of a trail easement for the construction/reconstruction of a trail by the EDA. Background: The City's records indicate that the office building at 6160 Summit Drive, received site plan approval by the City Council on March 24, 1986. Attached is a copy of the site landscape plan included in the Council's agenda packet, which illustrates the development of this 5.9 acre site, the construction of a pond, and a 2 nd phase office building on the adjoining land to the north. The planning report on this item indicated that the pond was being developed for both aesthetic and ( drainage purposes, with the notation that the pond will be surrounded by a lawn and pedestrian path. Though the cement pond was not shown on this landscape plan, it is the City's understanding that the cement pond and fountain, the pond, and the existing pedestrian path around the pond were installed as part of the initial site improvement by Ryan Companies in 1986. On November 30, 2000 an easement referenced as, Encroachment and Maintenance of Cement Pond, was executed between ReliaStar Life Insurance Company, its successors and assigns (ReliaStar) and Brookdale Associates Limited Partnership, its successors and assigns ( Brookdale). This agreement provided for the dedication of easements for the cement pond/fountain that had been constructed on the common lot line between these two properties. This easement agreement provided the following components: - Maintenance of the cement pond by Brookdale, with a provision that if the Brookdale fails to discharge the obligations under the agreement, that ReliaStar would have the option to perform the obligations of the agreement. - Cost allocations for out of pocket expenses to carry out the obligations of the agreement were to be equally split between the two property owners, once a building was constructed and placed in use on the ReliaStar property. - Significant cost items for any construction or reconstruction exceeding $2,500 required a 60 day notice, - Restoration of the facilities /sites on either parcel by Brookdale with a similar cost allocation. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION - A 5 foot temporary construction easements around the cement pond, - Termination or Amendment provision which states that the Agreement may be terminated or from time to time amended with the signature of the ReliaStar Parcel owner and Brookdale Parcel owner and the holders of first mortgages, if any, on the ReliaStar Parcel and Brookdale Parcel, and no consent or signature of any other party entitled to use the easements and rights created hereby shall be required. On December 15, 2000, RehaStar sold their parcel to the EDA. On July 1, 2003, Brookdale sold their parcel to the City County Federal Credit Union. In January of 2008, the EDA conveyed a portion of the ReliaStar parcel for the construction of the Embassy Suite Hotel and retained the southerly 2 acres. This lot contains a majority of the pond and 50% of the cement pond/fountain. The development of the Embassy Suites Hotel required the expansion of the pond and as a result the cement pond/fountain was not operated in 2008. In conversations with the property management, a major problem (broken water line feeding the fountain) was identified when the fountain was put back in operation in 2009. The estimated cost of repairs was $45,664 and discussions on the total replacement of this fountain and water supply /pumping system were projected to exceed $90,000. In April of 2009, the Embassy Suites received their occupancy permit and the cost sharing provisions of the Cement Pond Easement now included the EDA (ReliaStar Parcel). Over the last two years, staff has had several meetings with property management on the options associated with repairs, replacement, enhancements to the pond and trail, and financial responsibilities of parties should termination of the agreement be considered. In 2010, Wings Financial became the new owner of the Brookdale Parcel and the responsible party for the maintenance of the cement pond/fountain. Their assessment of the conditions of the pond/fountain and relative costs associated with repair or replacement of the fountain was to pursue the demolition of the cement pond/fountain and termination of the agreement. Attached for your reference is a copy of the ReliaStar- Brookdale Easement (Encroachment and Maintenance of Cement Pond, the quote by Flair Fountains to repair the structure and portion of the site plan for the Embassy Suites which identifies the location of the cement pond and .relocation of the trail and pond improvements. Proposal for Fountain Removal and Trail Easement Dedication; The attached proposal provides that Wings Financial will pay for 100% of the demolition and restoration costs associated with the removal of the cement pond. The estimated cost of the demolition is approximately $20,000. Additionally, Wings Financial would dedicate to the City a trail easement to allow the continuation of the trail/pedestrian walkway around the pond. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION The proposal provides that the EDA would be responsible for all costs associated with the f reconstruction of this trail (surveying, legal, trail construction, and landscaping) and its ongoing maintenance. The proposal also references that Wings Financial would have no current or future financial responsibilities for the following items: 1. Lighting of the trail, (The light standard on the east side of the pond, adjoining the EBHC, were installed by Ryan Companies with the initial construction and have been maintained by the Brookdale parcel over the years.) 2. The placement of a fountain in the pond. (Through the discussions with property management ( Brookdale Parcel), staff has expressed its opinion on the aesthetic value of replacing the fountain in the cement pond with a lighted fountain in the pond.) Policy Issues: Does the City Council/EDA feel it has sufficient understanding of the 2000 ReliaStar- Brookdale Cement Pond/fountain Easement/Agreement and the estimated repair costs of the cement pond/fountain to proceed with the Termination of this agreement? Is the City Council/EDA willing to accept the responsibility of reconstructing and maintaining the trail around the pond? ( Is the City Council/EDA interested in considering the placement of a fountain within the pond and/or the pedestrian lighting of the trail? Council Goals: Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission: Ensuring an attractive, clean, safe community that enhances the quality of life ant preserves the public trust July 19, 2011 Mr. Gary Eifel Business and Development Director City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Proposal for Fountain Removal and Trail Easement — 6160/6250 Summit Drive Dear Mr. Eitel: Wings Financial Credit Union ("Wings Financial "), owner of the office building located at 6160 Summit Drive, requests the following concerning the non - operating fountain located on both its property and the adjacent property owned by the Brooklyn Center EDA ("EDA" ). Wings Financial requests that the removal of this fountain be put on the agenda for the City Council /EDA meeting on July 25, 2011, and that the City Council /EDA discuss and vote at this meeting to approve the removal of the fountain in accordance with the following proposal. 1. Execution of a Demolition and Removal of Fountain Agreement between Wings Financial and the EDA. This agreement would include the following terms: (a) Wings Financial would remove physical improvements of fountain, fill hole to grade, and cover with seed. (b) This work would be completed within 90 days of execution of the agreement. (c) Wings Financial would pay 100% of the third party out -of- pocket costs incurred by it to perform the work. (d) Wings Financial would not be responsible for any costs to install, construct or maintain any fountain placed in the pond by the City or EDA. (e) Document drafted by Wings Financial and executed by EDA with staff approval (no additional City Council/EDA approval needed). Mr. Gary Eitel Proposal for Fountain Removal and Trail Easement — 6160/6250 Summit Drive July 19, 2011 Page 2 2. Execution of Trail Easement between Wings Financial and the EDA. (a) Document template provided by EDA (standard City trail easement). Wings Financial to revise and tailor to fact specific situation. (b) Trail to be relocated around pond consistent with the depiction attached as Exhibit A (c) Relocated bituminous trail constructed by the City. Note that a portion of the trail will utilize existing patio of building (no new trail) and will be existing concrete or other material rather than bituminous. (d) Other than grass seeding, no landscaping required for trail easement. (e) This work would be completed within 120 days of execution of the agreement. (f) Surveyor hired by City to legally describe trail for easement. (g) City would pay 100% of the third party out-of-pocket costs incurred by it to perform the work, including construction, removal and surveying for the trail (h) Trail maintained by City /EDA at its cost. This includes the costs of any lighting of the trail. (i) Executed by EDA with staff approval (no additional City Council /EDA approval needed). (j) Recorded by City with proof of recording provided to Wings Financial ;. Execution of Termination of Existing Fountain Easement. (a) Document drafted by Wings Financial and executed by EDA with staff approval (no additional City Council/EDA approval needed). (b) Recorded by Wings Financial with proof of recording provided to City. The above three documents would be executed simultaneously between the parties. Wings Financial would cover 100% of its legal costs to draft and finalize these documents. City would cover 100% of its inspection and legal costs. Your attention to this matter is appreciated. My understanding is that the above request is all that is needed for Gary Eitel to present at the July 25 City Council /EDA meeting. Please let me know if more is needed. Also, please let me know if someone from Wings Financial should attend this meeting. Z Vice Pres — Chief Administrative Officer /General Counsel Mr. Gary Eitel Proposal for Fountain Removal and Trail Easement — 6160/6250 Summit Drive July 19, 2011 t Page 3 Exhibit A Depiction of Relocated Trail (depiction attached) E ipYera , Pwrwo • s+ Av � toga FRA Mom • r.ou client t OAVIDSON COMPANIES INC. Y�omn Nw54 RY ssn: - "- — sYm rJ11 Nm msYare —' Protect 6164 SUMMIT OR. ioeatinn uxaammwetmnxreoY ` — r?Al 1--. AND EA CM 8 cerun catton 0TH DEMMMON PLAN ° �Q Summary .r�blxfY rwl /Kw- . E.4,/rt mm m(,wiwRYrx Re Ytsfan Hlstery xw mw. h r+rYMleM Sheet Title PREUMliARY DEMOUTIDN, SITE l G 0 #0 � uw scA�PF auN p ��► ��'(Q� Sheet Number Aavlslon �C fall X1.0 Protect Ne. 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"^��i�''. �+� i' - L -y�,�_ �: ;ag Tr ',.�.., F ., i Sii. � (iq... ,� '�;, _ A ' i, � i,.�11. y,F�".H '= I,, I_.� V �• ,,� i, �� AN ` mop J ��"'�. �iP y? ��'S 233}h>�.'.::,�% - rtn �pp�I3'.: ,� , � J _ aci. ,l• :' �r � F�' .c 1 � �� � �Y. •^,y,d,�, ���e T id�FGZE'h F � �'r�Fy �1 ��,�� �`` � ak'. i +3 x : ¢ 1J.. t.. �._. .��r� � :�; �4„; i firms w r ea g "` -� '.•( b hMr z,.A ., 5 ,' a , �n w'yfi;" �tlY r r iii ,�� sh..u., f �6p : .ir f . `'0 N 3 COMMERCIAL PARTNERS TMLE.. LLt: W EASEMENT (Encroachment and Maintenance of Cement Pond) This Easement (this "Agreement ") is made and entered into this 3o day of 0 /Je' �rvt 6rrr , 244(), by and between ReliaStar Life Insurance Company, a Minnesota corporation, its successors an d assigns ( "ReliaStar ") and Brookdale Associates Limited Partnership, a Iviinnesota s Limited Partnership, itg successors and assigns ( "Brookdale "). L� WITNESSETH u Q WHEREAS, ReliaStar owns fee title to the real estate legally described on Exhibit A ( "ReliaStar Parcel "), and 4 WHEREAS, Brookdale owns fee title to the real estate legally described on Exhibit B s ( "Brookdale Parcel "). $3 WHEREAS, Brookdale needs an easement to be able to use, operate, maintain and reconstruct a cement encased pond, fountain, patio and sidewalk (collectively, the "Facility") which is located on both sides of the common boundary between the ReliaStar Parcel and the Brookdale n Parcel in the location depicted on Exhibit C-1. The portion of the Facility on the ReliaStar Parcel is legally described on Exhibit C. The portion of the Facility on the Brookdale Parcel is as shown on Exhibit G1. The area in which the Facility is located on both parcels is called the "Easement Area y' v NOW THEREFORE, in consideration of the mutual covenants herein contained and one • U dollar and other good and valuable consideration, the parties agree as follows: i 1. ReliaStar Grant of Easement ReliaStar hereby grants a permanent non - exclusive easement (the "Easement ") to Brookdale, its successors and assigns, in, under and above that part of the Easement Area located within the ReliaStar Parcel for purposes of using, operating, maintaining and reconstructing the Facility located within the Easement Area subject to the terms d 1 and conditions set forth herein. Such easement shall be for the benefit and use of Brookdale, its invitees, agents, contractors and employees and its tenants and their invitees, agents, contractors and .�� employees. 2. Brookdale Grant of Easement Brookdale grants a permanent non - exclusive easement (the "ReliaStar Easement ") to ReliaStar, its successors and assigns in, under and above that y 4- portion of the Easement Area located within the Brookdale Parcel for purposes of using the Facility U i- located within the Easement Area subject to the terms and conditions set forth herein. Such easement shall be for the benefit and use of ReliaStar, its invitees, agents, contractors and employees and its tenants and their invitees, agents, contractors and employees. N� s 3. Maintenance-of Facility Brookdale shall repair, replace and maintain. the Facility in good operating condition and repair and shall maintain the appearance of the Facility in good condition. If Brookdale at any time fails to discharge any obligation under this Section 3 and such 3231677.5 ` s : s failure continues for the Agreed Time, as defined below, then ReliaStai may at its option perform the obligation and Brookdale shall within 10 days after billing by ReliaStar pay ReliaStar the full cost of the performance, if at the time ReliaStar is not required to share costs under Section 4, or 50 . percent of the cost of the performance, if it is. The Agreed Time is 30 days after written notice from ReliaStar. 4. Cost Allocation ReliaStar shall pay Brookdale fifty (50) percent of the out -of- pocket costs reasonably incurred by Brookdale to carry out its obligations set forth in paragraph 3 which are incurred after a building is constructed and placed in use on the ReliaStar Parcel. Brookdale may bill ReliaStar periodically for such costs and shall attach copies of invoices or paid checks associated with such costs to such bills. None of such costs shall exceed the market cost as reasonably determined by Brookdale. Brookdale shall identify in each such billing any invoices from ' affiliates of Brookdale. Brookdale shall bear all such costs until the is deveho Parcel p ed or if the ReliaStar Parcel is developed exclusively for a use other than a hotel or office use. 5. Significant Cost Items Brookdale shall give ReliaStar sixty (60) days written notice before undertaking any construction or reconstruction of the Facility costing in excess of $2,500. 6. Limitation of Liabiility ReliaStar and each successor owner of the ReliaStar Parcel shall be only for such obligations under this Agreement relating to the ReWtar Parcel as arise during such party's period of ownership of the ReliaStar Parcel Brookdale and each successor owner of the Brookdale Parcel shall be liable only for such obligations under this Agreement relating to the Brookdale Parcel as arise during such party's period of ownership of the Brookdale Parcel 7. Restoration After the completion of any Facility repair, replacement, or maintenance activity which disturbs any part of the ReliaStar Parcel or Brookdale Parcel adjacent improvements th o to the Facility or any landscaping or � n, Brookdale shall restore the ReHaStar t the condition it was in prior as radical o rookdale Parcel as the case may be as soon p Parcel or � y - to such repair, replacement, or maintenance or as close thereto as maybe practical. The cost of such restoration shall be deemed a cost to be allocated pursuant to Paragraph 3 herein. 8. Temporary Easement 'During anytime Brookdale (or ReliaStar pursuant to its self- help rights above) commences a project in which -the Facility is repaired, replaced or maintained, Brookdale (or.ReliaStar, as the case may be) shall be granted a temporary construction easement over t Area on all sides of the adjoining the Easement Area a the area within five (5) feet of the Easement � g Easement Area. Such temporary easement shall commence on the first day of such construction and terminate after construction and any necessary restoration work is completed. All work undertaken pursuant to this easement shall be conducted in a continuous and expeditious manner. 9. Easements Appurtenant The burden and benefits of this grant of easement shall be perpetual and shall bind the successors and assigns of the parties hereto. The Easement and ReliaStar Easement shall be deemed appurtenant to the Brook the ReliaStar Parcel, Brookdale Parcel and respectively and shall run with title to the Brookdale Parcel and the ReliaStar Parcel, respectively. 10. Estoppel Certificates The owner of the ReliaStar Parcel and Brookdale Parcel each agrees upon the request of the other to execute and deliver an estoppel certificate addressed to such 1231677.5 2 party or parties as the requesting party may specify stating whether this Agreement is my effect, whether it has been amended (and if so, identifying the amendments) and whether, to the knowledge of the certifying party, either owner is in default hereunder (and if so, identifying the defaults). 11. Terrimination or Amendment This Agreement may be terminated or from time to time amended with the signature of the ReliaStar Parcel owner and Brookdale Parcel owner and the holders of first mortgages, if any, on the ReliaStar Parcel and Brookdale Parcel, and no consent or signature of any other party entitled to use the easements and rights created hereby shall be required. i i 1231677.5 3 IN WITNESS WHEREOF, the undersigned have set their hands on the date, first above written. RELIASTAR LIFE INSURANCE COMPANY, a Minnesota corporation By . Its. STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this clay of [� b& t , 2000 icy �; �q�f t j'j k , the � i c �, PrP.Si d �'f" of ReliaStar Life Insurance Company, a Minnesota corporation f II :J M INE p 1231677.5 4 1 BROOKDALE ASSOCIATES LMTED PARTNERSHIP By: Brookdale Three Limited Partnership Its General Partner By: Ryan Properties, Inc. Its General Partner B STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of N avea� , 2000 by 4.44,. P. .�,-: , the V i cx. P,�a�- of Ryan Properties, Inc., a Minnesota corporation, general partner ofBrookdale Three Limited Partnership, a Minnesota limited partnership, general partner of Brookdale Associates Limited Partnership, .a Minnesota limited partnership, on behalf ofBrookdale Associates Limited Partnership. §� Notary Pu 'c �. MANE M. MILLER NOTARYFUSUC'MINNESOTA •{ �C�� w') ^amati�sirn Expires Jan 31, iD05 - M1:688657.02 at i 1231677.5 5 OMMIT A Legal Description ReliaStar Parcel Lot 1, Block 1, Brooklyn Farm according to the recorded plat thereof, Hennepin County, Minnesota. • 1231677.5 A -1 E)GUBIT B Legal Description Brookdale Parcel Lot 2, Block 1, Brooklyn Farm according to the recorded plat thereof, Hennepin County, Minnesota. 1231677.5 B_1 EXHIBIT C Legal Description of Easement An easement for concrete pond purposes lying over, under and across that part of Lot 1, Block 1, BROOKLYN FARM, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Commencing at the southwest corner of said Lot 1; thence South 87 degrees 14 minutes 38 seconds East, assumed bearing, along the south line of said Lot 1, a distance of 323.24 feet to the point of beginning of said easement; thence North 02 degrees 54 minutes 06 seconds East, a distance of 13.02 feet; thence North 47 degrees 56 minutes 19 seconds East, a distance of 25.63 feet; thence South 87 degrees 03 minutes 39 seconds East,.a distance of 25.78 feet; thence South 41 degrees 59 minutes 41 seconds East, a distance of 25.62 feet; thence South 02 degrees 14 minutes 33 seconds East , , a distance of 12.61 feet; thence South 03 degrees 30 minutes 01 seconds East, a distance of 9.26 feet to said o 'd s uth line of Lot 1; thence North 87 degrew 14 minutes 38 seconds West, along said south line , a distance of 7596 feet to the point of beginning. 0 PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED Y M" 4. DEPUTY 1231677.5 C -1 'sww "M[V 4 r,.r.00W4 +fir. I� Easement Sketch 0 or Lor I ' PRiNDSEn L'�—, C E c? v 7' J, PoNn / i jL I C ZWT14 LM Cr L07 ! \g� SdT ° 03 T9 ••U76.J HEICH '1 ° 5 4 9 74 y I �\ 0 2 ' 6 ' ' SA S, i. ' ..:. ► � " • S -67 0 1 +: ! ! •. ' •r�n� , r. � ' • r � � �y K rif �.+1�'lr...•. � li f �! t „wh � �1�� � 72 ,� _ .. :� :_.� • 6- y, POND DR ? , J?�z? {• ,' / t S'� `y T 1 .' . : ,� 7°1� i-- -- _ `i: ,., um a ORt �p EASEJwENr PQ fITC£. CCNCRE W V ! 1 � '.. .~ ' ... .• - � " � i .ylr: f ' '�°J- KLJtRS i \'• � f•. ++8ti� Q10'. 1 � a � 0 1 ; ` !': fir'. �. ,_ .: ".'•.� Q 1 .`•T; •.t fr.'::. � ,:' E e l 6'BUITQ, PROPOSED CONCRETE POND EASEMENT An easement for concrete pond purposos 'lyiny oyor, under and across that part of Lot 1, Block 1, BROOKLYN FARM, according to the recorded plot thereof, Hennepin County. Minnesota describod as follows. ' a ., Commencing of the southwest corner of sold Lot 1; thence South 87 degrees 14 minutes 38 seconds East, ca assumed boadhg, along the south line bf said Lot 1, a distanco of 32324 feet to the point of beginning of said easement; thence North 02 degrees 54 minutes 06 seconds East, a distance of 13.02 foot; thence • • North 47 degrees 56 minutes 79 seconds East, a distance of 25,63 feet; thence South 87 degrees 03 minutes ¢' 39 seconds East. a distance of 25.78 feet; thence South 41 degrees 59 minutes 41 seconds East a distance of 25.52 feat; thence South 02 degrees 14 Ininutog 33 seconds East,' a distance of 355 feet thence South w 86 degrees 57 minutes 02 seconds East. a distance of 12 61 feat; thence South 03 degrees 30 minutas 01 seconds East, a distance of 9.26 fact to sold south line of t.ot 1; thence North 87 degrees 14 minutes 38 ° o seconds West, along sold south line, a distance of 7596 feet to the point of beginning. SCAM i INCH 50 FEET NOM THE BASE UAP USED FOR THIS SKETCH IS Wistwood Professlonal Services, Inc. DENOTES PROPOSED mss. A COPY OF A PORTION OF AN ALTA/ACSU CASO4ENT AREA SURVEY PREPARED FOR RYAN CCIAdPAN1FS US, 1NG ; i BY WESTW000 PROFESSIONAL SERMES ING 2DDO38U SKr.XD11C 1 , r 33891:3U l oZJ 7 7152 q OFFICE OF TBE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FIELD ON DEC - 7 2000 . a� G4STRAR OF TITLES S pEPUT1' • 3 I i 5 _A I L i ♦ ♦ ♦ FLAIR FOUNTAINS 4501 HIAWATHA AVENUE SOUTH MINNEAPOLIS, MN. 55406 WWW.FLAIRFOUNTAINS.COM PHONE 612 - 724 -3655 FAX 612 - 724 -3658 5 -25 -10 6160 SUMMIT REPAIR ESTIMATE Issues with current fountain: 1) The main discharge line has broken underneath the concrete fountain structure 2) The broken discharge line has eroded the earth from underneath a large portion of the concrete fountain structure 3) The concrete `weiring' steps that exist between the fountain feature and the pond are cracked and losing water. This has eroded the earth from under these steps and caused them to crumble 4) The inside of the fountain pool has `shed' its waterproof coating over the years and needs to be replaced 5) The fountain system, as it sits today, does not have a proper drain to ensure water does not stay in the pool during the winter 6) There is no electrical conduit that exists within the pool structure to bring lights or any other equipment into the fountain. Or to convert it to a `submersible' equipment type system 7 The um is quite old and likely won't operate after the ears of being idle p P q Y p Y g -Flair will provide the following service and materials to repair the current water feature at 6160 Summit 1) We will replace the current 3" discharge line from the equipment vault area to the center of the pool, including cutting out the center segment of the pool to replace where the line penetrates the concrete pool 2) We will add class 5 fill under the concrete pool structure to `shore up' the earth under the structure ... preventing heaving or sagging.. 3) We will water -stop and pour the center concrete in place with the correct plumbing and materials 4) We will add fill material underneath the concrete steps to `shore up' the earth under them 5) We will `skim coat' a waterproof coating onto the concrete steps and the entire interior of the concrete pool structure. This will ensure a watertight structure 6) We will replace the fountain's pump and operating equipment to ensure a long lasting, operational fountain system The total for this service would be $45,664.00 / / , , / / a ❑ _ _ / ' / / / RH.S' ,, .. _ o*,. :'r, u :p °. ° _• v �;p�.P• .:ae.:.rx ' .f:: �` •; ' Ail it ° i( 1] / , / / , / • +t y` 7T�j RI A' R30.5' -.. -. . - 1 � •: !' . j am. � '' : i RTSar ° 1i {1 r s:•• •• ••�,••:;•. '• 1 ! I Ii2+. ♦ f ' • 1a R asA' , / .a• RR.S' :.:. .: -: •: sCi - :t :Ii+Y'T'�`'•,. i•." • It •~': t 1 !: 4,1 1 2 .G �• 1 + - I a •• R 0A •i• 1 • 1 1 cf' - ❑ �_' 1 RISA' r / • 1 • ��'1'` iIs •O' • Rio' R' •• v , r �•. "• •'�`; 31 ' � �1 •0 a PIA' /.../ • / / uA TaA . t .�.,.•: - " .' % 1 .. 7 i 0 - y : • / Ll / i t ' , / ' /• f1 ,:•:••+ t ;�!'•T �� I! `C '; Ia1S ' ' PROPOSED FFE 849,4 15& RI If TIP / 1', / , i Yi •1 • !I ® RIA IA' PSA' 37/S' ' 1 / ' ' / / T �, �"�'� — •� \ r fX / 1 1 V. _. 1 ,, �1 I j � _ —___ .._.. ♦ —. _ _ � � f -ra � t o !: COUNTY F E - •. CO a3�'�-3o` =a��'• i Wings Financial Request to Terminate Cement Pond/Fountain Easement and Dedication of New Trail Easement City Council Work Session July 25 , 2011 ° � .«: � . , . ��: � � . ¥ � \�\: «:\��\��l®�.�2 2 : � � . . z < ©»22� � \/� \\ � � ��\�� \ \ \ \ . . � ^»�� � :§ \�±�: ` w < » . . ���/< »e}� ��)?< +«� � �\y` � § 2 < \ . .�?%2 . w a: . _ ^\ � ©%/ \ «. »s« y . � �°« � � � °x?« »< � �°»© «® «§\;�?«\�'�\ƒ � � / . . � » 2? � y��� .:«« � . . < a. � Q d/d\�° �\\\ � , : w � � `� m/�� ° �} � } � � f \ � � ^ � � <� » . . : / : ? »4 . , . . , � } » >�� m« ° � � � � : \ � \ � /� &. . y \� � y � \ \ \ : § < � � � � \ �l \ << . /� !?2 m�yr«� � « . i d�: < � 2 2�{ . y �\��� . ! � . \� � � � \ ~%:/���� � �\ � \\ . . . r : < ! � � � . � ; � . { � � � � � \ � > � . \ , � • ! : , . £ , � . . \� p 2 � > \ � w. \ � >� � / . ° w w© 2 \ %. y { : ��> \ \ . � ` � � \ / : , \% «��r �\ / . � . �/ e> . . f }> \y. . : v: � ` . . �..= w.a2 , », » � � � . � ^ �� \\ � Background 1986 Ryan Companies develops the 5.9 acre site located at 6160 Summit Drive for a 111 ,755 sq. ft office building. The construction included a patio and the following improvements on the adjoining lot shown as a 2nd phase office development: Storm water pond with aesthetic treatment (bituminous trail, lighting, and benches) A cement pond with fountain. On November 30, 2000 an easement referenced as, "Encroachment and Maintenance of Cement Pond" was executed between ReliaStar Life Insurance Company, its successors and assigns (ReliaStar) and Brookdale Associates Limited Partnership, its successors and assigns (Brookdale). On December 15, 2000, ReliaStar sold their parcel to the EDA. On July 1 , 2003, Brookdale sold their parcel to the City County Federal Credit Union. In January of 2008, the EDA conveyed a portion of the ReliaStar parcel for the construction of the Embassy Suite Hotel and retained the southerly 2 acres. ppr Ll Lit LL� P W4 W oeot,-�k \ d el IL bow 17:77-- 4* r / _ / /,' , , ' , � ax.> / /. `,,°:. '.l{��`.z:;�-r'•�"a�•j,�' �as:oei'�- �".•^,' _.�a 1 ?�"l'�nj'F;: ' X71 , ', , / / /. , L% r - 'R' i.v �,,•'• c+y:`.'- - f .,✓• , '! , , , ' '•• -�,a...�+.' ,� .fir'.°-i',. t �.^:����-..��: , Lass• pp .:sr � I- ( n•.f;, ' ' ' ' / ' �� � of.: �.• ` � � .�..i. .r , / ii lt '/.M'p / �T/ / , Lam � / wr .^,.�i',% y.y, ...t+ r.•��"�' S I , 1II Lt� !� RD' Jam' ? vu ,iiP .°:._r �.!_•, •<- _ ., �.� `l•���ll.__-_��\,_—_,-- �•' a Vc4.: .O;'` _ �.•+!.. -•f_ N.T.�' 4+ ,,iy':• r \•� LAS/ ,fir �, LSA `� - '4 0 ® ® � ,� �''' 1 , PROPOSED FFE 449.4 '! vas �*' nc aaa• a /' �� ;�'•—�����—/ I �-� � � COUNTY F CONFEREI �f a3'1`t 30`='°��7'.C.•ee'F�cr:.c+�i-..w�vtr�QJ `�I � •-'— - — i/-, y .. .yy � ,�A1 ti '";. +-� '° � ,+eiS�• �l�w�•'6c Aid � ::. ,y Ilk- 5. ue" i•• III Y .E `l...b .�. t�fF.H 1.1., .M...R}:..s,v..M171. •.'3C,.S L'. !, . .. , 1111 Is k ,r w 7l+ ' r < r i� ;. r r � .pr +�SS'' 1 �a•+V ..4 x.S4j4 �` •.._f.`` Sol OF Cal w io �j___,,y.� � +y=�'� � tea" .,- i i 4°::�t4 a 4'l•`'- a€. � a ° r. .L. may. r r x . �;A w ' S 2 e= r 4 x o: fg 1 . Execution of a Demolition and Removal of Fountain Agreement between Wings Financial and the EDA, to include the following terms: (a) Wings Financial would remove physical improvements of fountain, fill hole to grade, and cover with seed. (b) This work would be completed within 90 days of execution of the agreement. (c) Wings Financial would pay 100% of the third party out-of-pocket costs incurred by it to perform the work. (d) Wings Financial would not be responsible for any costs to install, construct or maintain any fountain placed in the pond by the City or EDA. (e) Document drafted by Wings Financial and executed by EDA with staff approval (no additional City Council/EDA, approval needed). M - 2. Execution of Trail Easement between Wings Financial and the EDA. (a) Document template provided by EDA (standard City trail easement).Wings Financial to revise and tailor to fact specific situation. (b) Trail to be relocated around pond consistent with the depiction attached as Exhibit A. (c) Relocated bituminous trail constructed by the City. Note that a portion of the trail will utilize existing patio of building (no new trail) and will be existing concrete or other material rather than bituminous. (d) Other than grass seeding, no landscaping required for trail easement. (e) This work would be completed within 120 days of execution of the agreement. (f) Surveyor hired by City to legally describe trail for easement. (g) City would pay 100% of the third patty out-of-pocket costs incurred by it to perform the work, including construction, removal and surveying for the trail. (h) Trail maintained by City/EDA at its cost.This includes the costs of any lighting of the trail. (i) Executed by EDA with staff approval (no additional City Council/EDA approval needed). (j) Recorded by City with proof of recording provided to Wings Financial. �i'.�►'i•¢i r.►�'i++►fib a 1 �� �`'� r k �y Ri C Z . Vixen .y, ip y h ` .y 1 `� t~ � ..rr fir. � ��� y,�q1� f� r �•,�. --b 2P' Ly"' -. ,•+ti, +w 1"s. � .;, r J y •" .fir a ��' .�, � �,,.. �+...� - ''�'.} \ �• .'RFt'�.'F9�* �SW;��` "• h �i 'Y 1 ,� ":y.l r �J' ; .- t'tZ� �� 4t.., p4t0.•s �4`;i�s M �. ../ �Zl\ �[. � � �F'�s "� 'R � 'F�I'�y{.a�c � :i� 'K'1 r4 ^. 1q'.• 1 �� Y . - } Y��S A'�1�,. .i'_ +`. ba '� '? yr5•t+� 'oak. ,'�l •\}r �i'k'ir1�°'. :� w �(�: 4 �,Y a.. k�r a � A 2 a '� °• .' � r,�! �fit`•. v' ,�- ��¢-,a.• r •f • , �t r s ' ��'� � � �.trtP 4t'- . -t � r I, � � r ; F `iii'•' - s IT x %f F I e Ir will 0,it Or s z: POLICY ISSUES ❖ Does the City Council/EDA feel it has sufficient understanding of the 2000 ReliaStar-Brookdale Cement Pond/Fountain Easement/Agreement and the estimated repair costs of the cement pond fountain to proceed with the Termination of this agreement? ❖ Is the City Council/EDA willing to accept the responsibility of reconstructing and maintaining the trail around the pond? ❖ Is the City Council/EDA interested in considering the placement of a fountain within the pond and/or the pedestrian lighting of the trail? Work Session Agenda Item No. 2 MEMORANDUM - COUNCIL WORK SESSION DATE: July 21, 2011 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Work Session Item; Financial Commission Review of Utility Billing Recommendation: It is recommended that the City Council consider providing direction to staff regarding Background: The City Council referred an issue to the Financial Commission regarding utility bill collections. The Council wanted the Commission to examine utility bill collections with the ultimate goal of reducing the number and total dollar amount assessed against properties. That discussion will continue on Thursday, 21 July 2011 at the regular Financial Commission meeting for July. The results of that conversation will be relayed to the City Council at its regularly scheduled work session on Monday, 25 July 2011. Policy Issues: Council Goals: Background: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City I ission: Ensuring an attractive, clean, safe community that enhances llte qualitv of life caul preserves the public trust a MEMORANDUM - COUNCIL WORK SESSION DATE: 25 July 2011 TO: Curt Boganey, City Manager FROM: Daniel Jordet, Director of Fiscal & Support Services SUBJECT: Utility Billing and Assessment of Unpaid Acco s Recommendation: The memorandum is an update on the progress and discussions of the Financial Commission regarding the assessment of unpaid utility bills. The City Council asked the Financial Commission to review the collection of utility accounts in order to discover whether there is a way to reduce the number of accounts and amount of dollars of delinquent utility bills that must be assessed against property taxes Background: When the Financial Commission first discussed this issue at the behest of the City Council, the first suggestions was to discover what other cities do. A brief survey of comparison cities was conducted and discovered that these cities do almost exactly the same thing Brooklyn Center does. Bills are sent quarterly, a 10%penalty is charged for late payments, unpaid bills are assessed once per year to the property taxes of the parcel served and few, if any accounts are written off. Discussion on monthly billing of utilities produced the following points: • Good: a more regular billing in a smaller amount might generate more regular payments • Good: errors or changes in properties would be monitored more frequently • Less Good: cost of supplies would increase threefold • Less Good: staffing would have to increase to produce monthly readings • Less Good: staffing would have to increase for triple the bills to be produced,triple the payments to be processed, and triple the telephone calls to be handled each month Staff was not able to find a comparison city that billed monthly rather than quarterly in order to compare the rate of collections. What is the cost for collection outside the regular payment process? If unpaid accounts were to be referred to a collection agency the cost would be 30%to 50%of the bill collected, staff would still have to pursue the monitoring and updating of accounts, and collection rates would be lower than assessment collection rates. Other ideas discussed included: • Monthly payment plans • Flat rate payment plans • Credit card payments • ACH payments Mission:Ensuring an attractive,clean,safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • Early pay discounts • Increased late payment penalties • Increased fee for assessment of utility bills Since that first discussion, credit card payments and ACH payments have been implemented. There is no data yet as to the effectiveness of these measures in reducing the number of unpaid utility accounts assessed against properties. Additional discussion took place at the 21 July 2011 Financial Commission meeting. Points raised in that discussion included: • Would notification of consumer credit rating agencies have an impact on the situation? • Should utility bill assessments carry an interest charge when sent to the County? It could be any amount set by the City Council, including the rate adopted at the beginning of each year for street and roadway improvements. • Should the envelopes be clearly marked as utility bills to ensure that people do not treat them as junk mail? • Would the City save time and money by not sending the first assessment letter to delinquent accounts? Probably not. The first letter results in payment of a significant number of accounts and significant amounts of dollars. • Should the City write off any accounts? At present, practice is to write off accounts of less than $ 25.00 during the process of assessing unpaid utilities. Law would allow assessment of all accounts and amounts that are delinquent and unpaid. It would be more consistent to treat all customers the same way and assess anything left unpaid. Following the discussion it was agreed that the Director of Fiscal & Support Services would develop a response memorandum for the City Council and bring it back to the Commission for final approval. Policy Issues: Should delinquent, unpaid utility bills be assessed against property? Should any accounts be written off? If so, what are the criteria for that determination? Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City Mission:Ensuring an attractive,clean,safe comnuinity that enhances the quality of life andpreserves the public trust