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HomeMy WebLinkAbout2012 06-11 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION June 11, 2012 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 a. Inclusiveness and Diversity—Mayor Willson 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn i Curt Boganey "eom: Tim Willson .,ent: Monday, May 07,2012 5:37 PM To: Curt Boganey Subject: FW:Inclusiveness&Diversity Curt An item for our study session May 28th please from the Mayor -tw Mayor Tim Willson Brooklyn Center 763-569-3450 www.citVofbrooklyncenter.org/ Start by doing what's necessary, Then do what's possible, You'll discover you are doing, What you previously thought was Impossible. "Please consider your environmental responsibility before printing this e-mail" rrom: Steve Landis [landis.steve @gmail.comj Sent:Tuesday, May 01, 2012 7:57 PM To:Tim Willson Subject: Inclusiveness&Diversity Mayor Wilson, Golden Valley has now joined a growing list of cities in Minnesota, including Duluth,Saint Paul, Minneapolis,St. Louis Park, Edina,and Falcon Heights,which have joined to defeat the constitutional amendment which would limit the freedoms of Minnesotans and ban marriage for same-sex couples in Minnesota. Although I have discussed this matter with a number of City Council members, my feeling is they are ambivalent when it comes to a committed stance specific to this issue. At our recent joint meeting between City Council members and Advisory Commissions some effort was extended to point out proposed revisions to our city's Mission Statement, City Values Statement and Strategic Goals, each of which were aimed at inclusiveness and diversity. It is not enough to state what we believe by sending a symbolic message; we cannot simply"talk the talk". Mayor, I believe we must"walk the walk" and truly show we are a diverse and accepting community. If necessary I would be happy to address the City Council publicly in an effort to champion our entry into a growing list of bodies(both government and religious) which are coming out against this hateful, divisive and entirely unnecessary constitutional amendment. I will however be a bit bold by suggesting this might be something better left to you and the )uncil to drive internally in the absence of any need for public discussion. Very kindly yours, eve Landis k612 280-0622 land ls sieve @gmaii com<maiIto:[andis.steye@gmail.com> 2 i CITY COUNCIL MEETING City of Brooklyn Center June 11, 2012 AGENDA 1. Informal Open Forum with City Council—6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation—7 p.m. 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. May 29, 2012— Study Session 2. May 29, 2012—Regular Session 3. May 29, 2012—Work Session 4. June 4, 2012—Joint Work Session w/Financial Commission b. Licenses C. Application and Permit for Temporary On-Sale Liquor License Submitted by Our Lady of Fatima & St. Francis High Schools Alumni Association for an Event to be Held at MEC, 5801 John Martin Drive, on July 7, 2012 d. Resolution Authorizing Designation of Easements for Shingle Creek Regional Trail Realignment Project e. Resolution Providing a Nine Month Extension to the Time Period for the Submittal of the Evans Nordby Addition Final Plat CITY COUNCIL AGENDA -2- June 11,2012 f. Resolution Amending the Amphitheater Fundraising Task Force Membership Roster g. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees h. Resolution Declaring Earle Brown Days as a Civic Event from June 21, Through June 23, 2012 i. Resolution Appointing Election Judges j. Resolution Authorizing the Exchange of One Personal Floating Holiday for the Monday Preceding the 2012 Christmas Day Holiday for City Employees k. Resolution Declaring the City of Brooklyn Center's Participation in the State Performance Measurement System for 2012 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Dan Starling for His Dedicated Public Service on the Park and Recreation Commission Requested Council Action: —Motion to adopt resolution. b. Resolution Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2012 Earle Brown Days Parade, the 2012 Youth Golf Leagues, and the Community Gardens Program Requested Council Action: —Motion to adopt resolution. C. Resolution Expressing Appreciation for the Donation of the Medtronic Foundation in Support of the 2012 Earle Brown Days Fireworks Requested Council Action: —Motion to adopt resolution. d. Proclamation Declaring June 21, 2012, to be Dale Greenwald Day Requested Council Action: —Motion to adopt proclamation. 8. Public Hearings None. 9. Planning Commission Items None. t CITY COUNCIL AGENDA -3- June 11, 2012 10. Council Consideration Items a. Resolution Adopting Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2011 Requested Council Action: —Motion to adopt resolution. b. Charter Commission Recommendation Regarding Amendment to City Charter Chapter 9 Relating to Eminent Domain 1. An Ordinance Amending Chapter 9 of the Brooklyn Center City Charter Regarding Eminent Domain —This item was first read on March 12, 2012; published in'the official newspaper on April 12, 2012; and the Public Hearing was held on May 14, 2012, and was tabled to tonight's meeting. Requested Council Action: —Motion to take action on ordinance. 11. Council Report 12. Adjournment 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 MAY 29, 2012 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, Lin Myszkowski, and Dan Ryan. Also present were Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Finance Director Daniel Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Fire Chief Lee Gatlin, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Myszkowski requested discussion on Item 6j, Approval/Adoption of Recommendation of Use of Centennial Park West for Community Garden, and asked, assuming it is approved tonight,when people will be able to get into the garden plots. Mayor Willson indicated he will be pulling Item 6c, Application and Permit for Temporary On- Sale Liquor License submitted by Our Lady of Fatima & St. Francis High Schools Alumni Association for an Event to be held at MEC, 5801 John Martin Drive, on July 7, 2012; Item 6h, Resolution Amending the 2012 Internal Service Fund Budget; and, Item 6j, Approval/Adoption of Recommendation of Use of Centennial Park West for Community Garden, from the Consent Agenda for discussion. Councilmember Ryan requested discussion on Item 9, Planning Commission Items, and asked why a Public Hearing is not scheduled for tonight. City Attorney Charlie LeFevere advised the Public Hearing was scheduled for and held at the Planning Commission meeting. MISCELLANEOUS COMMUNICATION AND LIAISON WITH CHARTER COMMISSION—MAYOR WILLSON Mr. LeFevere indicated he has been asked to attend the next Charter Commission meeting when a discussion will be held on eminent domain and a proposal to adopt a ward system. 05/29/12 -1- DRAFT Mayor Willson noted the Charter Commission has presented no proposal before the City Council relating to a ward system. Mr. LeFevere explained it is on the Charter Commission's next meeting agenda. He asked whether the City Council is interested in encouraging earlier dialogue and discussion with the Charter Commission, which is a separate political body appointed by the court and created by State Statute. Mr. LeFevere noted it is recognized the Charter can be amended most efficiently and effectively if both parties (Charter Commission and City Council) agree with the amendment and it is approved by ordinance. However, dialogue is needed between the Charter Commission and City Council for that to occur. He stated City Councilmembers can attend Charter Commission meetings or appoint a liaison to report on its considerations, or it can invite discussion prior to formal presentation of a Charter amendment. Mayor Willson read the rules of the Charter Commission for consideration of comment during its meetings. The City Council discussed its respect for the Charter Commission and the Commission's role to work in what it believes is the best interests of Brooklyn Center residents. Support was expressed for Mr. LeFevere to meet with the Charter Commission to present the option of holding informal discussion prior to malting formal presentation before the City Council. It was noted this would provide additional time to reach compromise or tweak,the amendment language prior to starting the "clock" for scheduling a Public Hearing, making a determination, and/or placement on the ballot. The consensus of the City Council was to support opening early dialogue with the Charter Commission on proposed Charter amendments. The City Council discussed the Charter Commission's proposed amendment relating to eminent domain and offer to extend the 60-day time restriction to 90 days. Mayor Willson noted that time extension had not yet been presented formally to the City Council. Mr. LeFevere concurred and stated the City Council had already indicated that going from 60 to 90 days did not have much effect on its concern that the City could not abandon the process unless all interested parties were willing. He explained the Charter Commission's concern was in having residents go through condemnation and that the City Council should make up its mind earlier in the process and not change its mind after the process had started. Mr. LeFevere noted that most takings are under the quick tape process, but there is still authority in the law to acquire contaminated property under eminent domain. It is thought the biggest risk in the eminent domain process is finding contamination after 90 days and the developer then backing out, but the City is required to continue the process and purchase a property it no longer wanted. In most cases where eminent domain would be considered, it would be vacant, blighted, or commercial property not involving a private residential property owner. Mr. LeFevere stated he will bring up these issues to the Charter Commission for further discussion. The City Council indicated it would welcome that discussion and noted another concern is 05/29/12 -2- DRAFT imposing administrative standards into the City's Charter since State law already addresses protection of property owners. Mr. LeFevere asked the City Council if it was willing to consider a Charter amendment relating to eminent domain that was more limited in scope and allowed the City to withdraw from an action under certain circumstances. This would create a "middle ground" to protect the landowner and still address the City Council's concern to be able to abandon the process under certain circumstances and protect the City's resources. The City Council discussed this option and consensus was reached to have Mr. LeFevere present a "hybrid option" that would protect both property,owners and the City. It was noted the City Council had two weeks to act on the proposed eminent domain Charter amendment. The City Council next discussed the potential consideration by the Charter Commission of a ward system. Mr. LeFevere advised of several metropolitan cities that have a ward system, noting they are usually larger in size than Brooklyn Center. He indicated there are pros and cons to a ward system so it is important to hold a full dialogue. Mr. LeFevere raised another option to blend an at-large and ward system by having several at-large Councilmembers in addition to several wards. The City Council concurred that a key component for a ward system is the size of the city,noting the at-large system has worked well in Brooklyn Center because of its small size. It was agreed that additional dialogue was needed and both sides (pros and cons) thoroughly presented to assure an informed decision is made. The consensus of the City Council was to ask Mr. LeFevere to present the Charter Commission with potential consequences, unintended and intended, that might come forth under a ward system. ADJOURNMENT Councilmember Lasman moved and Councilmember Kleven seconded to close the Study Session at 6:41 p.m. Motion passed unanimously. DRAFT 05/29/12 -3- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 29, 2012 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 6:48 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, Dan Ryan. Also present were Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Finance Director Daniel Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Fire Chief Lee Gatlin, 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. Randy Christensen, 7001 Regent Avenue N.; Ray Christensen, 6803 Toledo Avenue N.; and Arvid Sorenson, 6901 Toledo Avenue N., indicated they would like to address the Maranatha application since a Public Hearing was not scheduled tonight. Mayor Willson explained the Maranatha application is an agenda item; however, the request to provide input can be considered by the City Council when that item is under discussion. Mr. LeFevere advised the matter before the City Council is to consider first reading of the ordinance and after published, a Public Hearing will be held on June 25, 2012, prior to adoption. At that meeting, both the rezoning ordinance and development plan will be considered. It was noted the Public Hearing on the Comprehensive Plan amendment was held by the Planning Commission. Mayor Willson restated the Open Forum is to address the Council on items not on tonight's Y p g agenda. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:58 p.m. 05/29/12 -1- DRAFT i I Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Myszkowski requested a moment of silence and personal reflection of those who fought and died so we can live in freedom. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Finance Director Daniel Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Fire Chief Lee Gatlin, 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 Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6c, Application and Permit for Temporary On- Sale Liquor License submitted by Our Lady of Fatima & St. Francis High Schools Alumni Association for an Event to be held at MEC, 5801 John Martin Drive, on July 7, 2012, for consideration as Item 10c; to remove Item 6h, Resolution Amending the 2012 Internal Service Fund Budget, for consideration as Item 10d; and, to remove Item 6j, Approval/Adoption of Recommendation of Use of Centennial Park West for Community Garden, for consideration as Item 10e, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 7, 2012—Continued Board of Appeal and Equalization 2. May 14, 2012—Study Session 3. May 14, 2012—Regular Session 4. May 14, 2012—Work Session 6b. LICENSES AMUSEMENT DEVICES 05/29/12 -2- DRAFT i { American Amusement Arcades 2590 Freeway Boulevard 6440 James Circle North 5937 Summit Drive Metro Coin of Minnesota, Inc. 6301 Shingle Creek Parkway MECHANICAL Alta Heating &Plumbing 19260 Mushtown Road, Prior Lake Modern Heating &Air 2318 First Street NE, Minneapolis RENTAL INITIAL (TYPE II—two-year license) 7250 West River Road Jean Borgen 6813 Humboldt Avenue N. B 101 Raymond Charest 2907 O'Henry Road Sarah Vogt 6807 Quail Avenue N. Paul Pham 4501 Winchester Lane Sandeep Dani RENEWAL (TYPE I—three-year license) 6915 Humboldt Avenue N. Hillaway Investments LLC 6700 Orchard Lane N. Marvin Garden Townhomes Passed w/Weather Deferral Redevco Marvin Garden LTD 5639 Humboldt Avenue N. Matthew Resong SIGNHANGER Install This 4835 Lyndale Avenue N, Minneapolis Lawrence Sign 945 Pierce Butler Route, St. Paul Leroy Signs 6325 Welcome Ave. N. Brooklyn Park Nordquist Sign 945 Pierce Butler Route, St. Paul Taurus Sign 179002 801h Street, Shafer 6c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY OUR LADY OF FATIMA & ST. FRANCIS HIGH SCHOOLS ALUMNI ASSOCIATION FOR AN EVENT TO BE HELD AT MEC, 5801 JOHN MARTIN DRIVE, ON JULY 7, 2012 This item was considered as Item 10c. 6d. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY THE CHURCH OF ST. ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD JULY 21- 22,2012 6e. RESOLUTION NO. 2012-69 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 05/29/12 -3- DRAFT i 6f. RESOLUTION NO. 2012-70 ADOPTING A POLICY ON WRITE OFF OF UTILITY AMOUNTS OWED UPON DISMISSAL OR DISCHARGE OF BANKRUPTCY 6g. RESOLUTION NO. 2012-71 AUTHORIZING THE CITY MANAGER TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS 6h. RESOLUTION AMENDING 2012 INTERNAL SERVICE FUND BUDGET This item was considered as Item 10d. 6i. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR 6701 BROOKLYN BOULEVARD (LUTHER AUTO) 6j. APPROVAL/ADOPTION OF RECOMMENDATION OF USE OF CENTENNIAL PARK WEST FOR COMMUNITY GARDEN This item was considered as Item 10e. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 8. PUBLIC HEARINGS —None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-004 SUBMITTED BY THE CITY OF BROOKLYN CENTER Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-004 submitted by the City of Brooklyn Center for an amendment to the 2030 Comprehensive Plan by changing a "PS-Public and Semi-Public" and "MF-Multi-Family (High Density)" land use designation to "MF-Mixed Enhanced (Multi-Family Mixed High Density Residential with Enhanced Setbacks)" for the property located at 5401-5415 69th Avenue North (Maranatha Homes Care Center property). Mr. Benetti advised the Planning Commission recommended approval of the application at its May 17, 2012, meeting and described requested action before the City Council. Mr. Benetti answered questions of the City Council regarding Presbyterian Home's support to include language in the PUD agreement requiring this property to remain senior housing. It was noted that in the future, should the property owner decide to go to market rate or affordable housing multi-family, it would require a PUD amendment and new Public Hearing. 05/29/12 -4- DRAFT i Mayor Willson noted that during Open Forum, comments had been made toward this agenda item. He asked the City Council if it would support opening public comment to hear from those citizens. Mr. LeFevere advised that State law requires only one Public Hearing for Comprehensive Plan amendments or rezoning so, to not create confusion and since published notice has not occurred, the consideration before the City Council is whether to open the floor for public comment Councilmember Lasman moved and Councilmember Ryan seconded to open the floor for public comment. Motion passed unanimously. Randy Christensen, 7001 Regent Avenue N., stated he found this process to be confusing. He indicated that while he supports enhanced multi-family to create a larger setback to single-family homes, the applicant can still request a change to the PUD agreement and it is difficult for residents to go through this process again and again. Mr. Christensen stated his concerns include the impact of a four-story building, loss of sunlight, and asked the City Council to uphold past promises to assure a larger setback so it does not impact residents. It was noted the proposal has been revised and the scale of the building reduced. Mr. Christensen indicated the original proposal was for a 38-unit, 4-story building with underground parking. The proposal is now for a 2.5-story building with underground parking but the roof is still peaked so it will be 50 feet in height, taller than the first phase of apartments in Brooklyn Park. He again stated he liked the enhanced setback but felt it was still difficult to see any positives for this little neighborhood if this project is constructed 100 feet from their back yard. In addition, the parking ramp now points towards residential homes. Mr. Benetti explained the parking ramp component will be addressed as part of the rezoning consideration, not the land use amendment. Councilmember Ryan stated he appreciates the fact this is a complex process dictated by law and he wanted the opportunity for residents to express their opinion. He indicated other issues raised will be addressed in presentations by staff. Arvid Sorenson, 6901 Toledo Avenue N., stated he can see the parking lot of Maranatha from his front door. He pointed out that residents knew when they bought their property that this property was zoned R1 and R6. It was not zoned PUD-MIXED R5/R6. However, now an applicant is asking for a Comprehensive Plan change because it impedes their development. Mr. Sorenson stated his belief that R1 property will lose value if adjacent to a PUD MIXED R5/R6 zoning district. He reiterated that when he bought his property, it was next to R1 zoned property and the western side was a golf course and is now twin homes. The property north, east, and south was R1 and he wanted it to stay Rl. 05/29/12 -5- DRAFT Mr. Christensen submitted a letter from his father, Ray Christensen of 6803 Toledo Avenue N., a 47-year resident, detailing his concerns and objections to the proposed project. Councilmember Lasman moved and Councilmember Ryan seconded to close the floor for public comment. Motion passed unanimously. Councilmember Ryan asked Mr. LeFevere to address resident's comments that the process is confusing. Mr. LeFevere advised that ordinances require two readings prior to adoption. In this case, it accomplishes getting all of the information because second reading and the development plan will be considered at the same meeting. He indicated State law requires a Public Hearing on Comprehensive Plan amendments, which was noticed and held by the Planning Commission. At that meeting, the public had an opportunity to comment as well as the opportunity to comment tonight. The Comprehensive Plan is the general framework for City development and effectuated through adoption of ordinances and controls. A PUD is specific to a plan, not a category of uses, and can be very restrictive. In most cases, Brooklyn Center has locked in the land uses, building layout, front elevation, and landscape plan beyond what normal zoning could accomplish. The Planning Commission, at the same time, will consider the development plan that must be approved or the PUD will not move forward. Mr. LeFevere recapped that the Planning Commission held the Public Hearing on the Comprehensive Plan amendment and the City Council will hold a Public Hearing on the rezoning along with consideration of the development agreement. Mr. Benetti noted this land use amendment includes a condition so if the Council does not accept the rezoning, the land use goes away as well. In addition, the Metropolitan Council will review the Comprehensive Plan amendment. Typically when adding more housing into land use elements, the Metropolitan Council looks at it favorably. Mr. LeFevere advised the Metropolitan Council looks at the extent to which this proposed amendment is consistent with its system plans to assure there is no conflict. The Council acknowledged it has very strict and specific requirements to consider for this type of change. It was noted there is a strong need for senior housing and care centers to be expanded and redeveloped, as identified by the Metropolitan Council, so this type of proposal would address a broad public purpose that is evident. 1. RESOLUTION NO. 2012-72 GRANTING PRELIMINARY APPROVAL OF A PROPOSED LAND USE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM "PS-PUBLIC AND SEMI-PUBLIC" AND "MF-MULTI-FAMILY (HIGH DENSITY)" LAND USE DESIGNATION TO "MF-MIXED ENHANCED (MULTI-FAMILY MIXED HIGH DENSITY RESIDENTIAL WITH ENHANCED SETBACKS)" DESIGNATION, RELATIVE TO LAND GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY, ADDRESSED AS 5401- 05/29/12 -6- DRAFT I 9TH 5415 6AVENUE, NORTH AND AUTHORIZING THE FORMAL SUBMITTAL OF SAID AMENDMENT TO THE METROPOLITAN COUNCIL (MARANATHA CARE CENTER PROPERTIES — 5401-5415 69TH AVENUE NORTH) Councilmember Lasman moved and Councilmember Ryan seconded to adopt Resolution No. 2012-72 Granting Preliminary Approval of a Proposed Land Use Amendment to the 2030 Comprehensive Plan from "PS-Public and Semi-Public" and "MF-Multi-Family Residence" to a new "MF-Mixed Enhanced (Multi-Family Mixed High Density Residential with Enhanced 1 Setbacks)" Designation, Relative to Land Generally Located in the Northwest Quadrant of the City, addressed as 5401-5415 691h Avenue North and Authorizing the Formal Submittal of Said Amendment to the Metropolitan Council, Councilmember Myszkowski stated she will support this first step; however, has some difficulty with this application. She asked whether the peaked roofs are functional or decorative. Mr. Benetti explained peaked roofs usually serve purposes (function and decorative element). Councilmember Myszkowski asked about effect of sun exposure into properties. Mr. Benetti stated it will vary throughout the year and be addressed during the rezoning element. He stated it is hoped that the enhanced setbacks will increase sunlight throughout the day. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2012-003 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME, INC. Planning and Zoning Specialist Tim Benetti provided an overview of Plannin g Commission Application No. 2012-003 submitted by Maranatha Conservative Baptist Home, Inc. for rezoning of property located at 5401-5415 691h Avenue North, from R1 (One Family Residence) and R6 (Multiple Family Residence) to New PUD-MIXED R5/R6 (Planned Unit Development-Mixed Multiple Family Residence). Mr. Benetti advised the Planning Commission recommended approval of the application at its May 17, 2012, meeting and described the action items before the City Council at tonight's meeting. As to the comment that the process is difficult because things keep changing, Mr. Benetti confirmed it was a result of adjusting plans to address resident's and staff's comments. He noted that buffers and landscaping were added that were not required and staff had warned Presbyterian Homes that it will be a difficult process should they want to make any changes in the future. The City Council expressed its appreciation to Maranatha Conservative Baptist Home for being responsive to resident's concerns by revising its building design from 4.5 stories to 2.5 stories. L RESOLUTION NO. 2012-73 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012-003 — SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST CARE, INC. FOR THE REZONING OF LAND LOCATED AT 5401-5416 — 69TH 05/29/12 -7- DRAFT AVENUE NORTH FROM RI (ONE FAMILY RESIDENCE) AND R6 (MULTIPLE FAMILY RESIDENCE) TO A NEW PUD-MIXED R5/R6 (PLANNED UNIT DEVELOPMENT — MIXED MULTIPLE FAMILY RESIDENCE) Councilmember Kleven moved and Councilmember Lasman seconded to adopt Resolution No. 2012-73 Regarding the Recommended Disposition of Planning Application No. 2012-003 Submitted by Maranatha Conservative Baptist Care, Inc. to Rezone Property Located at 5401- 5415 — 691h Avenue North from RI (One Family Residence) and R6 (Multiple Family Residence) to a new PUD-MIXED R5/R6 (Planned Unit Development—Mixed Multiple Family Residence) District. Motion passed unanimously. 2. ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY,AT 5401-5415 69'AVENUE NORTH Mr. Benetti introduced the ordinance and explained the purpose of the draft ordinance, noting the second and official Public Hearing would be scheduled for June 25, 2012. Councilmember Lasman moved and Councilmember Kleven seconded to approve first reading of an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Quadrant Section of the City of Brooklyn Center, Located at 5401 and 5415-69th Avenue North and set second reading and Public Hearing for June 25, 2012. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5812 CAMDEN AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vicki Schleuning advised that 5812 Camden Avenue North was inspected and nine property code violations were cited and ultimately corrected. There has been one validated police incident/nuisance call within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Lasman seconded to open the hearing. 05/29/12 -8- DRAFT Motion passed unanimously. No one appeared to address the Council. Councilmember Kleven moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5812 Camden Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5049 EWING AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vicki Schleuning advised that 5049 Ewing Avenue North was inspected and 13 property code violations were cited and ultimately corrected. Because it is a new license, validated police incidents/nuisance calls do not apply. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one appeared to add the Council. Councilmember Lasman moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5049 Ewing Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 05/29/12 -9- DRAFT i 10c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY OUR LADY OF FATIMA & ST. FRANCIS HIGH SCHOOLS ALUMNI ASSOCIATION FOR AN EVENT TO BE HELD AT MEC, 5801 JOHN MARTIN DRIVE, ON JULY 7,2012 Mayor Willson noted this application is incomplete since it does not include information related to liability insurance. Ms. Schleuning concurred that information is typically obtained by the City Clerk prior to placing on the City Council agenda. She indicated this item could be tabled to the next meeting to obtain that information. Mayor Willson moved and Councilmember Ryan seconded to table consideration of application and permit for temporary On-Sale Liquor License submitted by Our Lady of Fatima and St. Francis High Schools Alumni Association for an Event to be held at MEC, 5801 John Martin Drive, on July 7, 2012, to the June 11, 2012, City Council meeting. Motion passed unanimously. 10d. RESOLUTION NO. 2012-74 AMENDING 2012 INTERNAL SERVICE FUND BUDGET The City Council commended staff for bringing forward recommendations that resulted in cost savings, more utility from the equipment, and lower operating/maintenance costs. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt Resolution No. 2012-74 Amending 2012 Internal Service Fund Budget. Motion passed unanimously. 10e. APPROVAL/ADOPTION OF RECOMMENDATION OF USE OF CENTENNIAL PARK WEST FOR COMMUNITY GARDEN The City Council asked staff to address comments received relating to standing water in Central Park and perimeter fencing. Director of Business and Development Gary Eitel introduced the item and reviewed previous Council consideration to locate garden plots on park land and preference to first consider Centennial Park West. He indicated the garden plot fencing would match the Earle Brown Heritage Center board fence with chicken wire inside. A neighborhood meeting was held on May 22, 2012, and the Park and Recreation Commission and Housing Commission recommend proceeding with the West Centennial Park with 18 garden plots. They also made recommendation to rescind the motion on the Happy Hollow Park site and to continue monitoring park usage of that site. Mr. Eitel presented slides depicting West Central Park and described the standing water conditions as a result of four inches of rain received May 23, 2012. He noted areas of wet soils and that the garden plot site remained dry. 05/29/12 -10- DRAFT i Mayor Willson asked if plant roots in the garden plot would be too wet. Mr. Eitel explained it is surface water, not creek or ground water, and the garden plot area can be moved to the east and south. He described the corrective action taken to address flooding and species of plantings that can be grown throughout the summer season. The City Council discussed the park condition and areas of standing water, noting it may be possible to fill some areas of depression where water is ponding. Mr. Eitel stated he met with the Director of Public Works and City Manager to discuss options and assure it does not increase flood hazard to other locations. He explained that since this is within the 100-year flood plain, only 400 square feet can be filled. Councilmember Lasman moved and Councilmember Kleven seconded to approve/adopt recommendation by the Park and Recreation Commission and Housing Commission for the use of Centennial Park West for the 2012 Community Garden Program. The Council thanked the Chairs of the Park and Recreation Commission and Housing Commission, volunteer Commissioners, and staff for their work towards this effort. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: • May 15, 2012,Parks Tour • May 16, 2012, Crime Prevention Meeting • May 17, 2012,Neighborhood Meeting at Evergreen Park • May 18, 2012, Crime Prevention Golf Tournament • May 22, 2012, Central Park Community Gardens Neighborhood Meeting • May 28, 2012, Mound Cemetery Sesquicentennial Day Event Councilmember Lasman announced the upcoming Dudley Classic Softball Tournament on June 15-16, 2012, Councilmember Ryan reported on his attendance at the following:. • May 17, 2012,Neighborhood Meeting at Evergreen Park • May 22, 2012, Joint Meeting with the Park and Recreation Commission and Housing Commission on development of community gardens at Centennial Park Councilmember Ryan announced the June 15-16, 2012, Dudley Classic Softball Tournament and that the City will be recognized at the June 21, 2012, League of Minnesota Cities Conference for its innovative performance-based rental license program. Councilmember Kleven reported on her attendance at the following: • May 15, 2012, Joint Meeting with Park and Recreation Commission and Housing Commission regarding Community Gardens at Centennial Park 05/29/12 -11- DRAFT • May 17, 2012, Evergreen Park Neighborhood Meeting • May 17, 2012, Planning Commission Meeting • May 22, 2012, Meeting in Centennial Park to discuss Community Gardens • May 28, 2012, Memorial Day Program at Mound Cemetery Councilmember Kleven announced the Brooklyns Youth Council was awarded a $20,000 grant for staff support, training, and materials. She also reminded those interested in office that filings close on June 5, 2012, for City Council. Councilmember Kleven announced that Brooklyn Center will receive the League of Minnesota Cities' City of Excellence Award for its performance-based rental licensing program. She thanked City staff and Assistant City Manager/Director of Building and Community Standards Vicki Schleuning for their work on this program and bringing it to fruition. Councilmember Myszkowski reported on her attendance at the following: • May 15, 2012, Earle Brown Days Board of Director's Meeting • May 15, 2012, Joint Park and Recreation Commission and Housing Commission meeting to discuss Community Gardens • May 17, 2012, Evergreen Park Neighbor Meeting • May 22, 2012, Community Garden Neighborhood Meeting • May 24, 2012, Meeting with Leaders of the Kenyon Community • May 28, 2012, Memorial Day Program at Mound Cemetery Councilmember Myszkowski announced the upcoming Earle Brown Days Festival events: Parade on June 21, 2012; Golf Tournament on June 22, 2012; and additional family events on June 23, 2012. Mayor Willson reported on his attendance at the following: • May 17, 2012, Northwest Cable Board Joint Meeting to recognize Brooklyn Center resident Dr. Om for 30 years of service • May 17, 2012, Neighborhood Meeting in Evergreen Park • May 22, 2012, Dangerous Dog Hearing • May 28, 2012, Sesquentennial Event at Mound Cemetery 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:45 p.m. Motion passed unanimously. 05/29/12 -12- DRAFT i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION MAY 29, 2012 CITY HALL—COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 8:53 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were Assistant City Manager/Director of Building & Community Standards Vickie Schleuning, Finance Director Daniel Jordet, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. MISCELLANEOUS I INCLUSIVENESS AND DIVERSITY—MAYOR/PRESIDENT WILLSON Mayor/President Willson indicated this item was scheduled for but not addressed at tonight's Study Session. He introduced the topic and explained that a constitutional marriage amendment has been proposed by the Legislature. He noted a constituent has raised the issue that if the City is going to continue to celebrate diversity and inclusiveness, it should consider going on record as opposing the marriage amendment to the State of Minnesota Constitution. Mayor/President Willson stated he thinks what is more paramount is the fact that it is being considered to put this legislation into the Constitution, a document used more for how the State is organized and operates. Councilmember/Commissioner Kleven stated she was not approached by a constituent about this nor was she ambivalent on this issue. She stated that while she loved them dearly and supports civil rights, if it came to a vote she would follow her religious beliefs, which is against same-sex marriage. Councilmember/Commissioner Ryan noted the City Council/EDA has put forward resolutions in the past on items not strictly subject to its jurisdiction that state the will for the City Council/EDA or position on an issue. He also asked why this should be a constitutional amendment since there are specifics in State law that do not allow same-sex marriage. Councilmember/Commissioner Ryan stated he thinks the real issue ought to be how can the State protect the civil rights of all people. He indicated that while he would oppose a State 05/29/12 -1- DRAFT i constitutional amendment, out of respect for people with religious objections to allowing same- sex marriage, he would favor changing Statute to allow for domestic partnerships. This option would allow authority and privileges marriage partnership enjoy when a spouse is disabled, during life threatening or termination of life issues, which is currently denied to individuals in committed same-sex relationships. Councilmember/Commissioner Myszkowski stated she is perplexed by how it is okay for a majority to deny a right others have enjoyed. She stated if the City is truly inclusive, that means for everybody including respect for all who abide by religious teachings that are not comfortable with same-sex marriage. Councilmember/Commissioner Myszkowski stated she grew up in a j conservative religious family but found that too many friends have had to go to other states to marry. She stated she stands opposed to this amendment, noting these constituents have been assets to their communities. Mayor/President Willson stated he believed the State should not legislate what people do in the privacy of their homes or choose as a life style. Mayor/President Willson stated he would lobby hard for the City to go on record to oppose a referendum for adding same-sex marriage to the Constitution on grounds of excluding part of our population from the Constitution and because the Constitution is not the proper place for such an amendment. Councilmember/Commissioner Lasman noted the City Council/EDA has taken stands on items it does not legislate and philosophically weighed in; however, those issues pertained to the well being of all our citizens. In this case, the issue involves a personal choice and there are residents on opposite ends and in between. Councilmember/Commissioner Lasman noted that while all have feelings on this issue, she is not sure a representative body of local government should draft legislation on this sensitive item. The City Council/EDA continued its discussion of the proposed marriage amendment to the State's Constitution and noted it has already legislated the fact that Brooklyn Center is a diverse community, striving to be inclusive and include all residents. It was agreed that all couples should have the same rights for filing of taxes and business-like benefits as a traditional married couple. The consensus of the City Council/EDA was to continue consideration to the June 11, 2012, Study Session. COUNCIL SALARIES—FINANCIAL COMMISSION Mayor/President Willson advised that a sitting City Council cannot decide its own salaries while serving in office, but during an election year the City Council can consider a recommendation of the Financial Commission relating to salaries. He presented the consideration of the Financial Commission and its unanimous recommendation that salaries for the Mayor/President and City Council increase 3.0% for 2013 and 3.0% for 2014. Councilmembers/Commissioners Lasman, Ryan, and Kleven, as well as Mayor/President Willson spoke in support of the recommendation, noting the City Council's/EDA's salary has 05/29/12 -2- DRAFT I been at the same level for four years, which was justifiable due to the downturn in the economy and requests that staff not take a salary increase. However, it is now appropriate to consider a modest increase since the economy is showing an upturn. It was noted the City has a$16 million budget and the recommended increase would result in a total difference of$2,763. Councilmember/Commissioner Myszkowski agreed the City can afford to give this raise; however, she was reluctant to support the recommendation in consideration of the City's many residents who are unemployed or under employed. The City Council/EDA discussed its commitment to serve the City and the number of meetings/ events members attend on the City's behalf,the costs of which continually increase. Councilmember/Commissioner Myszkowski stated she will support the recommendation with the thought she has the option to donate the increase, if desired. The consensus of the City Council/EDA was to accept the Financial Commission's recommendation relating to a 3.0% increase in Mayor/President and City Council salaries for 2013 and 2014. FIREHOUSE PARK Director of Community Activities, Recreation and Services Jim Glasoe introduced the item and reviewed the history of incidents at Firehouse Park and removal of basketball hoops as a result of multiple incidents. He reviewed the Council's past consideration and determination to reinstall one basketball hoop and direction for staff to continue to monitor activity at the Park. In 2010, the City Council/EDA revisited the issue and asked the Park and Recreation Commission to look at possible relocation of the court to other areas of the park and/or the Brooklyn Center High School property. However, it would cost$8,000 to $12,000 to relocate the court, so the Park and Recreation Commission asked staff to obtain quotes to install a camera on the East Fire Station to allow monitoring of the Park. Mr. Glasoe reported Police Chief Benner is a proponent of cameras but cautioned there would not be someone available to monitor this camera on a regular basis so it would be more of an after-the-fact monitoring. In addition, Police Chief Benner cited other higher priority locations to monitor than Firehouse Park. Mr. Glasoe advised of the number of service calls per month relating to Firehouse Park and indicated staff does not feel current activities or calls for service justify moving the basketball court. Staff recommended continued monitoring of activity and requested City Council/EDA input. The City Council/EDA discussed whether the basketball court should remain a half-court or be expanded to a full court. Mayor/President Willson spoke in support of expanding to a full basketball court because he believed the problem identified early on had been addressed on a permanent basis by the Police Department increasing patrols and park patrols. He noted it is a detriment to individuals who enjoy basketball to not have a full court. 05/29/12 -3- DRAFT With regard to the number of calls for service for Firehouse Park, Mr. Glasoe advised the crime analyst indicated whereas the average may be lower at other parks, this number is consistent with destination parks. He also advised that nuisance activity such as tipping over benches or garbage cans is not unique to this park. Councilmember/Commissioner Lasman stated that while she understands it is more fun to have a full court, it brings in larger and older crowds to play basketball and results in nuisance issues. Therefore, she supported retaining the half basketball court. Councilmember/Commissioner Ryan voiced support to retain the half basketball court and continue patrols, which were found to reduce calls for service. He asked about the option of relocating the basketball court to Brooklyn Center High School's detached athletic facility. Mr. Glasoe explained an outdoor basketball court was inserted into the plan as a placeholder to allow for potential relocation from Firehouse Park but there was no intent by the School District to construct that court at the current time. Councilmember/Commissioner Kleven supported retaining the half basketball court and asked if the camera can be used to revisit the scene should a serious incident occur. Mr. Glasoe responded the camera would be tied into the central system so the activity could be recalled for a period of time, about 30 days. Councilmember/Commissioner Myszkowski asked if there are similar incidents at parks with full basketball courts. Mr. Glasoe answered in the affirmative, noting it is oftentimes cyclical and also involves baseball fields and football fields. Councilmember/Commissioner Myszkowski asked if a larger court would draw a different element. Mr. Glasoe indicated a full court heightens the level of competition. Councilmember/ Commissioner Myszkowski stated support to retain the half basketball court. Arvid Sorenson, Park and Recreation Commission Chair, explained the Commission had made the recommendation for a camera to open the basketball court to full size. He noted the cost to relocate the court is $10,000 and the cost for a camera is $5,000. Mr. Sorensen noted the Willow Lane court is a single hoop and directly adjacent to a house but at Firehouse Park the basketball court is about 35 feet from the residential property. It was the goal of the Park and Recreation Commission to reopen the full basketball court. Councilmember/Commissioner Lasman stated she understands this desire and respects the work of the Park and Recreation Commission; however, it is not just an issue with distance from residences but problems with noise, drinking, garbage, and nuisance from large numbers of adults coming to play and that activity spilling out to other areas of the park. She noted children are happy with a half court and that is who she wants to assure is served by the parks. Mayor/President Willson stated he does not think it is the full court that is the problem but the people using it and enforcement issue. 05/29/12 -4- DRAFT The majority consensus of the City Council/EDA was to not expand the half basketball court and direct staff to continue patrol/monitoring activity at Firehouse Park. The City Council/EDA discussed the feasibility of installing a camera and consensus was reached that the price could not be justified given the fact it would not be monitored, the Police Station is at a distance, and even on zoom, the camera would provide only a broad image. ADJOURNMENT Councilmember/Commissioner Lasman moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:01 P.M. Motion passed unanimously. 05/29/12 -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 JOINT WORK SESSION WITH FINANCIAL COMMISSION JUNE 4, 2012 CITY HALL- COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:30 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present: City Manager Curt Boganey, Finance Director Dan Jordet, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Steve Landis, Rex Newman, and Dean Van Der Werf. Financial Commissioners Teneshia Plunket arrived at 6:34 p.m.and Dan Schueller arrived at 6:37 p.m. A motion by Councilmember Lasman,seconded by Councilmember Ryan to approve this evening's agenda. Motion passed unanimously. AUDITOR REPORT AND MANAGEMENT LETTER James Eichten, CPA, partner with Malloy, Montague, Karnowski, Radosovich, & Company (MMKR), the City's Auditing Firm,was introduced to review the City's Management Report and Special Purpose Audit Reports. Mr.Eichten outlined the auditor's role and informed the group of some highlights based on the audit of the City's financial statements for the year ended December 31, 2011: • Issued an unqualified opinion on the City's basic financial statements. • Reported no deficiencies in the City's internal control over financial reporting that is considered to be material weakness. • Resulted testing disclosed no instances of noncompliance that are required to be reported under Government Audit Standards. • Noted that the Schedule of Expenditures of Federal Awards (SEFA) is fairily stated, in all material respects, in relation to the basic financial statements. 06/04/11 -1- DRAFT i i ® Two deficiencies involving he internal control over compliance and its operation in the g p p Federal A-133 Single Audit. Both of these deficiencies are considered to be significant deficiencies in testing of major federal programs and relate to the Public Safety Partnership and Community Policing Grants. The results of our tests noted instances of noncompliance relating to cash management and reporting requirements applicable to the Public Safety Partnership and Community Policing Grants. The findings are detailed in the Schedule of Findings and Questioned Costs as items 2011-1 and 2011-2. ® Reported one finding based on testing of the City's compliance with Minnesota laws and regulations. This relates to one invoice that was not paid on a timely basis and is further detailed in the Schedule of Findings and Questioned Costs as item 2011-3. Mr. Eichten reviewed the Management Report prepared by MMKR and pointed out highlights relating to Legislation, Property Taxes, Taxable Market Values, Tax Rates, Governmental Funds Revenue per Capita, General Fund Financial Position, General Fund Revenues, General Fund Expenditures, Utility Funds, Enterprise Funds, and Statement of Activities for Net Assets, Finance Director Dan Jordet informed the group that information provided with the 2011 Comprehensive Annual Financial Report (CAFR) for the year ended December 31, 2011, was available for discussion;however,he would like to discuss the anatomy of the CAFR and five points that will be important in the upcoming budget development. The anatomy of the CAFR was broken down in the following sections: Introductory, Financial Section, Government-Wide Financial Statements, Fund Financial Statements, Notes to Financial Statements, Required Supplementary Information, Combining and Individual Statements, and Statistical Section. The five points discussion included information pertaining to Statement of Net Assets (Balance Sheet for the City), General Fund Operations, General Fund Unassigned Fund Balance, Non- Performing Assets,and Proprietary Fund Cash Flow Statement. During this discussion it was noted that the Golf Course Fund continues to be an area to that needs consideration and ideas to help with the non-performing loan from the Capital Improvements Fund. City Manager Boganey and Finance Director Jordet then responded to questions and statements from Council members and Commissioners. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded to adjourn the Work Session at 8:10 p.m. Motion passed unanimously. 06/04/11 -2- DRAFT City Council Agenda Item No. 6b i i i COUNCIL ITEM MEMORANDUM DATE: June 5, 2012 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 June 11, 2012. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. AMUSEMENT DEVICES Theisen Vending Company 2105 57th Avenue N 6211 Brooklyn Blvd FIREWORKS—PERMANENT Target#240 6100 Shingle Creels Pkwy GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Darling International, Inc. 9000382 d Avenue, Blue Earth MECHANICAL Crow River P & H 7440 20th Street SW, Howard Lake Legend Services, Inc. 201 North Medina Street, Loretto Sylvander Heating, Inc. 412 Tyler Road N, Red Wing RENTAL See attached report. SIGN HANGER DeMars Signs 41093 d Avenue N, Coon Rapids TOBACCO RELATED PRODUCT Walmart 1200 Shingle Creek Pkwy � 4 .Hission:insuring an attractive,clean,safe,inclusive community that enhances the duality of life for all people acrd 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 i 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 3+units 0-07:5. Type II—2 Year 1-2 units Greater than 1 but not more than 4 3+units Greater than 0.75 but not more than 1.5 Type III— 1 Year 1-2 units Greater than 4 but not more than 8 3+units" Greater than 1.5 but not more than 3' Type IV—6 Months 1-2 units Greater than 8 3+`um,ts' Great, than`3 " 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 34 units 0-0.25 " 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3.-4 units Greater"than 0.25 but not more..han 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units"_ Greater"than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive eonuminity that enhances the tivaliti>of life for all people and preserves the publie trust h�) i'. -:i ,Yix y 4£ 1 "� ,..isl I �,. `_, 1.: ,y�9 w z ,+ Rental Ucen`ses for Councrl A roual on June 11 2fl12 iKa ,.., F �.,: �.. �: P �kn i Property Final Previous Dwelling Renewal Code License Police License License Property Address Type or Initial Owner Violations Type CFS* Type** Type:*:**, 3815 52nd Ave N Single Family Initial Jeffrey Sandberg 0 II N/A II 2918 65th Ave N Single Family Initial Hong Yang 4 II N/A II 2916 67th Ln N Single Family Initial David Bui 1 II N/A II 5407 70th Cir N Single Family Initial Bakary Fatty 4 II N/A II 6614 Bryant Ave N Single Family Initial Yi Lin 0 II N/A II 4201 Lakeside Ave N#106 Single Family Initial Warsono Widjaja 0 II N/A II 4724 LaKeview Ave N Single Family Initial IRebecca Hernandez 2 II N/A II 5315 Logan Ave N Single Family Initial Kirsten&Joel Carson 3 II N/A II 5724 Logan Ave N Single Family Initial Konstantin Ginzburg 6 III N/A III 6812 Perry Ave N Single Family Initial John Tatley 1 II N/A II 7009 Unity Ave N Single Family Initial Bakary Fatty 7 III N/A III 3819 61st Ave N Single Family Renewal Fred Hanus 2 II 0 II II 5118 66th Ave N Single Family Renewal Scott Hanson 2 II 0 II III 5906 Dupont Ave N Single Family Renewal Bruce Goldberg 0 1 0 1 II 6400 Noble Ave N Single Family Renewal ZamZam Gesaade 8 III 0 III II 4718 Twin Lake Ave Single Family Renewal Richard&Elizabeth Becht 0 1 0 1 III *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 ***Initial licenses will not show a previous license type; N/T indicates No Type since it was under the previous 2-year rental license program All properties are current on utilities and property taxes Type 1=3 year Type II =2 year Type III=1 year City Council Agenda Item No. 6c i i COUNCIL ITEM MEMORANDUM DATE: June 5, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by Our Lady of Fatima& St. Francis High Schools Alumni Association Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by Our Lady of Fatima & St. Francis High Schools Alumni Association, for an event to be held at MEC (Miracle Empowerment Center), 5801 John Martin Drive, on July 7, 2012. Background: On April 19, 2012, Isaac Russell, representing Our Lady of Fatima & St. Francis Alumni Education Foundation, submitted an application and permit for temporary on-sale liquor license for an event to be held July 7, 2012. On May 29, 2012, the City Council tabled consideration of the application because it was.incomplete (insurance information was not filled in). The applicant came into City Hall on Monday, June 4, and filled in the liquor liability insurance carrier's name and amount of coverage. He has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a nonprofit, charitable organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107(6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people anti preserves the public trust i i COUNCIL ITEM MEMORANDUM DATE: April 26, 2012 . TO: Curt Boganey, City Manager FROM: Sharon Knutson Cit y Clerk SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by Our Lady of Fatima& St. Francis High Schools Alumni Association Recommendation: It is recommended that the City Council consider approval of the application and permit for temporary on-sale liquor license submitted by Our Lady of Fatima & St. Francis High Schools Alumni Association, for an event to be held at MEC (Miracle Empowerment Center), 5801 John Martin Drive, on July 7, 2012. Background: On April 19, 2012, Isaac Russell, representing Our Lady of Fatima & St. Francis Alumni Education Foundation, submitted an application and permit for temporary on-sale liquor license for an event to be held July 7, 2012. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of the license, along with a certificate of coverage for liquor liability insurance, and has existed as a nonprofit, charitable organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider. Hission:Ensuring an attractive,clean,safe,inclusive conunrnrity that enhances the quality of life for all people rind preserves the public.trust OF PUg�� 3nf,lA%�'� o" Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION ;�.{� it "�z�.•F:4 ��9'FOFMO+N�s°5� 444 Cedar Street Suite 222,St.Paul MN 55101-5133 (651)201-7507 Fax(651)297-5259 TTY(651)282-65551:: �— W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION C-1 3 r ATE ORGANIZED TAX EXEMPT NUMBER STREET ADDRESS CITY STATE ZIP CODE 9 335 NAME OF PERS9P MAKING APPLICATION BUSINESS PHONE HOME PHONE 1 NJ 6 U5... 3A53.191 ( ) (763 ':-1Y5_76 DATES LIQUOR WILL BE SOLD ' TYPE OF ORGANIZATION �� / 7 1�2 CLUB CHARITABLE RELIGIOUS OTHER NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS L r te' �,�� � 1� ra4, FL 3511 ORGANIZATION OFFICER'S NAME, ADDRESS , r' I/in ORGANIZATION OFFICER'S NAME ADDRESS„ ,� �� }rL�1 , f'� �- J. � '—T--c sf g �✓b'f1t1/�� ���,1/i,d� �"U Location licenss'7ef will be usad. If an outdoor area,describers 611 ' 11Yi A :...J 01 L 1 ��. 1>%!J Ds In-n-6 /7 iT C✓J MA) Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. 11 Will the applicant carry liquor liability insurance? If so,please provide the carrier's name and amount of coverage. s it v 1C l 1 _ C I 1 _ � . t1 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT �CIT)/COUNTYbCQbMqn aen DATE APPROVED CITY FEE AMOUNT ( CJ.U O LICENSE DATES D A.T E FEE PAID 4WW C;4, a&J� SIGNATURE CITY CLERK OR CO NTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079(12/09) City of Brooklyn Center 6301 Shingle Creek Pkwy, 55430-2199 (763) 569-3300 Account No. 10100-4201 Temporary On-Sale Liquor License Application Addendum License Fee of$25 per day must be submitted to City Clerk with application Temporary Liquor License Fees are Non-Refundable Application Must Be Submitted 55 Days Prior to Event; City Council Approval Required Pursuant to City Code Section 11-107,Subdivision 6: The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable,religious,or other nonprofit organization that has existed for at least three years. Information on Contact Person: Name: ( `� �. ,Cr # SL I (First, Middle, and Last) Address: . (Street, City, and Zip Code) (Home Telephone Number) (Work Telephone Number) Information on Event: U Name of Event: Con yem l e?7 -Di 61 Y?'c'4- Ball Location of Event: 5go I J 0 wti 1 fflar-Un Alvoxw"--) 62 1° AM _99 3 (Street, City, and Zip Code) Dates(s) and Time(s) of Event Date ;Sant=time of_eyeritn of event Day 1 From: 7j a.m(p.m) To: Day 2 From: a.in. P_'M, To: a.m./p.m. Day 3 From: a.m./p.m. To: a.m./p.m. Day 4 From: a.m./p.m. To: a.m./p.m. Security for Event (explain in detail how you will ensure no underage sales or consumption, how the area will be secured, i.e. by fence,rope,barricade) - ) arricade) The- s ual r, i _ 6 l -01,t.— ��� rl ;'�i2}1�2.� �F�i ,�� � f to d1 !Vtaeu ...t-j)a Insurance Requirement: Brooklyn Center requires proof- of $300,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured.. This should be in the form of a certificate of insurance. However, if your event is being held on City property, such as a City park, you are required to have proof of $500,000 dram shop liquor liability insurance with the City of Brooklyn Center named as an additional insured.. Information is collected to determine eligibility for license. Failure to provide information requested may result in denial of application. Signature: Date: ��f �/�` / r "a I MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN MINNESOTA JOINT UNDERWRITING ASSOCIATION 445 MINNESOTA ST SUITE 514 SAINT PAUL,MN 55101-0760 (651)222-0484 OR 1-800-552-0013 CERTIFICATE OF INSURANCE FOR LIQUOR LIABILITY COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE CONTRACT LISTED BELOW. POLICY NUMBER: 12-0108 CONTRACT PERIOD: 12:01 A.M.7/7/2012 TO 12:01 A.M.7/8/2012(or the time/hour the event license expires) CONTRACT HOLDER&ADDRESS ISAAC RUSSELL OUR LADY OF FATIMA&ST.FRANCIS EDUCATION FOUNDATION 9516 VINCENT AVE.N. BROOKLYN PARK,MN 55444 SCHEDULED PREMISES: INDOOR BUILDING @ 5801 JOHN MARTIN DR.,BROOKLYN CENTER,MN 55430 THIS IS TO CERTIFY THAT THE CONTRACT OF COVERAGE DESCRIBED HEREIN HAS BEEN ISSUED TO THE CONTRACT HOLDER NAMED ABOVE AND IS IN FORCE AT THIS TIME.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN TO THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH CONTRACT. TYPE OF COVERAGE LIMITS OF LIABILITY BODILY INJURY $ 300,000 EACH PERSON 300,000 EACH OCCURRENCE PROPERTY DAMAGE $ 60,000 EACH OCCURRENCE LOSS OF MEANS OF SUPPORT $ 300,000 EACH PERSON 300,000 EACH OCCURRENCE PECUNIARY LOSS $ 300,000 EACH PERSON 300,000 . EACH OCCURRENCE ANNUAL AGGREGATE $ 300,000 ANNUALLY SHOULD THE ABOVE CONTRACT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE PLAN WILL MAIL 60 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER,HOWEVER,IN THE EVENT THE CANCELLATION IS FOR NON PAYMENT OF PREMIUM,THE PLAN WILL MAIL A 10 DAY WRITTEN NOTICE. CERTIFICATE HOLDER NAME&ADDRESS DATE OF ISSUE: 04/12/2012 CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER,MN 55430 AGENCY NAME&ADDRESS AUTHORIZED REPRESENTATIVE City Council Agenda Item No. 6d I COUNCIL ITEM MEMORANDUM DATE: June 5, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5.51 SUBJECT: Resolution Authorizing Designation of Easements for Shingle Creek Regional Trail Realignment Project Recommendation: It is recommended that the City Council consider approval of a resolution authorizing designation of easements for the Shingle Creels Regional Trail Realignment Project. Background: On August 27, 2009, the City of Brooklyn Center and the Three Rivers Park District executed a Trailway Cooperative Agreement for the Shingle Creek and Twin Lake Regional Trails in Brooklyn Center that transferred ownership of those trails to the Park District, As part of the Park District's commitment to the City, the Park District is proceeding with a project to improve a segment of the Shingle Creek Regional Trail from County Road 10 to I-94 (see General Location Map Figure 1). The Park District's plan includes the reconstruction of the north segment of trail through Centennial Park, generally in the same location as it exists. The southerly segment of trail has historically experienced flooding issues and is planned to be realigned outside of the floodplain (see Proposed Project Figures 1-3). As a result of the proposed realignment, wetland impacts will be experienced that are required to be mitigated (see Wetlands Impacts and Mitigation Figures 1- 3). The proposed mitigation area is located in an area along Shingle Creek where a portion of the existing trail exists and is planned to be removed. Realigning the trail requires the City to update and provide easements for those relocated portions of new trail (see attached easements and exhibits for trail segments SC-4A, SC-41) and SC-5). These new easements will replace the prior easements granted as part of the 2009 Trailway Cooperative Agreement. The existing easements for the old trail will then need to be vacated—this will be done once the proposed project is complete. The existing trail along the creek will then fall back under the jurisdiction of the City. Due to the poor shape and frequent flooding of the existing southerly segment of trail, City staff proposes to convert that portion of existing trail to a nature trail in the fixture. The City would reclaim (grind) the existing trail in place and convert it to a wood-chipped trail. The second parallel trail that is located in certain locations would be permanently removed and converted to turf and/or native plantings. The City Attorney has reviewed all easement documents and concurs to the purpose and form of the easements. Mission:Ensuring an attractive,cleeue,surf e, inchrsive conanrrnrity thus enhances the rlualiti,o/life for fill people and preserves the public trust COUNCIL ITEM MEMORANDUM Budget Issues: City resources will be used to create and record updated trailway easements within the current constraints of the 2012 budget and staff workload. Future City resources will be needed to convert the existing trail to a wood-chipped nature trail. Reclaiming the trail will cost approximately $5,000 and would be programmed in a future year operating budget. Wood chips that are anticipated to be generated from the City's planned 2013 neighborhood reconstruction project are proposed to be used and would be installed by and with City staff and equipment. All easements are being dedicated at no cost by the City of Brooklyn Center. Council Goals: Strategic: 7. We will continue to maintain the city's infrastructure improvements Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Mission:Ensuring nn attractive, clean,safe, inclusive conanurnity that enhances the quality of lift fir-alt people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING DESIGNATION OF EASEMENTS FOR SHINGLE CREEK REGIONAL TRAIL REALIGNMENT PROJECT WHEREAS,the Three Rivers Park District is reconstructing and realigning a portion of the Shingle Creels Regional Trail in the City of Brooklyn Center; and WHEREAS,the proposed new trails will be located on City property and easements from the City to the Three Rivers Park District are needed for those realigned portions of new trail; and WHEREAS,the Parks and Recreation Commission has recommended approval for the resolution authorizing designation of easements for the Shingle Creek Trail Realignment Project; and WHEREAS,the new easements will replace the prior easements granted as part of the 2009 Trailway Cooperative Agreement; and WHEREAS, certain easements for the old trail must be vacated through separate action once the new trails are constructed; and 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 for the Shingle Creels Regional Trail that will be dedicated to Three Rivers Park District, in the name of the City of Brooklyn Center. June 11 2012 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. H:\P rojects\7633\H I-M U\Gra phi cs\7633_gr01.dgn ,� I Hcurar. AvE. HAL [FAAX AvE. —I (n .NDIINA vL. HAUjF✓,x nvE. /�, ���, —.I! r; .`✓:J _ , HPL.FPX L✓ r-��' Gromc, JE. m � / >` �l.enRLtu ������ CD O uAx ' Grc P Y' aRr- CQ '� ('/TF a ,a.er�b/�r P� V ( J lam- r•_. (D ID• � � 'Lf461 L?> V I-- EkenlrC m A'J'c CD �_ II Ia� b/q, _ I�.m \� AJE n. hr.PAlIE.� AVF, N. P�GI11 al (;•A lam-, �\ AVE CCJI C,IIIJC m l J O �,I A=�J� E;71 N oaESl ® m CD A`+EIII 061 0 h. 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J 11.14[,71i JPr RDALC CD 3 MATCH LINE A_ _ ' d yy `4 i =i r r r r - r L n• m r 1(40 - II i _ I rI , cn I� - ..F o loo zao - Y r CL scale In fleet N ' LEGEND I` U O 't PROPOSED TRAIL fi f— V �l s ® EXISTING TRAIL (? --- CONSTRUCTION LIMITS 'BASS LAKE RD. • Proposed Project Figure I Consulting G,..p,lnc. Shingle Creek Three Rivers Park District LEGEND PROPOSED TRAIL ® EXISTING TRAIL ———— CONSTRUCTION LIMITS BRIDGE RECONSTRUCTION AREA -_X MATCHLINE B o foo zoo - t scale in feet r3 fC. S j il.ff � i f .I 4 Voli Owl 'I tit tul*jr Af C\I It r c o r I 1 A t a y J Et R111E1 t &t % ir ei m ",j cSs�4ip 44`r f ;a A CHLYNE Ai -__ _ ,- f�;► Ira Proposed Project Figure 2 g Consulting';'o ,,nc. Shingle Creek Three Rivers Park District LEGEND PROPOSED TRAIL EXISTING TRAIL ---- CONSTRUCTION LIMITS � v � ff 0 100 200 ■p���► scale In feet 4 F iR s' d,;k � W 3 'O M F %i O C U N U N .O 4 N v 4R M BRIDGE RECONSTRUCTION AREA MATCHLINE 6 4 IProposed Project Figure 3 Consulting 1r..p,,-c. Shingle Creek Three Rivers Park District 4 _ - r ' MATCHLINE�A, +3 t r�• t 19076 SF J. 1 'Y_ r �. r, '.r r j tr I " I 0 loo zoo - scole In feet -o - C ' w LEGEND WETLAND Ld r � " L t i J i WETLAND IMPACT WETLAND MITIGATION `+ C yr; cal ---- CONSTRUCTION LIMITS _ I<iEl( DELINEATED WETLAND BOUNDARY (BASS _LAKE RD1 _-_ �— _ - - - - — Kai;,1 Wetland Impacts & Mitgation g Fiure1 Consulting Group,Inc. Shingle Creek Three Rivers Park District LEGEND WETLAND - - - � WETLAND IMPACT —— WETLAND MITIGATION i CONSTRUCTION LIMITS ' DELINEATED WETLAND BOUNDARY + - RIDGE RECONSTRUCTION AREA ' MATCHLINE B ® _ _ A r' _ o too zoo t _ r i scale to feet Y- y— - i r J2194C S_Fr� + - y+ti <,rr mot' q .+ Kt w� r 1/ ,�� F �Jlttpyf.It4 5t't ,6579 SF " I 4 � .�+e ,?-9ha.� `�u��1 y 0.�` � ....P{ r_r ,��I •�\l,°i���xse,i�� ����yt i�+ 17.;:t _ .�t. G� '�� �«�� coo � '' '� �.a �,��°��;.•J ,; _ y- e,MATCHLINE Ire Wetland Impacts & Mitgati®n Figure 2 C..,.Iting Group,Inc. Shingle Creek g Three Rivers Park District - 1 LEGEND e--- - -- � •. 1 WETLAND I WETLAND IMPACT e, WETLAND MITIGATION r; t ———— CONSTRUCTION LIMITS _ Y DELINEATED WETLAND BOUNDARY 50 SF 44 } 430 SF 19 SF a loo zoo scale In feet al �44 � e I Co o 'S' C , RIDGE RECONSTRUCTION AREA r j P �. MATCHLINE R I � - Wetland Impacts & Mitgation f Consul[inp Group,Inc. Shingle Creek Figure 3 Three Rivers Park District Certificate of Title No. 1045381 Parcel SC-4A EASEMENT AGREEMENT THIS AGREEMENT is made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A(the"Property"). B. Grantor desires to grant to the Grantee, and Grantee desires to accept, certain easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. 2. Scope of Easements. The perpetual trail easement granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities: public sidewalk or trail, trail signing and trail bridge facilities. This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land,the center line of which is the center line of the trail, with general location,width and surface type as depicted on the attached Exhibit B. Any alteration to the prescribed horizontal or vertical location of this trail must be approved by the Grantor. 3. Trail Uses and Purposes. This easement is for public trail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal SC-4A verl assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. 4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 5. 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, suits 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. 6. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of , 2012. CITY OF BROOKLYN CENTER By Its By Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Tim Willson and Curt Boganey, the mayor and city manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation, Grantor. Notary Public NOTARY STAMP OR SEAL This instrument drafted by: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SC-4A verl EXIiIBIT A Owner: City Of Brooklyn Center P.I.N. : 35-119-21-34-0003 Description of Property: Par 1: Outlot E, Brooklyn Center Industrial Park Plat 1, except that part thereof shown as Parcel 39B on Minnesota Department of Transportation Right of Way Plat No. 27-6. Par 2: That part of Outlot H,Twin Cities Interchange Park, lying easterly of the southeast line of Block 3, Garden City 1St Addition and its northeasterly extension, except that part thereof shown as Parcel 39B on Minnesota Department of Transportation Right of Way Plat No. 27-6. Subject to easements for drainage and wall maintenance purposes as set forth in Deed Doc.No. 3276260; (as to Par 2) Subject to mineral and mineral rights reserved by The Regents of the University of Minnesota; Subject to the easement for County Ditch No. 13, also known as Shingle Creek, as shown on the plats of Twin Cities Interchange Park and Brooklyn Center Industrial Park Plat 1. (the"Property") Description of Easements: This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land,the center line of which is the center line of the trail, with general location,width and surface type as depicted on the attached Exhibit B; Said easement containing 34,971 square feet(0.80 acres) more or less. SC-4A verl I Nie P r t, I 7 . i� • :s f � l ---- s �ry + CENTRAL �= I \ 3 a'9t aag; a�; 3 PARK ;4 ; .c �Y !..30+.iii �1;FI Ll d�`�!M + * I X62 ]. TRAII ED. � .n�aol _ii�l lli :_i Via!}1�td1191' ;r !r- i ^ 1!!-viii�. J.>• 9��1� i��l'Z!lZ�iBit i�! / _ r 6125 ,a l' A r. F ltli;iaim!!l)it ' v ® PROPOSED EASEMENT — 34,971 SF I 125 I 250 FT -r CITY OF EASEMENT PROPERTY SC-4A EXHIBIT B BROOKLYN CENTER PUBLIC WORKS — ENGINEERING CENTRAL PARK — PID 3511921340003 May 10, 2012 Abstract OR Torrens Certificate No.xxxxxxxxxxxxx Parcel SC-4D EASEMENT AGREEMENT THIS AGREEMENT is made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A (the"Property"). B. Grantor desires to grant to the Grantee, and Grantee desires to accept, certain easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. 2. Scope of Easements. The perpetual trail easement granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities: public sidewalk or trail, trail signing and trail bridge facilities. This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land, the center line of which is the center line of the trail, with general location, width and surface type as depicted on the attached Exhibit B. Any alteration to the prescribed horizontal or vertical location of this trail must be approved by the Grantor. 3. Trail Uses and Purposes. This easement is for public hail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or Park District for maintenance, law enforcement or other public uses will be permitted. SC-4D verl i 4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 5. 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, suits 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. 6. Binding Effect.ffect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 92012. CITY OF BROOKLYN CENTER By Its By Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2012, by Tim Willson and Curt Boganey, the mayor and city manager, respectively, of the City of Brooklyn Center, a Minnesota municipal corporation,Grantor. Notary Public NOTARY STAMP OR SEAL This instrument drafted by: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center,MN 55430 SC-4D veri EXIIIBIT A Owner: City Of Brooklyn Center P.I.N. : 02-118-21-21-0018 Description of Property: Outlot A,Amcorp Addition in Hennepin County, Minnesota. (the"Property") Description of Easements: This easement,for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land,the center line of which is the center line of the trail, with general location, width and surface type as depicted on the attached Exhibit B; Said easement containing 25,775 square feet(0.59 acres) more or less. SC-4D verl a. t` z��6125 / ., r '"'.• �`'� �� PON M 710 " 9 t -!i! I - , 00 ~ am Iy� A wk AF6A. TERL TRAIL II +f Y ' ` .5910 o • f 5900 1 V ® PROPOSED EASEMENT — 25,775 SF I I 81 5 I 115 CITY OF EASEMENT PROPERTY PARCEL SC-4D EXHIBIT B BROOKLYN CENTER PUBLIC WORKS - ENGINEERING SHINGLE CREEK TRAIL — PID 0211821210018 MAY 10, 2012 Abstract Parcel SC-5 EASEMENT AGREEMENT THIS AGREEMENT is made by and between the City of Brooklyn Center, a Minnesota municipal corporation, Grantor, in favor of the Three Rivers Park District, a political subdivision of the State of Minnesota, Grantee. Recitals A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally described on the attached Exhibit A(the"Property"). B. Grantor desires to grant to the Grantee, and Grantee desires to accept, certain easements, according to the terms and conditions contained herein. Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally described on the attached Exhibit A and depicted on the attached Exhibit B. 2. Scope of Easements. The perpetual trail easement granted herein includes the right of the Grantee, its contractors, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities: public sidewalk or trail, trail signing and trail bridge facilities. This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land. The easement shall extend 16.00 feet westerly of the east property line from the southerly lot line to a point 480.00 feet north of the southerly property line.The remaining portion of the easement shall be 16.00 feet wide,the center line of which is the center line of the trail,with general location,width and surface type as depicted on the attached Exhibit B. Any alteration to the prescribed horizontal or vertical location of this trail must be approved by the Grantor. SC-5 verl i i 3. Trail Uses and Purposes. This easement is for public trail purposes only. All regional trails within City boundaries shall be open to the general public, and be used exclusively for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electric personal assistive devices. In addition, motorized vehicles used by the City or, Park District for maintenance, law enforcement or other public uses will be permitted. 4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 5. 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, suits 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. 6. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this day of 52012. CITY OF BROOKLYN CENTER By Its By Its STATE OF MINNESOTA ) ) SS. COUNTY OF 14ENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Tim Willson and Curt Boganey, the mayor and city manager, respectively, of the City of Brooklyn Center,a Minnesota municipal corporation, Grantor. Notary Public NOTARY STAMP OR SEAL This instrument drafted by: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 SC-5 verl EXHIBIT A Owner: City Of Brooklyn Center P.I.N. : 02-118-21-24-0017 Description of Property: Lot 1, Block 1, Brookdale Square in Hennepin County,Minnesota. (the"Property") Description of Easements: This easement, for the use and the maintenance of the trail, shall be limited in width to a 16.00 foot wide strip of land. The easement shall extend 16.00 feet westerly of the east property line from the southerly lot line to a point 480.00 feet north of the southerly property line. The remaining portion of the easement shall be 16.00 feet wide,the center line of which is the center line of the trail, with general location, width and surface type as depicted on the attached Exhibit B; Said easement containing 15,663 square feet(0.36 acres)more or less. SC-5 veil i r 1w, s G 59TH AVE N Z F - � Y � Y y S qs. f V —7) A�RI . 5900 -- i I h - �l 17� 1 - r III 2 500 NORTHWAY DRIVE 1 z , ��g19�9�.1 Aii a L9 g 4 CO RD NO 10 'M V ® PROPOSED EASEMENT - 15,663 SF I I 71 I 150 FT + CITY OF EASEMENT PROPERTY-PARCEL SC-5 EXHIBIT B BROOKLYN CENTER SHINGLE CREEK PKWY- PID 0211821240017 MAY 10, 2012 PUBLIC WORKS - ENGINEERING i City Council Agenda Item No. 6e COUNCIL ITEM MEMORANDUM DATE: June 5, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer 5 � SUBJECT: Resolution Providing a Nine Month Extension to the Time Period for the Submittal of the Evans Nordby Addition Final Plat Recommendation: It is recommended that the City Council consider approval of the resolution providing a nine month extension to the time period for the submittal of Evans Nordby Addition final plat. Background: On December 12, 2011, the City Council adopted Resolution No. 2011-171 regarding the disposition of Planning Commission Application No. 2011-019, a•Request for Preliminary Plat Approval of Evans Nordby Addition Submitted by Thomas J. Weber on behalf of T.J. Weber Properties, LLC. This proposed subdivision involves the replatting of three contiguous parcels generally located and addressed as 6000 Brooklyn Boulevard to create one lot for the benefit of the existing Evans-Nordby Funeral Home. Attached for your reference is a copy of the resolution approving the preliminary plat and a copy of the preliminary plat. The subdivision ordinance identifies a six month period that an applicant has to submit a final plat; otherwise, the preliminary plat will be considered void unless an extension in writing by the subdivider is received and for good cause granted by the City Council. The applicant has provided an e-mail indicating that he is continuing to work with Hennepin County to finalize the legal description with issues pertaining to the descriptions of the adjoining County Road 152 (Brooklyn Boulevard) before proceeding with the final plat. Given the nature of the delay, staff is recommending that a nine month extension be granted, which extends the deadline for final plat submittal until March 11, 2013. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. 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, inclusive com uenitp that enhancc>>the qualiti,of life .fir all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING A NINE MONTH EXTENSION TO THE TIME PERIOD FOR THE SUBMITTAL OF THE EVANS NORDBY ADDITION FINAL PLAT WHEREAS, the Planning Commission held a duly called public hearing on November 17,2011,at which time a staff report and public testimony regarding the preliminary plat of Evans Nordby were received; and WHEREAS,the City Council,on December 12,2011,adopted Resolution No.2011- 171, Regarding the Disposition of Planning Commission Application No. 2011-019, a Request for Preliminary Plat Approval of Evans Nordby Addition Submitted by Thomas J. Weber on behalf of T.J. Weber Properties, LLC; and WHEREAS,the City's subdivision ordinance requires the submittal of a final plat not later than six months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the City Council; and WHEREAS,Thomas Kelley,on behalf of Thomas J.Weber,has submitted a request for an extension to allow the necessary property description issues to be resolved by the owner with Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that a nine month time extension for the submittal of the Evans Nordby final plat is approved. June 11 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2011-171 RESOLUTION REGARDING THE DISPOSITION AND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2011=019, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF EVANS NORDBY ADDITION SUBMITTED BY THOMAS J. WEBER ON BEHALF OF T.J. WEBER PROPERTIES,LLC WHEREAS, Planning Commission Application No.2011-019 submitted by Thomas J. Weber on behalf of T:J.Weber Properties,LLC requesting approval of a Preliminary Plat approval of a subdivision to be titled Evans Nordby Addition, which is a replat of three contiguous parcels generally located and addressed as 6000 Brooklyn Boulevard; and WHEREAS, this plat is being requested to create one lot for the benefit of the existing Evans-Nordby Funeral Home business located at 6000 Brooklyn Boulevard; and WHEREAS, the Planning Commission held a duly called public hearing on November 17,2011 at which time a staff report and public testimony regarding the preliminary plat of Evans Nordby Addition were received; and WHEREAS, the Planning Commission determined during its review of this preliminary plat submitted with Planning Application No. 2011-019, that said plat is in general conformance with City of Brooklyn Center's City Code Chapter 15 -Platting; and WHEREAS, the Planning Commission recommended approval of Application No. 2011-019by adopting Planning Commission Resolution No. 2011-14 on November`l7,2011; and WHEREAS, the City Council considered same Application No. 2011-019 at its November 28,2011 regular meeting;and in light of all testimony received the Planning Commission's recommendations. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,.that Planning Application No.2011-019 submitted by Thomas J.Weber on behalf of T.J. Weber Properties,LLC requesting approval of a Preliminary Plat of a subdivision to be titled Evans Nordby Addition, is hereby approved based upon the following considerations: 1. The final plat shall be subject to review and approval by the City Engineer. 2. The final plat shall be subject to the provisions of Chapter 15 of the City Ordinances. RESOLUTION NO. 2011-171 3. The Owner/Applicant shall provide an updated certified abstract or title or registered property report to the City Attorney and City Engineer for review at time of final plat application. 4. The Owner/Applicant shall provide a 10-foot drainage and utility easement on all exterior lot lines. 5. The Owner/Applicant shall provide an additional sidewalk easement as illustrated on the revised plan set prepared by K.K.Design,dated 12/05/2011. Said easement shall be dedicated on the final plat or provided for under separate recordable document. 6. The Owner/Applicant shall remove the bituminous driveway section as illustrated on the K.K. Design plans (dated 12/05/2011), and install the landscaping and sod as indicated. Until. the City repairs the sidewalk and removes the driveway apron in the right-of-way,the Owner/Applicant shall install a temporary barricade post with chain and/or planters to prevent vehicles from using the driveway access onto 60th Avenue North near this location. December 12 2011 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. 536.48 fast of Lot 40,and the North 78.64 feet of the South 459.04 fast of Lot 40,Auditor's Subdivision No.218,Hennepin County,Minnesota, ��� N69`53'40°w ?\sB�apt' 1741'06 Dee4 err Come•or sec 03, T+p.era Rib Id Lot and with the North and South lines p"dial to the South Tine o1 said Lot and subject to the rights of the public over the Westerly 33 feat c_Wit—cerner to the all that part of the following described tract The North 153.28 fast of the south 536.48 feet of Lot 40, Auditor's Subdivision No.216,measured na,lh 1/4 C.—at h the north and south lines pordial to the south line of sold lot; which Ilea southwesterly of a line run parallel with and distant 42 feet Sec.34.T•p.119•Rng. bed Iina From a point on the north line of section 3,township 118 north,ran m 21 wee distant 1741.08 fast weat of the northeast corner 21. A cast o-sn u«um aL gle of 68 degrees OI minutes 52.3 seconds with sold north motion line for I 54 feet; thence deflect to the right at an angle of 17 degrees 20 tat to the point of beginning of the line to be daaribed; thence run northwesterly along the last described course for 200 feat; thence deflect to i =va(delta angle 17 degrees 20 minutes 35.2 seconds)for 867.15 feet and there terminating; together with a triangular place adjoining and I strip and southwesterly of the following desuibed line: Beginning at a point an the northeasterly boundary of the above desrbed strip,distant -Um with the south line of the above described tract; thence run southeasterly to a point an said south Itno,distant 20 feet easterly of Bald ,oration, fee owner and that Keith L Nardby and Charlotte H.Nordby,Trustees of the Keith L Nordby Revocable Trost dated December 28,2001 lordby,Trustees of the Charlotte H.Nordby Revocable Trust dated December 28,2001,contract purdhosere of the following described property mty of Hennepin,to wlb 61112 feet of Lot 40,Auditor's Subdivision No.215,an measured on the wet line of said lot and with the north and mouth lines parallel to the -1\>T n r+r A I I I 6 old tract which Ilea southwesterly of a line run parallel with and distant 42 feet northeasterly of the following described line, I nvv. -vC:v. ivv. i cJ I �•r-•`•• 1 - ' ' Section 34,Township 119 North,Range 21 Wort distant 1741.08 feet west of the southeast comer thereof,run northwesterly at an angle of 88 S89'57'00'W 30 30 — Ith said south section line for 432.38 feet to the point of beginning of the line to be described; thence run southeasterly along the lost aw —_,�,;;,- R.L� ::92 "� co deflect to the right on a 2 degree 00 minute curve(delta angle 17 degrees 20 minutes 35.2 amends)for 857.15 feat and there terrnlnating. ' o� m 'h ` w-h t t"v---------------------- ---'h 30.00 711 p o 2 6 North line of Let 40 i 130 I fo l I I ocai of Auditors Sub&No.216�l 1 6,lying north of the South 613.12 feet thereof measured on the east line of said lot and with the north and south lines p"ells!to the south line ild tract which Iles southwesterly of a line run p"aild with and distant 42 feat northeasterly of the following described line: — ® m jl� I If_ Becton 34,Township IIB North,Range 21 Weal distant 174L08 feet.west of the southeast comer thereof,run northwesterly at an angle of 88 0 l- f`North r e of the south 61312 reef of Aumtv,'s Subd.N..216 - ith cold south section line for 432.38 feet to the paint of beginning of the line to be described; thence run wutheaeterly along the last h— — — —— — — —— —— — ce deflect to the right on a 2 degree DO minute curve(delta angle 17 degrees 20 minutes 35.2 seconds)for 887.16 feat and there terminating. II Z 'II I o and platted as EVANS NORDBY ADDITION and do hereby dedicate to the public for public use forever the public way am ahown orb this plat. Pfau I 4��"J %v I m r forever the easements as sharm an this plat for drainage and utility purposes only. 'fie ✓ v LOT {by and Charlotte H. Nordby, Trustees of the Keith L Nrdby Revocable Trust dated Dw4mbar 28, 2001 and Charlotte H. Nordby and Keith L � INordby Revocable Trust dated December 28, 2001, have hereunto met their hands this day of I �m �soutn re of the North 76.fi4 feet of the — I I, `711 ti• South 613.12 feet or Audilor's Subd.L11_211. I 30 30 —___ —art t Iordhy Charlotte H.Nordby 'a%I\ ' o ® w I r err`• N 8 ®� N dged before me this day of -20 by Keith L Nordby and Charlotte H.Nordby,trustees e 1 cry A-hr nor 1 n-r . -16 dated December 28,20DI and trustees of the Charlotte H.Nordby Revocable Trust dated December 28,2001. I I 1 0£ ' ART yr I..v 1 =n) 1 Wm Z 1 n W 1 wv. �v G°V, ivv. i v Notary Public Printed Name r ; County,Minnesota 1 420 ; i 3a 1 30 My commission expires: I m `----------------------� / 224.50 30.01 e caused these presents to be signed by Its proper officer this day of 20 w L N89e28'00'E 254.51 --"� NORDBY,INC. I g Mr,14'30'16( e ;I ® IY 1 I ® e ®e`�O Keith L Nordby,President I gad before me this day of 20 by Keith L Nordby,president of Nordby Ins., a Minnesota set. t Notary Public ' Printed Name h\\t r County,Minnesota My Commission Fire= S NORDBY ADDITION Is a camect represmttation of the boundary"r" that all mathematical data and labels are correctly designated on the TAXPAYER SERVICES DEPARTMENT,HENNEPIN COUNTY,MINNESOTA the plat have been or will be correctly not within one year as indicated on the plat; that di water boundaries and wet lands ee of the date of and labeled on the play that all public ways are shown and labeled on the plat.I further certify that this plat was prepared by me or under my I hereby certify that taxes payable in 200_and prior yam haw been paid for land described an this plat. Dated this e licensed land surveyor under the Iowa of the State of Minnesota. Jill L Aivemon,Hennepin County Audit" Rick M.Blom,Licensed Lend Surveyor Minnesota License No.21729 By, Deputy SURVEY DIVISION,HENNEPIN COUTY,MINNESOTA a acknowledged before me this day of 20 by Rick M,Blom,Licensed Land Surveyor. Pursuant to MINN.S7AT.Sao.3838.585(1989),this plat hoe been approved this _day of Notary Public William P.Brown,Hennepin County Surveyor County,Minnesota My commission exptrea: By' COUNTY RECORDER,HENNEPIN COUNTY,MINNESOTA I hereby certify that the within plat of EVANS NORDBY ADDITION was recorded to this office this day of aas approved and accepted by the City Council of Brooldyn Canter,Minnesota at a regular meeting thereof held this day of —Jib. If applicable,the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been Lh A,... ——.1......A...Ill...........1..!..1.,,.1. ...........n1...,.A......,.,.....A..11..,.. —...,.,AA.A 1..,111.... Ci--. Gr}I.... —9 AN —A 7 City Council Agenda Item No. 6f i COUNCIL ITEM MEMORANDUM DATE: June 4, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Amending the Amphitheater Fundraising Task Force Membership Roster Recommendation: It is recommended that the City Council consider approval/adoption of a Resolution amending the Amphitheater Fundraising Task Force Roster. Background: On February 27, 2012, the City Council adopted a Resolution naming the Amphitheater Fundraising Task Force and approved its membership roster. The Amphitheater Fundraising Task Force accepted the resignation from Committee member Jeff Delzer at their May 2, 2012 meeting. Accordingly, the Committee has asked that Keith Lester, currently an ex-officio member, be named as a regular member of the group. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE AMPHITHEATER FUNDRAISING TASK FORCE MEMBERSHIP ROSTER WHEREAS, the City Council at its February 27, 2012, meeting established the Amphitheater Fundraising Task Force and approved its membership roster; and WHEREAS, Jeff Delzer has resigned from the Amphitheater Fundraising Task Force effective May 2, 2012; and WHEREAS, the Amphitheater Fundraising Task Force asks that Keith Lester be named as a regular member. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Keith Lester is named as a regular member of the Amphitheater Fundraising Task Force. June 11 2012 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. 6g COUNCIL ITEM MEMORANDUM DATE: June 11, 2012 TO: Curt Boganey, City Manager vp 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 has maintained a policy of removing and properly disposing of diseased trees in order to prevent tree diseases from spreading throughout the community. The removal of diseased trees is defined in City Ordinance Chapter 20-301to 20-306. Although the City has historically focused on Dutch Elm disease, other transmissible diseases and infestations are addressed as well. Property owners are given the opportunity to remove the diseased tree on their own or enter an agreement to allow the city to remove the diseased tree. Where an agreement with the property owner is executed, a minimal administrative charge of$50 is applied to the costs associated with the tree removal. After a diseased tree is declared a public nuisance by the City Council, another Compliance Notice will be provided to the property owner allowing additional time, at least five days, for voluntary correction, again providing an option for an agreement with the City. If the property owner does not correct the violation or enter 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 2012 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,cleat:,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i COUNCIL ITEM MEMORANDUM Council Goals: Strategic: 8. We will encourage citywide environmental sustainability efforts. Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public truss Member introduced the following resolution and moved its adoption: RESOLUTION O N 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 tree at the following address is hereby declared to be a public nuisance. Property Address Tree Type and No. 5343 Knox Ave N Elm— 10 6901 Quail Ave N Elm— 12 1612 69 Ave N Elm— 13 3300 Mumford Rd Birch— 14 6415 Brooklyn Blvd Pine— 15 4500 65t'Ave N Pine— 16 6601 Unity Ave N Elm— 17 5 807 Drew Ave N Elm—18 3801 57th Ave N Birch— 19 5341 East Twin Lake Blvd Elm—20 &21 6900 Regent Ave N Elm—23 6906 Regent Ave N Birch—24 120157 t Ave N Elm—25 5321 Girard Ave N Elm—27 4306 65t'Ave N Maple-29 i i RESOLUTION NO. 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. June 11 2012 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. 6h COUNCIL ITEM MEMORANDUM DATE: June 4, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Declaring Earle Brown Days as a Civic Event From June 21 Through June 23, 2012 Recommendation: It is recommended that the City Council consider approval/adoption of the attached resolution declaring Earle Brown Days as a civic event. Background: Each year, the City Council is asked to approve a resolution declaring Earle Brown Days as a civic event. This designation allows the Earle Brown Days to place signs around the community advertising the events. The approved resolution will be attached to an administrative land use permit application, pursuant to Section 35-800 of the City Zoning Ordinance related to Administrative Permits. The Earle Brown Days Committee request will be for 4 structure on-site signs and 5 off-site signs on commercial or industrial locations. Budget Issues: There are no budget issues to consider. Council Goals: Mission:Ensuring an attractive,clean,safe con:munlg�that enhances the quality of life and preserves the public trust I i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2012 WHEREAS,the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents,the City, community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City-issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 21,2012 through June 23,2012. June 11 2012 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. 6i i ii Updated City Council Agenda Item No. 6i COUNCIL I'T'EM MEMORANDUM DATE: June 11, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cleric 44UK4�* SUBJECT: Resolution Appointing Election Judges - UPDATED Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Election Judges. Background: On Friday, June 8, 2012, I received an e-mail from Richard Cushing notifying me that he and his wife need to withdraw their election judge applications, as he filed for State Representative District 40B. Minnesota Statutes, Section 204B.19, sttbd. 2, provides that a candidate at that election or his/her spouse are individuals who are not qualified to be appointed as election judges. Attached is an updated resolution removing Eileen and Richard Cushing. Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive conanwdl y that enhances the quality,of life for all people and preserves the public trust Sharon Knutson From: Richard D. Cushing <rcushing @ceoexpress.com> Sent: Friday, June 08, 2012 12:18 PM To: Sharon Knutson Subject: Election judges Ms. Knutson: I made a late decision (05 June 2012)to run for the MN House seat for the new 40B district,so I will need to withdraw as an election judge. Also, if that decision affects my wife, Eileen, she too will need to withdraw as an election judge. Please confirm your receipt of this message.Thank you. Richard D. Cushing Thinking/Writing/Consulting c 612.805.6029 f 815.327.9518 M,Profile I Geeffhiz to R.0.1. 1 Facebook Twitter On Public Policl Social Media Tool I Branch Out 1 i i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING ELECTION JUDGES WHEREAS, a State Primary Election will be held August 14, 2012, and a State General Election will be held November 6, 2012; and WHEREAS, Minn. Stat. 204B.21, stibd. 2, requires that persons serving as election judges be appointed by the Council at least 25 days before the election at which the election judges will serve. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named below and on file in the office of the City Cleric be appointed to perform the duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election judges. BE IT RESOLVED the City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd 2, under the direction of the Election Manager to serve as members of the Brooklyn Center Absentee Ballot Board. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Marjorie Adkisson Raymond Eckhoff Jeanne Huff Barbara Mikkanen Dick Alberico Lloyd Ehrman Leonard Jacobsson Sue Minor Patricia Amundson David Erickson Charlene Johnson Lorraine Moe Lorraine Anderson Larry Franklin Dorothy Johnson Mary Nordness Alyson Arneson Norma Gilbertson Virginia Johnson Susan Okerstrom Betty Barrick Don Gillquist Lynne Johnston David Olsen Lavelle Beers Joanne Goddard Deja Jones Delores Olson Lorraine Blarney Mark Goodell Mindy Jost Diane Olson Nancy Blexrud David Gooley Mary Kalinoski Lynn Olson Karen Bolstad Marilyn Grabowski Mumtaz Karim Riggs Opland Doris Branch Carolyn Green Myrna Kauth Eileen Oslund Bill Bruneau Darlene Gregornik Nahid Khan Janna Peterson Kenneth Bueckers Steve Haller Chris Knapp Karen Richter John Burggraff Allan Hancock Jayne Kuhar Rita Roehrl Charles Calhoun Gilbert Hartlage Mary Laduke Dorothy Rogers Mary Ann Campbell Jacquelina Heckard Mavis Lammi Will Rogers Jean Carlson Philip Henrichs Len Lasman Larry Rolf Sharon Clark Kelly Herrmann Ginny Lebus Shirley Roy Esther Connolly Mary Ann Hilger Glenard Lieder Beverly Ryan Betty Dudley Joyce Hogetvedt Shirley Lindsholm Eloise Schmalz Marion Duepner Lois Holmes Carol Logeais Loren Schmalz Lois Dumonceaux Pat Hotchkiss Donna Martin Thomas Schommer Betty Eckhoff Paulette Houglum Joseph McFadden Peggy Seibert RESOLUTION NO. Dolores Smith Absentee Ballot Eloise Stephens Board Mary Studor City Staff Clayton Thiebault Charlene Finberg Mary Thiebault Sharon Knutson Tim Thorbus Maria Rosenbaum Donald Tinker Beverly Truran Sarah Wilks Kathy Winn June 11 2012 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 COUNCIL ITEM MEMORANDUM DATE: June 5, 2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Cleric R � SUBJECT: Resolution Appointing Election Judges Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Election Judges. Background: Minnesota Statutes, Section 203B.121, provides that the absentee ballot board may include staff trained as election judges. Because the absentee ballot board must accept or reject absentee ballots in such a timely fashion, it is imperative that City Staff be appointed to the absentee ballot board to process the absentee ballots during the 45 to days prior to the election. Minnesota Statutes, Section 204B.21, subd. 2, requires election judges be appointed by the governing body at least 25 days before the election at which the election judges will serve. A resolution is included that lists individuals who have applied to serve as an election judge for the 2012 elections. Budget Issues: There are no budget issues to consider. Mission:Ensuring an attractive,clean,safe,inclusive community,that enhances the quality of life for all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING ELECTION JUDGES WHEREAS, a State Primary Election will be held August 14, 2012, and a State General Election will be held November 6, 2012; and WHEREAS, Minn. Stat. 204B.21, subd. 2, requires that persons serving as election judges be appointed by the Council at least 25 days before the election at which the election judges will serve. BE IT RESOLVED by the City Council of the City of Brooklyn Center that the individuals named below and on file in the office of the City Clerk be appointed to perform the duties of election judge and/or be appointed as the Brooklyn Center Absentee Ballot Board election judges. BE IT RESOLVED the City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2, under the direction of the Election Manager to serve as members of the Brooklyn Center Absentee Ballot Board. BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Marjorie Adkisson Marion Duepner Lois Holmes Joseph McFadden Dick Alberico Lois Dumonceaux Pat Hotchkiss Barbara Mikkanen Patricia Amundson Betty Eckhoff Paulette Houglum Sue Minor Lorraine Anderson Raymond Eckhoff Jeanne Huff Lorraine Moe Alyson Arneson Lloyd Ehrman Leonard Jacobsson Mary Nordness Betty Barrick David Erickson Charlene Johnson Susan Okerstrom Lavelle Beers Larry Franklin Dorothy Johnson David Olsen Lorraine Blarney Norma Gilbertson Lynne Johnston Delores Olson Nancy Blexrud Don Gillquist Deja Jones Diane Olson Karen Bolstad Joanne Goddard Mindy Jost Lynn Olson Doris Branch Mark Goodell Mary Kalinoski Riggs Opland Bill Bruneau David Gooley Myrna Kauth Eileen Oslund Kenneth Bueckers Marilyn Grabowski Nahid Khan Janna Peterson John Burggraff Carolyn Green Chris Knapp Karen Richter Charles Calhoun Darlene Gregornik Jayne Kuhar Rita Roehrl Mary Ann Campbell Steve Haller Mary Laduke Dorothy Rogers Jean Carlson Allan Hancock Mavis Lammi Will Rogers Sharon Clark Gilbert Hartlage Len Lasman Larry Rolf Esther Connolly Jacquelina Heckard Ginny Lebus Shirley Roy Eileen Cushing Philip Henrichs Glenard Lieder Beverly Ryan Richard Cushing Kelly Herrmann Shirley Lindsholm Eloise Schmalz Maria Doron Mary Ann Hilger Carol Logeais Loren Schmalz Betty Dudley Joyce Hogetvedt Donna Martin Thomas Schommer RESOLUTION NO. Peggy Seibert Absentee Ballot Dolores Smith Board Eloise Stephens City Staff Clayton Thiebault Charlene Finberg Mary Thiebault Sharon Knutson Tim Thorbus Maria Rosenbaum Donald Tinker Beverly Truran Sarah Wilks Kathy Winn June 11 2012 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. 6j COUNCIL ITEM MEMORANDUM DATE: May 31, 2012 TO: Curt Boganey, City Manager FROM: Kelli Wick, Human Resources Director SUBJECT: Resolution authorizing the exchange of one personal floating holiday for the Monday preceding the 2012 Christmas Day Holiday for City employees Recommendation: It is recommended that the City Council consider approval of a resolution authorizing the exchange of one personal floating holiday for the Monday preceding the 2012 Christmas Day Holiday for City employees. Background: Section 7.1 states two personal floating holidays are available each year to City employees to be taken at the employee's discretion. Since the 2012 Christmas Day holiday falls on a Tuesday, employees have requested that they be allowed to exchange one personal floating holiday for the Monday preceding the 2012 Christmas Day holiday. Historically, city offices are closed at Noon on December 24. Employees who are working are required to use vacation or other approved leave time for the afternoon. The City surveyed City employees asking if they would be interested in using a personal floating holiday on Monday, December 24, 2012 so that City offices could be closed all day. 71% of employees responded yes. It is recommended that the City Council authorize the exchange of one personal floating holiday for the Monday preceding the 2012 Christmas Day holiday for City employees for 2012 only. Budget Issues: There are no budget issues. Council Goals: Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources w_ .,........ _ �m�. . . . .__ juission:1nsnr•iarq an attrrrerive,clean,sale,incdrrsive errnrrnrrnity that enhances the rgrerglir of life fv cell people and prewer ves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE EXCHANGE OF ONE PERSONAL FLOATING HOLIDAY FOR THE MONDAY PRECEDING THE 2012 CHRISTMAS DAY HOLIDAY FOR CITY EMPLOYEES WHEREAS, on September 8, 1997,the Council adopted the City's Personnel Rules and Regulations by Resolution No. 97-161; and WHEREAS, Section 7.1 states two personal floating holidays are available each year to City employees; and WHEREAS,it is the desire of the City employees to exchange one personal floating holiday for the Monday preceding the Christmas Day Holiday(Monday, December 24, 2012) for 2012 only; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the exchange of one personal floating holiday for the Monday preceding the 2012 Christmas Day Holiday for City employees. June 11, 2012 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. 6k i III I I COUNCIL ITEM MEMORANDUM DATE: June 11, 2012 TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager/Director Building & Community Standards SUBJECT: Resolution Declaring the City of Brooklyn Center's Participation in the State Performance Measurement System For 2012 Recommendation: It is recommended that the City Council consider adoption of a resolution declaring the City of Brooklyn Center's participation in the State Performance Measurement System for 2012. Background: In 2010, the Minnesota Legislature created the Council on Local Results and Innovation that developed a set of ten performance measures for cities and counties to measure the efficacy of basic services provided. The Minnesota State Performance Measurement System is voluntary. However, cities and counties that choose to participate in the new standards measure program may be eligible for a reimbursement in Local Government Aid (LGA) of$0.14 per capita and exemption from levy limits. Cities and counties could choose to follow the standard ten performance measures established by the Council on Local Results and Innovation or submit their own for consideration of approval by the State. Since the City of Brooklyn Center had existing goals and measures that met or exceeded the requirements of Minnesota Statutes Sections 6.90 and 6.91 Local Performance Measurement and Reporting,they were submitted and approved by the State in June of 2011. The Minnesota State Performance Measurement System requires annual reporting. In order to receive the per capita reimbursement in 2012 and levy limit exemption for calendar year 2013, the city must file a report with the Office of the State Auditor by July 1, 2012. This report must include: 1) A resolution approved by the city council declaring that: • The city has adopted and implemented the minimum 10 performance measures developed by the Council on Local Results and Innovation(PDF format). • The city has implemented or is in the process of implementing a local performance measurement system as developed or approved by the Council on Local Results and Innovation(PDF format). • The city has or will report the results of the adopted measures to its residents before the end of the calendar year through publication, direct mailing, posting on the Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust it I COUNCIL ITEM MEMORANDUM entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed (PDF format). • The city has or will survey its residents by the end of the calendar year on the services included in the performance benchmarks (PDF format). 2) The actual results of the performance measures adopted by the city (PDF format) since we were certified for the program in 2011. The following actions have bee n or will bet ken to meet program requirements: 1. The resolution is attached for Council consideration. The City Council adopted the goals and measures by resolution on March 26, 2012. 2. A copy of the goals and measures document will be available on the city website for review. 3. Residents are surveyed at the Neighborhood Area Meetings for certain measures. In addition, an online survey will be available on the City website. Other survey options are being reviewed for future consideration. 4. A copy of the actual results will be sent to the Office of the State Auditor with the report. Budget Issues: The City will receive approximately $4,200 in Local Government Aid and any levy limit exemption limits under Minnesota Statutes Sections 275.70 to 275.74 for participating in the Performance Measurement Program. Council Goals: Ongoing: 3. We will move toward maintaining or lowering the level of the City's property taxes Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING THE CITY OF BROOKLYN CENTER'S PARTICIPATION IN THE STATE PERFORMANCE MEASUREMENT SYSTEM FOR 2012 WHEREAS, in 2010, the Minnesota Legislature created the Council on Local Results and Innovation(CLRI); and WHEREAS, in February 2011, the CLRI released a standard set of performance measures for cities that will aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities in providing services, and measure resident's opinions of those services; and WHEREAS, the City of Brooklyn Center's existing goals and measures met or exceeded the State's standard set of measures and were approved by the State in June of 2011 for use in this program; and WHEREAS, in February 2012,the CLRI created a comprehensive performance measurement system for cities to implement in 2012; and WHEREAS, participation in the state Performance Measurement System is voluntary; and WHEREAS, cities that choose to participate in the new standards measure program may be eligible for reimbursement in LGA and exemption from levy limits. BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that: 1. The city had adopted and implemented performance measures as approved by the CLRS; and 2. The city is in the process of implementing a local performance measurement system as prescribed by the Council on Local Results and Innovation; and 3. The city will report the results of the adopted measures to its residents before the end of the calendar year through publication, direct mail,posting on its website, or through a public hearing at which the budget and levy will be discussed and public input allowed; and 4. The city will survey its residents by the end of the calendar year on the services included in the performance benchmarks; and BE IT FURTHER RESOLVED that the actual results of the performance measures adopted by the city for the program in 2011 will be reported to the Office of the State Auditor by July 1, 2012. i I RESOLUTION NO: June 11 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof- and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DAN STARLING FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION WHEREAS, Dan Starling served on the Brooklyn Center Park and Recreation Commission from June 9, 2008,through May 22, 2012; and WHEREAS, he has made significant contributions as a member of the Park and Recreation Commission, including monitoring and reflecting the attitudes and concerns of the citizens relative to the conservation of environmental resources in the City and to the park system and recreation programs, and advising the City Council of citizen attitudes and policy matters relevant to the conservation,park and recreation functions in Brooklyn Center; and WHEREAS, his leadership and expertise have been greatly appreciated by the Park and Recreation Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Dan Starling is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expressing of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. June 11 2012 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. 7b i COUNCIL ITEM MEMORANDUM DATE: June 4, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donations of Brooklyn Center Lions Club in Support of the 2012 Earle Brown Days Parade, the 2012 Youth Golf League and the Community Gardens Program Recommendation: It is recommended that the City Council consider approval/adoption of a resolution accepting and recognizing the donations from the Brooklyn Center Lions Club. Background: The Brooklyn Center Lions Club has presented to the City donations of Three Thousand Five Hundred Dollars, ($3,500.00), One Thousand Dollars ($1,000.00) and Three Hundred Dollars, ($300.00) and have designated that the donations be used to support the 2012 Earle Brown Days Parade,the 2012 Youth Golf League and the Community Gardens Program respectively. All of these activities benefit greatly from these generous donations. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2012 EARLE BROWN DAYS PARADE, THE 2012 YOUTH GOLF LEAGUE AND THE COMMUNITY GARDEN PROGRAM WHEREAS, the Brooklyn Center Lions Club has presented to the City donations of Three Thousand Five Hundred dollars($3,500),One Thousand Dollars($1,000),and Three Hundred Dollars ($300); and j WHEREAS, they have designated that the donations be used to support the 2012 Earle Brown Days Parade, the 2012 Youth Golf League, and the Community Gardens Program respectively;.and WHEREAS, the City Council is appreciative of these donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. June 11, 2012 Date Mayor ATTEST: City Cleric 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. 7c COUNCIL ITEM MEMORANDUM DATE: June 4, 2012 TO: Curt Boganey, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Donation from Medtronic Foundation in Support of the 2012 Earle Brown Days Fireworks Recommendation: It is recommended that the City Council consider approval/adoption of a resolution accepting and recognizing the donation from the Medtronic Foundation. Background: The Medtronic Foundation has presented to the City a donation of Five Thousand Dollars, ($5,000) and has designated that it be used to p rovide fireworks for the annual 2012 Earle Brown Days Festival. The annual fireworks display is one of the signature events of the Earle Brown Days Festival. Each year the display attracts over two thousand people to Centennial Park and the surrounding area. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION FROM MEDTRONIC FOUNDATION IN SUPPORT OF THE 2012 EARLE BROWN DAYS FESTIVAL WHEREAS, Medtronic Corporation has presented to the City a.donation of Five Thousand Dollars ($5,000) and asked that it be used to provide fireworks as part of the 2012 Earle Brown Days Festival; and WHEREAS, the City Council is appreciative of this donation and commends Medtronic Corporation for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. June 11, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7d I i COUNCIL ITEM MEMORANDUM DATE: June 4, 2012 TO: Curt Boganey, City Manager i FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Proclamation Declaring June 21, 2012 as Dale Greenwald Day in Brooklyn Center Recommendation: It is recommended that the City Council consider approval/adoption of the attached proclamation declaring June 21, 2012 as Dale Greenwald Day in Brooklyn Center Background: The Earle Brown Days Committee has requested that a proclamation be adopted declaring June 21, 2012 as Dale Greenwald Day in Brooklyn Center. Dale has long been an ambassador and advocate for the City of Brooklyn Center. Besides being a Brooklyn Center business owner and a former resident, Dale was one of the founders of the Brooklyn Center Chamber of Commerce and the Brooklyn Center Business Association. Dale also served in many volunteer capacities, including the Earls Brown Days Committee and the Special Events Committee. In addition, Dale and his band Midnight Breeze have provided hours of musical pleasure for residents attending the Earle Brown Days and Honor the Veterans events. In recognition of his contributions, the Earle Brown Days Committee has name Dale Greenwald the honorary parade Grand Marshal and asks that June 21, 2012 be named in his honor. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 4. We will improve the city's image 'I Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people acrd preserves the public trust Prodinumeir DECLARING JUNE 21, 2012, TO BE DALE GREENWALD DAY WHEREAS, Dale Greenwald is one of the founders of the Brooklyn Center Chamber of Commerce; and WHEREAS, Dale Greenwald was involved with the formation of the Brooklyn Center Business Association; and WHEREAS, Dale Greenwald, along with the Brooklyn Center Chamber, helped organize the Heritage Festival, a celebration of diversity; and WHEREAS, Dale Greenwald was a member of the Brooklyn Center Year 2000 Committee which was organized to bring together the civic organizations, schools, citizens and the City to celebrate the Millennium; and WHEREAS, Dale Greenwald served on the Brooklyn Center Special Events Committee from 2001- 2011 with the goal of celebrating Brooklyn Center's Birthday; and WHEREAS, Dale Greenwald has sponsored events at the Earle Brown Days Festival since 1996; and WHEREAS, Dale Greenwald and his Midnight Breeze Band became involved with the Honor Our Veterans program, one of the highlights of Earle Brown Days;and WHEREAS, it is highly appropriate that his service to the community be recognized and expressed; and WHEREAS, in recognition of his commitment to community service and volunteerism in Brooklyn Center, the Brooklyn Center Lions Chub has selected hill, to be Grand Marshal of the 2012 Earle Brown Days Parade. NOW, THEREFORE, 1, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim: June 21, 2012, to be DALE GREENWALD DAY throughout the City of Brooklyn Center. Date Mayor Council Members ATTEST- City Clerk City Council Agenda Item No. 10a i i I i COUNCIL ITEM MEMORANDUM DATE: 5 June 2012 TO: Curt Boganey, City Manager FROM: Daniel Jordet,Director of Fiscal& Support Services SUBJECT: 2011 Comprehensive Annual Financial Report(CA Recommendation: It is recommended that the City Council adopt a resolution accepting the 2011 Comprehensive Annual Financial Report. Background: On Monday evening,4 June 2012,the City Council and Financial Commission met in a joint working session to hear from James Eichten of Malloy,Montague,Karnowski,Radosevich&Co., the City's auditors,about the results of their audit of the City's financial statements for the period ended 31 December 2011. This assembly of financial statements and data is known as the 2011 Comprehensive Annual Financial Report or 2011 CAFR. During the session Mr. Eichten reviewed the purpose of the audit process and the results of his firm's work on the 2011 CAFR audit. Most importantly,the City received an unqualified opinion on the presentation of the 2011 financial information,also known as a clean opinion. This indicates that the accounting and reporting systems for the City conform in all material aspects to the regulations and practices of the Government Finance Officers Association,the Government Accounting Standards Board, and generally accepted accounting principles. Supplemental opinions on Legal Compliance with State of Minnesota regulations and Internal Control and Operational issues indicated that there was an issue to be addressed on timeliness of invoice payments. By State law, all invoices must be paid within 35 days of receipt of invoice or service. One of the invoices sampled exceeded this requirement and should have been paid with an additional 1.5%as a self-imposed penalty. The City also received more than$ 500,000 in Federal financial assistance during 2011. This triggers an additional audit procedure known as the A-133 or Single Audit. It looks for proper receipt, use,recording and reporting on federal financial assistance. The City's awards were for public safety programs through the U.S. Department of Justice, CDBG Rinds used for local assistance and code enforcement activities, and grants to assist in energy conservation activities under the ARRA. In total,the City received $ 879,556 in Federal funding for 2011. During the audit procedures,the City was cited for not disbursing the Public Safety Partnership funds to the Brooklyn Center School District within 10 days of receipt and for not assuring the filing of quarterly reports on the Public Safety Partnership funds. Overall,the information in the 2011 CAFR reveals a City in good financial condition that should continue to monitor itself to insure its continued fiscal responsibility. The attached resolution ratifies the work done by City staff and accepts the CAFR,Audit Opinion, and related materials. Budget Issues: The information from the 2011 CAFR will be used in preparing forecasts and projects for future budgets. However,the 2011 CAFR has no direct impact on the budget. Council Goals: 2. We will ensure the financial stability of the City Mission:Ensuring an attractive,clean,safe,inchisive community that enhances the quality of life for all people and preserves the public trust i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2011 WHEREAS, the City of Brooklyn Center is required by State Statute and City Charter to annually produce financial statements for submission to the Office of the State Auditor by June 30 each year; and WHEREAS, the City of Brooklyn Center is required to provide an auditor's opinion as to the representations in the annual financial statements; and WHEREAS, the financial statements have been audited by the independent CPA firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. as required; and WHEREAS, Malloy, Montague, Karnowski, Radosevich & Co., P.A. opined that the general purpose financial statements present fairly, in all material respects, the financial position of the City of Brooklyn Center as of December 31, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Comprehensive Annual Financial Report for the City of Brooklyn Center for the calendar year ended December 31, 2011, and all supporting documentation, is hereby adopted as the official financial record for the 2011 fiscal year. June 11 2012 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. 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT Finance Department 's Role • Develop operating policies and procedures for conduct of financial activities — Policies subject to City Council Approval • Transact financial business of the City — According to policies and procedures — According to Ordinances and resolutions — According to State and Federal Law — According to the Government Accounting Standards Board (GASB) — According to Generally Accepted Accounting Principles (GAAP) • Account for and report on financial operations of the City — Monthly budget reports — Annual Budget development — Comprehensive Annual Financial Report (CAFR) Auditor 's Role • Opinion on Financial Statements — Financial statements are fairly presented in accordance with U.S. GAAP • Testing of Internal Controls and Compliance — Internal controls over financial reporting — Compliance with laws and regulations related to financial reporting • State Laws and Regulations — Assure compliance with Minnesota laws and regulations • Single Audit of Federal Awards (over $ 500,000 in any year) — Schedule of Federal awards — Internal controls over Federal award programs — Compliance with laws and regulations related to Federal programs I MMKR I KWN L,,k u.%I.u„,.cPA I'M,m,.A.h,rn�w:,hi 1�1'n Paul A.It,J­ h.("P\ 1.fRI IFIF 1) i,vmi(- Ira Hri.h,, ( INDEPENDENT AUDITOR'S REPORT To the City Council and Residents City of Brooklyn Center,Minnesota We have audited the accompanying financial statements of the governmental activities,the business-type activities,each major fund•and the aggregate remaining fund information of the City of Brooklyn Center (the City)as of and for the year ended December 31.2010,which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly,we express no such opinion. An audit includes examining.on a test basis,evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management,as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects•the respective financial position of the governmental activities.the business-type activities,each major fund. and the aggregate remaining fund information of the City as of Dccemher 31.2010.and the respective changes in financial position and cash Flow., where applicable thereof. for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Starulardr,we have also issued a report dated May 26,2011 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws,regulations,contracts,grant agreements,and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing and not to provide an opinion on the internal control over financial reporting or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. (continued) \ta11— Mo ,guc. Aarno ki. Rad.—icb & Cu.. P.A. .e41\x'....1.R..u{..vd•xo,i..w•xtn, .r..h,.Mx. ,in•ryLrR,.n. :.:., an:,•td.r,,:n+: , .<rten ....—L I Auditor 's Opinion and Findings • Financial Statements i — Unqualified or Clean Opinion , • Internal Controls over Financial Reporting — No findings • Legal Compliance Audit Findings — Timely Payment of Invoices; within 35 days of receipt of service • Single Audit of Federal Awards — Timely forwarding for Federal Funds after receipt; must be within 10 days — File reports for ALL quarters of the grant cycle, not just the quarters in which financial activity took place. �I I 2011 Financial Results • Value of the City • Assets $ 153,711,408 • Liabilities $ 25,374,738 • Net Assets $ 1281336,670 • Income and Expenses • Taxes $ 16,713,415 • Grants and Contributions 211871392 • Charges for Service 1419631464 • Other 51761,947 • Revenues $ 39,626,218 • Expenditures $ 32,795,203 • Change in Net Assets $ 6,831,015 2011 Financial Results • Revenues : — $ 16,873,034 against Budget of $ 16,4021573 $ 470,461 • MVHC, Building Permits, LGA, Vacant Property registrations and Rental Conversion Fees • Expenditures : 16,055,951 against Budget of 16,332,573 $ 276,622 • Tra nsfers : — $ 83,405 against Budget of ($ 70,000) $ 153,405 • Net 2011 General Fund Operations $ 900,488 2011 Financial Results • $ 33,332,114 Investments • $ 93,550 Delinquent Property Taxes $ 4,094,282 Assessments Receivable • $ 20,0031417 Total Long Term Debt o $ 18,365,000 Bonds (02/01/2020) o $ 1, 175,408 Compensated Absences o $ 4631009 Pension Obligations �I Requested Action • That the City Council consider a Resolution : — Adopting the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year ended December 3112011 City Council Agenda Item No. 10b i COUNCIL ITEM MEMORANDUM DATE: June 11, 2012 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: Charter Commission Recommendation Regarding Amendment to the City Charter Chapter 9 Relating to Eminent Domain Recommendation: It is recommended that the City Council consider approval/adoption of the enclosed ordinance recommended by the Charter Commission amending Chapter 9 of the City Charter. Background: On May 14th the City Council held a public hearing regarding the subject ordnance, amending the City Charter. An excerpt of the hearing is attached. The City Council moved to table this item until the June 11th meeting City Council Meeting. A unanimous vote of the City Council is required for the proposed amendment to take effect. If the amendment is not passed the Charter Commission has the authority to require a referendum vote on this proposed change. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 7. We will continue to maintain the city's infrastructure improvements Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources Afission:Ensuring an attractive,clean,safe,fnchisive communify that enhances the duality of fife ,for all people anal preserves the public trust CHARTER COMMISSION RECOMMENDATION REGARDING AMENDMENT TO CITY CHARTER CHAPTER 9 RELATING TO EMINENT DOMAIN City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed Charter amendment to include State Statute language relating to use of eminent domain and place specific limitations on the use of eminent domain. The Charter Commission recommends adding the definition of"Public Use" or"Public Purpose" and a sentence to Section 9.03, Payment of Award, indicating: "If the award is not paid, the court, on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land." The Charter Commission also recommends adding a sentence to Section 9.04, City May Dismiss Proceedings, indicating: "The City has a 60 dU period from the initiation by the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties." Mr. Boganey advised that subsequent to this language being published, the Charter Commission met to discuss the concerns expressed by the City Council and considered new language changing the 60-day period to 90-days and additional language indicating: "The City has a 69 90 day period from the initiation (by resolution) of the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by parties of interest." However, this new language has not yet been presented as a substitute by the Charter Commission. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Eric Pone, 4747 Twin Lake Avenue N., Vice Chair of the Charter Commission, indicated the proposed language is in response to events that have occurred, many of which have lead to legislative action. Mr. Pone presented the move from 60 to 90 days as a compromise to provide an adequate timeframe for the City Council to discuss, make its decision, and provide speed of W action. It was not meant to replace discussion within the City Council or remove its power, but p Y p to augment and provide a simplified and defined process. Mr. Pone stated the second change requires action by resolution, rather than initiation. The third change requires parties of interest to agree with an extension, which removes the potential for someone to get involved who does not have an interest in the action. Mr. Pone stated the Charter Commission hopes this is a level of compromise. He advised there has been some Charter Commission discussion towards a ballot measure because it feels this is extremely important, it will make the Council's "lives" easier, and protect the landowners of Brooklyn Center. Mark Yelich, 6018 Beard Avenue N., Charter Commissioner, commented on the purpose of eminent domain and modification made by the State Legislature due to misuse. He stated the Charter Commission favors incorporating those changes into the Charter to protect residents against Legislatures that may change State Statute. The added language also gives Brooklyn Center property owners additional recourse should the City not react as required by State Statute. Mr. Yelich stated in the interest of protecting Brooklyn Center property owners against potentially disruptive action, the City needs to do its homework prior to proceeding with eminent i domain. He thinks residents would be su pp ortive and encouraged the City Council to be supportive as well and vote to approve the changes recommended. Robert Marvin, 4711 Twin Lake Avenue N., Charter Commissioner, echoed comments by Messrs. Pone and Yelich. He indicated the Charter Commission is pretty much unanimous in supporting the Charter changes. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. AN ORDINANCE AMENDING CHAPTER 9 OF THE BROOKLYN CENTER CITY CHARTER REGARDING EMINENT DOMAIN City Attorney LeFevere addressed the three language amendments under consideration and advised that while revising from a 60 day period to a 90 day period is an improvement and conforms to the quick take provision in State Statute, it does not change the effect on what the City can or cannot do on a condemnation if not a quick take action. If beyond 90 days, the City would not have the option to abandon condemnation actions due to change in circumstances, such as the property is no longer needed for a roadway, or the condemnation award is too high and the City decides to not proceed. In those cases where not a quick take, the City would not have the ability to back out and would be required to proceed unless all parties affected agree to an extension. Mr. LeFevere noted the second amendment to initiate by resolution is an improvement so it is known when the 90 days starts to run. He stated the intent of the third amendment to add "parties of interest" may be to protect the individual land owner; however, it may enable other parties involved in the action that frustrates the intent of the Charter Commission. Mr. LeFevere stated he is not sure of the intent of this change but assumes it means all parties to the legal action of the condemnation that are named in the proceeding. Mr. Boganey noted there could be parties of interest who are not aligned with the interest of the landowner. As a result of those interests, the 90-day timeframe could be missed even though the landowner may be willing to grant an extension. Mr. LeFevere confirmed that could occur and override the interest of the landowner. The City Council discussed the proposed Charter amendment and asked questions of City Attorney LeFevere relating to impacts resulting from including a timeframe in the Charter. Mr. LeFevere advised that under the proposed amendment, the City can no longer abandon the process after 90 days and has to acquire the property, even if the award is more expensive than expected or it is no longer in the public interest to proceed. Currently, if the City Council decides to not proceed, it is required to pay the landowner's costs and attorney fees. It was noted that properties requiring environmental remediation often involve extended periods of time to resolve issues with all governmental agencies. The City Council stated its appreciation to the Charter Commission for its consideration and acknowledged that the Legislature has already restricted the use of eminent domain for a worthy public purpose (acquiring right-of-way for streets/utilities) and it can no longer be used for economic development. The City Council indicated that while it was reluctant to consider the use of eminent domain, reservations were expressed with considering a timeframe because it would"tie the City's hands" and not be the most conservative action for the City. City Attorney LeFevere explained the first Charter language came to the City Council without previous dialogue and because the Charter Commission did not withdraw the amendment, the City was forced to publish notice in the paper and hold a Public Hearing. The new language had been received on May 11, 2012, in the form of the Charter Commission's meeting minutes but not presented in a formal manner. Mr. LeFevere advised the City Council can take action on the original amendment as the Public Hearing has been held and also has the opportunity to provide comment on the new language that has not yet been formally presented to the City Council. Mr. Boganey indicated the City Council has 30 days from tonight to act on the original proposal and sufficient time to place the language on referendum. Following discussion, the City Council agreed the current Charter language was suitable, protected the City, and it was-uncomfortable adding time constraint language to the Charter. In addition, the proposed language mirrors State Statute but should a future Legislative action change the law, the Charter language would remain and may be more restrictive than State-law. The Council noted State law governs eminent domain, provisions already exist to protect the interests of the landowner, and it was unsure what the proposed Charter amendment would "fix" since no abuses have come forward. The City Council asked the Charter Commissioners to bring back Councilmember's comments on the new language and see if they are comfortable changing the language to not include the 90 day time period,which would assure the City's and citizen's best interests are considered. Councilmember Lasman moved and Councilmember Kleven seconded to table consideration of An Ordinance Amending Chapter 9 of the Brooklyn Center City Charter Regarding Eminent Domain, to provide the Charter Commission an opportunity to have dialog and make a formal proposal. Mayor Willson offered a friendly amendment to table to the June 11, 2012, Council meeting. Councilmembers Lasman and Kleven accepted the friendly amendment. Motion passed unanimously. COUNCIL ITEM MEMORANDUM DATE: May 14,2012 TO: City Council FROM: Curt Boganey, City Man e SUBJECT: Eminent Domain Background: On tonight's agenda there is an item, related to Eminent Domain. On Friday, I received the attached information from the Charter Commission Secretary. I believe it is the intent of the Charter Commission to present this information to the City Council as a revision to the proposed amendment to the City Charter. Perhaps there will be a representative of the Charter Commission at the meeting to address this issue. If this language is officially presented to the Council as a new proposed Charter Amendment, once it is received by the City Council, the clock starts and a new public hearing must be scheduled. Alternatively the City Council may choose to accept that language tonight as substitute language for the original proposed amendment; in which case the Council may vote to approve or disapprove the new language. For the amendment to take affect a unanimous vote is required. Failure to approve the proposed amendment leaves the Charter Commission with the option of making additional revisions that the full Council will find acceptable, requesting a public referendum or leaving the current language unchanged. Mission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life for all people andp•eserves the public trust COUNCIL ITEM MEMORANDUM DATE: May 10, 2012 TO: City Council FROM: Curt Boganey, City Manage SUBJECT: Charter Commission Recommendation Regarding Amendment to Chapter 9 Relating to Eminent Domain An Ordinance Amending Chapter 9 of the Brooklyn Center City Charter Regarding Eminent Domain Recommendation: It is recommended that the City Council open the Public Hearing; take input; close the Public Hearing; and take action on the ordinance. Background: On March 12, 2012, the City Council received a recommendation from the Charter Commission regarding amending Chapter 9 of the City Charter relating to Eminent Domain. The City Council requested City Staff to prepare comments with regard to the pros and cons of the proposed amendment. On March 26th the City Council reviewed the comments prepared by the City Attorney and directed that those comments be provided to the Charter Commission for its review and consideration. On April 12th the Charter Commission met and emailed a copy of the draft minutes to the City Clerk on April 17th. A copy of the minutes are attached. On May 1, 1 sent an email to the Charter Commission Chair asking if he would be presenting the Commission recommendations to the City Council showing any changes that are being proposed. On May 6th I was notified that the Chair will not be in attendance at the May 14th meeting and we have not received a revised recommendation from the Charter Commission. Based on the draft minutes, it appears that the Charter Commission will be coming forward with a proposed revision to the language previously submitted to the City Council. It seems that given the indication fiom the Charter Commission that they are proposing to revise its recommendation, denial of the proposed ordinance would be in order. The Council may choose to wait to receive the proposed revisions to the original ordinance and then act on the new ordinance or the Council may wish to discuss the proposed changes based on the draft minutes and communicate with the Charter Commission regarding the changes as described in the minutes before a formal recommendation is made to the City Council. Mission:Ensuring an attractive,clean,safe;inclusive community that enhances the quality of life for all people and preserves the public trust i COUNCIL ITEM MEMORANDUM Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans 7. We will continue to maintain the city's infrastructure improvements Mission:Ensuring an attractive,cleat,safe,inclusive community that enhances the quality of life for all people and preserves the public trust i I DATE: May 8,2012 TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Charter Commission Recommendation Regarding Amendment to City Charter Chapter 9 Relating to Eminent Domain — An Ordinance Amendin g Chapter ter 9 of the Brooklyn Center City Charter Regarding Eminent Domain Background: March 12, 2012 — City Council received a recommendation from the Charter Commission regarding amending Chapter 9 of the City Charter relating to Eminent Domain; City Council requested City Staff to prepare comments with regard to the pros and cons of the proposed amendment. March 26,2012—City Council reviewed and discussed the City Attorney's comments regarding the Charter Commission's recommendation. The City Council directed City Staff to provide a copy of the report to the Charter Commission for its review and consideration. March 29, 2012—City Manager sent letter to Charter Commission Chair with draft City Council minutes and City Attorney's comments. April 12, 2012 — Legal notice of Public Hearing published in Brooklyn Center Sun-Post newspaper. April 12,2012—Charter Commission met. April 17;2012— Charter Commission Secretary e-mailed City Clerk the April 12, 2012, Charter Commission draft minutes. May 1, 2012 — City Manager e-mailed Charter Commission Chair inquiring if he or another Charter Commission Member would be present at the May 14, Public Hearing to present the current Charter Commission recommendation regarding amendments to Chapter 9, Eminent Domain and requesting in writing the strikeouts and changes to the previous recommendation. May 6, 2012 — Charter Commission Chair e-mailed City Manager notifying that he will not be present at the meeting, but he invited other Charter Commission Members to attend; no documentation was provided for the May 14 City Council meeting. Attached for your review are materials from the March 12, and March 26, 2012, City Council meetings. i (DRAFT)MINUTES OF APRIL 12,2012 BROOKLYN CENTER CHARTER COMMISSION MEETING Called to order by Chairman Stan Leino at 6:37 PM Roll Call Present: Secretary Gary Brown called roll: Stan Leino Gary Brown, Gail Ebert,Robert Marvin,Harold Middleton, Mary O'Connor,Eileen Oslund,Eric Pone,Bee Yang,and Mark Yelich. Absent:Ellen Davis,Nathan Lackner,Renita Whicker Excused Absences:Ed Nelson Consideration of Minutes Chairman Leino determined that since the minutes of January 19 and February 4,2012,were mot included with the meeting notice,that approval will be considered at the next meeting when the minutes can be included with the notice. Old Business a. Nominations for Secretary position. Gary Brown agreed to continue in the roll of secretary. Motion by Marvin seconded by Yelich to nominate Gary Brown for Secretary. Motion by Marvin and seconded by Pone to close the nominations,passed unanimously. b. Reaffirmation of Recommendations of No Change to Sections 4.01 and 4.02 of City Charter from 2010. Chairman Leino was directed by those members who were on the Charter Commission in 2010 to send a letter to City Manager Curt Boganey that reaffirms the Commission's position that there are no changes needed in the City Charter to hold'a City election and that in the opinion of the Charter Commission,the City Charter is not in violation of'state statute. c. City Council's reaction to Charter Commissions revision to eminent domain(Chapter 9). After considerable discussion by all members of the Charter Commission,a motion was made by O'Connor, . seconded by Pone to revise the proposed new provision in Chapter 9.04 from 60 days to 90 days to conform to the 90 day quick take provision in state statute. Yelich offered a friendly amendment, seconded by Marvin(accepted by O'Connor and Pone)to add in parenthesis(by resolution)after the word initiation and later in the sentence crossing out the word"all"before parties and adding the words"of interest"after the word parties so that the sentence will now read: The city has a 90 dgy period from the initiation(by resolution)of the city council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by parties of interest. Pone moved to call the question and Yelich seconded and motion passed unanimously. Chairman Leino then called the question and the changes were approved unanimously 104. New Business a. Ward vs.At-large for City Council seats. Chairman Leino gave a brief overview of previous discussions by the Charter Commission. Timothy Franklin,6718 Bryant Avenue N.,B.C.then passed.out a memo written by Mike Parks relating to the racial issues and lack of representation of an"at-large"system vs. a ward system for City Council representation. Ruthy Dallas ,6419 Emerson Avenue N.,B. C.stated that there was a need to get more citizens involved in city government and that a"Ward"system does a better job of providing representation to the citizens. Pone made a motion,seconded by O'Connor to appoint a sub-committee of the commission to consist of Ebert,Marvin,Pone, and Yelich to study the"At-large vs.Ward"issue and come back with recommendation by the next meeting of the Charter Commission,passed unanimously 10-0 Future meeting dates:May 10,2012,6:30 PM. Motion by Marvin,seconded by Middleton to adjourn the meeting at 9:47 PM.Passed unanimously(10-0). Submitted for consideration, Gary E.Brown, Secretary www.MinnLocal.com LacaL all reasonable costs and expenses City of Brooklyn Center w ceeding(s dismissed,the City shall pay in- (Official Publication) curred by the condemnee including attor- ney's fees.The City has a 60 day period Notice Is OF even that a CENTER hear- from the initiation by the City Council of hereby g p eminent domain to dismiss roceedings ing will be held on the 14th day of May unless an extension is stipulated and 2012 at 7 p.m,or as soon thereafter as agreed to by all parties. the matter may be heard at the City Hall, 6301 Shingle Creek Parkway,to consid- Section 9.05. CITY MAY TAKE ENTIRE MEDIA er an ordinance amending Chapter 9 of PLANT.lithe City condemns a public util- AFFIDAVIT OF PUBLICATION the Brooklyn Center City Charter regard- ity which is operated at the time of the ing eminent domain. commencement of the condemnation STATE OF MINNESOTA Auxiliary aids for persons with disabilities proceeding as one property or one sys- are available upon request at least 96 d m,it shall note be necessary in the con- hours in advance. Please contact the emnationprocedingsoranyofthepro- SS, ceedings of the Council,to describe or COUNTY OF HENNEPIN City Clerk at 763.569-3300 to make treat separately the different kinds of arrangements, property composing such system;but all Richard Hendrickson being ui ORDINANCE NO. of the property,lands,articles,franchis- es, franchise values,and rights which an oath,states or affirms that he is the Chief AN ORDINANCE AMENDING CHAP- comprise such system may,unless oth- Financial Officer of the newspaper(s) TER 9 OF THE BROOKLYN CENTER erwise ordered by the court,be treated known CITY CHARTER REGARDING EMI- together as one property and an award as NENT DOMAIN for the whole property in one lump sum Brooklyn Park, Brooklyn Center Sun-Post THE CITY COUNCIL OF THE CITY OF may be made by the commissioners or BROOKLYN CENTER DOES ORDAIN other body assessing the damages on AS FOLLOWS: condemnation.This does not preventthe City,when the plant and property are Section 1.Brooklyn Center City Charter, separable into distinct parts,from acquir- and has full knowledge of the facts stated Chapter 9,Eminent Domain,is amended (ng only such part or parts thereof asmay below: as follows: be necessary in the public interest. (A)The newspaper has complied with all of CHAPTER 9 Section 3. This ordinance shall be ef- fective re uirements constituting ualifica- EMINENT DOMAIN after adoption and publication. (90) q g q days following its legal publication. tion as a qualified newspaper as provid- Section 9.01. POWER TO ACQUIRE Adopted this day of 2012. ed by Minn. Stat. §331A.02, §331A.07, PROPERTY. The City may acquire by purchase,gift,devise,or condemnation, and other applicable laws as amended. any property,real or personal,corporeal Mayor (B)The printed public notice that is attached or incorporeal,either within or without its ATTEST: corporate boundaries, which may be City Clerk was published in said newspaper(S) needed by the City foraaya public use or duce each week,for one Successive P ubk purpose. Easements for slopes, Date of Publication: fills,access,drainage,sewers, building week(s);it was first published onThurs- lines,poles,wires,pipes,and conduits for Effective Date: day,the 12 day of April water,gas,heat,and power may be ac- (StFjl e,e tt indicates matter to be deleted, 2012 and was thereafter tinted a_' qqufred by gift,devise,purchase,or con- underline indicates new matter.) p demnation In the manner provided by published on every Thursday to and in- law• (Apr.12,2012)P1-EminentDomain cluding Thursday, the ___ day of Subdivision 1. Public use;public our- ,2012;and printed pose• below is a copy of the lower case alpha- (means exbcipsusee"or'Public purpose" bet from A to Z, both inclusive,which is (1) the possession,occupation.owner- hereby acknowledged as being the size Ship and en(oyment of the land by the and kind of type used in the composition general public,or by public agencies: and publication of the notice: (2) the creation or functioning of a public service corporation:or abcdef hf klmnopgrstuvwxyz (3) mitigation of a blighted area,remedf- i ation of an environmentally contaminated area,reduction of abandoned property. /j or removal of a Public nuisance. . G (b) The Public benefits of economic de- vetopment including an increase in tax BY; base,tax revenues,emoyment.or gen- eral economic health,do not by them- FO selves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN AC- QUIRING PROPERTY.The necessityfor Subscribed and sworn to or affirmed the taking of any property by theCityshall before me on this 12 day of be determined by the Council and shall y be declared by a resolution which shall April 2012, describe such property clearly and state the use to which it is to be devoted.In ac- quiring property by exercising the power of eminentdomain,the City shall proceed according to the laws of this state,except as otherwise provided In this charter. Notary Public Section 9.03.shall,wthin seventy(70)days after the filing of the commissioner's re- " a Af�eidF�^�^�t� 4�u�3E �Ae'a°i� part,or in case of an appeal within forty five(45)days after the final judgments or y � DIANE L.ELIASON stipulations of settlement thereon, pay any award of damages allowed pursuant NOTARY PUBLIC-MINNESOTA F to this section and State law whether by My Comm.Exp.Jan.31 201E the commissioners or upon appeal, lithe award Is not paid:the court,on motion of the owner of the land,shall vacate the award and dismiss the proceedings against the land. Section 9.04.CITY MAY DISMISS PRO- CEEDINGS.The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the pro- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of May 2012 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway,to consider an ordinance amending Chapter 9 of the Brooklyn Center City Charter regarding eminent domain. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Cleric at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 OF THE BROOKLYN CENTER CITY CHARTER REGARDING EMINENT DOMAIN THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Charter, Chapter 9, Eminent Domain, is amended as follows: CHAPTER 9 EMINENT DOMAIN Section 9.01. POWER TO ACQUIRE PROPERTY. The City may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries,which may be needed by the City for any a public use or public purpose. Easements for slopes, fills, access, drainage, sewers,building lines, poles, wires,pipes, and conduits for water, gas, heat, and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. Subdivision 1. Public use;public purpose. (a) "Public use" or"Public purpose"means exclusively: (1) the possession, occupation, ownership, and enjoyment of the land by the general public, or by public agencies; (2) the creation or functioning of a public service corporation; or (3) mitigation of a blighted area, .remediation of .an environmentally contaminated area, reduction of abandoned property, or removal of a public nuisance. i ORDINANCE NO. (b) The public benefits of economic development, including an increase in tax base, tax revenues, employment or general economic health, do not by themselves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity for the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the City shall proceed according to the laws of this state, except as otherwise provided in this charter. Section 9.03. PAYMENT OF AWARD. The City shall, within seventy(70) days after the filing of the commissioner's report, or in case of an appeal within forty-five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. If the award is not paid the court on motion of the owner of the land shall vacate the award and dismiss the proceedings against the land. Section 9.04. CITY MAY DISMISS PROCEEDINGS. The City may dismiss all or part of the property being acquired in a condemnation proceedings so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the proceeding is dismissed,the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. The City has a 60 da period eriod from the initiation by the City Council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties. Section 9.05. CITY MAY TAKE ENTIRE PLANT. If the City condemns a public utility which is operated at the time of the commencement of the condemnation proceeding as one property or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands, articles, franchises, franchise values, and rights which comprise such system may, unless otherwise ordered by the court, be treated together as one property and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages on condemnation. This does not prevent the City, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. ORDINANCE NO. Section 3. This ordinance shall be effective after adoption and ninety (90) days following its legal publication. Adopted this day of 2012. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (c+,. �indicates matter to be deleted, underline indicates new matter.) �I I I'I City Brooklyn Center Office of the City Manager yf y A Millennium Community Cornelius L.Boganey City Manager 763-569-3303 cboganey&l.brooklyn-center.mn.us March 29,2012 Mr. Stan Leino, Chair Charter Commission 7118 France Avenue North Brooklyn Center MN 55429 Dear Chair Leino: At its March 26, 2012,meeting,the Brooklyn Center City Council reviewed and discussed the City Attorney's memorandum dated March 22, 2012,relating to the Charter Commission proposed amendment to the Brooklyn Center City Charter. The City Council accepted the staff report regarding the effect of the Charter Commission proposed changes to the City Charter and directed that a copy of the report be provided to the Charter Commission for its consideration. Enclosed is a copy of the City Attorney's memorandum, as well as an excerpt from the draft minutes of the March 26 City Council meeting pertaining to the proposed Charter amendment. Please provide these materials to the Charter Commission for review and discussion at its April 12 meeting. You may also wish to watch the City Council discussion of this item online at www.cityofbrooklyncenter.org. To meet the requirements of State Law,the Public Hearing notice will be published in the Sun Post on April 12,2012,setting the Public Hearing date for May 14,2012. Should you need any additional information,please feel free to contact me. Sincerely, Cornelius L. Boganey City Manager cc: City Council Our Mission: An attractive,clean,safe community that enhances the quality of l fe and preserves the public trust 6301 Shingle Creek Parkway Recreation and Community Center Phone&TDD Number Brooklyn Center, MN 55430-2199 (763)569-3400 City Hall& TDD Number(763)569-3300 Fax(763)569-3434 Fax(763)569-3494 www.Cityofbrooklyncentei-.org March 26, 2012 City Council Agenda Item i I previously issued a Type III Rental License that expired on November 30, 2011. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Kleven seconded to approve the issuance of a Type IV six-month provisional. rental license and mitigation plan for 5245-5247 Drew Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10e. ACCEPTANCE OF STAFF REPORT REGARDING PROPOSED AMENDMENT TO BROOKLYN CENTER CITY CHARTER Mr. Boganey introduced the item, discussed the history, and recommended the assessment of the proposed Charter Amendment. relating to eminent domain be provided to the Charter Commission. Councilmember Ryan stated the Charter Commission presented an amendment to the City Charter at the last meeting. He asked if it would impact the timing of notification and public requirements, and the subsequent requirement for a Public Hearing, and should the Charter Commission determine to amend some of the language. City Attorney Charlie LeFevere advised in that case the best course for the Charter Commission would be to withdraw the original proposal, which would relieve the deadlines, and then submit new language and restart the process. Mr. Boganey explained that based on the date the City Council received the report,the ordinance language must be published no later than Thursday, April 12, 2012, so it would have to be submitted to the Sun Post by April 5, 2012. He noted that should the Charter Commission withdraw its original request, the City Council can determine whether to cancel the Public Hearing date. Mr. LeFevere described the two methods the Charter can be amended, via unanimous support of the City Council or vote of the electorate. In addition to forwarding this report to the Charter 03/26/12 -9- DRAFT Commission, Mr. LeFevere indicated it may be advisable to inform the Charter Commission if one or more City Councilmembers are not willing to consider this amendment. In that case, the Charter Commission could then decide if it wanted to submit a Charter amendment for the election, or determine to open dialogue with the City Council and try to reach an agreement. Mayor Willson stated he.was very clear at the last meeting that he would not support the language the Charter Commission recommended due to the 60-day time limit that would result in the City being unable to withdraw from an eminent domain proceeding. In addition, there is a question of when and what triggers the 60-day period. Mayor Willson noted State Statutes already negate the ability for the City to.use eminent domain as it has been used in the past and he sees no reason to make the City's Charter more stringent and place the City at more risk. Councilmember Lasman concurred and noted additional concerns relate to points mentioned by Mr. LeFevere in the memorandum. She indicated if a proceeding is dismissed, all arties/a envies in a condemnation action would have to be in agreement, which could be a p g disadvantage to the land owner and the City. She stated she also has reservations and hopes after the-Charter Commission reads the staff memorandum it will take under advisement the points made by the City Attorney. Councilmember Ryan noted much of the Charter Commission's proposed amendment language echoes language in present State Law, which takes precedence over the City Charter. He felt the proposed amendment would place administrative rules in the Charter, which seems to be redundant. Mr. LeFevere stated the first part of the proposed amendment is the definition of public use and public purpose and identical to the State Law so it is not legally necessary. However, if State law is changed at some point in the future to give the City greater power, this amendment would hold the City back. . Mr. LeFevere described the consideration of the Legislature when it severely restricted the ability of cities to use eminent domain in its 2006 amendment and the resulting impact. He explained that in cases where the City is doing a public project (i.e., street), the project is typically in the CIP and the City does not want to wait to complete a condemnation process so instead it uses a quitclaim process to get title of the property within 90 days and after that point the City cannot back out. Councilmember Ryan stated the final clause of the proposed Charter amendment could cause difficulties for the City under circumstances of taking property for a defined public purpose (road, right-of-way). Mr. LeFevere advised it could also be for a development such as to remediate a contaminated site. He described the process for such an undertaking with the 60-day limitation and how it would take away the power of the City to protect tax dollars. Councilmember Ryan stated his concern with the proposed Charter amendment language, finding it would tie the hands of this and future City Councils. Councilmember Myszkowski stated Members have already addressed the many difficulties with the proposed Charter amendment and she found that the State Statutes were restrictive enough. She indicated she had pondered the 60-day limitation, which perhaps offered to create a situation where the City would never consider eminent domain. Councilmember Myszkowski stated she found the amendment to be dangerous in many ways and hopes the Charter Commission is amenable to reconsidering. 03/26/12 -10- DRAFT Mayor Willson indicated the Charter Commission has every right to propose language to the City Council and if the City Council is unanimous in accepting the recommendation, the Charter is altered. However, if one Council Member does not support the recommended change to the Charter, the Charter Commission has every right to then put that question before the citizens for a vote at an election. Mayor Willson stated should that occur, he would prefer it dovetail with a general election. Mr.. LeFevere advised the Charter Commission could be asked to consider the City Council's support to consider an amendment at the next general election to avoid the expense of a special election. Mayor Willson estimated it cost $10,000-$12,000 to conduct a special election. Mr.Boganey confirmed the cost of the last special election was in that range. Councilmember Kleven stated she agrees with comments by other Members that the proposed Charter language-is more restrictive than State law and she hopes the Charter Commission will reconsider and dismiss their amendment proposal. Mayor Willson stated at the previous City Council meeting, Charter Commission Chair Stan. Leino indicated he would ask the Charter Commission to meet earlier and would convey that the City Council was not comfortable with the language. Mr. Boganey advised the next Charter Commission meeting is scheduled for Thursday,April 12,2012. Councilmember Lasman moved and Councilmember Myszkowski seconded to accept the staff report regarding the effect of the Charter Commission proposed changes to the City Charter Section Chapter Nine, Eminent Domain, and direct that a copy of the report be provided the Charter Commission for its consideration. Motion passed unanimously. 10f. (FORMERLY CONSENT AGENDA ITEM NO. 6C) RESOLUTION NO. 2012-51 ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS. Mr. Boganey introduced the item and presented the language of the revised resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt Resolution No. 2012-51 Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • March 15,2012,Art Show for District 281 • March 15,2012,Planning Commission Meeting • . March 17,2012,Third Annual Spelling Bee Judge for District 281 Elementary Schools 03/26/12 -11- DRAFT COUNCIL ITEM MEMORANDUM 'DATE:; March-22, 2012 TO:' City Council FROM: Curt Boganey, City Managq!1A, SUBJECT: Eminent Domain-=Proposed Charter Amendment` i Recommendation: It is recommended that the City Council .consider :acceptance of-the::report. and direct its' submission to the.Charter Commission for consideration. Back gr-ound: ...: ' On March-12th 2012 ahe City Council received a report from the-Charter Commission wherein it:: recommended that the City Council adopt an ordinance (enclosed) amending the City Charter Chapter Nine- Eminent Domain.:During the presentation several question werezaised regarding value and the.effect that this amendment would have. on the City's ability to:use eminent domain as a way acquiring property-for a public purpose/use. The City Council asked the staff(minutes excerpt enclosed) to provide-the Charter Commission with the-pro s and cons of their recommendation. The City Attorriey has drafted an assessment of. these.effects for your ac ceptance.and direction. Budget Issues: There:are no budget issues to consider. Council-Goals: . : .: : : Select not more than two. Strategic: L` We will proeeed.aggressively with implementation of City's redevelopment plans 3. We Will stabilize andi mprove residential neighborhoods ,1iss)t�n:Ensuring tin(ittract)ve,Wan,safe comnundly that enhances the ggallt)-ofllfe,andpyserves fire public trust' ,i i Charles L.LeFevere 2 3 .sSG 4 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 "T (612)337-9215 telephone (612)337-9310 fax a VTerl clefevere @kennedy-graven.com http://www.kennedy-graven.com CHARTERED MEMORANDUM Date: March 22,2012 To: Curt Boganey From: Charles LeFevere Re: Proposed Amendment to Brooklyn Center City Charter At the regular City Council meeting of March 12, 2012,the Brooldyn Center Charter Commission proposed to the City Council an amendment to the City Charter, for adoption by.ordinance. The City Council requested that staff prepare comments on the proposed amendment for consideration by the City Council. The first part of the amendment relates to Charter Section 9.01,which gives the City the authority to . acquire property. The first sentence of Section 9.01 currently reads "The city may acquire by purchase, gift, devise, or condemnation, any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for public use or purpose." The proposed Charter amendment would amend the last clause to read "for a public use or public purpose". I believe that this would not change the meaning of the Charter but apparently the Charter Commission felt it was important for purposes of clarification. The Charter Commission also proposed to add a new subdivision 1 to Section 9.01 which would define"public use" or"public purpose". The definition is exactly the same(with the exception of a missing comma) as the definition in state law under Minn. Stat. § 117.025, Subd. 11. This amendment to the Charter would not change the law relating to acquisition of property by eminent domain since the provision in state law already controls acquisitions by the City of Brooldyn Center. Minn. Stat. § 117.012, Subd. 1 provides that "Notwithstanding any other provision of law, including -any charter provision, ordinance, statute, or special law, all condemning authorities, including home rule charter cities, and all other political subdivisions of the state,must exercise the power of eminent domain in accordance with the provisions of this chapter, including all procedures, definitions, remedies, and limitations. Additional procedures, remedies, or limitations that do not deny or diminish the substantive and procedural rights and protections of owners under this chapter may be provided by other law, ordinance, or charter." 400441v1 CLL BR291-7 1 Subdivision 2 of the same section provides that"Eminent domain may only be used for a public use or public purpose." State law mandates that acquisition of properly by eminent domain can only be for a public use or public purpose, as that term is defined in Minnesota Statutes. Therefore,it is not necessary to make the change proposed to Section 9.01, since state law has already made that change, and specifically supersedes any inconsistent charter provisions. However, it is also true that, because state law already mandates this change, the change will have no adverse effect on the City and its authority to acquire property, at least as long as the state law remains the same as it is now. The second change proposed in the Charter amendment would add a sentence to Section 9.03. Section 9.03 currently provides a deadline within which the City must pay a condemnation award determined in accordance with the procedures of state law. That deadline is either 70 days after the filing of a commissioners' report or 45 days after the final judgment, whichever applies. As it currently stands, if the City failed to make such a payment, the condemnee could seek an order of the Court to pay the award. The proposed Charter amendment would add a sentence providing that "If the award is not paid the court on motion of the owner of the land, shall vacate the award and dismiss the proceedings against the land." The City,of course, could avoid leaving the condemnation dismissed by paying the award within the time deadline. However, if, due to any administrative error or mistake, the City failed to make timely payment in accordance with the requirements of Section 9.03,the Charter amendment would provide for dismissal of the proceedings. This would mean that, if the City still wanted the land, it would have to start over with a new condemnation proceeding, which would not necessarily be in the interest of the taxpayers. The proposed change to the Charter that could have the greatest effect on the City is a proposed amendment to Section 9.04. Under the current language of 9.04,the City has the ability to dismiss a condemnation action. However, if the City decides to abandon a condemnation,for any reason,the City is required by Section 9.04 to pay all reasonable costs and expenses incurred by the condemnee, including attorneys' fees. This provision was apparently intended to reimburse the landowner for costs, expenses and attorneys' fees incurred as a result of the eminent domain proceedings. The proposed Charter amendment would add a sentence to Section 9.04 providing that "The city has a 60 day period from the initiation by the city council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties." 1 I see three potential issues with this proposed amendment. The first is that "The initiation by the city council of eminent domain" is not a legally defined event. There are a number of steps taken by the City Council and the City in the initiation of eminent domain proceedings, and without specifying which step is intended to start the 60 day period running, there could be confusion about when the 60 day deadline expires. The second issue is that the proceeding is dismissed unless"an extension is stipulated and agreed to by all parties." There may be many parties to a condemnation proceeding,including all parties who have an interest in the property. The primary party in interest is usually the landowner. However, mortgagees, easement holders,tenants, and others may also be named in a condemnation action. It 400441v1 CLL BR291-7 2 could occur that a landowner was willing to grant an extension (that is, the landowner wished to agree with the city abandoning the condemnation), but an easement holder or a mortgagee, might not be willing to consent. Therefore, if the intent of this amendment is to provide some protection to the landowner,that could be frustrated by any other parry to the condemnation who did not wish to allow the dismissal. The third issue is the one that could have the greatest potential impact on the City's taxpayers. Under current law, if the City decides not to proceed with a condemnation action because circumstances have changed, it can abandon the action without paying the award or acquiring the property,provided that it pays the condemnee all of the condemnee's costs and attorneys' fees. The change in circumstances might be,for example, a case where the property was no longer needed for the original public purpose. This change in circumstances might not occur within 60 days. If it occurred after 60 days, and the landowner was not willing to allow the city to abandon the proceedings, the city would be required to complete the proceedings, acquire the property, and pay the landowner, even though the property was no longer needed for public purposes. This acquisition would be paid for by taxpayer dollars. Another reason for abandoning a condemnation action is that the condemnation award, determined by the commissioners or the court, is'so much higher than the estimated cost, that the city. decides the cost is not justified by the public benefit of acquiring the property. The City Council might decide, in such a case; that the expenditure of tax dollars for acquiring the property could not be justified. If the proposed Charter amendment were adopted, the City Council would not have the ability to protect the taxpayers' dollars in this way. I assume that the purpose of the proposed addition to Section 9.04 is to provide some additional protection to the landowner. In most cases today,this additional protection may not be needed. The 2006 amendments to the law relating to condemnation so severely restricted the ability of public authorities to condemn land that the great majority of condemnations now are for simple projects like streets, road widening, utility easements, and the like. In these cases, acquiring authorities typically use the so-called "quick-take" procedure provided by Minn. Stat. § 117.042. Under.this quick-take procedure,the acquiring authority does not have to wait to acquire title and possession to the property until all of the legal proceedings relating to the condemnation have been exhausted. Rather,the acquiring authority can take title and possession to the property 90 days after notification to the property owner of intent to take title in this way. Before taking title and possession,the City is required to pay to the owner, or deposit into court, an amount equal to the acquiring authority's approved appraisal of value. Once title and possession is transferred. (which usually occurs at around 90 days), the title to the land or interest in the land is owned by the City, and the final determination of the amount paid to the condemnee is made at a later date, when the condemnation procedures are finalized. Once title and possession is transferred, the City is no longer free to abandon the condemnation proceedings. Therefore, in all such cases involving quick-take, the condemnee has the same protection as that which would be given to the landowner under the proposed amendment, although the City's ability to abandon the procedure would end after 90 days rather than after 60 days. 400441v1 CLL BR291-7 3 March 12 , 2012 City Council Agenda Item I RENEWAL (TYPE I—three-year license) 4907 651h Avenue N. William Bjerke 1807 70"Avenue N. Passed w/Weather Deferral Rebecca Thomley 6626 Camden Drive Jeremy Ronnebaum Sutton 7215 Girard Avenue N Rebecca Thomley TOBACCO RELATED PRODUCT Regal Dollar and Tobacco, Inc. 615 66th Avenue N. 6e. RESOLUTION ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS This item was removed from the agenda. 6d. RESOLUTION NO. 2012-38 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2012-05, CONTRACT 2012-E, 2012 STREET SEAL COATING 6e. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GRANITE PEAKS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. CHARTER COMMISSION RECOMMENDATION Mr. Boganey introduced the item and reviewed the history. Councilmember Lasman moved and Councilmember Ryan seconded to table consideration of the Charter Commission recommendation until a member is available to present the recommendation. City Attorney LeFevere advised that by Roberts Rules of Order, a motion to table would necessitate a later motion to bring the item off the table. Other options were to reschedule consideration to a future meeting or direct staff to bring the item back when the Charter Commission can be represented at a meeting. Councilmember Lasman moved and Councilmember Ryan seconded to amend the motion to table to strike this item from the agenda and direct City staff to reschedule at the request of the Charter Commission. Amended motion passed unanimously. 03/12/12 -3- i 7b. RESOLUTION NO. 2012-39 EXPRESSING RECOGNITION AND APPRECIATION OF TOM FIELDS FOR OVER 14 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read the resolution in full. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-39 Expressing Recognition and Appreciation of Tom Fields for over 14 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. Mr. Fields stated his appreciation for the City and indicated he has been impressed with the spirit. of excellence that is fostered by Brooklyn Center. The City Council and audience responded with a round of applause. 7a. CHARTER COMMISSION RECOMMENDATION—CONTINUED The City Council recognized the attendance of Charter Commission Chair Leino and reached consensus to hear the Charter Commission's recommendation. Stan Leino, Charter Commission Chair,presented the proposed language to Chapter 9 of the City Charter relating to eminent domain, which had been unanimously approved by the Charter Commission. He explained the position of the Charter Commission that the eminent domain process had not been addressed for years and the recommended revision would bring the language into alignment with State Statute. In addition, the recommendation includes a 60-day p rovision so the eminent domain proceedings could not go on indefinitely. City Attorney LeFevere advised that currently if the City were to initiate an eminent domain proceedings and then decide to withdraw, the City is able to stop the process and pay the costs and attorney's fees for'the property owner. However, with the proposed 60-day provision, should the City initiate an.eminent domain action and then decide to withdraw, it would be forced to go forward with the condemnation award, even if the public benefit is not great enough to justify the award. Under that scenario,the landlord is not likely to grant the City an extension. Another concern is that most times the eminent domain process cannot be completed within 60 days. Mr. Leino reported that some Charter Commissioners wanted the window to be smaller than 60 days and the most expansive interpretation was 120 days. He indicated if the City Council has a reservation about any specific number, it can be explored. City Attorney LeFevere described the two options the Charter Commission can bring forward a proposed amendment. 03/12/12 -4- The City Council thanked Chair Leino and members of the Charter Commission for their excellent service. It was noted that in the case of eminent domain, State law already restricts what the City can do. The question was raised why it is necessary for the Charter to reflect every change in State law. Chair Leino stated the Charter Commission does not respond to everything the.Legislature considers but in this case, a subcommittee met and the language was drafted over three to four meetings. The consensus of the Charter Commission was concern that at some point the City may be perceived as overstepping its bounds. Chair Leino acknowledged he has not witnessed the City is"running amok"in condemning property but in consideration of condemnation actions of other cities the Charter Commission found the Charter language should be addressed. Chair Leino stated the Charter Commission did not have the City Attorney's opinion on the hamstringing of the City's ability resulting from a 60-day limitation. He indicated he would not want to tie the City's "hands" in the way described by City Attorney LeFevere but one could argue, from the land owner perspective, that it would require the City to maintain greater foresight in what it intends to do.with eminent domain action. The City Council acknowledged it was not eager to exercise eminent domain but, at the same time, questioned whether it was good governance to tie the"hands"of future City Councils. The City Council also expressed concern with a 60-day limitation since the eminent domain process takes longer than 60 days and it could force the City into a position of having to pay an exorbitant price or purchase property that may no longer have public purpose. Mayor Willson stated his support to ask the Charter Commission to hold further discussion given the City Council's expressed concerns relating to impact with future negotiations and/or actions to determine whether common ground can be found. Chair Leino indicated that several members of the Charter Commission have already asked about certification timing to place this matter on the ballot. He stated the Charter Commission is scheduled to meet April 19, 2012, and he will place this issue on that agenda so they can revisit the 60 day issue. City Attorney LeFevere described the difference between a quick take procedure, which is the process most often used to acquire land since the condemnation law was amended in 2006, and exercising eminent domain that can take months or even years. He recommended staff draft a memorandum detailing the pros and cons of the recommended language. Mr. Leino stated it would be helpful if staff wants to provide as set of parameters and data with which to work. Mr. Boganey inquired regarding the_status of another Charter item related to changes in State Law governing elections and how it relates to language in the City Charter. Chair Leino stated the Charter Commission took an affirmative vote in 2010 saying the language was not inconsistent with State law. Mayor Willson asked the Charter Commission to provide its opinion in writing so it can be removed from the City Council's table. 03/12/12 -5- Councilmember Lasman moved and Councilmember Kleven seconded to receive the report of the Charter Commission. The City Council asked staff to provide the Charter Commission with pros and cons of the recommendation, consequences unintended or intended, test cases where eminent domain has moved forward with positive outcomes to provide a point of comparison, and a description of the 2006 amendments to condemnation law. Mr. Boganey noted the Statute appears to read that a motion to receive, whether the report or recommendation, triggers the scheduling of a public hearing in 30 days. City Attorney LeFevere clarified the language of the Statute.indicates within one month of receiving a recommendation, the City has to publish notice of a public hearing and hold that.public hearing at least two weeks but not more than one month from published notice. Chair Leino stated it was the intention of the Charter Commission that he make this recommendation tonight but in light of reservations expressed, he would like to go back to the Commission to keep the dialogue open. Mayor Willson indicated the City Council has received a recommendation fiom the Charter Commission and now has 30 days to publish a public hearing notice with the public hearing held within 30 days of publication. He stated the City Council would appreciate it if the Charter Commission's meeting was moved up to assure adequate time for continued dialogue. The City Council and Chair Leino discussed the process should the Charter Commission determine to modify its recommendation. Chair Leino noted in the past,the Charter Commission has withdrawn the first recommendation. City Attorney LeFevere concurred that would be the best outcome to continue dialogue and eliminate confusion with alternate versions since the public hearing notice must contain the proposed amendment text. Chair Leino noted .it would require a two-step process to request a delay in consideration or withdraw the amendment, massage the language, and present a new recommendation that would then trigger the public hearing. He indicated they are scheduled to meet on April 19, 2012, but he will try to move up the meeting date. The motion passed unanimously. Mayor Willson voiced the City Council's respect and appreciation for the Charter Commission who serve the City as volunteers and put great thought into how the Charter is shaped. 8. PUBLIC HEARINGS I 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL AND WEED REMOVAL COSTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the public hearing and resolutions. 03/12/12 -6- COUNCIL ITEM MEMORANDUM DATE: March 8, 2012 TO: City Council FROM: Curt Boganey, City Manager SUBJECT: Charter Commission Recommendation Recommendation: Receive the Charter Commission recommendation. Background: On February 9, 2012, Charter Commission Chair Stan Leino e-mailed the City Clerk indicating that the Charter Commission unanimously approved changes to Chapter 9 of the City Charter regarding Eminent Domain(see Attachment A). Mr. Leino or another Charter Commission member is expected to present these changes on Monday to the City Council with a recommendation for your approval. State Law requires the Council to act within 30 days of receiving the Charter Commission recommendation. Once the Charter Commission presents the recommendation to the City Council the 30-day clock starts. M.S. 410.12 AMENDMENTS. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission,the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance,the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing,the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the rriayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance,a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by registered voters equal in number to at least five percent of the registered voters in the city or 2,000,whichever is less. If the requisite petition is filed within the prescribed period,the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission,the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section,to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. Budget Issues: There are no budget issues to consider. Mission;Ensatriraq all ntlractive,clean.sr ft C0171111'r: CHAPTER 9 EMINENT DOMAIN Section 9.01. POWER TO ACQUIRE PROPERTY. The city may acquire by purchase, gift, devise, or condemnation,:any property, real or personal, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for a public use or up blic purpose. Easements for slopes; fill, access, drainage, sewers, building lines, poles, wires, pipes, and conduits for water, gas heat, and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. Subdivision 1 Public use; public purpose. (a) "Public use" or"Public purpose"means exclusively; (1) the possession, occupation, ownership and enjoyment of the land by the general public, or by public agencies; (2) the creation or functioning of a public service corporation; or (3) mitigation of a blighted area, remediation of an environmentally contaminated area,reduction of abandonedropert y, or removal of a public nuisance. (b) The public benefits of economic development, including an increase in tax base, tax revenues employment or general economic health, do not by themselves constitute a public use or a public purpose. Section 9.02. PROCEEDINGS IN ACQUIRING PROPERTY. The necessity of the taking of any property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property clearly and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain,the City shall proceed according to the laws of this state, except as otherwise provided in this charter. Section 9.03 PAYMENT OF AWARD. The city shall, within seventy days (70) days after the filing of the commissioner's report, or in the case of an appeal within forty-five (45) days after the final judgments or stipulations of settlement thereon, pay any award of damages allowed pursuant to this section and State law whether by the commissioners or upon appeal. If the award is not paid the court, on motion of the owner of the land shall vacate the award and dismiss the proceedings against the land. Section 9.04 CITY MAY DISMISS PROCEEDINGS. The city may dismiss all or part of the property being acquired in a condemnation proceeding so long as the dismissal is filed with the proper court prior`to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. When the proceeding is dismissed, the City shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. The city has a 60 day period from the initiation by the city council of eminent domain to dismiss proceedings unless an extension is stipulated and agreed to by all parties. Section 9.05.-CITY MAY TAKE ENTIRE PLANT If the city condemns a public utility which is operated at the time of the commencement of the condemnation proceedings as one property or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the Council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands articles, franchises, franchise values, and rights which comprise such system may,unless otherwise ordered by the court,be treated together as one property and an award the damages on condemnation. This does not prevent the City, when the plant and property are separable into distinct p arts, from acquiring only such part or parts thereof as may be necessary in the public interest. AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION June 11, 2012 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. Brooklyn Boulevard Corridor Study Update 2. Update on Shingle Creek Crossing Phase I and II Development Activities and Improvements PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. National League of Cities Service Line Program 2. Sister City Update 3. Success Target Update I i Work Session Agenda Item No. I MEMORANDUM - COUNCIL WORK SESSI®N DATE: June 5, 2012 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Brooklyn Boulevard Corridor Study Update Recommendation: It is recommended that the City Council provide comment and direction to staff regarding the progress with the Brooklyn Boulevard Corridor Study and the upcoming open house. Background: The City of Brooklyn Center's Comprehensive Plan includes a goal of making major street corridors and other public spaces highly attractive. The Plan also indicates that reaching consensus on a vision for the section of Brooklyn Boulevard south of 1-.694/1-94 that would then be translated into design parameters should precede redevelopment of land area along Brooklyn Boulevard. On June 13, 2011, City Council directed staff to proceed with an RFP for the Brooklyn Boulevard Corridor Study. On September 12, 2011, staff was authorized to execute a professional services agreement with SRF Consulting Group, Inc., in the amount of$190,015.00 to provide professional services for the corridor study. To date, the consultant and jurisdictional partners that form the project's Technical Advisory Committee (City staff, Hennepin County staff, Three Rivers Park District staff, Metro Transit staff and Minnesota Department of Transportation staff) have met several times with SRF Consulting Group, Inc. to inventory existing conditions and develop draft corridor concepts. A brief overview will be presented to you in preparation of further City Council and public participation in this study. Attached is an overview that will be presented at the open house which provides a summary outlining this work. At the open house, there will also be full length concept layouts and other detailed concepts for further consideration and comment. All concepts are strictly in initial "draft" form and are not finalized in any manner. The public has been invited to an open house set for Tuesday, June 19, 2012, from 4:30 pm to 6:30 pm at the West Fire Station on Brooklyn Boulevard. This invitation was included in a second newsletter that was mailed to property owners and tenants in the target study area as well as a representative for the North Hennepin Chamber of Commerce and the Brooklyn Center Business Association group (see attached newsletter No. 2). Information pertaining to the open house can also be found on the City's website, the June 7 and June 14 editions of the Sun Post and as a message on the City's "digital billboard" feature. Policy Issues: Are the City Council's expectations being met pertaining to project progress? Does the City Council support this initial public participation element of the study? Mission:Ensuring an attractive,clean,safe,inclusive cormmunitp that enhances the quality oj'li/e jor all people and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans 7. We will continue to maintain the city's infrastructure improvements ,Mission:Ensuring an attractive,clean,safe,inc(usive�community that enhances the qualitp of li/e for all people anal!reserves the public trust a yJ it e , a - •„Te, I�a� t,r..§"��f�y y -4�'9flf�f��e v- �': -t .yi y ;V�s J �,.1 It ,,.♦ 1 T �: r s .,vy. �' Z 7 °-°'1•� i . ”'ii a t6 MGie Iii y�1,i �or y it-.�r�i'r ,re,. [rJ-'Id�4��" Y � •. N •�L-' ee I"1 ^� ` .: _ 7;�N Th���rri.l•y1€� ; YT r ,�i�l tl.i�,'S` (��.=W��+!. �' 1 ..y - Ar r1, � r f .� •.�"a k ll ilpC,i . „�•�.i=i ������ � 'e 'Y e� g_. 9'31' 4•itt� s�Rmd4.L�� .r1' I ;. .r`♦ f. , ui�r-rr �grp p7 y i id �-I4rtaIH7"�� 1"I4 *r 4 ! ' }M ''tC r e.• ,wt4 L ,I J .s A u":^ 7i^I+I �r.d!� 1 �P •��a��r��ys�s.M-., `. �4�i�. p l r� ��"a31�;,i r `a I�,� �' � .47. n•_"l. "rMY `•gi y ,jyr� L+i.•_ -�• '•K .j•��#.yI W�-r'1 - �. - 1� rye ['� _ I� (� d,'i�.y{.r '� �°•..ir RT• tl} Al �-'.: • 1�'!"JQ t _,1 W �• e -If) R •�1 r4.p,� We .r I •� _.� �* � ; r ,�, ��-. .r�"" n •pfW°""'yr..•.. - �w� �"{..« 'r•+I� i���..��� r Jl, q.�r � `7�` `,,tl� /// -, - - °'� � ��va wit rd�, +. -•� �+'''�,I�' I�v afi 1 x� �, >t un� k`'i�-' r: � �'� 1��' � t?+c;;�,� f:i { r +eaq ok j 'QMt�9 _..t-^��'-` "'\'�? "� -�����...-••,tr.•-•a��t" l'?,q, � t M i�rl � !'�►� ,�r' 'M°r�"r.�.+7 , .. }� I ��+��F'�. ,++«- _ [ � � l.j�r`\Ar'l.t.ill■�I iA r ' F'.'�+�!r �1'Ft '1'1 1 r I,`Y`. � "�t�•��l iI� ' + �.da'"' N ��i _�•r _ \ -_ ,,,, - fir, , ��j, L. , ' rp�il;' k�tt . �+ LEGEND r �ta'i -�yQL,t�IdLd�3:R+r `y,`:fiK'It..i. 'i�B�[;kaad6n..�' •� .�. .I� { _ i. .. rtp Foisting Regional Co Trail 'C /'� 5 t w µ� � _ 4;'� Potential Trail Connection 3tto� ..�wWSr�r5� �y .'7• 9F •1!� p 4 {�-ppy��#-'ter �Fg " '•.� d� ILrIA �➢ti1 IW.I�P7aNr1 t� �t 1 �•'M.ay�+r�l•1� ��j -9~'�� - ai" 8��:b• ,y � � ��. Existing Bituminous Trail t BI ^ 4 4 r 1� 97F .:u„ ',y�.., Ir' ��W.r-�:'.' r i•r &+•I �.Y_.. \ '1:r I° ——— Planned 6lkeway/Trail By Others ' �r[C� NNIdl�naNNA44 dt 3l�y�M L�■i{���i�_0-s�Y�`qJ+iY 1'"!�l��I' '' "fi;r. -.-.. - e•�5�a�U�..�-� __ Imo ��'-I���� t"1+.�— 3 0 i i Pla nne d elk c way /T r r ui sy3�4�53?i�g-'p Y `. S•t �.1.7S♦' 1� n�]7R,� y o ,ti,, - 1 ,� ^` £it y _ � tf � • all ` r Existing Sidewalk � ---Potential sIdewal 9, Transit Fzc s Stop Existing Signalized Intersection �t Crossing 311 Existing G adel5eperated Crossing s E�I RPM_;2R 91111rq�'1 aA l.a �`��,a�d nU��at.•,w r �� �°I 3q �"' -1` -. L, - Proposed 51 na 9 Ilnd Intersection ' l+ e„ � 4�ra�± ^Sd f P I r4 6 $ Crossing `Imo` ,,L r oil t' _ `sa o 3Y ooI- Brooklyn Boulevard Trail/Sidewalk Network Concept June 19,2012 Brooklyn Boulevard Corridor StudynwclryoNrooklynrem.rnig Y �', rte .. �' - �','�¢ •� avr n k _K "?.,z '�wwr 'ik+^5.., T 'lr.... ± .- / Tif :1- 3 ' a � � •' i ..._ -Ij� y.� 1C+� �,�^ y h� @� x J�i., n .•,YrZ 1,r l�r,f 1'�•'r �:� A: j ./ w r ` rk, � - ' ''.._� � + �I I I � �" t�{� � !�1' •P 1'�` rl ..r� �'J"ti's• r r qtr'..,r � _ \i ,"'7,� •`d-4 - r. Alp— 't,.... • ' M- u w + _ ._. � �� W1W � J•/'y ���,�i`t� ,-V'�'.�.� !irvr h � � • 1 .. ,r ,!�'"? •—•... _ - 4' u� f r4 •� w� , _ r � `� � b�1 _ `''�`__•-=.—p. �—�� ,'{ ' 'G YS, �'I,� Le§end �'" wlC` � -1 s'x1}�:l�f�i• d'1 �-b. l.y.�. Yr.;�71 rnm,n m r....r�..m..i _ �y y��g'at.�+�'z �i. _y��`_. gi� �`A1j"p�."w' • ^� \ ` �� ,fir �`7�isn�� ��`��'Z �-' � + A` ' `� +r� // "�" '� h���� f—+TnYii•.�µ�: +�RR`� .�°[Tj1��RS'�'` �C� _ � t. ''J r'Lrt.� ��a�_"#.��_' $....,..d°J i �` •��_�,.. }x✓a �'r'�*"., .,.. - Segment A Segment t 9 Segment C f e,ry 9 �_�. 1 fr591n A i.N Fr94 69 4 49t11 Ave.lo TH799 TH0 591h AV _T .���r-�y e,+A J>�y ���r.•+?e .I. ' � �r...e c.. .1 ` l 4. ,n Streetscape Opportunities Omn{,lyn OrruEevard Corrldar Study I Typical Streetscape Cross Section 7 DECORATIVE ROADWAY LIGHTING P�.r• ATINTERSE Residential Area eo Segment A Between 49th Ave.and 57st Ave.-Looking North `'r I.+t c� , e - ...,. ,l . i 2' 10' 10' 2'I 6' 11' 12' 11 6' 2. 10 6' 2 RESIDENTIAL NEIGHBORHOOD _ THRU CO I .'LISLE U E RESIDENTIAL NEIGHBORHOOD BLVD LANE TURN LANE LANE BLVD 90' 12' 66' EXISTING RIGHT OF WAY POTENTIAL POTENTIAL 0 5 10 - RIGHT OF RIGIiT OF —ecolo~~In WAY IMPACT WAY IMPACT Typical Streetscape Cross Section 2 - DECORATIVE ROADWAY LIGHTING Interchange Area EVARD CANOPY TREES Segment A Between 51St Ave.and MEDIAN CANOPY TREES - •% a TH 100-Looking North r ,..r TURF .+{.. CONCRETE MAINTENANCE STRIP VARIES 10' 10' 2' 6' 11' 12' 19' 10' 6' FRONTAGE TURF BLV TRAIL TURF BIKE THRU THRU MEDIAN THflU THRU BIKE TURF WALK ROAD BLVD LANE LANE BLVD VARIES 117'with bike lanes(105'without bike lanes) VARIES 205'+/- EXISTING RIGHT OF WAY 0 5 10 � u.I o In foal Streetscape Cross Sections June 19,2012 DRAFT Brooklyn Boule%'ard Corridor Study °wc1tyo6rooktyncvn1QLO19 V6,91 ",,: Typical Streetscape Cross Section 3a Adjacent City Center,Stormwater Treatment Alternative DECORATIVE ROADWAY BANNERS Segment B Between TH100 and 59th LIGHTING WITHBA TEES a ,+ g t { BOULEVARD CANOPY TREES Ave.-Looking North MEDIAN CANOPY TREES n x i d d CONCRETE PLANTER CURB PARKING LOT' SCREENING IN a� �-^�L a- SELECT LO CATIONS CONCRETE MAINTENANCE STRIP - , Y, ALTERNATIVE MEDIAN SWALE is_ VARI VARIES 10' M VARIES 6' 11 12 21' 12' Il' G' 10' 10' 2 FRONTA TURF STORM WATER TREATMENT TRAIL TURF BLVD SHLD THRU THRU MEDIAN THRU THRU SHLD TURF WALK BLVD ROAD BLVD 2051+/- EXTENDSTO RESIDENTIAL FRONTAGE EXISTING RIGHT OF WAY BLDG SETBACKS VARYTO COMMERCIAL PROPERTY 0 5 10 acolo in mop Typical Streetscape Cross Section 3b Adjacent City Center,Median Berm Alternative Segment B Between TH100 and 59th DECORATIVE ROADWAY Ave.-Looking North - LIGHTING WITH BANNERS �C�,. •,r i BOULEVARD CANOPY TREES DECORATIVE ROADWAY - LIGHTING WITH BANNERS 'f(0. CONCRETE BOLLARDS . I: OT;fIiEENING IN CONCRETE MAINTENANCE STRIP 5ELEC CATIONS VARIES VARIES 10, VARIES 6' 11 11 12' 10' 12' 11' 6' 10' 6' 2' FRONTAGE TURF BERM AND LANDSCAPING TRAIL TURF BLVD SHLD THRU THRU LEFTTURN MEDIAN THRU THRU SHLD TURF WALK ROAD BLVD LANE BLVD 205'+/- EXISTING RIGHT OF WAY BLDG SETBACKS VARY TO EXTENDS TO RESIDENTIAL FRONTAGE COMMERCIAL PROPERTY 0 5 10 --rte ccolu In Icol Streetscape Cross Sections 1une19.2012 DRAFT Brooklyn Boulevard Corridor Study Typical Streetscape Cross Section 4 DECORATIVE ROADWAY LIGHTING (With Bike Lanes) BOULEVARD CANOPY TREES Segment C Between 59th Ave.and 65th Ave.-Looking North R, ,Am BLDG SETBACKS VARY 2'. 10' 30' ' 2' 6' 11' 11' 12' 8' 12' 11' 6' 10. 6' BLDG SETBACKS VARY COMMERCIAL PROPE TRAIL TURF BIKE THRU THRU LEFTTURN CONCRET THRU THRU BIKE TUR WALK COMMERCIAL PROPERTY BLVD LANE MEDIAN LANE BLVQ 121' VARIES MOST COMMONLY 85' VARIES POTENTIAL RIGHT OF WAY EXISTING RIGHT OF WAY VARIES 75'-95') POTENTIAL 0 5 10 IMPACT RIGHT OF wo'In lam WAY IMPACT Typical Streetscape Cross Section 4 DECORATIVE ROADWAY LIGHTING (Without Bike Lanes) Segment C Between 59th Ave.and /—BOULEVARD CANOPY TREES 65th Ave.-Looking North ink JJJ � t F EX,LANDSCAPI BLDG SETBACKS VARY 2' 10' ;1D' 13' 11' 12' 8' 12' 13' 10' 6' 2' BLDG SETBACKS VARY COMMERCIAL PROPERTY TRAIL TURF THRU THRU LEFT TURN CONCRETE THRU THRU TURF WALK COMMERCIAL PROPERTY BLVD MEDIAN BLVD 109' PROPOSED RIGHT OF WAY Note:a number of easements exist VARIES MOST COMMONLY 85' VARIES along Pmparty frontages beyond POTENTIAL RIGHT OF WAY EXISTING RIGHT OF WAY(VARIES 75'-95') POTENTIAL 0 _5 0 Iha right of way shown here IMPACT RIGHT OF ..olo In roof WAY IMPACT Streetscape Cross Sections ,une19,2012 DRAFT :; Brooklyn Boulevard Corridor Studyww.tlryohrool ALL SEGMENTS _q , Boulevard Treatment Maintenance Strip Turf grass with street trees •Sidewalk or trail Sidewalk access to bus stops Intersection o'IevardOghting Intersectio uuleeardLighting Medianbjhtn� it MedlanLightingwith .et.:._:1 a. :ew- WlthoutBanners With Banners Banners Banners SEGMENT I, lilt n•i _: 11 } •Enhanced Intersections •Median Treatment Ff I - •Lighting without banners Lighting without banners '"e • Crosswalks at signalized .NARROW MEDIAN intersections f •Pavement Monuments(secondary) •Plantings •WIDE MEDIAN - •Maintenance strip - -f ••-'r v Colored pavement S •Turf grass with street trees - . i �-- =. ce uIp Select Ornamental Plantings(raised) c ectp III,me antings jdep td)• - Between�eGMFNT B- 11 and 59th Ave. - ui Enhanced Intersections •Median Treatment ` •Lighting with banners •Lighting with banners _ Crosswalks at signalized •NARROW MEDIAN intersections -+ • •Pavement with bollards Monuments(primary or _ secondary) •WIDE MEDIAN - - .." ,.. 1 •Plantings •Maintenance strip •Seating and trash receptacles •Turf grass with street trees — (primary) •Vegetated median(raised) •Colored pavement •Select ornamental planting '`-•�' •Fencing/Screening(primary) areas - ave elan ncu es ar s,co ore pa Ill g) Seating,TrashReceptadesandPlan ngs encin9/Screening(selectlocationsl iSEGMENT C-Between 59th Ave-and 1-694/1-94 �r Enhanced Intersections Median Treatment •Lighting without banners •Lighting without banners •Crosswalks at signalized .NARROW MEDIAN intersections Ih = .� •Pavement with bollards I •Monuments(primary or -i•J,r secondary) •WIDE MEDIAN , Plantings Maintenance strip ur Colored pavement Turf grass with street trees tJ• - •Select ornamental planting areas - Primary Intersection Monnmentand Plantings I%ds Cron ionument a an mgs Colored Paving,Crosswalks Streetseape Design Elements *Aliphoros are representative images thatillustrate desired character.Finaldesign ofstreetscope elements to be determined June 19,2012 DRAFT Brnoldyn Boulevard Corridor Study rww.dryohmok ncentacoy �`�i,��;,;,,,,,, Architectural Planter Wall,typ. Single Decorative Roadway Narrow Colored Concrete Decorative Bollard 9 Y Median, Grouping,typ. 10'Bituminous Trail Existing Cul de Sac Light in Blvd,typ. typ. Landscape Planting Bed,typ. Dbl Decorative Roadway Landscape Planting Neighborhood Sidewalk Potential Rain Garden Neighborhood Sidewalk Decorative Banner Pole Ornamental Fence,typ. p g y Light in Median,typ. Bed,typ. Connection Connectlon Grouping,typ. - yr, :,, •�' �(1, -`�+: J' ¢y a J - - Ir 1i =� 1 1 �} J 4 _ _ { 1: 1 - `_f _ —v --Berm=1. rum 'rr-tiy Ly - .�.- _ l � I'I I I I! I I�I I I I; I ,_• ' I R si -� u n d- zZ YA Blvd F s _ Signalized - ?q, �r _ 's.- p`—�' �^'�, --- _ Intersection t rF Landscape Planting Red y 6'Standard Gray Concrete Sidewalk,typ. Pedestrian Plaza ,I I, II,� I N �'•}i Turf Boulevard.,typ. Architectural Gateway Monument Pedestrian Rest Stop with Furnishings,typ. 1--.'s- i Colored Concrete Corner Pavement,typ. -- �. `.,-•��tY . t��, X°�l �-- "-- _ Gateway Concept Sketch' r (Southeast Corner) 7- 1�77l I • Brooklyn Boulevard/Bass Lake Road Intersection Streetscape Concept June 19,2012 DRAFT Brooklyn Boulevard Corridor Study " '`"°�`°°`"°`°"`°`°y ��►��� ^"'° 1 r r' a e - - D w 0, Olt sts+ 14 �JY�r - ,1 - _ _� LEGEND \/�/� Screen existing housing from future !V V V V V development �°�� ��- •�-" � '' Potential future development access - Potential future development circulation Closed access point from Brooklyn Boulevard 1 an use and access transition contingent upon Illing seller and private market demand. Land Use and Access Transition Area (63rd Avenue) June 19,2012 DRAFT Brooklyn Boulevard Corridor Study 4 � _- r a • M �� �� a W50111:! 1 __-_ LEGEND �� C i.� ti II �---- • +-.'.+� V\ \/"W Screen existing housing from future development Potential future development access _ Potential future development N .. _�� __„,�,f• i �, w _ }r��^:. t.. �,� circulation e s f , � _ - _ _ 11� � • ! 1 �'rt a '•� Closed access point from Brooklyn Boulevard Land use and access trans tion contmgen upon 1 ,r. willing Ilandr private market d emand. - — IL i Y rte• Land Use and Access Transition Area (Admiral Lane/61 St Avenue) June19,2012 DRAFT Rrnoklyn Boulevard Corridor Study °""""° y Rk,�� i Y `Y r 1 � Ark 47 dot f, I LEGEND J V I /�/�V Screen existing housing from future A f1 A/V V V 4 _ r ♦ '_ # development * s ��� ..r ',;�, f 11'r J 1 p L y Potentlal future development access 41.... Potentlal future development ' circulation (r, _, + L. ! M I Closed access point from Brooklyn J i bf Boulevard r + T� � _ — �+�•y�'--%—�— J l e and access tr—a—mon con inge t upon i f,lin 9 ssellerand private market demand. Land Use and Access Transition Area (Bass Lake Road) June 14,2012 DRAFT c.ryvmrmllrncenre�.a:y �� Brooklyn Boulevard Corridor Study NOTE: IN THE PROPOSED BRIDGE RE-DECKING PROJECT EXISTING GIRDERS AND PIER SUPPORTS ARE EXPECTED TO REMAIN. ADJUSTMENTS TO THE GIRDER HEIGHTS MAY BE NECESSARY DEPENDING ON THE SELECTED CROSS SECTION PENDING MORE DETAILED STRUCTURAL ANALYSIS. CHAINLINK FENCE CONCRETE BARRIER 1 S — 8'•9" 12'-0" 12'-0" 12'_0" 12'_0"�6'_D" _14'_D„ 15'_0" � 8'_9" WALK AUXILIARY THRU THRU LEFrTURN MEDIAN THRU THRU WALK FROM TH100 2'-9" 2'-9" 106'-0" r 0 5 1D Existing Bridge Approach-Looking North Existing Bridge Cross Section-Looking South DECORATIVE LIGHTING TO MATCH ROADWAY d CONCRETE BARRIER AND ` '�`r�— ��1-=r �,` �� �r •^ '.. I DECORATIVE PEDESTRIAN RAILING 1`.• ��'j1. !r'' !� • I",. ' i [CONCRETE BARRIER E_ 0" 13'-0" 11'-0" 12'-0" 12'-0" 12'-0" 13'-D" 14'-0" >� I WALK THRU THRU LEFrTURN MEDIAN THRU THRU TRAIL 106 B Concept Sketch on Trail Looking North \\\\ Bridge Cross Section Alternative A-Looking South �D Without TH100 Auxiliary Entrance Lane or On-street Bike Lanes TH 100 Overpass Bridge Re-decking and Enhancement Options June 19,2012 DRAFT Brooklyn Boulevard Corridor Study ° "` ILINI I I DECORATIVE LIGHTING TO MATCH ROADWAY CONCRETE BARRIER AND DECORATIVE PEDESTRIAN RAILING RAISED CURB V 12'-D' ` 13'-0" � 11'-0" � 11'•0" 12'-0" 6'-0" 13'-0" ! 14'•0" 1'-0" �J WAUK AUXILIARY THRU THRU LEFTTURN MEDIAN THRU THRU TRAIL FROM TH100 106'-0" Bridge Cross Section Alternative B-Looking South 0 s 10 With TH100 Auxlllary Entrance Lane Retained m"IOOr DECORATIVE LIGHTING TO MATCH ROADWAY CONCRETE BARRIER AND DECORATIVE PEDESTRIAN RAILING RAISED CURB �I _ J 1'-0" 14'0" 6'-0" 11'-0" 11 0" 12'•0" 7'-0" 12'•0" 11'_0" 6'-0" 0" 1'•0" —0" ---- ---� �'----- WALK BIKE THRU THRU LEFTTURN MEDIAN THRU THRU BIKE TRAIL 106'-0" Bridge Cross Section Alternative C-Looking South 0 s 10 ~olo In-_ fool With On-Street Bike Lanes TH 100 Overpass Bridge Re-decking and Enhancement Options June19,2012 DRAFT Brooklyn Boulevard Corridor Study " IrYOBr"okl n<ener.nr9 ��',� rw � L ti j1 r t My tt• Rte:._ >:: II G. ♦ 1 .. "• ate' .'CR\�s-a ■ _ __ - _ t .r i _► .si �y `"r � �c"�` '� '` . , - ``° _ Study Area ti •x a. ... -� Amara __ � Study Overview 694 �Yx,<�c Brooklyn Boulevard provides access 65th Ave N -A` to commercial businesses,connects You're Invited! Highway 100 and Highway 694, Garden City and connects residential areas. 63rd Ave N School Please join us at an The City of Brooklyn Center is open house meeting: leading a stud to assess the We need your input! g y o • Do you have any concerns about how the road currently functions for vehicle traffic? Tuesday,June 19th current conditions of the corridor, 4:30 -6:30 p.m. develop a long-term vision,and o • Where would improved pedestrian connections or other amenities help encourage transit use. 0 identify improvements to shape the West Fire Station <rD • As a pedestrian,what concerns do you have related to walking in the corridor? 6250 Brooklyn Boulevard future of the corridor.A long-term Q • Are you comfortable biking along the corridor as it is today?What changes would encourage you to bike concept is under study that will: y g g y. g g y Transit more? We will share drawings and Bass Lake Rd Center • Update Brooklyn Boulevard to • The future concept includes an off street trail throughout the corridor. Is an on street facility needed in maps of the concept under make the road safer and more Shingle Creek addition for bike commuters? study and ask for your input. efficient. Crossing (previously • Where are pedestrian connections needed (east-west)across the corridor?What destinations currently Come share your thoughts Better incorporate the road with Brookdale) have inadequate access on foot? about making Brooklyn trails, sidewalks,and transit. 55th Ave N Boulevard a friendly place to . Incorporate streetscaping for a bike, walk, or travel by bus more visually appealing corridor If you have comments or questions, please contact: as well as by car. and define the character of Brooklyn Center Public Works Department Your input is needed to Brooklyn Boulevard. 763.569.3340 or publicworks @ci.brooklyn-center.mn ensure a vital corridor to • Identify improvements that can 100 Or visit: http://www.ci.brooklyn-center.mn.us/index.aspx?NID=833 live, work, and shop. occur over time as properties is redevelop. 49th Ave N L ,7� ENGINEERS Newsletter 2-May 2012 !/ www.cityofbrooklyncenter.org Y y g PLANNERS www.cit ofbrookl ncenter.or ENGINEERS DESIGNERS DESIGNERS • • Term Concepts • Future Concept - North End Construct median to improve safety an t road function • Closing driveways when possible as The long-term vision for Brooklyn Boulevard will improve roadway operations and safety,improve conditions for properties redevelop pedestrians and bicyclists,and create a more attractive roadway. Key components under study include: _ Adding turn lanes in select locations • Sidewalks,trails,and on-street bike lanes Improve crossings for bikes and pedestrians • Improved roadway crossings • Center medians to improve safety and aesthetics Future Concept - Bass Lake Road Area • Intersection modifications to improve efficiency - Opportunity to build on recent Bass Lake Road project • Access consolidation j•�, ,r , -- - __ -- ' '' Establish continuity of visual character • Potential redevelopment opportunities for City-owned properties ,w Improve bike/pedestrian crossing J Future Concept - South of Highway 100 • Similar to existing road-options for four ri . lane road or two lanes with center turn lane and shoulders • Adding boulevards with additional trees ill I� ,r r as a buffer between sidewalk and street i 1 ; ! -" - _ • ry ' Additional bike facilities(on street bike '�� " ��,, t►" I lane) under study,to connect to facilities in Minneapolis - Example of two lane road with center turn lane,addition of boulevards,trail on one side and I sidewalks on the other. Sketch of streetscaping elements for Bass Lake Road intersection Future Concept - City Center • Area near Shingle Creek Crossing Redevelopment Concepts (formerly Brookdale Center) • Alternatives under consideration for • Major entry into Brooklyn Center from City-owned parcels • Also studying future alternative uses Highway 100 ' x so st y g for key residential parcels with willing ! Adding median design elements and _ sellers • _ .. �. streetscaping elements to establish character r s 1 Improved regional Trail crossing at 55th - ---- a 4 ' p 9 9 �< �« t- -. r w r - �r w ' Avenue = ` __ _ • ► j)`r}, twill _ -,.�• Example of paved median with bollards banners,and street lights-Eden Prairie g1I P,.• ,.: www.dtyofbrooklyncenter.org D.sicns.s Work Session Agenda Item No. 2 i Work Session Agenda #2 Additional Memo Pages MEMORANDUM - COUNCIL WORK SESSION pad site identified for a bank with drive thru lanes) to a 2,488 sq. ft. restaurant pad site for Panda Express with drive thru service. 6. Enhancement to the building separation from Sears that would widen the separation to 60 ft. and enable a commercial streetscape (pedestrian walkways, landscaping, and lighting on both sides of the internal street with the potential for store front fagades. These improvements would maintain the existing loading area and waste areas adjacent to the former Barnes &Noble tenant space. 7. The removal of the commercial pad site in the southeast quadrant of the 56th Ave & Xerxes Av. entrance (previously added with the September,2011 PUD revisions). The following exhibits have been provided to illustrate the proposed amendments that the Planning Commission will be reviewing on June 28th: • Three development renderings of the Shingle Creek Crossing. • A sketch illustrating the additional daylighting of Shingle Creek. • A Phase II Conceptual Development Plan, highlighting the proposed revisions. • A photograph of an internal street section from the West End project in St. Louis Park to illustrate the character of the proposed separation between Sears and former food court portion of the mall. In addition to changes to the Development Plans, the developer is seeking an amendment to the Declaration of Covenants and Restrictions Agreement that would enable an educational use/College to lease the 37,000 sq. ft. space previously occupied by Barnes &Noble. With respect to this proposed amendment, the C-2 District and the Overlay District for the Central Commerce District, both allow non-residential educational uses including Area Learning Centers (ALC), post-secondary schools, business Schools, trade schools and the like, but excluding public and private elementary and secondary schools (K-12). The developer is also requesting City Council consideration of allowing Goodwill as a 21,500 sq. ft. retail use within building pad site P,the junior box site adjacent to WalMart. The Central Commerce Overlay District restricts the following commercial uses: a) Sauna establishments b) Massage Establishments c) Currency Exchanges d) Pawn Shops e) Secondhand Goods Dealers Also scheduled for the June 28th Planning Commission Meeting, the developer is requesting site and building plans approval to proceed with the construction of the 3 buildings which frame the central entry ( Building pad sites H, K, and L ) and the junior retail box adjacent to Wa1Mart, (building pad site P), as illustrated in the approved PUD plans. v Nlissiort:Ensuring an attractive,clean,safe,inclusive conirnunity that errhaitees the quality of life for all people grin preserves the public trust i MEMORANDUM - COUNCIL WORK SESSION Shingle Creek Crossing Tax Increment Development Agreement On March 28, 2011, the City Council and EDA approved creation of Tax Increment No. 5, a 16 years Renewal and Renovation Tax Increment District which included the Mall properties, with the exception of the EDA Parcel, Kohl's, Applebee's,the former Midas Muffler site, and Sears. The structuring for the use of future tax increment projected to be generated from this new TIF District was broken into 5 components as illustrated on the attached spreadsheet (Projected TIF District Cash Flow and Bond Repayment) - City&EDA Administrative Expenses ( 10% of the available annual increment). - Repayment of the $2.4 M Pay-As-You-Go Note ( 90% of the available increment for the lst three years, after which it drops to 60% of the available annual increment) - Reimbursement of Other In-District Expenditures ( 30% of the available tax increment from the 4t" year to the expiration of the district was set aside for other TIF improvements/enhancements that the EDA may wish to consider. The total amount in this category is projected at $ 2.5+M). - 10% of TIF revenue can be used for eligible TIF expenditures for Out-Of-District activities approved by the City Council & EDA. The total amount in this category is projected at 1.1+M. - Repayment of the Inter-Fund Loan from TIF 2 Redevelopment District (this is illustrated to occur after the Developer's Pay-As-You-Go Note is satisfied, which will enable the EDA to reinvest these funds into Redevelopment Activities identified in the TIF 2 budget. The total amount in this category is projected at$3.7 +M). On May 23, 2011, the City Council and EDA approved a Tax Increment Agreement for the Shingle Creek Crossing Development. Attached for your reference is a copy of staff memo which identified the major components of this agreement. Staff has continued to pursue discussions with the developer on possible options that would promote positive images for this development and the City of Brooklyn Center. These discussions have progress to a point where the City Council/EDA now has the choice to pursue the investment of unallocated TIF 5 funds into further enhancement to the creek and internal streetscaping with store front enhancements associated with the separation of Sears from the remaining portion of the Mall. The preliminary cost projections associated with these two enhancements are within the $2.6M cash flow projections for available in-district expenditures noted above. Policy Issues: Does the City Council desire to consider an amendment to the Central Commerce Overlay District Permitted Uses and/or the Shingle Creek Crossing PUD Agreement that would enable Goodwill to locate in the Shingle Creek Crossing Development? Mission:Ensuring an attractive,cleat,safe,inclusive conununio3 that enhances the quality of life for all people anal preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Does the City Council support proceeding with an amendment to the Tax Increment Agreement for Shingle Creek Crossing that would facilitate further enhancements to the daylighting of Shingle Creek within the Shingle Creek Crossing Development? Does the City Council support proceeding with an amendment to the Tax Increment Agreement for Shingle Creek Crossing that would facilitate further enhancements associated with the separation of the Sears building from the remaining portion of the mall and internal streetscaping? Council Goals: Strategic: 1. We will proceed aggressively with implementation of City's redevelopment plans 4. We will improve the city's image i ;fission:Ensuring an attractive,clear,safe,Inclusive community that enhances the rluallty of life for all people and preserves the public trust "! MEMORANDUM e COUNCIL WORK SESSION DATE: June 5, 2012 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business &Development SUBJECT> Update on Shingle Creek Crossing Phase I and lI Development Activities and Improvements. Recommendation: It is recommended that following an informational update on Shingle Creek Crossing Phase I and II Development Activities and Improvements that the City Council considers providing direction to staff regarding proceeding with possible amendments to the PUD Development Agreement and the Tax Increment Agreement. Background: On May 23, 2011 the City Council adopted Resolution No. 2011-85, which approved the Shingle Creek Crossing PUD for the Brookdale properties, with the exception of Sears and the Holiday gas station properties. The commercial redevelopment plans for theses 68.33 acres provided for the conversion of a regional mall to a community shopping center site which included the following development activities: - The demolition of approximately 750,000 sq. ft. of this 1.1 M sq.ft. regional mall, including the previous anchor stores of J.C. Penney's, Mervyn's, and Macy's. - The renovation of the mall area north of Sears, approximately 122,000 of retail space with exterior entrances and retaining the interior mall access and common space. - The planned development of 398,794 sq.ft. of new retail space laid out in a Town Center theme that includes a major anchor retailer with groceries, three junior box retailers, four restaurant pad sites, and six smaller retailer sites for retail/service multi-tenant buildings/ - The development of an interior roadway system, interior streetscaping with landscaping, lighting, pedestrian walkways, bicycle trails, enhancements within the creek corridor and partial daylighting of the Shingle Creels. - The development of private utilities, and drainage improvements to facilitate the phased development of individual lots. - Access and intersection improvements at the 56th Ave, entrance and the Bass Lake Road entrances at Northway and Shingle Creek Parkway. - Retaining the sites for Applebee's and Kohl's . Attached is a copy of the approved Planned Unit Development Master Plan and the rendering provided by the developer illustrating a vision for the redevelopment of this Town Center. Mission:Ensuring an attractive,dean,salfe,inchasive cot munio,that enhances the quality o f IIfH for all people sued preserves the public trust MEMORANDUM - COUNCIL WORK SESSION On September 12, 2011, the City Council adopted Resolution No. 2011-127 which approved an amendment to the Shingle Creek Crossing PUD Development that included the following revisions: - The separation of Sears from the remaining portion of the Mall with a two way access drive and landscaped pedestrian walkway, - The construction of a new entry for Sear's (zero lot line setback), - The reconfiguration of the interior mall and 123,242 sq.ft. of retail space to a 150,591 sq.ft. retail building with exterior store fronts. - The elimination of Building N, a 21,515 sq.ft. retail pad site adjacent to Sears and the converting of this area to a parking lot between Sears and Wal-Mart, - The creation of a commercial pad site with 30 parking stalls in the southeast quadrat of the 56th Ave. and Xerxes entrance. Attached is a copy of the revised Planned Unit Development Master Plan and the rendering provided by the developer illustrating the revised vision of for the redevelopment of this Town. Center. Proposed 3rd Amendment to the Shingle Creek PUD On June 28, 2012, the Planning Commission will be conducting a public hearing to consider the developer's request for building and site development adjustments that reflect market conditions and input they have received since the last PUD amendment in September, 2011. The proposed 3rd Amendment to the Shingle Creek Crossing PUD Development Plans includes the following adjustments: 1. Revisions to the Partial Daylighting Plan that would extend the concept of daylighting completely across the Site. The plan involves the reduction of the jr. box lot, previously referred to the Best Buy site (a 35,000 sq.ft. retail use) to a 6,000 sq.ft. restaurant site with outside patio area. An additional 1.31 acres would be devoted to the daylighting of Shingle Creek, an enlarge ponding area with water feature, and open space to enhance the regional trail alignments. 2. The creation of an addition 7,500 sq.ft. retail building (identified as building O) with restaurant patio areas adjacent to the creek. 3. A reconfiguration of the potential building layouts on sites C & D that would facilitate restaurants with drive thru service. 4. The reconfiguration of building pad site A, (8,500 restaurant site); building site J, (8,400 sq. ft. retail site with potential restaurant end cap tenants)with access from Xerxes Ave. 5. The reduction of Building G, (45,000 sq. ft. junior box) to a 38,000 sq. ft. building pad site (identified as a LA Fitness); and the reduction of Building site B from a (9,100 sq. ft. Mission:Ensuring an attractive,clean,safe,inclusive commanio,that enhances the quality of life for all people andpreserves the public trust 2011 Master Plan (approved May 23, 2011) coo coo jp 0 O 000 . 00000 0_ 00� Ma� CO UNTY ROAD N O. 10 _ 'S > L _ SED MOm E-Wr r PYLONN +D7 WOP r r Y s -- _ O I �—PROPOKC,MD.-LIP.tENT r C SIG .TPROSnND1 RFRO vAL w9 u. VFrtFnJrS s�PRrIPOSEDslnN„le i ! u CPEEkkFGIO ALTFNI - It •. SIGN 1 PRO°nSCD LIrhITEfi' P fJ •,Y J 1. A'@ gHINGLECREEI.- yO¢. nFP{EEBCE°- P.AIN>ARDCN—`-r=� ':V - 1� �, ,.�\ �. °a �`l` MML_ONNECIIUN 1• 1 +�; h LI!(1 �� � , i iOh%ISTIMC.HRIIIGF PF.LIPOSCD ,\ - - (% I 1 / } yk. I'YLON_1GM (� '•, .; 7 // f r 1 I'#y�/ 3 Walmart l;: !� ✓ y tai sl oc� arorrc rsuam �( � y� 1 MI ,�A �L •r (�a�� 7 ~ X 'l > S► �? irxlsnrlr.s I 4 / -PROPOSFO FRFFMJ ' PYLON SIGN 'RY rILTRATION AREA(TYP J a� '� - , :,� r4lere �� � ,/ '"•+� ,� "'777 _ SHINGLE CREEK CROSSING 1 BROOKLYN CENTER, MN PPOPfSEDPYON SOON ,� ,� - 'y,` MASTER PLAN s' �� '• � MAY2011 „.0 rrornsro mEmAV, 1 4w 5 PI m hill� I�u.�NCIGrIQ�I � r Kimley-Horn - �'" ' • ► ' '# GATLIIv DEVELOPMENT COMPANY and Associates, Inc. � Nero mi.. I u s IMPRO'JFAMTSTD;FARS PARGI ISNOI PART OFTHISNJ)AND 1),La T - e.S7o+'• / AREYUNJLCITOCrtYAPMrJ'JA•. F'1.61.5-44&7104 0A Updated Master Plan (approved September 12, 2011 ) IL v -''S'ai� �1.-°•Y'� "��_�•,1�"r`'C.� :�i'.' Y A iR 'la.. � �� , 1 r •�, � �.�'n,,.++��,,�� 'I "y p raw C'ry� -_'i`_ ,d RrMr - 7 a� .. _ II IP.wr �� .r... \ r•�. '-aJ�„I.', .•;.YJ. —' ! 3, ,'`'+,1�_t ,'Y."�l'� '11:�:� J _'� � +V',''�'I�i_? � r'1!1 Ar", 1.!, "M1`• .'_1�1.'77_3."h^Yl^'�"t' .RAJ 'Ic I'1�'l1� CC11JWW ROAD t-fO- '10 ' _ ':;y�; �"".+."""�,°'--+.�, '1•�;.,'s�=a'95-......+�_.-�' - +.'c+c+�,., -1L''1°` .��cs,,..�,y„�q,.^w�-- C—��. ,5 __ I"tir`^r'T - - ' es 'I � 'i—I Aw�i"1'�'.`y 'u'1 .��d°1,'1v10.—f.'�Y"'ii'f��..�---+ti\: _ _ __� -r - •'�. 1._.I'. ~ c •I'� a� �NMrru Ir ° 'r Yr" � "T�'� r .�1 ,�nN1 L'�Irltl�.,• M �'�-' - Is'.r,r_.�NE rr;R .r + ,. S�'F � � ,�.�.. 1�.,��' ^!M � � nx. _.EEh rr•',_�SU.'rW:_ r.+,� 11 SV - � dg•r��-'.1� �.I/� •,� � 7 TI �::.L�.. '� (I 'Tr .:. � ,�•i'� �„ '�1�''M yam. ter.• I I •�h 't�--.i'F+_I"t, EG. 'll:+TEU �•d ,S..�c ,{.�r. • !J.a ,j`J`U I�r�rc. �• r�5•.-I1t11� � +w_ITr 'vt ys• � `�" Z lr1 A! � ti•'' � re .il�i NICK�"'.. t'r �u r.._ � �!! �_+ ,iC�,P4+ �' r I� ,�l T.,-<,r!•9rulx:E.,l-' *.'i",� "� 'r ..Jri,:� •`-"�, ,IMF L _ I "�' f ,/ V� * . a R lBrM. 0- WD1mtiri::t Elm=wja� i I'�- '�1 1 + ,�g_ .,r\ �■I.suu.lurcara _ r\::• 'w � .� "" �-' - �� � �y �� rte. eJJ ="IT� r .F,� �\• '.'+• Lr _ J11 y I SHINGLE CREEK CROSSING � .� �^r I: � •+� ,rl,r�'> f - � ;, BROOKLYN CENTER, MN MASTER PLAN August 20 11 �y 1 iJ Y � I 1 r; � Kin,ev-Hrn and DEVELOPMENT� �� c�r W:7r: 1 1 i17ii:.Lj Z. P7,cC: 7.1i c1J31f 1_.Ir!••IY��•liAi 1_ T Origina� ®veraH Perspective PDan (AprE, 2011) Hwy loo - -- a .- >_ ��-- V cw ij6 .. Bass Lake Road/CR 10 tf.J SHINGLE CREEK CROSSING GMIN DEVELOPIMENT COAL M7 Updated — OveraH Perspective Nan (Oct. 2011) rig rti lcI POE -rte YI - �- :. MEI i Y .. v YY. � Bass Lake Road l CR 10 CD SHINGLE CREEK CROSSING +:TAITIN D� •'-^�__ _ METRO TRANSIT STATION --''•.,E%ISTING _ __ _________________________ F_I(ISTING FALL �� B -� ISTING FULL FFIC :y�� I - � ACCESS COUNTY RD NO 10/BASS LAKE RD _---v-�' � I I nCCESS TRAFFIC C SIG AL _-�__ RAFFI SIGNi1L-----'•- SI AL -- ��y 10,D d U EASEMENT^^C_y�," IIr 1.-..,1 `• °"_- __- -__=e�.�---�- ---�•1 '12�F �..._ _ _-1P PARKING 20 BUILDING DRIVE_THRU_ BUILDING SETBACK COI' SETBACK _ _ SETBACK // -°a w r r r Y 1SBUILDING ""� 5 SETBACK II}`\ OUTLOT A, I In , \: '1✓ i s $` 10'D A U 'le ./J ¢9 11 F,y ��N��N \/ \ - D-66 f� EASEMENT "" Uk Al \/ O OCK I L 12. LOT 1. 'T1 \ 1;DUILDING// ;(// P \ , n[rAiE ^� L O II 1S V\`i1` ` , E%ISTING = _ SETBACK( / '...\ _�. _ a�\\\\,11^,' B C f " KOHus CK A / Z. PkoeosEy -RAwyEeS v�\>\�` Y./- - o3ml 1 Si^nLL 1 L t V A 11 A VAAA ,_ J FULL-' aaL �'�CCE15 fix= L� n�g <�,a �\ — ,d•, a\P r \ �\ ��� C\� T- � �_ � . 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ADglthKe b 9 i _✓U, / }'DTI / a I JN"a N" \ / / / /^ - LOCI�YI T D b�IGHT \ I m nn g \ /y( y \ PiiING �7 IACCES �r. // �/IC((Jn �� °°�' \ D a �✓, /� � LPRb E _ /\�'\, \ ��\� .1.sOoo„ F = e ��'�f� mcN� N k '�2 f J� z� :'� \\ \✓j�'^�r/' /Nma"" _ = '� \-. \' 70�a '��o4N � � ss•D a U\ SYMBOL LEGEND: 4. \\\ af'C'sF `\ 'DCK^1/ �4 �•\� E%ISTING 1j EASEMENT 1� ) I IL^ ' �i U�~ `�'' \ \ - 'd\ \�\ Walm rV,,' _'`\\' "u n( �i/� �,,.,� Sceglc, a--�i Aux,ox.,nxc°Lrc�:cc xc,xc Q Z F 0 OVERLOOK I t 1 1�I Z `^/(J f ,\ cy t�„n ae s 1 P\\`�\ °a 1 �G.�,%`�: c✓"'\a �-i'i. r r;i'��P, �J'::I% ! 0 rxcrc.ic r,.,10�.xoU nu w°,Cx =5C) - W W U_ROPERTY mu.uu LINE Z r - x W O L) Z F v LU SIGN LEGEND: W-a 2 Uj al 1 '� y� '1I I NENttyPNC \ \ i ,'li1 J M Q w co P S G•I^.',\ /1�'I j FP 0 raaw.r anox"al a 1 \ i�_ 7 111 w rr�� 'nom Y EKI�Sq ING \ a / � `j G9 � I .1 'SaV 1J Iv<' •�q��'C SITE DATA TABLE U' § L xl ARA7 ? u) Fk 7,1113'A`R�A1:'BEL`P p a' 10' fySd UJ; ERMWAT 6 SE%\NT �,�11 I.. C •,�;,\`C�'�•^ lu-1'� �G`: \ \ . STORMWATER ., %/ 1�\J _ W Pl1� Ut7I1'A Lu 15 yy��( 'AI,) h 'A `` _�'S� ' _ \\\.••\\ FP, �/1 Ui U I'D '' Ill / b _�EtXISTING �1�� \.\.:I I 'l l�� ..�K __ /G / \^' ♦,i/ J O FULL C� Y'\ \l III \v' //, O .a's^NSP!' - ?� �Il�{II EASEMENT NORTH ,cncnc U) q,1,rl 05/19/2011 10 ca xavmxcxlwir E 1 Ci N0. C�y� IJ}T' (J.�; 7✓ �� 16063]001 o uMe aE 1 77-11 do ,y -. � ,. .�.�./• { ��..: .. a ..�... :c ss - — — _vim - .4 I�t%1 jj.lfy �� �� �� sl 4 � • a I i ti + � I l 4�1 , N d r f f 4 � �I JP� •ti y �k } �1 sirs a , A f k� i q IFI � I� �,. � r• s f,, �. �� 5 LLL�J - __ DAVLIGHTED SHINGLE CREEK PROPOSED SHINGLE / . L CREEK REGIONALTRAIL PROPOGEO BUILDING PROPOSED + \ ORNAMENTAL // + t _ '/Y�, ' • !r TREE(TYPJ + �•Y r f PROPOSED PERGOLA hJ a! OVERLOOK SEATING AREA PROPOSED ADDITI \ _ � j - BHIHGLE CREEK OAYLIGHTING_ 7��. /OPO '/BENCH(TYP) � �M• - SHRUB/PERENNIAL 1' - BED PROPOSEO PREEWAV `—PROPOSED OVERSTORY PROPOSED SMALL PROPOSED EVERGREEN PYLON SIGN TREE(TYP.) TREE(TYP.) TREE(fYR) /+ RETAINING WALL TURF(TYP.) (ryPJ ®I SHINGLE CREEK CROSSING El PROPOSED PARK Kimley-I°torn ® BROOKLYN CENTER, MN GATLIN DEVELOPMENT COMPANY and Associates,Inc, G 10 20 4oR MAY 2012 101 Samh Main S11- _ - - '.c. Dick—,.Ttnnc—3]055 _ Tel:615-446-7101 F,,G15446-7105 "le COUNTY RU IIC,R, BASS, KlErGAO COUNTY N CA 10 BASS,LAKE ROAD CARIBOU Co'jL "I Ap co ED PHASING HATCH LEGEND: 0 W IV PHASE I COMPLETED IMPROVEMENTS LU <M: 12 PHASE It 31 PHASE]]I FUTURE IMPROVEMENTS (D IBTO,V. AREA OT TO BE DISTURBED DURING 0 STORMWATER CONSTRUCTION LU LU ALL CONTRACTORS MILIT COILT-T GOPHER STATE CALL ONE LU BEFORE CGNSTRU—BE-1 CITY AREA 651-454-0007. (30 z _ Phase I Improvements: Xerxes Ave. Entrance Bass Lake Road (Northway Intersection) Entrance Bass Lake Road (Shingle Creek Parkway) Entrance The reconstruction of 2323 feet of the perimeter roadway(Sears to Bass Lake Road) The construction of 3543 feet of interior roadway The construction of 5089 feet of interior sidewalks The construction and/or realignment of 2433 feet of trails (regional trail standards) The installation of 85 decorative lights along the internal streets and walkways The installation of 617 trees and 6545 shrubs/perennials The installation of 7122 feet of water mains i The installation of 2965 feet of sanitary sewer The installations of 1 lift station and 29 feet of force mains The installation of 10,779 feet of stormsewer The development of a 7.70 acre-foot storm water ponding 1 s' ti\i v t s �^ S J ems—---^ CL e Shingle Creek Crossing TIF District Projected TIF District Cash Flow and Bond Repayment REVENUE EXPENDITURES Annual Calendar Projected Tax Admin Exp pay-As-You Projected Interfund Loan Repayments Reimb Other Pooled Exp Surplus/ Year Ending Increment(TI) 10%TI Go Pmts Principal Interest Total P&I Indistrict Exp 10%TI (Deficit) (1) (2) (3) (4) (5) (6) (7) (8) (9) 12/31/2011 0 0 0 0 0 0 12/31/2012 0 0 0 0 0 0 12/31/2013 7,264 726 6,538 0 0 0 12/31/2014 302,214 30,221 271,993 0 0 0 12/31/2015 751,570 75,157 676,413 0 0 0 12/31/2016 839,895 83,990 503,937 0 251,969 (0) 12/31/2017 839,895 83,990 503,937 0 251,969 (0) 12/31/2018 839,895 83,990 503,937 0 251,969 (0) 12/31/2019 839,895 83,990 503,937 0 251,969 (0) 12/31/2020 839,895 83,990 322,789 0 257,662 257,662 175,454 0 12/31/2021 839,895 83,990 0 580,451 580,451 175,454 0 12/31/2022 839,895 83,990 362,564 217,887 580,451 175,454 0 12/31/2023 839,895 83,990 498,953 81,497 580,451 175,454 0 12/31/2024 839,895 83,990 518,912 61,539 580,451 175,454 0 12/31/2025 839,895 83,990 240,175 40,783 280,957 175,454 299,494 0 12/31/2026 839,895 83,990 249,782 31,176 280,957 175,454 299,494 0 12/31/2027 839,895 83,990 259,773 21,185 280,957 175,454 299,494 0 12/31/2028 839,895 83,990 269,842 10,794 280,636 1 175,454 1 299,4941 322 11,979,683 1,197,974 3,293,480 2,400,000 1,302,974 3,702,974 2,586,961 1,197,974 Projected Pay-As-You-Go Note Report City of Brooklyn Center,Minnesota Tax Increment Financing District(Renewal&Renovation) Brookdale Mall Redevelopment Project(Shingle Creek Crossing) TIF Plan Scenario-R&R District-$61.376M EMV-3 year build-out Note Date: 07/30111 Note Rate: 6.00% Amount: $2,300,000 Semi-Annual Unpaid Loan Projected Payments Net Semi-Annual Interest Balance Date Principal Interest P&I Revenue Interest Due Capitalized Outstanding 1 2 3 4 5 6 7 8 2,300,000.00 02/01/12 0.00 0.00 0.00 0.00 69,383.33 69,383.33 2,300,000.00 08/01/12 0.00 0.00 0.00 0.00 71,081.50 71,081.50 2,300,000.00 02/01/13 0.00 0.00 0.00 0.00 73,213.94 73,213.94 2,300,000.00 08/01/13 0.00 3,269.00 3,269.00 3,269.00 75,410.36 72,141.36 2,300,000.00 02/01/14 0.00 3,269.00 3,269.00 3,269.00 77,574.60 74,305.60 2,300,000.00 08/01/14 0.00 135,996.50 135,996.50 135,996.50 79,803.77 0.00 2,300,000.00 02/01/15 0.00 135,996.50 135,996.50 135,996.50 78,117.99 0.00 2,300,000.00 08101/15 15,770.38 322,436.12 338,206.50 338,206.50 76,381.63 0.00 2,284,229.62 02/01/16 269,679.61 68,526.89 338,206.50 338,206.50 68,526.89 0.00 2,014,550.01 08/01/16 191,531.83 60,436.50 251,968.33 251,968.33 60,436.50 0.00 1,823,018.18 02/01/17 197,277.78 54,690.55 251,968.33 251,968.33 54,690.55 0.00 1,625,740.40 08/01/17 203,196.12 48,772.21 251,968.33 251,968.33 48,772.21 0.00 1,422,544.28 02/01/18 209,292.00 42,676.33 251,968.33 251,968.33 42,676.33 0.00 1,213,252.28 08/01/18 215,570.76 36,397.57 251,968.33 251,968.33 36,397.57 0.00 997,681.52 02101/19 222,037.88 29,930.45 251,968.33 251,968.33 29,930.45 0.00 775,643.64 08/01/19 228,699.02 23,269.31 251,968.33 251,968.33 23,269.31 0.00 546,944.62 02/01/20 235,559.99 16,408.34 251,968.33 251,968.33 16,408.34 0.00 311,384.63 08/01/20 242,626.79 9,341.54 251,968.33 251,968.33 9,341.54 0.00 68,757.84 02/01/21 68,757.84 2,062.74 70,820.58 70,820.58 2,062.74 0.00 0.00 08/01/21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01/22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/01/22 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01/23 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/01/23 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01/24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/01/24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01/25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/01/25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01/26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/01/26 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01/27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/01/27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01/28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 08/01/28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/01129 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $2,300,000 $993,479.55 $3,293,479.55 $3,293,479.55 $993,479.55 $360,125.73 Prepared by:Springsted Incorporated(printed on 3/22/2011 at 2:18 PM) Brookdale Mall RR TIF projectionsREVMVPlat-03-22-1 1noinfl.xis i Shingle Creek Crossing Update Phase I & II City Council Work Session Meeting June 11 , 2012 Shingle Creek Crosq,, in ( Updates on Phase I and Phase II developments Policy questions related to PUD Development Agreement and Tax Increment Agreements Brookdale i ' f • I-pr ,� ,.lwf• 1 W CCXNFY ROM W,10 nr rip _? - .�. ,�� '-� ��•T JJ77 `� �JJ • «�Jd .�JJ .J.13�a1.7_ :i.. .��'JJ,IV - /' 7 r .VA • ;r "'! :h 1 soffxce� d-- •4..2' f - ��- ! ,, .moo-.. \ •r f _ O �^ .. � ' t f.'� -~� � 1f `� � r •'{ !'4 ,�1f t ;' ,► `., c 71. BROOKDALE CENTER REDEVELOPMENT October 2010 1r �, CD �F° � •� � .� ' ;.� _ � t Kimley-Horn CATLIN DEWPME Tf COMPANY and Associates.Inc. � t t1161!•141t0, - •'� 2011 Master Plan (approved May 23, 2011) Ll r ' COUNTY ROAC t,_ 7: .' .......... -- e. -�t,`,�`- ^-►+++rte . ` AOL yy NONifFNEN1=' !R �� 4* r-rrnr.rr grNl-.r" • v t �• At�dM �� r.�xeKNt,a�w.'r�a —FAfI. . � ,� nr+� � � • � � � S.e lICWNf. +� r" ,4, •� "ri� + i T � Y7. .. '� c�xTrJC j�l �1• 1 SHINGLE CREEK CROSSING �, '. ►�" BROOKLYN CENTER, MN MASTER PLAN IV pop,M CD ICmley-Horn • �` ` WLIN DEITLOPMENT C0WAV and Associates, Inc. � � .. MMyM,NlNly t(%5[YBnrw':F+SrgT hRF4°f 71k5 WD 4W M1�rn Z.wr.i>J�+ �� I..IC Y.f,tRT�:11•/rIL)�1],Vrt Tr:1. _u!'1[.J Original Overall Perspective Plan (April 2011) i� will if f'.44 ww-Lt a, - 7 mr SHINGLE CREEK CROSSING 71 INDENTLONE\ Updated Master Plan (approved September 12, 2011) ry - -`'"�j -��► r.""�,,.,r� !'-"�f�lr�-ice �,... �„�' ,,�� y � ." , ,.. i '"Y" , '�•.. C".lY ROAD KO tnPfarrcwev--' T+sar �16' � 40 rR sir \ 31 ..;1,• _— `A �` ! 1 • ;wr rote . + M • ,� sera wakywt : f_w. , •• 0% 10V brt1}A• e SHINGLE CREEK CROSSING < " • ' •'�► BROOKLYN CENTER, MN �. MASTER PLAN CD ..I1 Kim?ey-Horn �.LIN DRILCIP, ENT COVIRN' and Assoca!es, Inc.. ��� � rmxa>,csr.-c z�s r+aa:c��-v me n:a.ao •s.,....n..�.•.n,,. '� rrcFSrrrm�wa�.�. ie aa.�rrta Updated — Overall Perspective Plan (Oct. 2011) , r a e -a A s 7A Lw CDalas.txce Ru36;CA 10 •.._.., :.,.._.. . �... ...... • "'�.+.... SHINGLE CREEK CROSSING Sept. 12 , 2011 PUD Amendment (approved development standards) The separation of Sears from the remaining portion of the Mall with a two way access drive and landscaped pedestrian walkway; The construction of a new entry for Sear's ( zero lot line setback ); The reconfiguration of the interior mall and 123,242 sf. of retail space to a 150,591 sf. . retail building with exterior store fronts; The elimination of Building N, a 21 ,515 sf. . retail pad site adjacent to Sears and the converting of this area to a parking lot between Sears and Wal-Mart; and The creation of a commercial pad site with 30 parking stalls in the southeast quadrat of the 56th Ave. and Xerxes entrance. Proposed PUD Amendments (to be considered at the July 12 th PC) 771— YE-RC TURSIT STATICN -.EMTI A=" OGW"M NO U,SAM LAW W GrOPFArM IV r a U L"Evevir 7P RULDWS SEYMC. 2 I SE"91ACK OUTIOT A EASEWWMT a KaWd A Ct I L ) Si/J *a ,•--- ,,,i•' ,:.`\ J __a i 'n i I r IFS ,,+ LWI. IRA ♦71 7140 S EN LOT Wt-Ow LtM,-W: 9AS9 I 4M ,CVER PROPE"Y ARM ACN LVI-3 t M-W F CL U1 ran— U1 LLI Y 0 ASMWT CO 71TT —Tkccul 01 % "oe ri % z z 'lgil Wti ITI Z PIN PHASE 11 CONCEPTUAL 4*.Y- INGLE CREEK CROSSING DEVELOPMENT PLANS lll:I BROOKLYN CENTER.MN PHASING EXHIBI SHEET 2 OF I I 7 Ii J t ltd 1 F . 1 1 A � i{ h� � Y fit, S AI t s �, .. -- �s • 1. � _._-anm+rttn weo�t ealttK _ � r�eoae»u ewewF .,fµ` �ti �CREtn.r¢uur:u ralt8 <.arstn a+tfleeUl ly r OFgW/...: a: �{. ,jd .. 1 • � 'i _ .�. .+.. t . �������.A� 3' `w�LJ._il PYALW UM " IIETa11N0VO L pppl CD �— SHINGLE CREEK CROSSING Itimiey-Horn PROPOSED PARK BROOKLYN CENTER, MN GATLIN DEVELOPMENT COMPANY and Associates,Inc. ® � wr a.ear as dCAY.01 ar easaw7aa. re arv4wnae ' Five sites to be considered at the June 28thPC meeting ACCM F.-rlC ACOEIS COUNTY W,NO IS:IIAlS tA4 RC i iRAFFIC� .` '�.`----... _ ,�•... ._.__._.. ..... E FIC F ` ....,. •C PARKING LRIV L-1 i,R_ SETBACK MW 1a.1 .`-'�` _ .—^--��—^""-"�• , �• t' ., � - -2C 6UILCMC SETBACK _,..... .n—.. - _ -- SMACK GF , 1 n \ 1 "WIND sV' UETBAC f I L 1L LOT C.} . )., \\\ P cK \\ S 1 c?malu;€y is s\ ./ IL 'v'v LOTq 7 i � _ _ _ ._ ,- v-`. + v �i✓u niti vv, /�� llq iii LOT I. TRAIL CASCMEMT ` '�/ / t. ` J ., � `•1 \ / \,- IlVIC1N VANIESI �. O /`+ I BLOCK 7 ` _ ,. j' + a \\ p `` • '. 'AOOI 4 9S'0 lu `\ !--t�� SY',I+JL LEG-N} LCT 1, qR - i MOM M a .,: .��• - / /� ,OVERLOOK ! , ` 4e �• / / / �PROPERTY O � �� D. _i� LINE ..,w.a u W W O I lu SITE DATA TAMF _.- i t / W lx FULL „-JICCESB T / EABEIIFNi _ y m + r• lw •Y^ ' I I i i t i E 3 t - i S S i i i i s 4 e it !+ i3 I1 if I1 i, iL iL 9r e3 't er 4L . A d C 0 E F G &WIT — 2[l+ms/tlool ' I ER LARt YARR _ t f if 3 e \ � sry / \ \ I l - Zr+A t r Z-8 t OCALSTREE TREE q k g - �� Brooklyn Center TIF Districts ,� aAaK CENTERBR 7.IMT 41 TIF Districts `{:�• ✓ GOLF anr.ww>M 2103 - it , 7 / COUR 2100 M 21" Y i zlo+ zue a^ 1 + 2102 2+49 B�ootryn center OIS -°'-'---•'"- - March 16, 2011 , the City Council approves the •� •_ ` . . ................ creation of T I F No. 5 a •'•' •'•'•'•'•'•'•'•'•'•'•'•'•' . ........................ .......................... Renewal & Renovation Tax •'•'•'•'•'•'•'•'•'•'•'- °'•'•'•'•' Increment District for 8 ❖.•-• - •- . ❖• qualifying Brookdale Mall properties which enabled the City to provide financial - F assistance for the redevelopment of the Mall properties into the Shingle Creek Crossing PUD. , REKOi• REVENUE EXPENDITURES Annual Calendar Projected Tax Admin Exp Pay-As-You Go Note Payments Projected Interfund Loan Repayments Reimb Other Pooled Exp Surplus/ Year Ending Increment(TI) 10%TI Principal Interest Total P&I Principal Interest Total P&I Indistrict Exp 10%TI (Deficit) 1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 12 12/31/2011 0 0 0 0 0 0 0 0 12/31/2012 0 0 0 0 0 0 0 0 12/31/2013 7,264 726 0 6,538 6,538 0 0 0 12/31/2014 302,214 30,221 0 271,993 271,993 0 0 0 12/31/2015 751,570 75,157 335,491 340,922 676,413 0 0 0 12/31/2016 839,895 83,990 391,857 112,080 503,937 0 251,969 (0) 12/31/2017 839,895 83,990 415,721 88,215 503,937 0 251,969 (0) 12/31/2018 839,895 83,990 441,039 62,898 503,937 0 251,969 (0) 12/31/2019 839,895 83,990 467,898 36,039 503,937 0 251,969 (0) 12/31/2020 839,895 83,990 247,994 7,544 255,538 0 0 0 500,367 0 12/31/2021 839,895 83,990 0 0 0 0 0 0 755,905 0 12/31/2022 839,895 83,990 0 516,905 516,905 239,000 0 ----- ------------- 12/31/2023 839,895 83,990 0 556,243 556,243 199,662 0 - ------- -------------- ------------- ------------- ------------- ------------- -------------- ------------- ------------- ------------- ------------- -- 12/31/2024 839,895 83,990 381,390 174,852 556,243 199,662 0 12/31/2025 839,895 83,990 475,498 80,744 556,243 199,662 0 12/31/2026 839,895 83,990 494,518 61,724 556,243 199,662 0 12/31/2027 839,895 83,990 514,299 41,944 556,243 199,662 0 12/31/2028 1 839,895 1 83,990 534,294 21,372 555,666 199,662 577 11,979,683 1,197,974 2,300,000 926,228 3,226,228 2,400,000 1,453,784 3,853,784 2,503,146 1,197,974 (2)Projected Tax Increment revenue is net of State Auditor deduction of 0.36% (3)Administrative Expenditure is 10%of annual revenue in column(2) (4), (5), (6)Pay As You Go Note Payments represent payments on principal amount of$2.3M accruing interest at 6%,unpaid interest accrues without interest Available increment to service pay-go is 90%in the first 3 years(2013-2015), 60%thereafter until retired (7), (8), (9)-Anticipated repayment to City/Authority for interfund loan of$2,400,000 for land acquisition,assumed interest rate is 4%accruing from 12/31/2011 (10) The TIF Plan authorizes an approximate$1.831M of additional indistrict expenditures,amount shown includes interest repayment of$671,455 (11)Pooled Expenditure is delayed until indistrict expenditures are complete,to total 10%of total tax increment(TI)in column(2) (12) The annual surplus/(deficit)subtracts totals in columns(3), (6), (9), (10)and(11)from the TI Revenue in column(2) If expenditures in col.(10)&(11)do not occur,but the projected revenue in col.(2)and debt of$2.3 M and$2.4 M each occur as projected,the district could close in year underlined(2023),5 years prior to statutory decertification. The available funds in the district would retire the pay-as-you-go note and repay the Interfund Loan early. May 23, 2011 the City Council and EDA approved the Tax Increment Development Agreement for Shingle Creek Crossing which included the t. following major components: A 2.4 M loan facilitated by the 2010 Minnesota Jobs Bill, ■ $1 .4 M a forgivable loan, secured by the 1St mortgage on two lots (approx.. 4 acres) for the completion of the 1St phase improvements, including internal streetscaping and daylighting of the Shingle Creek. ■ $1 M forgivable loan, secured by a mortgage on the Kohl's lot, that is proportionately forgiven based on the percentage of Phase II Development completed in the first 5 years. A 2.3 M Pay-As-Go-note from the tax increment to be generated by the Shingle Creek Crossing Development. Terms for the conveyance of the EDA Parcel, former Ground Round/Boulevard restaurant lot (appraised value of the land) Economic Incentive to acquire and include the Midas Muffler lot into the PUD and Master Redevelopment Plans. ( EDA parcel + '/2 of cost difference exceeding the EDA parcel's value) <. , ol ila T 1 '♦ k T ' i � 1 s , ` •� S,i y _ 1 .. .� ..r.. ,i 1 '•.r go a f. VN it Y ; z t i y � r; } t 1t 3 lot # Rk \, r t i F4 1 fl , ,! , x 3 ' policy Issues : • Does the City Council support proceeding with an amendment to the Tax Increment Agreement for Shingle Creek Crossing that would facilitate further enhancements to the daylighting of Shingle Creek within the Shingle Creek Crossing Development? ■ Does the City Council support proceeding with an amendment to the Tax Increment Agreement for Shingle Creek Crossing that would facilitate further enhancements associated with the separation of the Sears building from the remaining portion of the mall and internal streetscaping?