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HomeMy WebLinkAbout2009 01-26 CCP Regular SessionPublic Copy AGENDA CITY COUNCIL STUDY SESSION January 26, 2009 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. City Council Discussion of Agenda Items and Questions 2. Miscellaneous 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn 0 0 • CITY COUNCIL MEETING City of Brooklyn Center January 26, 2009 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. -provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes 1. January 12, 2009 - Study Session 2. January 12, 2009 - Regular Session b. Licenses C. Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at Oak City, 2590 Freeway Boulevard, Brooklyn Center 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Tim Roche for His Dedicated Public Service on the Planning Commission • Requested Council Action: Motion to adopt resolution. • CITY COUNCIL AGENDA -2- January 26, 2009 8. Public Hearings -None 9. Planning Commission Items a. Planning Commission Application No. 2009-001 Submitted by the City of Brooklyn Center (EDA).. Request for Preliminary Plat approval to combine and divide three lots located at the southwest quadrant of Freeway Boulevard and Humboldt Avenue North to create two new lots of 8.25 and 5.23 acres in area. The Planning Commission recommended approval of this application at its January 15, 2009, meeting. Requested Council Action: -Motion to approve Planning Commission Application 2009-001 subject to the Planning Commission recommendations. 10. Council Consideration Items a. Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2009-01, 02, 03 and 04, Contract 2009-A, Aldrich Area Neighborhood Street, Storm Drainage, and Utility Improvements Requested Council Action: -Motion to adopt resolution. • b. Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2009-01 and 02, Contract 2009-A, Aldrich Area Neighborhood Street and Storm, Drainage Improvements Requested Council Action: Motion to adopt resolution. C. Resolution Calling for a Public Hearing on Proposed. Use of 2009 Urban Hennepin County Community Development Block Grant Funds and Public Comment on Reallocation of 2008 Community Development Block Grant Funds Requested Council Action: Motion to adopt resolution. d. Resolution Authorizing Execution of Engagement Letter for Auditing Services Requested Council Action: -Motion to adopt resolution. e. Resolution Authorizing Execution of Banking Services Agreement Requested Council Action: -Motion to adopt resolution. £ Mayoral Appointments to Watershed Commissions Requested Council Action: -Motion to ratify Mayoral appointments. CITY COUNCIL AGENDA -3- January 26, 2009 • 11. g. Resolution Amending the Schedule of Fees for Vacant Building Re-Occupancy Inspections Requested Council Action: -Motion to adopt resolution. Council Report 12. Adjournment • 0 City Council Agenda Item No. 6a • 0 MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY • OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 12, 2009 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:03 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, City Clerk Sharon Knutson, and Carol Hamer, Timesaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion on agenda item 6b, specifically in relation to property address 6807 Humboldt Avenue North. She inquired about the number of single-family units listed for approval of a rental license and whether the tenants with problems relating to drugs still reside at the property. Mr. Boganey explained there are four units listed for license approval at this address because the building is a quad, which is not considered multi-family. The requested information regarding the tenants can be provided at the next Council meeting. Councilmember Roche arrived at 6:05 p.m. Councilmember Lasman requested that the resolution under agenda item l Od be read for the public to clarify the situation. Councilmember Yelich requested discussion on agenda item IOm, specifically in relation to whether there is a plan to address 2009 budget adjustments. Mr. Boganey replied he has requested departments to defer certain expenditures over a certain dollar amount at least for the next several months to get a better handle on what the legislature may be doing. In addition, a process has been set up of revisiting all vacancies that occur in the City to be sure that the positions absolutely need to be filled. Staff would like the Council to be heavily engaged in identifying priorities for the year and to provide direction from a policy perspective on where the Council would like to look at potential cost savings/reductions. Staff is pointing towards the February 28, 2009, Council retreat to clarify the Council's direction. There was discussion on potential impacts to the 2009 budget resulting from possible reductions in • State funding. O 1 /12/09 -1- DRAFT Councilmember Yelich expressed concern in approving the proposed wage increase included in the Local 49 contract prior to a discussion on the budget at the Council retreat scheduled in February. Councilmember Roche requested discussion on agenda item 6e, specifically in relation to whether verbiage should be included in the Brooklyn Bridge Alliance for Youth agreement to require a check- in on a quarterly or semi-annual basis on how the initiative is progressing. Mayor Willson suggested Councilmember Roche serve as the alternate on the Board. He noted there will be two representatives from the Council that will attend the Board meetings and will be able to convey information to the Council. MISCELLANEOUS Councilmember Ryan requested discussion on whether it would be prudent for the Council to appoint a committee to allow for one or two members of the Council to back up the Mayor when he is unable to testify at the Capital if called. He noted in the past there has been concern about how effectively the City communicates with their elected representatives in St. Paul. There was one incident where a member of the Council testified before the legislature and did not represent the majority opinion of the Council. Mayor Willson noted historically when there has been the opportunity for either the Mayor or a Council Member to act as Mayor on the City's behalf it has been worked out by the Council. This process seems to be working fairly well. Mr. Boganey stated in regards to agenda item 7a, Mary O'Connor has indicated that she would prefer not to be recognized by the City Council. The majority consensus of the City Council was to honor the request of Mary O'Connor by not adopting the proposed resolution included on agenda item 7a, and to make it clear during the City Council meeting that it was requested by the former Council Member not to be recognized. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS SAFE CITY INITIATIVES Mr. Bechthold provided an overview and answered questions of the Council on the Safe City Initiative Program. There was discussion on the substation to be located near Cub Foods tying into the program and on the collaborative approach of developing volunteer security ambassadors. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Yelich seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. • 0 • 01/12/09 -2- DRAFT RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. SAFE CITY INITLATIVES The discussion continued on the Safe City Initiative Program. There was discussion on possible funding sources for the program and the technology approach of utilizing closed circuit television. There was additional discussion on the collaborative approach of developing volunteer security ambassadors, specifically in relation to senior programs that bring seniors in to work on a variety of tasks and exploring the implementation of a volunteer coordinator. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:55 p.m. Motion passed unanimously. • • 01/12/09 -3- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • REGULAR SESSION JANUARY 12, 2009 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. • Councilmember Ryan moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Fr. Brian Gillis of St. Alphonsus Catholic Church provided the Invocation. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Sharon Knutson administered the Oath of Office to Councilmembers Kay Lasman and Tim Roche. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by'Mayor Tim Willson at 7:05 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary 01/12/09 -1- DRAFT Eitel, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, City Clerk Sharon Knutson, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve_ the_ Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. December 8, 2008 - Study Session 2. December 8, 2008 - Regular Session 3. December 8, 2008 - Work Session 4. December 8, 2008 - Executive Session 6b. LICENSES BOWLING ALLEY AMF Earle Brown Lanes FIREWORKS - PERMANENT Cub Foods Target Corporation GARBAGE COLLECTION VEHICLE Garbageman, Inc. GASOLINE SERVICE STATION Brookdale Citgo Brooklyn Center Municipal Garage Brooklyn Center Service, Inc. Boulevard Enterprises, Inc. Holiday Stationstores, Inc. Metropolitan Council Metro Transit Qwest Communications SuperAmerica #3192 SuperAmerica #4058 SuperAmerica #4160 MECHANICAL NAC Mechanical The Maintenance Team PUBLIC DANCE AMF Earle Brown Lanes 6440 James Circle 3245 Co Rd No 10 6100 Shingle Creek Parkway 401 11 to Avenue South #200, Hopkins 5710 Xerxes Ave N 6844 Shingle Creek Parkway 6849 Brooklyn Blvd 5300 Dupont Ave N 420 66th Ave N 6845 Shingle Creek Parkway 6540 Shingle Creek Parkway 6950 Brooklyn Blvd 1901 57th Ave N 6545 West River Road 1001 Labore Industrial Ct, Vadnais Heights 10250 Valley View Rd, Eden Prairie 6440 James Circle • • • 01/12/09 -2- DRAFT RENTAL INITIAL 1601 68th Ln N • 2907 64th Ave N 3224 67th Ave N 5418 70th Cir 4009 73rd Ave N 6315 Brooklyn Blvd 5609 Bryan Ave N 5812 Camden Ave N 5307 Emerson Ave N 6712 Emerson Ave N 7042 Emerson Ave N • 5636 Fremont Ave N 6807 Humboldt Ave N CIO 1 6807 Humboldt Ave N C102 6807 Humboldt Ave N C103 6807 Humboldt Ave N C204 6807 Humboldt Ave N B 102 6807 Humboldt Ave N B301 6807 Humboldt Ave N B304 6807 Humboldt Ave N A 102 6807 Humboldt Ave N A201 6807 Humboldt Ave N A202 6807 Humboldt Ave N A204 5746 Irving Ave N 5730 June Ave N 5524 Logan Ave N 5401 Morgan Ave N 6148 Noble Ave N 6343 Orchard Ave N 6125 Scott Ave N 6401 Scott Ave N Miesha Allen Chudi Igbanugo Haymant Dasrath Douglas Wahl Usbelia Dora Raymond He Mai Vang Roberto Rodriguez Jeff Theisen Azeem Begum John Hicks Samer Alamy William Lind William Lind Raymond Charest William Lind William Lind Raymond Charest Richard Edlich William Lind William Lind Margaret Berlin William Lind Kathy Becker David Holt Kyle Klawiter Amit Kirdatt Jose Mendoza Thomas & Dawn Mould David Rosenberg Glenn Berscheit RENEWAL 5401 63rd Ave N 700-890 66th Ave N Georgetown Park Townhouses Specific exterior items remain to be done. Weather deferral is through May • 31, 2009 6700 Orchard Ln N Marvin Garden Townhomes 5207 Twin Lake Blvd E 5300-04 Vincent Ave N 2318 55th Ave N 5101 Eleanor Ln 6343 Emerson Ave N 6823 Fremont PI N 01/12/09 -3- John Schwarz Wiensch Construction Redevco Marvin Garden Ltd David Ulhorn Steven & Debra Elhardt Helen Osonowo Michael Potaczek Michael Meyer Duane Carter DRAFT SECONDHAND GOODS DEALER CD Warehouse GameStop 4535 GameStop #1704 TOBACCO RELATED PRODUCT Amarose Gifts American Legion Post 630 Brookdale Citgo Brooklyn Center Municipal #1 Brooklyn Center Municipal #2 Brooklyn Center Service, Inc. CVS Pharmacy #1683 Cub Foods Holiday Stationstores, Inc. Musaab Inc. Royal Tobacco Sankhar Forex, Inc. Sun Foods SuperAmerica #3192 SuperAmerica #4058 SuperAmerica #4160 Value Food Walgreen Company 6072 Shingle Creek Pkwy 6068 Shingle Creek Pkwy 1307 Brookdale Center 1108 Brookdale Center 6110 Brooklyn Blvd 5710 Xerxes Ave N 5425 Xerxes Ave N 6930 Brooklyn Blvd 6849 Brooklyn Blvd 5801 Brooklyn Blvd 3245 Co Road 10 420 66t' Ave N 6890 Shingle Creek Pkwy 6930 Brooklyn Blvd 5808 Xerxes Ave N 6350 Brooklyn Blvd 6950 Brooklyn Blvd 1901 57 h Ave N 6545 West River Road 6804 Humboldt Ave N 6390 Brooklyn Blvd 6c. RESOLUTION NO. 2009-01 DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION NO. 2009-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2009-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND VISIT MINNEAPOLIS NORTH 6f. RESOLUTION NO. 2009-04 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6g. RESOLUTION NO. 2009-05 GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS 6h. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 501 73RD AVENUE NORTH 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 01/12/09 -4- DRAFT • 0 • 7a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARY O'CONNOR FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Willson stated Mary O'Connor has requested not to be recognized for her public service with the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded not to adopt the proposed resolution expressing recognition and appreciation of Mary O'Connor for her dedicated service as council member in order to honor the request of Mary O'Connor. _=r Motion passed unanimously. 7b. RESOLUTION NO. 2009-06 EXPRESSING RECOGNITION AND APPRECIATION OF MICHAEL JOHNSON FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-06 Expressing Recognition and Appreciation of Michael Johnson for his Dedicated Public Service on the Housing Commission. Mayor Willson recited Resolution No. 2009-06. It was noted that Mr. Johnson has made a significant contribution through his service on the Housing Commission. 0 Motion passed unanimously. 7c. RECOGNITION OF BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNERS 1. RESOLUTION NO. 2009-07 RECOGNIZING LEONE WADSWORTH HOWE AS A BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNER Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-07 Recognizing Leone Wadsworth Howe as a Brooklyn Historical Society 2008 Hall of Fame Award Winner. Mayor Willson recited Resolution No. 2009-07. Motion passed unanimously. 2. RESOLUTION NO. 2009-08 RECOGNIZING EARL SIMONS AS A BROOKLYN HISTORICAL SOCIETY 2008 HALL OF FAME AWARD WINNER Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. • 2009-08 Recognizing Earl Simons as a Brooklyn Historical Society 2008 Hall of Fame Award Winner. 01/12/09 -5- DRAFT Mayor Willson recited Resolution No. 2009-08. Motion passed unanimously. 7d. RESOLUTION NO. 2009-09 EXPRESSING APPRECIATION FOR THE , DONATIONS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE 2009 AND 2010 SAFETY CAMP PROGRAMS, 2009 EARLE BROWN DAYS PARADE, 2009 EARLE BROWN DAYS SENIOR GOLF TOURNAMENT, 2009 ENTERTAINMENT IN THE PARK PROGRAM, 98TH BIRTHDAY CELEBRATION, AND THE 2009-HOL- LY SUNDAY ACTIVITIES Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2009-09 Expressing Appreciation for the Donations of the Brooklyn Center Lions Club in Support of the 2009 and 2010 Safety Camp Programs, 2009 Earle Brown Days Parade, 2009 Earle Brown Days Senior Golf Tournament, 2009 Entertainment in the Park Program, 98t' Birthday Celebration, and the 2009 Holly Sunday Activities. Mayor Willson recited Resolution No. 2009-09. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. FRANCHISE FEE ORDINANCE AMENDMENTS 1. ORDINANCE NO. 2009-01 AMENDING ORDINANCE NO. 2003-22, EXHIBIT A; • FEE SCHEDULE FOR AN ELECTRIC FRANCHISE FEE ON XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF BROOKLYN CENTER Mr. Jordet discussed the history and provided an overview of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Ms. Judith Thorbus, 6265 Brooklyn Drive North, addressed the Council and stated her opposition to the proposed increase to the franchise fee. Ms. Thorbus stated her position that the franchise fee is another hidden tax surcharge. She questioned how many other neighborhood communities have legislated this fee. Ms. Thorbus stated when this fee was first introduced she believes Councilmember Lasman thought other options of raising revenue would come to focus in the future and that a temporary fee would be sufficient. Ms. Thorbus expressed concern regarding the significant portion of the City's residents that fall through the cracks and do not qualify for energy assistance. She stated her position that energy, gas and heat are basic, and that options should be looked at rather than to use it as a source of revenue for the City. She also expressed concern regarding the placement of street lights in the City and that some of the streets in the City are very dark. Mr. Dan Remiarz, 6201 June Avenue North, addressed the Council and stated his preference to pay • the proposed fee directly to the City rather than going through the gas or electric company with state 01/12/09 -6- DRAFT tax being added to the charge. Mr. Michael Parks, 3218 64th Avenue North, addressed the Council and asked what street • improvements the franchise fee will be used for. Mayor Willson provided information on the work involved in the 2008 and 2009 street reconstruction program. He explained it is a 30 year program that the City is 15 years through. Mr: Parks verified that the City Council sets the priorities on the projects that will occur. Councilmember Lasman moved and Councilmember Ryan-seconded to close the public hearing. Motion passed unanimously. There was discussion on funding for the street reconstruction program. Mr. Boganey stated the franchise fees that are collected go to the Street Reconstruction Fund and those dollars are used to pay the City's share of the street reconstruction project cost. Water improvements are funded through the Water Fund, utility improvements are funded through the Utility Fund, and sanitary improvements are funded through the Sanitary Fund. Most of the street reconstruction is paid from a combination of special assessments and the monies coming from the franchise fee. He clarified that the fees collected go into the Street Reconstruction Fund and are not transferred into the General Fund. It was noted that the franchise fee increase adds up to approximately 48 cents annually and goes to subsidize street redevelopment in the City, and that one of the primary responsibilities of city government is the maintenance of infrastructure. In addition, the installation of curb and gutter • improves the overall quality of the neighborhoods. Councilmember Yelich moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2009-01 Amending Ordinance No. 2003-22, Exhibit A; Fee Schedule for an Electric Franchise Fee on Xcel Energy for Providing Electric Service Within the City of Brooklyn Center. Motion passed unanimously. 2. ORDINANCE NO. 2009-02 AMENDING ORDINANCE NO. 2003-23, EXHIBIT A; FEE SCHEDULE FOR A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the public hearing. Motion passed unanimously. i Councilmember Lasman stated her position that the four cent per household increase in the franchise fee is reasonable and that the Street Reconstruction Program is as important today as when it was 01/12/09 -7- DRAFT implemented. It was noted that without the proposed increase the Street Reconstruction Program would likely need to be drastically reduced. • Councilmember Yelich moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2009-02 Amending Ordinance No. 2003-23, Exhibit A; Fee Schedule for a National Gas Franchise Fee on CenterPoint Energy Minnegasco's Operations Within the City of Brooklyn Center. Motion passed unanimously. 8b. ORDINANCE NO. 2009-03 AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES - Mr. Boganey introduced the item and discussed the history of the proposed ordinance. Mr. Gatlin provided an overview of the proposed ordinance. It was noted that if smoke from a recreational fire is being directed to a nearby resident, the Fire Department will come to the site if the resident calls and complains. Councilmember Lasman moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Mr. Dan Remiarz, 6201 June Avenue North, addressed the Council and stated his opposition to recreational fires being allowed in the City. He expressed concern for people with allergies and questioned if the City has responsibility if a fire spreads. Mr. Clarence Dhein, 6344 Quail Avenue North, addressed the Council and stated his support of recreational fires being allowed as included in the ordinance amendment. Ms. Rozalinda Sitler, 5513 France Avenue North, addressed the Council and stated her support of recreational fires being allowed as included in the ordinance amendment. She noted that one of the benefits provided by recreational fires is bringing families together. She stated if there is an issue with a fire it should be common sense to talk to the neighbor having the fire or going through the City Council or Fire Department. Councilmember Lasman moved and Councilmember Ryan seconded to close the public hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2009-03 Amending Chapter 5 of the City Code of Ordinances. It was noted that some residents like recreational fires and others find them objectionable. In order to accommodate this difference cities try to put in place common sense restrictions that are enforceable. If there is a problem with a recreational fire residents are encouraged to call 911. Another option for contacting the City is E-Citizen. Motion passed unanimously. 01/12/09 -8- DRAFT • • • 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECT PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson announced the Mayoral recommendation for Mayor Pro Tem and Acting Mayor.,Pra._ Tern for the year 2009 as Councilmember Lasman and Councilmember Ryan respectively. Councilmember Roche moved and Councilmember Lasman seconded to ratify the nomination of Kay Lasman as Mayor/President Pro Tem and Dan Ryan as Acting Mayor/President Pro Tem. Motion passed unanimously. 10b. RESOLUTION NO. 2009-10 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson recited Resolution No. 2009-10. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-10 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2009 Mayor Willson noted the addition of Councilmember Roche as alternate to the Brooklyn Bridge Alliance for Youth. 2009 Mayoral appointments requested for ratification: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Crime Prevention Program NW Suburbs Cable Communications Commission Brooklyn Center Special Events Committee Earle Brown Days Committee North Hennepin Area Chamber of Commerce Metro Cities (Association of Metropolitan Municipalities) League of Minnesota Cities Council Member Dan Ryan Tim Roche Mark Yelich Kay Lasman Tim Roche Kay Lasman Tim Roche Kay Lasman Tim Willson; Mark Yelich - Alternate Tim Willson; Dan Ryan - Alternate There was discussion on the similarity of the 2009 appointments to the 2008 appointments. 01/12/09 -9- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativeNoting Delegates for Other Organizations for 2009. Motion passed unanimously. • 10d. CONSIDERATION OF LIQUOR LICENSE FOR SAN ANTONIO GRILL, 2010 FREEWAY BOULEVARD; RESOLUTION NO 2009-I1 RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM SAN ANTONIO OF BROOKLYN CENTER, LLC Mr. Boganey introduced the item, discussed the history and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-11 Relating to the Application for an Intoxicating Liquor License from San Antonio of Brooklyn Center, LLC. Mayor Willson recited Resolution No. 2009-11. Motion passed unanimously. 10e. RESOLUTION NO. 2009-12 AUTHORIZING PROPOSED USE OF 2008 TARGET CHARITABLE CONTRIBUTION GRANT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-12 Authorizing Proposed Use of 2008 Target Charitable Contribution Grant. Mayor Willson recited Resolution No. 2009-12. He thanked the citizens, volunteers and corporations that contribute to the City. Motion passed unanimously. 10L RESOLUTION NO. 2009-13 ESTABLISHING THE INTEREST RATE FOR 2009 SPECIAL ASSESSMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. • 01/12/09 -10- DRAFT Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-13 Establishing the Interest Rate for 2009 Special Assessments. Motion passed unanimously. 10g. RESOLUTION NO. 2009-14 APPROVING CHANGE ORDER NO. 3, IMPROVEMENT PROJECT NOS. 2008-05, 06, 07, AND 08, CONTRACT 2008-B, XERXES AVENUE/NORTHWAY DRIVE; STREET AND UTILITY IMPROVEMENTS Mr. Lillehaug stated the purpose of the proposed resolution and provided an overview of Change Order No. 3 for Improvement Project Nos. 2008-05, 06, 07, and 08, Contract 2008-B; Xerxes Avenue / Northway Drive; Street and Utility Improvements. Councilmember Ryan moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009-14 Approving Change Order No. 3, Improvement Projects Nos. 2008-05, 06, 07, and 08, Contract 2008-B, Xerxes Avenue / Northway Drive; Street and Utility Improvements. Motion passed unanimously. 10h. RESOLUTION NO. 2009-15 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2008-17, CONTRACT 2008 CAPITAL MAINTENANCE BUILDING PLAN Mr. Lillehaug discussed the history and purpose of the proposed resolution. He presented staffs • recommendation to accept the lowest responsible bid with Alternate 2 and award a contract to Commercial Systems LLC of St. Paul, Minnesota for the 2008 Capital Building Maintenance Plan, Contract 2008-K in the amount of $149,836. There was discussion on the aesthetics and durability of the composite material deck boards included in Alternate 2. It was noted that composite deck will not require the maintenance of applying sealant every two to three years that is required with cedar or pre-treated deck boards. In response to questions about the possibility of including the back area of the Civic Center in the 2008 Capital Maintenance Building Plan scope of work, Mr. Lillehaug explained that he believes there are improvements in the 15 year plan for this area, but that it is not included in the 2008 scheduled improvements. Staff will look into whether there are safety concerns in this area. The majority consensus of the City Council was to direct staff to report back to the Council on the back area of the Civic Center and where it fits into the Capital Maintenance Building Plan. In response to whether there are safety projects that might take precedence over items included in the 2008 Capital Maintenance Building Plan, Mr. Lillehaug explained that these improvements were prioritized and grouped together to give the City the best bang for the buck. Work will be done in 2009 that was planned for 2008, and if work planned for 2009 fits into the budget scheme it will be done in 2009 as well. He will conduct an evaluation of the plan to ensure that safety elements are prioritized. 01/12/09 -11- DRAFT Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-15 Accepting Bid and Awarding a Contract, Improvement Project No. 2008-17, Contract 2008 Capital Maintenance Building Plan. Motion passed unanimously. 10i. RESOLUTION NO. 2009-16 APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2008-01, 02, 03, AND 04, CONTRACT 2008-A, 2008 RESIDENTIAL AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS (MARANATHA) Mr. Lillehaug introduced the item, discussed the history and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-16 Approving Change Order No. 2 Improvement Project Nos. 2008-01, 02, 03, and 04, Contract 2008-A, 2008 Residential Area Neighborhood Street and Utility Improvements (Maranatha). Motion passed unanimously. 10j. RESOLUTION NO. 2009-17 APPROVING AMENDMENT AND EXTENSION OF A SHOPPING CENTER LEASE FOR BC LIQUOR STORE #1 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION NO. 2009-17 Approving Amendment and Extension of a Shopping Center Lease for BC Liquor Store #1. Motion passed unanimously. 10k. RESOLUTION NO. 2009-18 AFFIRMING FEES FOR CERTAIN LEASES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2009-18 Affirming Fees for Certain Leases. Motion passed unanimously. 101. RESOLUTION NO. 2009-19 AUTHORIZING THE CITY OF BROOKLYN CENTER'S HOUSING ADOPTION AND PARTICIPATION IN CRIME FREE MULTI-HOUSING PROGRAM Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. • is • 01/12/09 -12- DRAFT Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-19 Authorizing the City of Brooklyn Center's Housing Adoption and Participation in Crime Free Multi-Housing Program. Councilmember Yelich stated his support of similar standards being applied to other rental properties in the City in the future. Mayor Willson thanked Representative Hilstrom for her work on this program. Motion passed unanimously. 10m. RESOLUTION NO. 2009-20 APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2009) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2009-20 Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Year 2009). Councilmember Yelich moved and Councilmember Roche seconded to table RESOLUTION NO. 2009-20 until the first part of March of 2009 after the City Council has had the opportunity to hear about an overall budget plan for the City. Councilmember Yelich stated his support of putting the City Council raises that were recently put into effect on the table as a show of solidarity with the Local 49. Councilmember Ryan expressed concern with the City Council entering into issues concerning labor contracts that have already been negotiated. Mayor Willson, Councilmembers Lasman and Ryan voted against the same. Motion on amendment failed. Councilmember Yelich voted against the same. Motion passed. 10n. RESOLUTION NO. 2009-21 ADOPTING THE SHINGLE CREEK DAYLIGHTING STUDY FRAMEWORK PLAN AS A DEVELOPMENT GUIDE FOR CREEK ENHANCEMENTS AND PLANNING FOR THE REDEVELOPMENT OF THE BROOKDALE MALL AND OPPORTUNITY SITE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2009-21 Adopting the Shingle Creek Daylighting Study Framework Plan as a Development Guide • for Creek Enhancements and Planning for the Redevelopment of the Brookdale Mall and Opportunity Site. 01/12/09 -13- DRAFT Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich: No report. • Councilmember Lasman reported on her attendance at the following events: ■ January 7, 2009 Aldrich Neighborhood Street Reconstruction Project Meeting. ■ January 8, 2009 Special Events Committee Meeting. The Brooklyn Center 98th birthday party will be on February 7, 2009 at the Earle Brown Heritage Center. Individuals can contact the Brooklyn Center Community Center at 763-569-3400 for more information. Councilmember Roche reported on his attendance at the following events: ■ Brooklyn Bridge Youth Alliance kickoff at Edinburgh Golf Course on Friday, January 4, 2009. ■ A meeting with two members of the Brookdale Hennepin County Library in late 2008 where he communicated that there have been certain organizations that have not had the opportunity to utilize the public rooms in that area. The largest meeting room is now open to the public and the homework pub has been moved forward to the front of the lobby area. Councilmember Ryan reported on his attendance at the January 7, 2009 Aldrich Neighborhood Street Reconstruction Project Meeting. Mayor Willson reported on his attendance at the following events: ■ Brooklyn Bridge Youth Alliance Blue Jean Ball and formal signing of the agreement between the Alliance entities. ■ Visit Minneapolis North Meeting. The National Sports Center is actively working to have cities withdraw or opt out of the agreement, which will likely result in a restructuring of the organization and boundaries. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:07 p.m. Motion passed unanimously. 0 01/12/09 -14 DRAFT citlY Item -So. 6b co""e-tukveuda • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: January 20, 2009 one SUBJECT: Licenses for Council Approval Recommendation: I recommend that the City Council approve the following list of licenses at its January 26, 2009, meeting. Background: The following, businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. GASOLINE SERVICE STATION Royalty & Sons, Inc. 6044 Brooklyn Boulevard MECHANICAL Kalmes Mechanical Inc. Major Mechanical Inc. 15440 Silverrod Street NW, Andover 11201 86`" Avenue N, Maple Grove RENTAL See attached report. SIGN HANGER Apparently Graphic Ltd. 7420 West Lake Street, St. Louis Park TOBACCO RELATED PRODUCT Royalty & Sons, Inc. 6044 Brooklyn Boulevard 0 Rental Licenses for Council Approval on January 26, 2009 InspectorClerkClerkClerkPoliceUtilitiesAssessing DwellingRenewalUnpaidUnpaid Property AddressOwnerCalls for Service Typeor InitialUtilitiesTaxes 3825 51st Ave NSingle FamilyInitialKnut DangNone per 12-911 OrdinanceOKOK 5712 Bryant Ave NSingle FamilyInitialTeng ThaoNone per 12-911 OrdinanceOKOK 5341 Girard Ave NSingle FamilyInitialJeremy RobertsonNone per 12-911 OrdinanceOKOK 5420 Girard Ave NSingle FamilyInitialScot SorumNone per 12-911 OrdinanceOKOK 5442 James Ave NSingle FamilyInitialGerald StigsellNone per 12-911 OrdinanceOKOK 5619 Knox Ave NSingle FamilyInitialMacaulay IginiamreNone per 12-911 OrdinanceOKOK 5840 Knox Ave NSingle FamilyInitialJared LundgrenNone per 12-911 OrdinanceOKOK 7100 Kyle Ave NSingle Family InitialMichael BirchardNone per 12-911 OrdinanceOKOK Ewing Square Townhomes6 Bldgs2 Disturbing Peace per .09 calls for service 6130 Franace Ave N23 Unitsper unit per 12-913 Ordinance RenewalEwing Square AssociatesOKOK Sterling Square 6700 Humboldt Ave N Property manager Lisa was on site for 1 Assualt, 3 Burglary, 1 Property Damage, 3 inspection and gave me a letter that Disturbing Peace, 3 Drug, 1 Theft, 1 Weapon indicates the plan of action on the exterior 4 Bldgs (.24 calls for service per unit per 12-913 stucco. Project should be complet no later 54 UnitsOrdinance) RenewalJohn RoderOKOK than Fall Sep 30th, 2009. 6915 Brooklyn BlvdSingle Family RenewalCurtis CadyNone per 12-911 OrdinanceOKOK 5935 Dupont Ave NSingle Family RenewalGina DumasNone per 12-911 OrdinanceOKOK 6124 Emerson Ave NSingle Family RenewalNicholas LewisNone per 12-911 OrdinanceOKOK 5814 Ewing Ave NSingle Family RenewalSalim and Michele NyarechaNone per 12-911 OrdinanceOKOK 6300 France Ave NSingle Family RenewalWade KlickNone per 12-911 OrdinanceOKOK 5618 Hillsview RdSingle Family RenewalNita MorlockNone per 12-911 OrdinanceOKOK 5650 Humboldt Ave NSingle Family RenewalSyed RazaNone per 12-911 OrdinanceOKOK 6137 Lee Ave NSingle Family RenewalBen Dossman IVNone per 12-911 OrdinanceOKOK 4218 Winchester LnSingle Family RenewalRonald OsborneNone per 12-911 OrdinanceOKOK • A ends Item No, 6c City Council g • • • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 20, 2009 SUBJECT: Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at Oak City, 2590 Freeway Boulevard, Brooklyn Center Recommendation: It is recommended that the City Council consider adoption of Resolution Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Center Lions Club to Conduct Lawful Gambling at Oak City, 2590 Freeway Boulevard, Brooklyn Center. Background: The Brooklyn Center Lions Club has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Oak City, 2590 Freeway Boulevard, Brooklyn Center. A background investigation has been conducted by the Brooklyn Center Police Department • which indicates the investigation did not reveal any issues that would prohibit the issuance of the license. Minn. Stat. & 349.313 Subd. 2. Local approval. Before issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. The board may require organizations or bingo halls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the city council or county board approving the premises permit or bingo hall license. The resolution must have been adopted within 90 days of the date of application for the new or renewed permit or license. Attached is a resolution for City Council consideration to authorize approval of the issuance of a premises permit for Brooklyn Center Lions Club to conduct lawful gambling at Oak City, 2590 Freeway Boulevard, Brooklyn Center. Budget Issues: There are no budget issues to consider. 0 . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN CENTER LIONS CLUB TO CONDUCT LAWFUL - GAMBLING AT OAK CITY, 2590 FREEWAY BOULEVARD, BROOKLYN CENTER, MINNESOTA WHEREAS, the Brooklyn Center Lions Club has submitted a Minnesota Lawful Gambling Premises Permit Application to conduct lawful gambling at Oak City, 2590 Freeway Boulevard, Brooklyn Center, Minnesota; and WHEREAS,'the Minnesota Gambling Control Board requires a municipality to submit a resolution authorizing approval of the issuance of any lawful gambling premises permit within its borders; and WHEREAS, the Brooklyn Center Lions Club has submitted all appropriate and necessary documentation for the premises permit and a background investigation has been conducted by the Brooklyn Center Police Department regarding all named gambling managers and nothing was found in that investigation that would preclude the issuance of a Minnesota Lawful Gambling License; and WHEREAS, the Brooklyn Center Lions Club agrees to provide to the City of Brooklyn Center each month copies of the monthly reports they submit to the Minnesota Gambling Control Board. • NOW THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, that the issuance of a premises permit to the Brooklyn Center Lions Club to conduct lawful gambling at Oak City, 2590 Freeway Boulevard, Brooklyn Center, Minnesota, is hereby approved. January 26. 2009 Date ATTEST: City Clerk Mayor 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. 0 i Minnesota Lawful Gambling 11108 Page 1 of 2 LG214 Premises Permit Application Annual Fee $150 FOR BOARD USE ONLY Check # Organization Information c; q- Organization name 0,Yf`fl~~ iip C CY License number-t~3 Chief executive officer (CEO)-(~X 1~t11 S = Daytime phone 1 (e~- Gambling Premises Information • (Do not use a P.O. box number or mailing address) City ~~oo I Township County Zip code w `4."4V oR Amok-It 55%{3 Does your organization own the building where the gambling will be conducted? ❑Yes _ZNo If no, attach LG215 Lease for Lawful Gambling Activity. Name of establishment where gambling will be conducted G-f--o' t-Lc - ' GAV 0 Street address where premises is located a5 Qv Fcte l "4-r A. ss ~?-o Gambling Bank Account Information (must be in Minnesota) si~q name Bank account number kmtyl' tp\~6iAM Lv-v;~ v~o Bank street address city State Zip code All Temporary and Permanent Off-site Storage Spaces (for gambling equipment and records related to this site - must be stored in Minnesota) Address (Do not use a P.O. box number) City State Zip code y MN Bingo Occasions (including bar bingo) Enter day and beginning/ending hours of bingo occasions (indicate A.M. or P.M.). An occasion may not exceed 8 hours. Day Beoinnina/Endina Hours • to to to to to to to to to to to pay Beainnina/Ending Hours to to to to to to to to to to to Reset Form 1~ Print Form • LG214 Premises Permit Application 11/08 Page 2of2 Data Privacy When the Board issues your premises permit, all permit The information requested on this form (and any attachments) will information provided will become public. If the Board does not be used by the Gambling Control Board (Board) to determine your issue you a premises permit, all the information provided remains qualifications to be involved in lawful gambling activities in private, with the exception of your name and address that will Minnesota, and to assist the Board in conducting a background remain public. investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this Private data about you are available to: Board members; Board information, the Board may not be able to determine your staff whose work requires access to the information; Minnesota's qualifications and, as a consequence, may refuse to issue you a Department of Public Safety; Attorney General; Commissioners of premises permit. If you supply the information requested, the Administration, Finance, and Revenue; Legislative Auditor; Board will be able to process your application. national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are Your name and address will be public information when received specifically authorized by state or federal law to have access to by the Board. All other information you provide will be private the information; individuals and agencies for which law or legal data until the Board issues your premises permit. order authorizes a new use or sharing of information after this notice was given; and anyone with your consent. Acknowledgment and Oath 1. I hereby consent that local law enforcement officers, the Board or its agents, and the commissioners of revenue or public safety and their agents may enter the premises to inspect it and enforce the law. 2. The Board and its agents, and the commissioners of revenue and public safety and their agents are authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. 3. 1 have read this application and all information submitted to the Board is true, accurate, and complete. 4. All required information has been fully disclosed. 5. 1 am the chief executive officer of the organization. . 6. 1 assume full responsibility for the fair and lawful operation of all activities to be conducted. 7. 1 will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. 8. Any changes in application information will be submitted to the Board no later than 10 days after the change has taken effect. 9. 1 understand that failure to provide required information or providing false or misleading information may result in the denial or-revocation of the licepseh~~~ Signature of Chief Executive Officer (designee may not sign) Date Print name Y-n Y+-C Application and Required Attachments Monthly Regulatory Fee LG214 Premises Permit Application If you receive a premises permit for this site, 1 there is a monthly regulatory fee of 0.1% (.001) 2. If the premises is leased, attach a copy of your lease. of gross receipts from lawful gambling conducted Use LG215 Lease for Lawful Gambling Activity. at the site. The fee is reported on the 3. Attach a resolution from the local unit of govemment that G1 Lawful Gambling Monthly Summary and Tax shows approval of your application: Return and paid with the monthly tax report. if the premises is within a city, attach city approval, or if the premises is within a township, attach county Questions? approval. Call the Licensing Section of the Gambling Control Board at 651-639-4000. 4. $150 annual premises permit fee, for each permit. Make check payable to "State of Minnesota." This form will be made available in alternative format (i.e. large print, Braille) upon request. Mail to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Reset Form I Print Form Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity 5/08 Page 1 oft C ck applicable item: 1. Lease for new application. Submit with new premises permit application. 2. Renewed lease. Submit with premises permit renewal. 3. New owner. Effective date Submit new or amended lease within 10 days after new lessor assumes ownership Q4. Amended lease - Check the change(s) in the lease: Rent Premises name Booth/bar Activity change Other - Date that changes will be effective - Both parties must initial and date all changes. - Submit changes at least 10 days before the effective date of the change. Organization name License number Daytime phone ~ n H A U ()1&yt Ld a -1 09 'Ili Name of leased premises Street address city State Zip Daytime phone SVTO t N t4 "le, b.A %1 r Ltd As*,e tYae~a , rwv Cc-~., jr B1 tN~~h~ ~ Y MN SS`(3~ So3- 35(n ~ Name of legal owner of promises Business/street address city State Zip Daytime phone k 3µ4"'V1 I L .C t ` ka _ Name of lessor (if same as legal Business/street address city State Zip Daytime phone M owner, write in "SAME") ASF10 FrctW VA4, ~ c+ti,- -t63-54 3-35t,/ Check all activities that will be conducted Pull-tabs aPull-tabs with dispensing device C TiipboardsaPaddiewheel [LPaddlewheel with table [LRingo 2] Bar bingo x Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold, food and beverages are also sold. r Does your oroanization OR am oti~er n' Lion cond gambling , _ • t_ from a booth operation at this location? _ Yes No _ _ .J If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: - Booth operation and pull-tab dispensing device - Bar operation - Booth operation and bar operation - Bar operation with pull-tab dispensing device - Booth operation, bar operation, and pull-tab dispensing device - Pull-tab dispensing device only - Booth operation The maximum rent allowed may not exceed $1,750 in The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises. total per month for all organizations at this premises. COMPLETE ONE OPTION: COMPLETE ONE OPTION: Option A: 0 to 10% of the gross profits per month. Percentage to be paid % Option A: 0 to 20% of the gross profits per month. Percentage to be paid In % Option B: When gross profits are $4,000 or less per month, $0 to $400 per month may be paid. Amount to be paid $ Option B: When gross profits are $1,000 or less per month, $0 to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month on the first $4,000 of gross pro Option C: $0 to $200 per month on the first $1,000 of gross fit. Amount to be paid $ Plus, 0% to 10% of the gross profits may be paid per month on profits. Amount to be paid $ . Plus, 0% to 20% of gross profits over $4,000. Percentage to be paid oho the gross profits may be paid per month on gross profits over $1,000. Percentage to be paid % Bingo Rent Option D: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, excluding bar bingo. Percentage to be paid % Option E: A rate based on a cost per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as . approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate to be paid $ per square foot. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the lessor. Bar Bingo Rent Option F: No rent may be paid for bingo conducted in a bar. New Bingo Activity For any new bingo activity not previously included in a Premises Permit Application, attach a separate sheet of paper listing the days and hours that bingo will be conducted. Print Form ' 0 • LG215 Lease for Lawful Gambling Activity Lease Term The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. 5/08 Page 2 of 2 Other Prohibitions • The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. • The lessor, any person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether -a violation occurred; '61e lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. o r Ingo. involved in the sae or opera Access to permitted premises Illegal Gambling The Board and its agents, the commissioners of revenue and public • The lessor is aware of the prohibition against illegal gambling safety and their agents, and law enforcement personnel have access to in Minnesota Statutes 609.75, and the penalties for illegal the permitted premises at any reasonable time during the business gambling violations in Minnesota Rules 7865.0220, Subpart 3. hours of the lessor. The organization has access to the permitted In addition, the Board may authorize the organization to premises during any time reasonable and when necessary for the withhold rent for a period of up to 90 days if the. Board conduct of lawful gambling on the premises. determines that illegal gambling occurred on the premises and that the lessor or its employees participated in the illegal Lessor records gambling or knew of the gambling and did not take prompt The lessor must maintain a record of all money received from the action to stop the gambling. Continued tenancy of the V. organization, and make the record available to the Board and its Participation as-Players Prohibited The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. EXCEPTION: The lessor's immediate family and lessor's employees may participate in bar bingo if they are not ' I t. f ba b' organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a). • To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. • Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. • The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or loca law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3-1/2 years. Rent all-inclusive Amounts paid as rent by the organization to the lessor are all-inclusive. No other services or expenses provided or contracted by the lessor mad be paid by the organization, including but not limited to trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Changes in lease If the lease is amended with no change in ownership, the organization will submit the amended lease to the Board at least 10 days before the effective date of the change. If a change in ownership occurs, the organization will submit an amended lease to the Board within 10 days after the new lessor has assumed ownership. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. Other terms Si t eVf lessor Date g ture of ~Pfficiall ssee) Date c~ Pri it name and title of lessor Print na d title of lessee Lessee's business address p. b.c,;R 1-~ Questions? Contact the Licensing Section, Gambling Control Board, at 651-639-4000. This publicatA will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Reset Form Print Form NO. 12L city une-A A`genda Item • 0 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 20, 2009 SUBJECT: Resolution Expressing Recognition and Appreciation of Tim Roche for His Dedicated Public Service on the Planning Commission Recommendation: It is recommended that the City Council consider adoption of Resolution Expressing Recognition and Appreciation of Tim Roche for His Dedicated Public Service on the Planning Commission. Background: Tim Roche served on the Planning Commission from January 26, 2004, through December 31, 2008. Mayor Willson has requested that residents be recognized for their service on commissions by Council Resolution. 0 Budget Issues: There are no budget issues to consider. 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TIM ROCHE FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION WHEREAS, Tim Roche served on the Brooklyn Center Planning Commission from January 26, 2004, through December 31, 2008; and WHEREAS, Tim Roche has made significant contributions as a member of the Planning Commission, including review of land use, redevelopment, platting, rezoning and special use applications, plan approval, variances, and review of the Comprehensive Plan; and WHEREAS, his leadership and expertise have been greatly appreciated by the Planning 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 Tim Roche is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. Januarv 26. 2009 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. 0 Council Agenda item No,, 93 City • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager ; FROM: Ronald A. Warren, Planning and Zoning Specialist • J DATE: January 20, 2009 SUBJECT: Planning Commission Application No. 2009-001 Recommendation: It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Background: On the January 26, 2009 City Council Agenda is Planning Commission Application No. 2009- 001 submitted by City of Brooklyn Center (EDA) requesting Preliminary Plat approval to combine and divide three lots located at the southwest quadrant of Freeway Boulevard and humboldt Avenue North to create two new lots of 8.25 and 5.23 acres in area. This matter was considered by the Planning Commission at their January 15, 2009 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2009-001 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. Budget Issues: There are no budget issues. 0 Application Filed on 12-23-08 City Council Action Should Be Taken By 2-21-09 (60 Days) Planning Commission Information Sheet Application No. 2009-001 Applicant: City of Brooklyn Center (EDA) Location: Southwest Quadrant of Freeway Boulevard'and Humboldt Avenue North Request: Preliminary Plat The City of Brooklyn Center Economic Development Authority (EDA) is seeking Preliminary Plat approval to combine and divide three lots located at the southwest quadrant of Freeway Boulevard and Humboldt Avenue North to create two new lots, one 8.25 acres in area and the other 5.23 acres in area. The larger lot is for the proposed FBI field office while the other lot will be marketed by the EDA for future development, hopefully as a corporate office site. The property in question is zoned C-2 (Commerce) and is made up of three current lots that had contained the Days Inn Motel, the Cracker Barrel Restaurant and the Olive Garden Restaurant. These lots are located to the west of the Humboldt Avenue/I-94 overpass to TH 100; south of Freeway Boulevard; east and south of James Circle North; and north of I-94. The City of Brooklyn Center Economic Development Authority (EDA) acquired these three parcels and cleared the land of their structures in 2007 and 2008 to pursue redevelopment of the area for a corporate office or offices. In December of 2007, an agreement was reached between the City and the General Services Administration (GSA), which is the real estate and procurement arm of the Federal Government for the development of an FBI field office and annex building on a portion of the property. This agreement was formally announced in January 2008. The general plans include a 140,000 sq. ft. office building and a 30,000 sq. ft. annex building with structured parking which will be developed over all of the old Days Inn property and a portion of the old Cracker Barrel site. It is the City's responsibility to create an appropriate site of an agreed to 8.25 acres and that is the primary purpose of this application. The total area of the property under consideration in this proposed plat is 587,824 sq. ft. or 13.49 acres. It is proposed to be divided into Lot 1 and Lot 2, Block 1, Richardson Industrial Park Third Addition. The proposed Lot 1, which is to be the site of the FBI facility,*will be 359,654 sq. ft. or 8.25 acres in area. The proposed Lot 2 will be 228,169 sq. ft. or 5.23 acres and will be marketed for future development. The Director of Public Works/City Engineer is reviewing the proposed plat and his written comments are attached for the Commission's review. Some existing drainage and utility easements will need to be vacated and new easements reflecting relocated utilities and other matters will need to be provided. An existing water main that ran through the old Olive Garden site and along the boundary separating the old Days Inn and Cracker Barrel site which was protected by a corresponding easement, will need to be relocated so that it does not cross the proposed FBI site. Various locations for the relocated utilities are being considered and will 1-15-09 Page 1 • need to be reflected on the final plat for this application. The City Engineer is evaluating the location of the replacement water line and a new easement will need to be provided for the location of that new utility. New drainage and utility easements as approved by the City Engineer will be required along the'boundaries of the newly created lots as well. The agreement between the City and GSA will be assigned to the developer of the project which is yet to be chosen by GSA. A site and building plan application for the development of this project will need to be submitted and reviewed and approved by the Planning Commission and City Council. No date has yet been established for this application, however, the plan is for construction to begin this Spring and the replat will need to be accomplished for building permits to be issued. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration of this matter as been published in the Brooklyn Center Sun/Post.. RECOMMENDATION The proposed Preliminary Plat appears to be in order and approval of this application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. • 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. All drainage and utility easements required to be vacated shall be vacated by ordinance amendment prior to final plat approval. 4. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 5. The relocation of the existing water main shall be approved by the City Engineer and an appropriate easement shall be developed and filed with the final plat. • Page 2 YS _ { 401 04 1l tt . ~ 1 ~J r 2 O O ~ •p "~Ad S31NdP (Al O ~ rn V O bA a N 'aid U • A ~ 1 Q a ~i. d ii LOGISMap Output Page Page 1 of 1 AS $ tt ~ _ -~~~,r r- '=i j ~F~+,~ a` `~,~='y~,{~~ r fR e~-r~~a~~:l ti~~~~, tt~-. i • 4~s~¢vtexf ~7A IUS. 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C ►NDUSTRID ON AD 90 , B~Y"~01, Mlnnzsf~ta ` , a -d~ `P r ~Y 9iod10e+e1+~°Cynler y 1 kl ' ~t s 1 1 s T ~ 2 IA'(ES, ARM& . aE tS ' ~ .~.r~.r• 1 O~ E 1 ~w W 1 • ' _ T ` 1 S f f I too LE T . wAiS M F ,x,eq ~ . V x n p~w,pWMfBt1K fxuW F:w.- 1 q ~ W T , `1 " aMq° x. 1 E _ 'Pa' PW .GM Iq'SO~~ IV. r Jar". e1 v PY W NMnV°aM •aryq M.,e,,,,yP.n MgIgTW' K ION INDU K3VLDADDiT01'1 ~RiCHA . 11dq EAU .pafs~q ga~MtltlPW P Hq nu.s et 1 E She Y ,o w~• a,, 'n 4 J t` eM• y 1 r ~ x ~ OR3B \ ppg.~SH tfYOF drMXef i ' Mtersfeta *HfgllwaY Na ~ 94 $ t s' V t • :f • i MEMORANDUM DATE: January 12, 2009 TO: Ron Warren, Planning and Zoning Specialist s FROM: Steve Lillehaug, .IJirectm®£.Public Works.. SUBJECT: Preliminary Plat Plan Review - Richardson Industrial Site 3rd Addition Public Works Department staff reviewed the following preliminary documents submitted for review for the proposed Richardson Industrial Park 3rd Addition plat: ■ Preliminary Plat dated December 15, 2008 (revised January 2, 2009) Boundary and Topographic Survey dated January 2, 2009 Subject to staff approval, the preliminary plat must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions below: 1. The final plat must include dedicated public drainage and utility easements over the following locations and existing or proposed public utilities, as determined by the City Engineer: A. A 20-ft wide drainage and utility easement extending over the proposed watermain location from the southeast comer of Lot 1, northeasterly to the existing watermain connection point. B. A 10-ft wide drainage and utility easement along the perimeter boundary of the plat. C. A 20-ft wide drainage and utility easement centered on the common property line between Lots 1 and 2. D. A drainage and utility easement must contain the limits of the existing easement located around the storm water treatment pond. 2. The existing trunk watermain located within the site must be removed and relocated, centered within the proposed 20-ft drainage and utility easement 3. Private site modifications or improvements have not been evaluated as part of the preliminary plat approval process. No physical modifications or improvements pertaining to any feature (either private or public) located within the limits of the subdivision boundary are allowed unless proper approval is obtained by the City. 4.A Traffic Impact study is required in connection with any future redevelopment of this area. Should needed roadway improvements be identified, additional dedication of right- Richardson Industrial Site 3rd Add. Preliminary Plat Memo, January 12, 2009 • Page 2 of 2 of-way may be required. Other impacts to the public roadway system will likewise be evaluated at the time of any future development, included but not limited to regional roadway improvements, access control modification, etc. The existing driveway access point located in the northeast of Lot 1 must be permanently closed under any redevelopmentsg,.. 5. Legal descriptions must be obtained for all existing easements, which must be vacated as part of the subdivision and site re-development process. 6. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 7. The proposed subdivision plat is located adjacent to Minnesota Department of Transportation (Mn/DOT) highway right-of-way. Minnesota Statutes require that the City submit the plat to the Department of Transportation for written comments and recommendations. The plat has been submitted and comments are forthcoming. All Mn/DOT comments will be conditions of approval. 8. The site development plans and utility relocations must be reviewed and coordinated with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies prior to final plat application, vacation of easements and/or approval of any site modifications. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final plat and site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. • GAEngineeringiDevelopment & Planning\ACTIVE Development Projects\GSA FBI Site1090115 Prelim Plat Review Memo.doc • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 15, 2009 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:07 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Michael Parks was absent and excused. Commissioners Rachel Lund was absent and unexcused. APPROVAL OF MINUTES -NOVEMBER 20. There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to approve the minutes of the November 20, 2008 meeting as submitted. The motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to adjourn the 2008 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:08 p.m. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Sean Rahn, Della Young, Stan Leino, and Kara Kuykendall. CALL TO ORDER: 2009 PLANNING COMMISSION The 2009 Planning Commission was called to order by Acting Chair Rahn at 7:11 p.m. ROLL CALL 2009 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, and Della Young were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Michael Parks was absent and excused. Commissioner Rachel Lund was absent and unexcused. ELECTION OF 2009 CHAIR AND CHAIR PRO TEM Acting Chair Rahn opened the floor for nominations for Chair of the 2009 Planning Commission. Commissioner Kuykendall made a motion to nominate Commissioner Rahn as Chair of the 2009 Planning Commission, seconded by Commissioner Young. Acting Chair Rahn called for further nominations three times. There being none, there was a motion by Page 1 1-15-09 • Commissioner Kuykendall, seconded by Commissioner Leino, to close nominations and elect Commissioner Rahn Chair of the 2009 Planning Commission. The motion passed unanimously. There was discussion by the Commission regarding nominations for Chair Pro Tem. It was the consensus of the Commission to defer the selection of the Chair Pro Tem until the next meeting until a full Commission is in attendance. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2009-001 CITY OF BROOKLYN CENTER (EDA), Chair Rahn introduced Application No. 2009-001, a request for Preliminary Plat approval to combine and divide three lots located at the southwest quadrant of Freeway Boulevard and Humboldt Avenue North to create two new lots of 8.25 and 5.23 acres in area. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 1-15-09 for Application No. 2009-001 and Director of Public Work's memo dated 1-12-09, attached.) Commissioner Leino asked what the estimated number of people potentially using the site if the FBI field office is located on the site. Mr. Warren responded that he wasn't certain how many people would be working at the site and added that the site would have extensive security and provide several services to the FBI. PUBLIC HEARING - APPLICATION NO. 2009-001 There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2009-001, at 7:41 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. No persons from the public appeared before the Commission during the public hearing on Application No. 2009-001. CLOSE PUBLIC HEARING There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to close the public hearing on Application No. 2009-001, at 7:41 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2009-001 CITY OF • BROOKLYN CENTER (EDA) Page 2 1-15-09 • There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to recommend to the City Council that it approve Application No. 2009-001, submitted by the City of Brooklyn Center (EDA) subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. Thefinal plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. All drainage and utility easements required to be vacated shall be vacated by ordinance amendment prior to final plat approval. 4. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 5. The relocation of the existing water main shall be approved by the City Engineer and an appropriate easement shall be developed and filed with the final plat. Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Young. The motion passed unanimously. The Council will consider the application at its January 26, 2009 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require • that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren reminded the Commission about the joint meeting with the Housing Commission scheduled for January 29, 2009 to discuss the Comprehensive Plan. He added that the Planning Commission will hold a public hearing on the proposed Comprehensive Plan update at the February Study Session meeting and Commission members should review the plan provided to them prior to the meeting discussion. DISCUSSION ITEM There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Young, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:00 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 3 1-15-09 City Council Agenda Item No. 10a • 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works Sf - DATE: January 20, 2009 SUBJECT: Resolution Accepting a Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2009-01, 02, 03, and 04, Aldrich Area Neighborhood Street, Storm Drainage and Utility Improvements Recommendation: Staff recommends. that the City Council approve the attached resolution accepting the project feasibility report, and calling for a public hearing on February 23, 2009 to consider approval of the Aldrich Area Neighborhood Street, Storm Drainage and Utility Improvement project. If approved by the City Council, legal notice would be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via certified mail. • Background: On June 9, 2008 the City Council established the Aldrich Area Neighborhood Street, Storm Drainage and Utility Improvements project by Resolution 2008-71. This action was taken in accordance with the Capital Improvement Program, which identifies the Aldrich residential area for street and utility reconstruction during the 2009 construction season. The attached feasibility report provides a summary of the project evaluation process and preliminary layout of street and utility improvements. The report also includes the results of a resident questionnaire that was mailed to all property owners within the project area. A public information meeting was conducted on January 7, 2009 to provide project information to residents within the project area and gain additional input from the public. The informational meeting was generally positive in nature with the majority of questions and concerns relating to design details, special assessments and project schedule. Budget Issues: The project cost is estimated to be $3,261,000. Funding sources for the project are proposed from a variety of sources as described in the feasibility report. Feasibility Report 2009 Aldrich Area Improvements Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2009-01, 02, 03 AND 04, ALDRICH AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2008-71 directed the preparation of a feasibility report regarding proposed improvements to the streets, storm drainage system and public utilities in the Aldrich area neighborhood; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the project cost is estimated to be $3,261,000 and the project funding sources are currently estimated to be: • Special Assessments $ 500,192 Sanitary Sewer Utility $ 331,000 Water Utility $ 338,000 Storm Drainage Utility $1,446,528 Street Light Utility 12,000 Street Construction Fund $ 633,280 Total $3,261,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer's Feasibility Report for the Aldrich Area Neighborhood Street, Storm Drainage and Utility Improvements is received and accepted. 2. A hearing shall be held on the 23rd day of February, 2009, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement project and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. • RESOLUTION NO. 3. The City Clerk is directed to cause.a notice of the hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. January 26. 2009 Date ATTEST: Mayor 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. • X ty of KLYN TER FEASIBILITY REPORT FOR Public Works Dept Engineering Division Phone: 763-569-3340 FAX: 763-561-0955 ALDRICHAREA NEIGHBORHOOD STREET AND UTILITYIMPROVEMENTS IMPROVEMENT PROJECT NOS. 2009-01, 02, 03 and 04 CITY OF BROOKLYN CENTER, MINNESOTA January 20, 2009 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 - City Hall & 7DD Number (763) 569-3300 Feasibility Report ALDRICH NEIGHBORHOOD STREET & UTILITY IMPROVEMENTS Improvement Project Nos. 2009-01, 02, 03 & 04 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota Steven L. Lillehaug, P.E. / Reg. No. 41866 January 20, 2009 Feasibility Report 2009 Residential Neighborhood Improvements Page 1 I. BACKGROUND In 2009, the City of Brooklyn Center will be entering the 16th year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. This program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewer, storm sewers, sidewalks and street lights. The City's Capital Improvement Program identifies a portion of the residential neighborhood area located north of 57th Avenue and west of I-94 for reconstruction in 2009. The proposed project includes roadway and utility improvements within the project limits shown on Figure 1. The improvement area consists of the following streets: • Aldrich Avenue North - south of 59th Avenue North • Bryant Avenue North - 57th Avenue North to 59th Avenue North • Camden Avenue North - 57th Avenue North to 59th Avenue North • Colfax Avenue North - north of 57th Avenue North • Colfax Avenue North - 58th Avenue North to 59th Avenue North • 58th Avenue North - Dupont Avenue North to Lyndale Avenue North • 59th Avenue North - Dupont Avenue North to Lyndale Avenue North This report was prepared in response to City Council Resolution No. 2008-71 dated June 9, 2008 directing staff to prepare a feasibility report and collect public input for the proposed project. Staff conducted a public informational meeting with residents and property owners located within the project area on January 7, 2009. A resident questionnaire was also distributed as part of the project evaluation process. A summary of resident comments is provided in Appendix A. The 2009 residential neighborhood project area consists of approximately 1.5 miles of streets and utilities. The neighborhood consists of approximately 105 single family residential properties. Xcel Energy also owns property within the neighborhood that accommodates their overhead transmission line. II. STREET IMPROVEMENTS A. EXISTING CONDITIONS A majority of the local streets within the proposed project area were constructed between 1956 and 1969. The existing street pavement has been in service for more than 39 years. The normal service life for bituminous pavement is approximately 30 years. The existing streets are generally 30 feet wide, which is typical for most low volume residential streets in Brooklyn Center. Street segments within the project area are very flat and do not have curb and gutter. Sidewalks exist along 59th Avenue and are in generally good condition. Feasibility Report 2009 Residential Neighborhood Improvements Page 2 Feasibility Report 2009 Residential Neighborhood Improvements Page 3 Streets within the neighborhood are aging and showing fatigue and distress, particularly along the unprotected edges. Routine street maintenance (i.e., patch and sealcoat) is no longer cost-effective for these streets based on the extent of pavement deterioration and the existing drainage system. Simply performing overlay paving on the existing streets would not solve the current drainage problems within the project area. Complete reconstruction of the streets is warranted based on the age and condition of the existing pavement. Replacement is further warranted due to the recommended replacement of the underlying sanitary system. A geotechnical investigation was performed within the project area to obtain and analyze soil samples below the street pavement. Soil borings encountered primarily sand and gravel soils to depths of 14 feet or more below the pavement surface. Groundwater was noted at depths of 6 to 10 feet below the pavement surface in several areas. Traffic within the project area is generally limited to local traffic access to the residential properties within the neighborhood. The internal roadways generally do not provide connection to other neighborhoods or commercial areas and, therefore, do not experience high volumes of cut-through or collector-type traffic. Traffic volumes on streets within the project area are not anticipated to significantly increase in the future. B. PROPOSED STREET IMPROVEMENTS Proposed street improvements include full depth reconstruction for the existing neighborhood streets to a width of 30 feet for all streets within the project area. The existing soil material will provide a stable foundation to support the proposed street and utility improvements. The installation of concrete curb & gutter and concrete driveway aprons is recommended as part of the proposed reconstruction of the streets within the project area. Concrete curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The improved drainage benefits derived from the installation of curb and gutter will significantly extend the service life of the new pavement. The existing street grades will also be designed to provide improved drainage to the storm sewer system. Additionally, deficient segments of sidewalk along 59th Avenue are proposed to be repaired as needed. III. STREET LIGHTING SYSTEM A. EXISTING CONDITIONS The neighborhood improvement program has historically included the replacement of free standing street lights located within the neighborhood. "Free standing" street lights are defined as lights mounted on poles, which do not contain any other overhead utilities attached to them. There are currently three free standing street lights within the project area. These lights consist of older style wood utility poles that have been in service for many years. The existing free standing street lights have overhead power services with cobra- head type light fixtures. The City's Street Light Policy states that street lights will be provided at street intersections and at mid-block locations where the distance between intersections exceeds 700 feet. Street lights are currently located at all intersections. The distance between street intersections within the project area does not exceed 700 feet. Staff has not received specific requests for additional street lights during the public informational meetings. B. PROPOSED STREET LIGHTING IMPROVEMENTS The recommended scope of the project includes replacement of the three existing free standing street lights Feasibility Report 2009 Residential Neighborhood Improvements Page 4 with fiberglass poles, cut-off type light fixtures and underground power services. Other street lights that are mounted on transmission poles within the neighborhood are not proposed to be modified. IV. STORM DRAINAGE AND TREATMENT SYSTEM A. EXISTING CONDITIONS The project area is located within the direct watershed tributary to the Mississippi River. The existing storm drainage system in the project area consists of a system of storm sewer pipes installed during the earlyl 950s. This system of lateral storm sewer piping is generally well developed within the project area but flows and discharges directly to the Mississippi River untreated. In several locations there are insufficient numbers of catch basin inlet structures to adequately collect and convey runoff from local streets. An undersized 36-inch diameter trunk storm sewer main exists under I-94 that conveys regional drainage to the Mississippi River from a 290 acre tributary area located to the west of interstate 94 including this entire neighborhood. As a result of this constriction and lack of pipe capacity, isolated street and nuisance property flooding is experienced, most notably at the intersection of 57 h Avenue with Camden Avenue. Although this flooding has not resulted in any structure flooding that staff is aware of, the street flooding causes a safety issue to the traveling public that is recommended to be mitigated. It should be noted that a televised inspection was performed on the 36-inch diameter storm sewer that shows this section of piping is in fair to good condition. City staff also received several comments from area residents related to the lack of adequate drainage facilities within the neighborhood. A majority of the concerns were related to standing water along the edge of the street and at driveways. B. PROPOSED DRAINAGE IMPROVEMENTS A new section of 48 inch storm sewer at 59 h Avenue is proposed to be installed under I-94 to provide the additional storm sewer capacity needed to help minimize any localized flooding experienced during larger rain events. Due to the sensitivity and importance of maintaining traffic on I-94, the new pipe is proposed to be installed using a trenchless method (directional drilling) to minimize any impacts. Additionally, a new storm sewer pipe will be installed from the intersection of 57`h Avenue with Camden Avenue that will connect to a storm sewer pipe that was installed under a previous project in anticipation of completing the system with this project to outlet through this new line under I-94. Proposed water quality improvements include installing an underground water treatment structure (grit chamber) that will remove sediment, litter and other suspended contaminants prior to discharging directly into the Mississippi River. This structure is proposed to be located within city right-of-way in the southwest quadrant of 59t` Avenue and Lyndale Avenue. Additionally, infiltration basins (rain gardens) will be incorporated throughout the project area within the boulevard areas where adjacent property owners volunteer and agree to these gardens. An infiltration basin consists of a relatively small area of plantings within a constructed depression located behind the street curb. Rainwater is routed to the areas from the street gutter and infiltrates naturally by plants and soils in the garden. This infiltration process removes nutrients and pollutants. By acting as a small detention pond, the rain garden plants. and soils also provide a natural way of reducing the amount of runoff water that flows from rooftops, lawns, driveways and streets directly into the storm sewer system. The underground treatment chambers and rain gardens are recommended for this project due to the lack of a practical location for construction of a storm water treatment pond within the project area. Feasibility Report 2009 Residential Neighborhood Improvements Page 5 V. SANITARY SEWER SYSTEM A. EXISTING CONDITIONS The existing sanitary sewer collection system within the project area consists of 8-inch diameter vitrified clay pipe sewer mains. A majority of the sanitary sewer system was installed between 1956 and 1964. Sanitary sewer from the project area is conveyed easterly through a 12-inch diameter trunk sanitary sewer between 57th and 58th Avenues along the Xcel Energy property that eventually discharges to a City owned sanitary sewer lift station (Lift Station No. 2). A majority of the sanitary sewer mains within the project area are subjected to frequent problems with root intrusion. Public Works crews must perform root sawing on an annual basis to maintain the system conveyance capacity and avoid sewer back-ups within the neighborhood (see Figure 3). During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. These inspections confirmed that a substantial portion of the sanitary sewer has moderate to severe problems with root intrusion along pipe joints and at many services. Surveys received from residents also indicate some occurrences of sewer service line blockage that are often attributed to root penetration of the service pipe joints and connection points. Figure 2 illustrates a typical section of sewer pipe with moderate root intrusion problems. The project contains isolated segments of sanitary sewer that are in likewise or worse condition. B. SANITARY SEWER IMPROVEMENTS Complete replacement of the sanitary sewer lateral lines within the project area is recommended due to the extent of root intrusion within the collection system. Isolated replacement of the problem areas is not cost effective. In accordance with past City construction practice, individual service lines between the sewer main and the property line would also be replaced. Feasibility Report 2009 Residential Neighborhood Improvements Page 6 P631d1S~131N/ - 6631 b1S&31N1 - V 3,1 K M a d L - ' N 12 1 Z 'I ~ Z m a m 0 pf LL m ~ °o 0 0 a 2 m z w N e6 a C~ CO O c 0 O i ~ O t C W 1Q N xz `n CU t L C~ - , M W ~ Q ff~♦ i m J ~a NEo N3ny1Nodno ~QYQ u O1 ~ I ~ me 69 Feasibility Report 2009 Residential Neighborhood Improvements Page 7 VI. WATER SYSTEM A. EXISTING CONDITIONS A majority of the water main within the project area consists of 6-inch and 8-inch diameter cast iron pipe installed between 1968 and 1972. Water records indicate that one main break has occurred within the project area (see Figure 3). Minor water quality problems have been reported by residents that are typically mitigated by the periodic flushing of hydrants. Generally, the cast iron water main is considered to be in good condition with an estimated 30 to 40 years of remaining service life. B. PROPOSED WATER MAIN IMPROVEMENTS Recommended water main improvements include replacement of the existing cast iron water main with new ductile iron water main in areas where the replacement of the adjacent sanitary sewer is deeper than 12 feet, which would undercut and impact the adjacent water main. Generally, water main is subject to higher rates of failure when undermined during construction, which would lead to a shorter service life. Due to the service life of the water main not yet being reached and the minimal amount of water main issues in the area, only these certain sections of water main are proposed to be replaced. The proposed improvements also include the replacement of water services extending from the water main in the street to the water curb stop located at the front property line. VII. RIGHT-OF-WAY AND EASEMENTS Generally, all public infrastructure-owned, maintained and operated by the City throughout the project area is located within City easements and/or right-of-way. However, there is a portion along Camden Avenue south of 58th Avenue where the appropriate easements do not exist. In accordance with state statute, the City may obtain a prescriptive easement for this area by City resolution due to its continual use of the area for more than 6-years. Staff recommends authorizing acquisition of the necessary easements along Camden Avenue from the following properties: 631 58th Avenue, 5726 Camden Avenue and 5730 Camden Avenue. VIII. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $3,261,000. Table 1 provides a summary of the estimated project costs and recommended funding amounts from the various sources as indicated. Funding for the project is further described below. A. FUNDING FOR STREET IMPROVEMENTS The estimated project cost of roadway improvements for all streets in this project area is $1,018,000. This preliminary estimate includes the cost for project administration, legal, engineering, construction contingency, and reforestation. Special assessments for street improvements are proposed in accordance with the 2009 rates adopted by the City Council. The standard 2009 residential street assessment rate is $3,435 per R1 zoned residential property. This rate would be assessed to all benefitting single family residential properties within the project area and to the properties owned by Xcel Energy within the project area (see Figure 4). On this basis, a total estimated special assessments amount of $384,720 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund. Funding for these drainage improvements within the project area is proposed to be funded by the Storm Drainage Utility. Feasibility Report 2009 Residential Neighborhood Improvements Page 8 IT, M Table 1. Cost and Funding improvement Project Nos. 2008-09, 02, 03, 04 2009 Residential Neighborhood Improvements Aldrich Area Revised January 19, 2009 Sanitary Water Storm Street Estimated Sheets sewer main Drainage Lights Total Wins Expenditures Estimated Construction Cast Street & Utility ! $868,0001 $286,0001 $293,0001 0001 $1,306,0001 0001 $131 $10,01101 . 0001 $1 $2,763,000 $277,000 a Q Contingencies ! l $67,0001 0001 $48 $29,0001 $16,0001 $23; $16,0001 , $125,0001 , $1,0001 $206,000 ~o Administration, Engineering, Legal ! , 0001 $15 I I 1 1 $15,000 PO Relbrestation , I ► ~ y i ~ 1 sa;, EslimetedPrcjeatCosts (FeasibiW $1,016,000 $331,000 $338,000 $1,562,000 $12,000 $3,261,000 A ` °q rftatedvegtre nts s s l A $384,72.0 ! 1 1 $384,720 ar - me s es Street Specia ' ~ I 472{ $115 I $115,472 a o Storm Drainage Special Assessments i , 1 1 000 $331 S Sanitary Sever Utility Furid ! 1 I $331,0001 1 I $338,0001 1 1 , $338,000 O V~tater Utility Fund 1 1 $1,446,5281 1 $1,446,628 Storm Drainage Utility Fund (Note 1) ! 1 I 1 1 $12,0001 $12,000 Street Light Utility Fund ! I I $633,280 o -Street Construction Furth I $633,2801 1 1 $C1 ° Capital Improvements Fund 1 I . ilk Total Mt>E>etad CZevenue {tesibilityi. $1;018;000 $331,000 $338,000 $1,562,000 $12,000 $3,261,000 1.1 cost of curb & Sutter allocated to storm drainage Willy 24 40009 aceurood ln4allo y inuoade of approximatoly 3.0 percent over 2008 unit prices 'Z7 dQ co b 'Rt at LL ~a,lr h6 31V1S~31NI \llllloC N 3AV 3IVONA ~ 31V1Sa31Nl a ■ ■ o 7. M 1~ ■ l~l\fl\~I * N ~ p ■ i W . °v4 / ~O _ loll" ■ F fll\ll $1141164911" h N ■ ~ N N pMppp ~~pp N ~ m i ~ YY YY N . . ■ N 3AV N3OWVO . ~ OI N A Y N ° h H ■ N / ■ ogo ~ m 0 o p p-111102: u v~ ^ Z rn / 0069 W ,"snoop / N 3" HOINOIV Q F~ ~ O ~ O A pMppp pNppp M~pp ~O~pp OQ N N ~ N ~ YS N YY YS . O O / O co cco cpMp N pOp N ~ ~ h Y'f If! N YOf Yf . / . / . N ■ N r O H O O O O 00 ~i vOi h 0589 OOSS . i N 3AV XVA103 r Tili h N YS i Mi Yf Y'~ Yf N N C SO 01221 19111 ; llq \H1 lllo 16216 ~pOp / CO u7 ~ ~ r O ~ Npp Y'! ~~pp 49 ~ppOp Yf 00 ~ pOpp Yf : uS i O O pMp pMp pNp pp Mmp O h h Yf N N YS 11'! e, (n pMm~ pMp ~mm B L 89 ° N IA N N N m 1 1~fl ~ If Infl N + N Y\lll\rlM~-- ~ : sts ~l■\1\10166•$' N O O N h h N 3" XV4103 ~ O M A O O O N 1^ r O N j\lfs0 111\\1 loll 11114\\e / a o / N ■ i t~ n N OVLS = h off N 3AV 1NOdna M n N N A ~ ' N h N UY h N N t0 O M V N N tp O < 4 N N h h ~ ' Z W Q h H 1w_ i V C. O C L G 0 M N wN Z W N Q L 4 C 0 u y N ~ O S Y aN r> 0 uY y ~ T /f 1A' S C &X~ .r ? CC W W Feasibility Report 2009 Residential Neighborhood Improvements Page 10 b^!t/ rdVisspsi{y d N I N 3AV LNVANS B. FUNDING FOR STORM DRAINAGE IMPROVEMENTS The total estimated cost for storm drainage improvements within the project area is $1,562,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the 2009 rates adopted by the City Council. The standard 2009 storm drainage special assessment rate is $1,031 per RI zoned single family residential property within the project area and to the properties owned by Xcel Energy within the project area (see Figure 4). On this basis, a total estimated special assessments amount of $115,472 would be levied for storm sewer improvements. A summary of the proposed special assessments for storm drainage improvements is provided in Appendix C. C. FUNDING FOR UTILITY IMPROVEMENTS The estimated cost of sanitary sewer improvements is $331,000; the estimated costs for water main improvements is $338,000; and the estimated cost for street light replacement is $12,000. As previously noted, these total cost estimates include the cost for project administration, engineering and construction contingency. All costs for water, sanitary sewer and street light improvements would be funded by their respective utility funds, in accordance with established policy for such improvements. IX. RECOMMENDED PROJECT SCHEDULE Table 2 is the preliminary schedule for the project. Table 2. Aldrich Neighborhood Project - Schedule Action Target Date City Council Receives Feasibility Report January 26, 2009 Declares Cost to be Assessed and Calls for Public Hearings Council Holds Public Hearing, Authorizes the Project and Orders Preparation of Plans February 23, 2009 and Specifications City Council Approves Plans and Specs March 9, 2009 Authorizes Advertisement for Bids City Receives and Opens Project Bids April 2, 2009 City Council Considers Award of Contract April 13, 2009 Start Project Construction May 2009 Construction Substantially Complete October 2009 I - - Feasibility Report 2009 Residential Neighborhood Improvements Page 11 X. CONCLUSIONS AND RECOMMENDATIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare, and economic health of the entire community. As a result of the infrastructure needs described, and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective, and feasible. Feasibility Report 2009 Residential Neighborhood Improvements Page 12 Appendix A Resident Comments Feasibility Report 2009 Residential Neighborhood Improvements QUESTIONNAIRE This questionnaire will help the City of Brooklyn Center engineering staff to better understand the infrastructure needs and issues in your neighborhood. Please return this survey by January 7, 2009. You may also contact us at 763-569-3340 to discuss these issues. Thank you for your cooperation. Our televised sewer inspections typically identify sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as the line plugging or having the service cleaned out to the street? How often? 2. Typically, improvements to the storm drainage system are needed. Do you have a problem with drainage or flooding in the street, your yard, your basement? 3. Do you experience problems relating to the water distribution system such as water pressure, taste, odor, or color? (OVER) 4. Do you have a lawn irrigation (or sprinkler) system located within your property? Please circle one Yes No 5. Do you have a sump pump in your basement? Please circle one: A. Yes, my sump pump runs frequently (at least once every day) B. Yes, my sump pump runs less frequently C. No, I do not have a sump pump or do not use my sump pump 6. What other concerns do you have? Should you have questions or need more information, please contact the engineering division at 763- 569-3340. Your name: Address: Please return by January 7, 2009 to: Engineering Division City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FAX 763-561-0955 Email: publicworks@ci.brooklyn-center.mn.us Summary of Resident Survey ALDRICH NEIGHBORHOOD Address Sanitary Storm Water Sprinkler Sump Pump Comments/ Concerns I I I System I I I 57th Ave. I I I F I 1 58th Ave. I I I 621 INo INo INo No INo IN/A 700 INo - since all trees removed INo INo INo INo No problems in 57 years 701 Never No No No No The off set from 57th to 58th on Camden street does I I 1 I I not line up on both sides of street. I 59th Avg I I I I I 1 Aldrich Ave. F 5724 INo INo INo INo INo IN/A 5725 Had a problem between house a nd No No No No Concerned about the street and utility project. street 2 years ago. 5737 Cleaned every 2-3 years No Pretty good No No Don't want to lose any of our trees. Paying for improvements, taxes are already too high. Can't assessment be spread out. We live on a corner lot, do we have to oav twice. 5847 Twice in 8 years. N/A Water doesn't taste good No No Street drainage too low - bottom of car drops when gets a scum on it. turning. Retaining wall needs replacing. I want driveway as wide as possible. 5901 Once in 2005 - roots No No No No Make sure information is mailed to 8150 Ranier Ln JBryantAve. I I I I I- I I F I I I 5830 No No No No No Don't have money at this time to pay - 78 yrs. old 5841 INo INo INo INo INo l IN/A Camden Ave. ( I I I I 5711 Never Water on street when storm No No No None drain blocked with leaves, etc. 5726 No No No No No Present street elevation allows practically no I I I I I driveway grade from garage to street. I Colfax Ave. I I I I I I 5706 INo INo INo INo No (None at this time. 5707 IYes, every other year INo (Odor INo No IN/A 5808 INo INo INo 1 INo I INo 1 IN/A Dupont Ave. ) I ( I I I F I I 1 1 NA = No Answer 1 I I 1 1 1/20/2009 1 1 - Appendix B 1 Project Drawings 1 I Feasibility Report 2009 Residential Neighborhood Improvements • • • ALDRICH AREA ROADWAY CONSTRUCTION Tr- rn ids. r r I I 1 J 5901 ! i 5900 5901 I 5900 i i s I ..J. . L.._ _ ,_..LI, ._.._..J L_ 1 I 5858 I I 580 5857 5851 ._1 i ! i I f 6„ ~ i n I ! I: a II fI ib 1 I -12 9 - - I } f - J 5800 ! ' I I • I'I I I I I I ! I I J.._.._.._.._l.r I ~o 0 I ;I n I I ' j I 921 I h n i I ~ ~3 I I I " I ~ I 1 J. ~I dn'~ ~ l I g~ I I n I. I o II f f Index Storm NO. I DAN I BY I REW" I W=r CV"" nMT n6 PL9t SPEmunOµ OR WM INS PREPARED er IE I I I CITY OF OR UtAWt UMYYD nr' or' AMT T I AY 0MY LX06W PROFESSADML I I I BROOKLYN CENTER SIGNATURE: DATE S I I I oR ~09 I I I HENNEPIN COUNTY, MINNESOTA PRINTED NAME: STEVEN L UUEIIAUC, P.E. UC. NO. 41866 ~ww I I I I~ I! i I ; ; I i I +5960 5991 l I $ I 5905 I I -.I f •5901 i i' I I •.i 5900 1..~ ._.I_.. Jr L _ .L.._ J 98TH AVE N - I I ~ I: 1 I ` I s ' Az WWz WW' l I I I Q I n I n I Q -7~ I ~ C S Q _ I" I I i I I I+ ~ N r.._.._ r. G _ 1 I 0 I" I ' U , I11 i "x I H J I k IN I I I I I- S I I ~.0 58TH AVE 1 I ! N 4_:. s. v . r. n I -n{701 f""?Ferry r~ X7- W I_ i I i f k I ! I w~ w~; I I SQ I II L I~ g I I I I f' l l I'L" I g i ~6 r IT 571H AVE N CITY PROJECT 2009-01 KEY PROPOSED CONCRETE CURB AND GUTTER 1 PROPOSED CONCRETE I DRIVEWAY APRON zhs PROPOSED CONCRETE SIDEWALK PROPOSED STREET I I CONSTRUCTION ROADWAY CONSTRUCTION ALDRICH AREA SANITARY SEWER • • I: ; I ! I ! ! I ! ! i i o I 590 59a_~ i I ©i I I ' ~5900 i I1 ii I `-vnt~J ! I b a o! ~'_1 ,q n 114.J i s QI l YU.w uA'•I II J I I Ly-_ ~•e ulSil.v..s• l'7 T.C-+v ' ' wl~1~a~wu. I I A...r~Iw..~+wMT_------- i-- - 1 11- - ~ ` - - , - i ?1Lt" !it fl--- 5556 I I I I I I I C- ; I I ~ I I I I-., I I I J I I I i i 1 I I J ~ ~ I n __°,I L'J °I Lard- I ~ la 1II V I k=== 1 u,i~ , j I I I I I Q„ i r I " I J I f .J I I I II,E r- LEI i i N. II I 'N I I I I. i 31 ~I 19 _ i 1121 I LJl ry ~i n 1009 I I ' i I I 3 i I I is I I I n I zl I I I I I r.._. ' i i L.._.._.._..J.._.._.._..J~ L.._.._..J.._.J__.._ 1 ' • Index 13 I' 707 ! O , t.: IJ I n I -7J L.. JJJJ viz I i ! CI_ fill I GF- Q. II n l I I I I Ti L w._..J I I I I n I k~ Ti ,L " I I I I I ___.~.j I "ElI I I I I III I .---.-..L.._.._.._..1.._.._.J_.._.._..L.._..~.._..,.rV " 57TH AVE N i i i %I I a _ n v f^ L~.J i i$ I KEY PROPOSED SANITARY SEWER MAIN LINE REPLACEMENT (REMOVE EXISTING) • PROPOSED SANITARY SEWER MANHOLE REPLACEMENT (REMOVE EXISTING) EXISTING SANITARY SEWER TO REMAIN IN PLACE 0 SANITARY MANHOLE TO REMAIN IN PLACE NOTE: SEE SANITARY SEWER PLAN SHEETS FOR PIPE SIZE, MATERIAL AND GRADE. ALL SEWER SERVICES ARE TO BE REMOVED AND REPLACED UNDER THIS CONTRACT, SEE PLAN SHEETS. N0. at[ By 9lV6p9 I ImmY cm" nwv na Pwt SPECOrAn K OR nvv ff w v9omam BY fi[ CITY OF OR unm w onm sfMaar an TWT t w A PAY WOM PMXESSION L CITY PROJECT LNMWt Ulm TW LAW OF W SIRE OF ANONES A o~ r, SS/TL 2009-01 SANITARY SEWER ssm BROOKLYN CENTER SIGNATURE: DATE 1/09 CONSTRUCTION HENNEPIN COUNTY, MINNESOTA PRINTED NAME: STEVEN L UU-EHAUG, P.E. UC. ND. 41866 ALDRICH AREA WATERMAIN l I T I i i I i I I I I i ~ I I ~ I 'I I Au a i i I I I I. Ti. i i i i . L" • BY ~ sv army , wTv mm n _S5Q' malt worn p[vElal CITY OF orrax Uww W 14M OF me SGT[ OF wimm nun, w _ No, i DATE I i DATE ME i BROOKLYN CENTER SIGNATURE:, STEVEN L UIIEHAUG, P.E. LAC. NO 47868 HENNEPIN COUNTY, MINNESOTA PRINTED NNIE: . I KEY PROPOSED HYDRANT (REMOVE EXISTING) Z PROPOSED GATE VALVE (REMOVE EXISTING) --W- PROPOSED WATERMAIN REPLACEMENT (REMOVE EXISTING) EXISTING HYDRANT TO REMAIN IN PLACE s~ EXISTING GATE VALVE TO REMAIN IN PLACE EXISTING WATERMAIN TO REMAIN IN PLACE NOTE: SEE WATERMAIN PLAN SHEETS FOR PIPE SIZE, MATERIAL AND GRADE. ALL WATER SERVICES ALONG NEW WATER MAIN ALIGNMENT TO BE REPLACED UNDER THIS CONTRACT. ~N A CITY PROJECT 2009-0' WATERMAIN CONSTRUCTION I i • • ALDRICH AREA STORM SEWER ! ! ~.._.._.._..r.._.._.._..~ I j I I I qo 7 o: I I s,ios ! I I I I I I I I AVEN It y I " F I. s J r .r.._ ._.._7 ! If ! I i n. I r L ,..J L. +~i.._. I n L.. ~.._..J ~L.. i~.._.. .11"F1 58TH AVE IN Tf` 11 ~ I~. ~ I I ~ ! II>~~,~•~~ „ ~ b it !i _ ~ II . " t809 1701 a NI: n { 921 I ~Jf ° iV 1 I n I I I I~ I~ ` n iil II I I I I 3 I P' n ~',-,~1WW I-_ I I I I ' I „ I AI , I I I I j ^ I I k'~^~~ L i_ I j n I. jl . 41 I J.._.._.._.._l.r. T..1.._.._.._..J.._.._..,i I----~ .Lo~.. l I_.._..1.._.._.._.._:-,i, l~.T_.._.._.._..~.. ❑ W I I I I ~ I I I I I ~ n I I [ I I n I J n I I "--1_ I ° I I I I I • _ I I I I " I Imo,-~I I 1 L.._.._.._ ------J.. s ._.._L.._.._.._..1.._.._.l_.._.._..L.._..1„-,, _ : - - SM AVE N Inds Siam a>E I fff CITY OF BROOKLYN CENTER HENNEPIN COUNTY, MINNESOTA I I ~ I I 11MERIBY CM" THAT D6 AM -ECW A K OR REPORT MIS POPARM M W O UNCFR W DPECT AA°P1mpW AND 1X11 I AM A DAY PROI EhIGIWER LWM M LAMS OF TW RATE OF UMMSWA SIGNATURE. DATE PRINTED NAME: STEVEN L ULLf)i AUG, P.E. LTC. ND. 41868 KEY PROPOSED STORM SEWER PIPE 0 AND STORM STRUCTURES EXISTING STORM SEWER PIPE • AND STORM STRUCTURES TO REMAIN IN PLACE a NOTE: SEE STORM SEWER PLAN SHEETS FOR PIPE SIZE, MATERIAL AND GRADE. WA my 014009-01 STORM SEWER w CONSTRUCTION NOTE : t I ~I THE SUBSURFACE UTILITY INFORMATION N THIS g THRE Il~SIBEEISECTIOt': _ I I PLAN IS SHOWN TO UTILITY QUALITY LEV L IN WEAR COU E O f II ACCORDANCE WITH THE LEGEND PROVI D 'BASE COUR E I I' BELOW. THIS QUALITY LEVEL WAS DETE MINED a: "CLASS 5 AGGREGATE BASE Z I' ACCORDING TO THE GUIDELINES OF CI/ SCE N o o a o € 38-02, ENTITLED STANDARD GUIDELINE FOR THE THREI RIVERS PARK TRAIL SECTION: Il o II COLLECTION AND DEPICTION OF EXIS G " WEAR COU SE q I SUBSURFACE UTILITY DATA. g BASE COUE I UTILITY DESIGNATIONS TO BE AS FOL WS: CLASS S A -OPrarF RASG II G -NATURAL GAS _ 0 j E - ELECTRIC Q .{r ~i T - TELEPHONE - CONNECT TO C. I I ' (n I Il CTV - CABLE TV EXISTING 36" RCP , n 'I L ~I ll rlr l FO - FIBER OPTIC `--N- dREMOVE 300 LF TE W e ! I ! I r Illy !r 4~ OHP -OVERHEAD POWER r ~ II EXISTING 36" RCP - I I ~ I w ~1, I I vrr ~ i°lll - 1 II `v ,r ' 1'rr~~~rr Ilr CBMH~N STORM SEWER ! I r I r~ C r I l l!I I iI/iU ll' Ill' 1, I ~ l I r I I I Il~ 1 1 UTILITY QUALITY LEVELS: < ( - IRI J _ I - - --4° GCB FY-111 _ x111111 ! l 11 IIIII'141~r1 QUALITY LEVEL A -G-a-'a - B _ - -9 5 + 0 1 ~l Ds, 11 -a-i-a r--~-T--~---, SAFETY I~rl I I Ilr ll lj/l QUALITY LEVELS -G-e-G-C - y - KING AREA. PROVIDE SITE J1,II rrlj Illl rlirtl~l QUALITY LEVELC -G<~Gt- f _ _ i r 40' X 200' CONTRACTOR Ir rl ;Jjj I I ABANDONED STORM SEWER QUALITY LEVEL D - G-0 G-11 - WO~ SPEC. ~oFax 59th Avenue North s - I i11 ,!I I I III f I II l~01 `r~ f a ST 1~ 1~7I I rrl 111 °~~T 1 ! I AI l 111 ll ll Sao: LL /11 l I !I IIliliJl4 EXISTING 36" CMP OUTLET 11 I i' lI rFlll -EONNEFfTQ 6tORM-~~ Ilr lll. B-1'14 I M H E 1 1 I l J/ I III I1j111 I r III Y/ N ~l is I /I 11I~)Cd 1 I 7 ! I ! 111 _ > l ON I ^I- r V I 1 - &TUH---101 I r 41 l l I > I I III III ll > }II Il L j I \ ' ! I' rll"~ ~II~I Ilr l l/Al ~~II'I~r11 1 m°o Z ~I ' o t ~ / r~I ilIII~ ~ - rll I r IIIA Ivgrl"i~rl ° I' /,j¢Ipil,l'151 w 3 m'" ; END PIPE JACKI TM 1 cc LI SB-2 1y III OUTLET STRUCTURE r z PI II ~\rlic d l 'i, 0 o- 3 I I I !({v aln l1 111 111111 ~r 1111111 11! ; ~U )x111!)1 ~Illl CL ~a ~ X l V I j~Ilrr~_, _ ~Ilr !1 N~ l 11,111x,1 co _m L LL 0 Q I v J I 77 s l 1" 1 ~RvY r rhdx,II ~(q 1 J vl III u r I 1 ; Ir , e ,;l fi I Ifi Y_illlr /II 1111 i l1 BEGIN PIPE JACKING (q z PATCH BITUMINOUS STRE I I I 61 I I 0 I I I 1 Ir1 ( AND TRAIL. SEE NOTES F ' I b oil/ llNl ~II e ~SECTIONS. RESTRIPE TR IL I ilgllll_REMOVE AND REINSTALL 50 N M TO MATCH EXISTI~G. I gllll~ It i LF CHAIN LINK FENCE. O }v I 1 I IN ALL APPROX. 250 LF OF y v l 1 I I j r II 1 WIDE TEMPORARY C I ! v I a I I TUMINOUS TRAIL AROUND 5 100 ~0 ORK AREA • I ~ L. I- 1 I~ ~ 1 1 Scale l~(nt I 59TH AVENUE NORTH : _ _ NN'N'o I . . N 1 ~1YT o amp0 < : m O N 7 n low :p 860 m~ mm or- 860 Q to n. 1+In n a Z¢ m _ rcZ > m a 111.5E; 3 W W ~VI 1n:~Z? Z 00 aN Z n - o~m hN an : _.n m 850 mz M "co o no 850 Z o --w o S ~1001N~ mN.W a. ck m ~n I +mz =0aD Z0 on o v` 840 a~? ~am>o mZ0 Xas>Z 840 zN n r rc nn~T+ Z E 093 _ u[n&2.Z. rn W 7 - - - - - - - - - - - 8 42 RP T ~mz0' nz r w 1 Q~ 0 m m 3/ 2 \ ZZ W V 2 C 830 38 09,. I- - - - - - R~pJI 830 U - ~I 15 0 u N v 42"I CP \ m } n 820 3pr 0,40 : 54"RCP Z °o°m J Y r s 0.4 % 48 RCP 820 U 7.627. -30 0" 1~ UI? 810 810 258' 0.207. 48"RCP, CL. 4 89' 0.0,1% 48 m 0 Soo 800 o • e n o n a a a n n n n n n n m m m n m n m <i Y o a d a n o o 0 0 0 m m m m n n n n~.. n n n n . m m m m m m m! m m m m.. m m m m m m m amwo,¢. e 8+00 7+00 6+00 5+00 4+00 3+00 2+00 1+00 0+00 C5•01 Appendix C DRAFT Proposed Pending Assessment Roll Feasibility Report 2009 Residential Neighborhood Improvements ITY: OF BROOKLYftiI::.... ...M N:-T:ROLL>: C . CEM:TER..... QED PEN ESS E......................... . 0 1:213Q/2008 . . :::::::AiLD:RICH: NEIOFFBORHOOD: . . ....M . ROVF.MENT:PP0JCCT.:20d9fi :x:02::::: PROPER':' ` . ` PTO :RIB::::::.. O N .T .................T ..I........... ,.....:...........AcI D ~E , YY.#.:.:.:...:.:.:.STI EE.:.:.:.:LE~t PID: 0111821120017 15901 LYNDALE AVE N 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821120018 15900 CAMDEN AVE N I 173431 $3,435.001 173441 $1,031.00 !Corner PID: 0111821130008 15730 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130009 1631 58TH AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821130010 15726 CAMDEN AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821130011 1621 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130012 1627 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130029 1605 59TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130036 15801 LYNDALE AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821130037 1630 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130038 15812 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130039 15824 CAMDEN AVE N 173431 $3,435.001 173441 $1,031.001 PID: 0111821130040 15834 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130041 15838 CAMDEN AVE N 173431 $3,435.001 173441 $1,031.001 PID: 0111821130042 1625 59TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130043 5712 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130044 5706 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821210009 5905 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210025 15901 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210029 15900 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210037 15901 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210038 15900 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210061 15900 DUPONT AVE N I 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210119 15900 COLFAX AVE N 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210120 15901 BRYANT AVE N 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821240001 5820 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240002 5808 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240003 15800 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240004 15850 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240005 15840 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240006 15830 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240011 15712 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240012 15706 COLFAX AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821240013 15700 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240014 15713 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240015 15707 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240016 11000 57TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240017 15857 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240018 15849 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240019 15841 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240020 15831 COLFAX AVE N 173431 $3,435.001 173441 $1,031.001 PID: 0111821240021 15825 COLFAX AVE N 173431 $3,435.001 173441 $1,031.001 PID: 0111821240022 15817 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240023 15809 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240024 15801 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240025 15800 DUPONT AVE N ( 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821240032 15856 DUPONT AVE N 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821240035 1713 58TH AVE N 173431 $3,435.001 173441 $1,031.001 PID: 0111821240036 1727 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240037 15730 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240038 15724 ALDRICH AVE N 1 173431 $3,435.00 173441 $1,031.001 PID: 0111821240039 15737 ALDRICH AVE N 1 173431 $3,435.00 173441 $1,031.001 PID: 0111821240040 15731 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 C17YOF BROOKLY1rl: CENTER PROP ED PENDING ASS MENT:ROIL::::::: O .............5........ . 0 1:213d/2008: ALD:Rf. I.. HB RH .D::::: C.... E.. O. . 00 IM PRO V M N7 F~ROJ-15C •d9 d2 IIIN °.l ES R!R4PEEtTlfif[3:`'1YT ':Fttil. . AcC)DES C`Y.. PID: 0111821240041 15725 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240042 5732 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240043 5750 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240044 15744 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240045 15728 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240046 15729 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240047 15741 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240048 15749 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240049 15759 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240050 1909 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240051 1921 58TH AVE N 1 17343+ $3,435.001 173441 $1,031.001 PID: 0111821240052 11009 58TH AVE N 173431 $3,435.001 173441 $1,031.001 PID: 0111821240053 15746 DUPONTAVE N 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821240059 15707 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240061 15713 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240063 15712 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240064 15706 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240072 15848 ALDRICH AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240073 15849 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240075 15827 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240076 15826 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240077 15820 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240078 15821 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240079 15815 CAMDEN AVE N 173431 $3,435.001 17344 $1,031.001 PID: 0111821240080 15810 ALDRICH AVE N 173431 $3,435.001 17344 $1,031.001 PID: 0111821240081 1700 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240082 1710 58TH AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240083 15800 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240084 1800 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240085 15824 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240086 15813 ALDRICH AVE N ( 173431 $3,435.001 173441 $1,031.001 PID: 0111821240087 15807 ALDRICH AVE N 1 17343 $3,435.001 17344 $1,031.001 PID: 0111821240088 15829 ALDRICH AVE N 1 17343 $3,435.001 17344 $1,031.001 PID: 0111821240089 15830 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240090 15835 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240091 15838 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240092 15847 ALDRICH AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821240093 15848 BRYANTAVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821240094 15851 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240096 15841 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240097 15835 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240099 15801 BRYANTAVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240100 15807 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240101 1701 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240102 1707 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240103 15731 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240104 15725 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240105 15711 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240107 15835 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240108 15834 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240109 15819 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240110 15827 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 ...............I............... ITY::OF:BROOKLY#�I::C£N: TER :PROPOSED:PENDING:1�1iSSESSM: N:T:ROLL:::::::: AL DRI hk NEI I B RWOOD C....... G... O...... IM MMEN�" PROJECX.2Q004 0� PER Ia AiDD E I E L 1 TFiM? PID: 0111821230106 XCEL ENERGY 173431 $24,045.001 17344 $7,217.00 t art 211001 Fiji city item No, 1Ob .ty council 0 • COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works ~0- DATE: January 20, 2009 SUBJECT: Resolution Declaring Costs to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2009-01 and 02, Aldrich Area Neighborhood Street and Storm Drainage Improvements Recommendation: Assuming the City Council has accepted the Engineer's Feasibility Report for the Aldrich Area Residential Area Neighborhood Improvements, staff recommends that the City Council approve the attached resolution calling for a public hearing for the proposed special assessments to be levied in conjunction with Improvement Project Nos. 2009-01 and -02. Background: The attached resolution declares certain project costs to be assessed for the Aldrich Area Neighborhood Improvement Project and calls for a public hearing on the proposed special assessments on February 23, 2009 immediately following the improvement hearing. Staff • recommends that the Council consider holding the special assessment hearing immediately following the project hearing. The purpose of holding the special assessment hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are known prior to entering into a construction contract or issuing bonds to finance the assessed portion of the project. The established assessment rate would set the maximum levy amounts, guaranteeing property owners of the final cost they will pay for the project. Special assessments for this project have been calculated in accordance with the City's Special Assessment Policy. The City Council previously established the 2009 R-1 zoned residential rates of $3,435 for street improvements and $1,031 for storm drainage improvements by Resolution 2008-110. Budget Issues: The project cost is estimated to be $3,261,000. The total special assessments for this project are estimated to be $384,720 for street improvements and $115,472 for storm drainage improvements. The Draft Special Assessment Levy Roll for Improvement Project Nos. 2009-01 and 2009-02 is attached to the Resolution. • Special Assessment Aldrich Area Improvements Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2009-01 AND 02, ALDRICH AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer's Feasibility Report for Improvement Project Nos. 2009-01 and -02, Aldrich Area Neighborhood Street and Storm Drainage Improvements; and WHEREAS, the total cost of the street and storm drainage improvement portion of said project is estimated to be $3,261,000; and WHEREAS, the City Clerk has prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for street improvements included in City Improvement Project No. 2009-01 is declared to be $384,720. That portion of the cost to be assessed against benefited property owners for storm drainage improvements included in City Improvement Project No. 2009-02 is declared to be $115,472. 2. A hearing shall be held on, the 23d day of February, 2009, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. • RESOLUTION NO. Januarv 26. 2009 Date ATTEST: Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 0 . CITY::OF:8R04KLY- -N:CEN:TER:PROP05ED PENDING A,5,$ WIE R ROLL . . . . 1:2130120Q$: . : : : N# IY. . . . iLDF IC.. . .E .I. .C. . . . . . . . . FFBORWO0D.. : . . kMhROVIMNT #?ROJC7:ZI0~9::02 T:... .....:.::.......:.:.:~~X'Y # RI=~' .............1'~...,.. ~ PID: 0111821120017 15901 LYNDALE AVE N I 173431 $3,435.001 173441 . $1,03 ..1 . 001C . orner PID: 0111821120018 15900 CAMDEN AVE N 1 173431 $3,435.001 17344 $1,031.001 Corner PID: 0111821130008 15730 CAMDEN AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821130009 1631 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130010 15726 CAMDEN AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821130011 1621 58TH AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821130012 1627 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130029 1605 59TH AVE N 1 173431 $3,435.00 173441 $1,031.001 PID: 0111821130036 15801 LYNDALE AVE N 1 173431 $3,435.00 173441 $1,031.00ICorner PID: 0111821130037 1630 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130038 15812 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130039 15824 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130040 15834 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130041 15838 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031,001 PID: 0111821130042 1625 59TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821130043 15712 CAMDEN AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821130044 15706 CAMDEN AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821210009 15905 CAMDEN AVE N I 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210025 15901 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210029 15900 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210037 15901 ALDRICH AVE N I 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821210038 15900 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 Corner 0111821210061 15900 DUPONT AVE N 1 173431 $3,435.001 173441 $1,031.00 Corner *0111821210119 15900 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.00 Corner PID: 0111821210120 15901 BRYANT AVE N ( 173431 $3,435.001 173441 $1,031.001 Corner PID: 0111821240001 15820 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240002 15808 COLFAX AVE N 1 173431 $3,435.00 173441 $1,031.00 (PID: 0111821240003 15800 COLFAX AVE N I 173431 $3,435.00 173441 $1,031.001 IPID: 0111821240004 15850 COLFAX AVE N ( 173431 $3,435.00 173441 $1,031.001 1PID: 0111821240005 15840 COLFAX AVE N I 173431 $3,435.00 173441 $1,031.001 1PID: 0111821240006 15830 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240011 15712 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240012 15706 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240013 15700 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240014 15713 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240015 15707 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240016 11000 57TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240017 15857 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240018 15849 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240019 15841 COLFAX AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240020 15831 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240021 15825 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240022 15817 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240023 15809 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240024 15801 COLFAX AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240025 15800 DUPONT AVE N 1 173431 $3,435.001 173441 $1,031.001 Corner 0111821240032 15856 DUPONT AVE N I 173431 $3,435.001 173441 $1,031.001 Corner :0111821240035 1713 58TH AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240036 1727 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240037 15730 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240038 15724 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240039 15737 ALDRICH AVE N I 173431 $3,435.001 173441 $1,031.00 PID: 0111821240040 15731 ALDRICH AVE N I 173431 $3,435.001 173441 $1,031.00 . ...........w CITY::OF:BRQOKLYir1::CENTER.PROPO$EEK .:RO~:::::'::::::::::' q ..........`:'::A D ICti FEEL . H. R .........C . BORHOOD............................ W. ROV-EM~t4T'.QJrzCT:2009.4i :1 02 ..I~...........................::......:.:.:.:A .#.:.:.:...:.:.:.STRE .:_....a kT T RI T PID: 0111821240041 15725 ALDRICH AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240042 15732 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240043 5750 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240044 5744 BRYANT AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821240045 15728 BRYANT AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821240046 15729 BRYANT AVE N 1 173431 $3,435.00 173441 $1,031.001 PID: 0111821240047 15741 BRYANT AVE N 1 173431 $3,435.00 173441 $1,031.001 PID: 0111821240048 15749 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240049 15759 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 IPID: 0111821240050 1909 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240051 1921 58TH AVE N I 173431 $3,435.001 17344 $1,031.001 PID: 0111821240052 11009 58TH AVE N 1 173431 $3,435.001 17344 $1,031.001 PID: 0111821240053 15746 DUPONT AVE N I 173431 $3,435.001 173441 $1,031.00 Comer PID: 0111821240059 15707 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240061 15713 BRYANT AVE N 1 173431 $3,435.00 173441 $1,031.00 PID: 0111821240063 15712 BRYANT AVE N I 173431 $3,435.00 173441 $1,031.00 PID: 0111'821240064 15706 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240072 15848 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240073 •15849 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240075 15827 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240076 15826 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 P : 0111821240077 15820 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 0111821240078 15821 CAMDEN AVE N i 173431 $3,435.001 173441 $1,031.001, 0111821240079 15815 CAMDEN AVE N i 173431 $3,435.001 17344 $1,031.001 PID: 0111821240080 15810 ALDRICH AVE N I 173431 $3,435.001 17344 $1,031.001 PID: 0111821240081 1700 58TH AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240082 1710 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240083 15800 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID; 0111821240084 1800 58TH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240085 15824 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240086 15813 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240087 15807 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240088 15829 ALDRICH AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240089 15830 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240090 15835 ALDRICH AVE N 1 173431 $3,435.00 173441 $1,031.00 PID: 0111821240091 15838 BRYANT AVE N I 173431 $3,435.00 173441 $1,031.00 PID: 0111821240092 15847 ALDRICH AVE N 1 173431 $3,435.00 173441 $1,031.001 PID: 0111821240093 15848 BRYANT AVE N 173431 $3,435.001 173441 $1,031.001 PID: 0111821240094 15851 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240096 15841 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240097 15835 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240099 15801 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.00 PID: 0111821240100 15807 BRYANT AVE N I 173431 $3,435.001 173441 $1,031.00 PID: 0111821240101 701 58TH AVE N 1 173431 $3,435.001 173441 $1,031.00 PID: 0111821240102 707 58TH AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240103 15731 CAMDEN AVE N I 173431 $3,435.001 173441 $1,031.001 0111821240104 15725 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 0111821240105 15711 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240107 15835 CAMDEN AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240108 15834 ALDRICH AVE N I 173431 $3,435.001 173441 $1,031.001 PID: 0111821240109 15819 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 PID: 0111821240110 15827 BRYANT AVE N 1 173431 $3,435.001 173441 $1,031.001 • 0 0 City Council Agenda Item No. lOc 0 0 . MEMORANDUM TO: Curt Boganey, City Manager FROM: Tom Bublitz~ Co- riimunity Development Specialist DATE: January 13, 2009 SUBJECT: Resolution Calling for a Public Hearing on Proposed Use of 2009 Urban Hennepin County Community Development Block Grant Funds and Public Comment on Reallocation of 2008 Community Development Block Grant Funds Recommendation Recommend City Council consider adoption of the Resolution Calling For A Public Hearing On Proposed Use Of 2009 Urban Hennepin County Community Development Block Grant Funds and Public Comment on Reallocation of 2008 Community Development Block Grant Funds. • Background This agenda item provides for a public hearing for the City's annual Community Development Block Grant (CDBG) program. This public hearing is required for participation in the CDBG program. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. Hennepin County has notified the City of Brooklyn Center that it expects its CDBG allocation for 2009 will be $186,215. This amount is an estimate and may be revised. At the time of writing this memorandum, Congress has not passed the Omnibus Funding Bill which includes CDBG. The City's 2008 allocation was also $186,215. The federal authorizing statute for the CDBG program requires that each funded CBDG activity meet one of the three national objectives: benefiting low income persons, preventing or eliminating slums and/or blight and meeting urgent community needs. The federal statute stipulates that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and/or very low income persons. Each city must meet this requirement at the local level. . The City's 2008 CDBG program funded the following three projects, which all met the requirement for benefiting low and/or very low income persons: • 1. Rehabilitation of private mouerty. This activity provides for rehabilitation and repair of single family homes of low and moderate income households. This activity has been part of the City's CDBG program since inception in the 1970's. 2. Household Outside Maintenance for the Elderly (H.O.M.E.) program. This activity has been part of the CDBG program for 14 years. The H.O.M.E,. program's focus is minor home maintenance and repair, including exterior and interior painting and some household chore services, for persons 60 years of age and older. 3. Communitv Emereencv Assistance Program. Inc. (LEAP) Senior Services Program. The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping and interior and exterior maintenance. The Senior Services Program also includes Meals on Wheels. This program has been funded by the City for nine years. Code Enforcement Initiative for ForeclosedNacant Properties. In addition to the three programs described above, the City's 2009 General Fund Budget reflects the allocation of $150,000 in 2009 CDBG funds for its code enforcement initiative relative to foreclosed and vacant properties. The proposed 2009 CDBG program reflects this dollar amount. The proposed code enforcement activity would also meet the low and moderate income benefit requirement. • Details on the proposed code enforcement initiative, the housing rehabilitation program, H.O.M.E. and CEAP Senior Services will be provided prior to the CDBG public hearing on February 23rd. ADMINSTRATIVE REOUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited to a 15 percent cap on public service projects. Both the CEAP and H.O.M.E. programs are categorized as public service projects. Based on the estimated allocation for 2009, continued funding of both the H.O.M.E. and CEAP program at 2009 levels would be capped at $27,932 (total for both programs combined). REALLOCATION OF 2008 CDBG FUNDS In late 2008 staff was informed by Hennepin County that $15,000 in 2008 CDBG funds was available from the Rehabilitation of Private Property CDBG activity for reallocation to the new proposed Code Enforcement Activity. The reallocation of the $15,000 could be accomplished administratively and staff submitted a request to the county for the reallocation. Recently, county staff informed the city that an additional $35,000 from the 2008 Rehabilitation of Private Property CDBG activity was also for available for reallocation for a total reallocation of 2008 CDBG funds at $50,000. This dollar amount cannot be reallocated administratively. The reallocation of $50,000 requires publication of the proposed reallocation and notice that the City will receive public comment on the proposed reallocation. The hearing notice for the City's 2009 • proposed CDBG program includes the required notice on the proposed reallocation of 2008 CDBG funds. • ADDITIONAL REOUESTS FOR CDBG FUNDING At present, staff has received one inquiry from HOME Line, a tenant advocacy agency, requesting funding under the public service category. Staff will request any agencies, requesting CDBG funding, to submit formal proposals for funding. All such Requests/Proposals will be --=included in the Council packets for-the February 23, 2008 public hearringa PUBLIC HEARING A resolution calling for a public hearing for the 2009 CDBG program is included with this memorandum. The required public hearing notice has been prepared and includes an allocation for continued funding of neighborhood service projects at the 15% cap, funding for the code enforcement initiative and a limited amount of funding for the City's housing rehabilitation program to address emergency situations. The resolution prepared for City Council consideration and included with this memorandum, establishes the date of February 23, 2008 as the public hearing date for the City's 2009 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2009 CDBG program must be submitted to Hennepin County by February 26, 2009. The public hearing notice does not commit the city to funding any specific CDBG activity at this time and the CDBG activities and dollar amounts allocated to them, can be revised at the public hearing on February 23, 2009, or at anytime within the 2009 CDBG program year upon conducting a public hearing to amend the City's CDBG program. The public hearing notice also includes the required notice • and public comment request relative to the proposed reallocation of 2008 CDBG funds. Budget Issues: Since the Federal fiscal year for CDBG runs from July 2009 to July 2010, the 2009 CDBG program will be reflected in 2010 Annual City Budget. The programming of the 2009-2010 CDBG funds for code enforcement is consistent with the City's 2009 approved budget. The re-programming of 2008 CDBG funds will enable the Housing Foreclosure and Vacant Building Initiatives to proceed earlier in the 2°d quarter of 2009 than originally anticipated. 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2009 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND, PUBLIC COMMENT ON REALLOCATION- OF 2008 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS • WHEREAS, Brooklyn Center is one of 40 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its estimated allocation for the 2009 Urban Hennepin County CDBG Program is $186,215; and WHEREAS, a public hearing regarding the proposed use of 2009 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program; and WHEREAS, the City of Brooklyn Center also desires to reallocate certain funds from its 2008 Urban Hennepin County CDBG Program to a new CDBG activity in 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. A public hearing on the proposed use of 2009 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 23, 2009, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2.. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2009 Urban Hennepin County Community Development Block Grant funds and public comment request on the proposed amendment to the City's 2008 CDBG Program in the City's official newspaper not later than fifteen days prior to February 23, 2009. Date ATTEST: City Clerk Mayor 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. 0 0 . Publish 2-5-09 NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2009 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND PUBLIC COMMENT REQUESTED ON PROPOSED AMENDMENT TO 2008 COMMUNJT-Y. _ DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 23, 2009, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hail, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and the City's proposed use of the estimated 2009 Urban Hennepin County Community Development Block Grant Program planning allocation of $186,215. In addition, notice is hereby given that the City of Brooklyn Center proposes to change the use of funding it received from the Hennepin County Community Development Block Grant Program • in 2008 funded under Title I of the Housing and Community Development Act of 1974 as amended. The City of Brooklyn Center proposes to reallocate $50,000 from the rehabilitation of private property to a new project titled Comprehensive Code Enforcement and ForeclosedNacant Properties Initiative. The City Council will consider the above reprogramming at its February 23, 2009 meeting in conjunction with the city's public hearing on the 2009 Urban Hennepin County Community Development Block Grant Program. In addition, between July 1,,2009 to June 30, 2010, it is estimated that no additional program income from previously funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 2009 Urban Hennepin County CDBG funds starting on or about July 1, 2009. Activitv Budeet Neighborhood Public Service Projects $27,932 Comprehensive Code Enforcement and $150,000 ForeclosedNacant Properties Initiative Rehabilitation of Private Property $8,283 i For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763-569-3300 or the Hennepin County Housing, Community Works and Transit Department of Transit and Community Works at 612-348-9260. The public hearing is being held pursuant to MS 471.59. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. 0 0 City Council Agenda Item No. lOd • 0 TO: FROM: DATE: SUBJECT: City of Brooklyn Center City Council Agenda Item Memorandum Curt Boganey, City Manager Daniel Jordet, Director of Fiscal & Support Se 21 January 2009 Audit Letter of Engagement Recommendation: It is recommended that the City Council adopt the attached resolution authorizing the Mayor and City Manager to execute the Letter of Engagement for audit services provided by Malloy, Montague, Karnowski, Radosevich & Co. (MMKR) in connection with the audit and review of the 2008 Comprehensive Annual Financial Report and the preparation of the 2008 Management Letter. Background: i Each year the City Council hires an independent CPA firm to audit the City's financial statements contained in the Comprehensive Annual Financial Report (CAFR). In connection with the audit of the CAFR, the CPA firm prepares a Management Letter for the Council pointing out highlights of the financial statements and suggesting ways that the financial reporting system might be improved. Occasionally there are items of concern that the auditors raise as findings or reportable conditions. The audit process includes review of the financial statements, comparison of the actual results with budgeted allocations, review of the internal control system of the City, compliance with state and federal accounting and reporting procedures, and preparation and presentation of the audit report and a Management Letter. MMKR began its work as the City's independent auditor last year as the successful firm in the Request for Proposals (RFP) process performed at the end of 2007. Their engagement runs through the 2009 financial statements with three additional years of renewal available at the City's option. A new RFP will be prepared and reviewed by the Financial Commission and City Council in 2013. Financial Impact: The proposed fee for this service on the 2008 CAFR is $ 39,280. The 2009 budget contains a total of $ 43,050 in designated accounts in the General Fund, EDA fund, and all Enterprise type funds. The proposed engagement is within the budgeted allocation. , M-MKR RT I F I E D PUBLIC CCOUNTANTS January 7, 2009 To the City Council of the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 PRINCIPALS Kenneth W. Malloy, CPA Thomas M. Montague, CPA Thomas A. Karnowski, CPA Paul A. Radosevich, CPA William J. Lauer, CPA James H. Eichten, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA We are pleased to confirm our understanding of the services we are to provide the City of Brooklyn Center (the City) for the year ended December 31, 2008. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the City's basic financial statements as of and for the year ended December 31, 2008. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as the Management's Discussion and Analysis (MD&A), to accompany the • City's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by accounting principles generally accepted in the United States of America and will be subjected to certain limited procedures, but will not be audited: 1. MD&A 2. Required supplementary information 3. Governmental Accounting Standards Board (GASB) required other post-employment benefits (OPEB) information (as needed) Supplementary information other than RSI, such as combining and individual fund financial statements, also accompanies City's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: 1. Combining and individual fund statements and schedules The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Statistical tables 2. Introductory section Malloy, Montague, Karnowski, Radosevich & Co., P.A. 5353 Wayzata Boulevard - -Suite 410 - Minneapolis, MN 55416 - Telephone: 952-545-0424 - Telefax: 952-545-0569 - www.mmkr.com City of Brooklyn Center Page 2 January 7, 2009 • We will perform the require g d State Legal Compliance Audit conducted in accordance with auditing standards generally accepted in the United States of America and the provisions of the Legal Compliance Audit Guide, promulgated by the State Auditor pursuant to Minnesota Statute § 6.65, and will include tests of the accounting records and other procedures we consider necessary to enable us to conclude that, for the items tested, the City has complied with the material terms and conditions of applicable legal provisions. We will also prepare a management report for the City Council and administration. This report will communicate such things as our concerns regarding accounting procedures or policies brought to our attention during our audit, along with recommendations for improvements. The report will also contain certain financial comparisons and analysis, and other information of interest. Our services will not include an audit in accordance with the Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget Circular A-133, which would only be required if the City expended $500,000 or more in federal assistance funds during the year. If the City is required to have a single audit of federal assistance funds, this engagement letter would need to be modified. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America established by the Auditing Standards Board (United States); the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of the management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies, and is not intended to be, and should not be, used by anyone other than these specified parties. If, during our audit, we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. 0 City of Brooklyn Center January 7, 2009 • Management Responsibilities Page 3 Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will prepare a draft of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting-full responsibility for such decisions. You will be required to acknowledge in the management representation letter that you have reviewed and approved the financial statements and related notes prior to their .iss,uance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. Management is responsible, for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City and the respective changes in financial position and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. Management is responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation • letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the City involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud and illegal acts affecting the City received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the City complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, and the timing and format related thereto. 0 City of Brooklyn Center January 7, 2009 0 Audit Procedures - General Page 4 An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable, rather than ___absolute, assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the City or to acts by management or employees acting on behalf of the City. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls Our audit will include obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. 0 City of Brooklyn Center January 7, 2009 Audit Procedures - Compliance Page 5 As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance - issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other The assistance to be supplied by your personnel, including preparation of schedules and analysis of accounts, typing all cash or other confirmations we request, and locating any invoices select by us for testing, will be discussed and coordinated with you. We will provide copies of our reports to City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a regulatory agency pursuant to authority given to it by law or regulation. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of • MMKR personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the regulatory agency. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the regulatory agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. James H. Eichten, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fees for these services will be based on the actual time spent at our standard hourly rates. We will also bill you for travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable upon presentation. Unless additional work is requested, or circumstances require additional work, our fees will be as described in the Technical Proposal for Professional Auditing Services, which outlined a total all-inclusive maximum price for the audit of $39,280. If we find that additional audit procedures are required, or if additional services are requested by the City, those services will be billed at our standard hourly rates. Additional audit procedures might be required for certain accounting issues or events such as new contractual agreements, transactions and legal requirements of new bond issues, new funds, major capital projects, new tax increment districts, or if there is an indication of misappropriation or misuse of public funds. 0 City of Brooklyn Center Page 6 January 7, 2009 With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. If you intend to publish or otherwise reproduce the financial statements;-such as in a bond statement, and- _ make reference to our firm name, you agree to provide us with printers' proofs or masters for our review and approval before printing. You also agree to provide us with a copy of the final reproduced material for our approval before it is distributed. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review and letter of comment accompanies this letter. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, AGUE, KARNOWSKI, RADOSEVICH & CO., P.A. • H. Eichten, CPA kch Response: This letter correctly sets forth the understanding of the City of Brooklyn Center. By: Title: Date: By: Title: Date: • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF AUDIT SERVICES FOR THE ENGAGEMENT FOf2 PRO-R 2008 FISCAL'YEAR WHEREAS, the City of Brooklyn Center last solicited Requests for Proposals (RFP's) for auditing services in 2007; and WHEREAS, the firm Malloy, Montague, Karnowski, Radosevich & Co. was the successful proposer in that process; and WHEREAS the 2008 fiscal year is the second year in the engagement proposed by the 2007 RFP; and WHEREAS Malloy, Montague, Karnowski, Radosevich & Co. has proposed a scope of work and fees schedule consistent with budgetary expectations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City • of Brooklyn Center that Malloy, Montague, Karnowski, Radosevich & Co. be retained to perform and complete the audit of the 2008 Comprehensive Annual Financial Statements and accompanying reports at a cost not to exceed $ 39,280. The Mayor and City Manager are hereby authorized to execute a Letter of Engagement for said services. Date ATTEST: City Clerk Mayor 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. 0 • City Council Agenda Item No. 10e 0 0 TO: FROM: DATE: SUB7ECT: City of Brooklyn Center City Council Agenda Item Memorandum Curt Boganey, City Manager Daniel Jordet, Director of Fiscal & Support & 22 January 2009 Recommendation for Banking Services Recommendation: It is recommended that a banking services agreement under terms of the Request for Proposals for Banking Services issued 6 December 2008 be authorized by the City Council with U.S. Bank. Background: Six financial institutions received copies of the City's Request for Proposals for • Banking Services; four banks and two credit unions. The two credit unions, City County Federal Credit Union and Endura Financial which both have locations in Brooklyn Center, declined to propose on the basis of not being able to provide all of the services requested. Four responses were received to the Request for Proposals on Wednesday, 14 January 2009. The proposals were submitted by: • U.S. Bank • Wells Fargo Bank • Twin City Federal Bank • Bremer Bank The proposals have been reviewed using the factors specified in the RFP document. The following are my observations and interpretations of the information submitted in each of those categories. Responsiveness of the Proposal: Each of the proposals contained the basic information needed to make a thorough review. U.S. Bank and Wells Fargo were expansive in their responses, using the resources of their Government Banking and Municipal Banking divisions respectively. Twin City Federal (TCF) does not have a dedicated department for government banking and so responded in terms of its commercial banking • abilities. Bremer replied in terms of its Nonprofit Banking Group, which includes governments, foundations, nonprofit organizations and the like. Each of the • proposals was responsive to the questions asked in the RFP document. The exceptions were that TCF did not respond to a question about availability of deposited items and Bremer did not respond to questions about security and. internal review. Sufficiencv of Financial Resources: The financial statements of each of the banks demonstrated adequate financial resources and facilities to perform the tasks stated in the RFP. Analyzing the ability, capacity and skill of each institution is more subjective. U.S. Bank and Wells Fargo have divisions dedicated to municipal and government banking. The background information given for the staff in these departments demonstrated experience in working with municipal governments and their specific needs. They have demonstrated experience in both responding, to governmental needs and understanding governmental issues. TCF staff information demonstrated a high level of experience in general treasury management and commercial banking practices. Bremer did not submit any staff biographical information. Demonstrated Knowledge of the Community: All proposals demonstrated an acceptable level of specific knowledge about • Brooklyn Center. Bremer went so far as to include a section of its proposal detailing its community involvement and many pages of general demographic data about the City and its institutions. Reputation. Financial Stabilitv and Lonaevitv: Each of the proposers has positive aspects to its reputation and appears, from its financial statements, to be financially stable. Wells Fargo is the largest with assets of $ 622 billion. It its also the oldest of the banks, having been founded in 1852. TCF was founded in Minneapolis in 1923 with assets currently at $ 16.5 billion. Bremer was founded as a holding company in 1943 and has grown to hold assets of $ 7 billion. U.S. Bank, founded in 1863, is the second largest of the proposers with $ 247 billion in assets. Services: The services aspect of each of the proposals was extensive. The RFP included a number of questions on basic banking services to be used by the City as well as desirable banking services that the City does not yet use but may wish to explore. Each proposal took a slightly different approach to responding to the service aspects of the RFP. U.S. Bank explained much of the philosophy of their service operations and supplemented that with specifics related to municipal • government banking. Wells Fargo gave more detailed responses dealing with • the work flows of specific services while outlining the philosophies. TCF was more direct giving procedures and statistics. Bremer was also very direct and factual in its responses. Some of the items that struck me as significant in reviewing these sections of the responses are: All firms have clean audit opinions for all financial statements submitted. • Wells Fargo made the most specific statements and representations on security. • U.S. Bank and Wells Fargo were the most specific in stated performance measures and review. • Wells Fargo has the largest number of municipal customers with 30 in the Twin Cities. Bremer has 12. TCF has 2. U.S. Bank stated that they have 5,500 governmental customers nationwide. • U.S. Bank and Wells Fargo had the most detailed disaster recovery plans. • Bremer provided good information about the transition process and what steps would be taken to implement a transfer. Both U.S. Bank and Wells Fargo provided detailed timelines for transition. Deadlines for delivery of deposits for processing were later with U.S. Bank and Wells Fargo. Bremer had the fewest restrictions about the form of cash deposits • including change and currency. • All of the institutions provide a secure on-line banking software product. In terms of bank ratings by the national credit rating agencies, U.S. Bank and Wells Fargo carried the highest ratings at AA and Al+. TCF did not provide their ratings. Bremer does not carry the standard ratings because it no longer has outstanding public obligations requiring a rating classification. The last rating Bremer received was in July, 2007. That rating was BBB. Costs: The attached spreadsheet shows a market basket of services for comparison between the banks. The results show U.S. Bank having the lowest cost by a wide margin. This is because the underlying accounts for the U.S. Bank proposal are our own existing 4M Funds which pay the costs of transaction processing without additional charge to the City. Next lowest is Wells Fargo. Bremer is third lowest and TCF has the highest cost for this particular market basket of transactions. . Interviews: No follow up interviews were held with the banks. Bremer was contacted by phone to clarify its rating situation and U.S. Bank was contacted to clarify the 4M banking portion of the proposal. Physical facility: No site visits were performed. Client References: Three of the banks (U.S. Bank, Wells Fargo and Bremer) provided references for their services. TCF indicated in their response that they would be pleased to provide references if they were chosen as the service provider. Telephone calls to references provided information complimentary to each of the banks. Financial Impact: Banking fees currently run in the range of $ 750 to $ 1,000 per month. This number depends upon the number of deposits, the number of checks issued, the number of stop payment orders, the amount of coin or currency ordered, and • other various transactions. If U.S. Bank is chosen, armored car service would be required to make deposit deliveries. Cost of such service would run between $ 340 and $ 680 per month, depending on the number of locations for pickup of deposits. This total cost would be more than covered by the savings in monthly fees by using the U.S. Bank proposal. In addition, it would save the Police Department at least an hour each day by relieving them of the responsibility for pick-up and delivery of deposits to the bank. Additional savings could be gained if the armored car service is instructed to deliver deposits directly to the central cash vault of the bank. Leaving funds in the 4M fund until needed for payments would assure full investment of City funds at all times. On the average bank balance of $ 134,000 shown in the RFP, this would provide an additional $ 110 per month with an average interest rate of 1%. The net result of this analysis is that if U.S. Bank is chosen, monthly banking fees would be expected to be reduced by $ 200 to $ 300 per month. 0 Disclosure: The recommendation above is based on a business analysis of the proposals submitted to the City. As part of any such business analysis, it is required by the professional Code of Ethics of both the International City Managers Association and the Government Finance Officers Association that any personal interest in the firms under consideration be disclosed. The City Manager currently maintains banking relationships with City County Federal Credit Union and Wells Fargo Bank. The Director of Fiscal & Support Services currently maintains banking relationships with Wells Fargo Bank and U.S. Bank. • 0 Monthly Statement ProjliL Institution (in order of RFP receipt) U.S. Bank Wells Fargo TCF Bremer Qty. Account Maintenance Fee - 10.00 25.00 20.00 1 ACH Monthly Fee - 25.00 40.00 17.50 1 ACH File Fee - 15.00 15.00 21.00 3 ACH Item Fee - 27.50 110.00 27.50 550 Debit Items/Checks - 72.32 162.72 135.60 904 Credit Items/Deposits - 86.85 231.60 57.90 193 Cash Deposited - 370.80 494.40 509.85 $ 309,000 Boxed Coin Order - 9.75 16.50 13.50 3 Deposit Items Main Account - 57.50 115.00 69.00 1,150 Deposit Items Local - 28.00 48.00 28.00 400 Deposit Items Transit - 24.50 49.00 29.75 350 Redeposits - 12.00 16.00 32.00 8 Stop Payment Order 40.00 10.00 24.00 60.00 2 ChargeBack Fee - 36.00 66.00 48.00 12 Electronic Debits - 6.75 9.00 5.40 45 Electronic Cerdits - 22.50 30.00 18.00 150 Incoming Wire - 24.00 45.00 33.00 3 Outgoing Wire - 7.00 10.00 22.00 1 Subtotal Current 40.00 845.47 1,507.22 1,148.00 ACH Received Items - 10.00 20.00 12.00 100 Total w/ACH Payments 40.00 855.47 1,527.22 1,160.00 Analysis does not include any Earnings Credit Fees vw,z~,j • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING A BANKING SERVICES PROPOSAL AND AUTHORIZING EXECUTION OF A BANKING SERVICES AGREEMENT WHEREAS, the City Council Code of Policies requires that banking services for the City be subjected to a Request for Proposal process every six years; and WHEREAS, a Request for Proposal document was developed by staff, reviewed and recommended to the City Council by the Financial Commission, and accepted by the City Council on 24 November 2008; and WHEREAS, six banking services institutions were invited to respond to the Request for Proposal and four of those institutions responding with proposals on 14 January 2009; and WHEREAS, as required in the City Council Code of Policies, these proposals have been reviewed by the City Manager and Finance Director using the criteria delineated in the Request for Proposal document in order for a recommendation to be made by the City Manager. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that, in agreement with recommendation of the City Manager, the proposal submitted by U.S. Bank Governmental Banking Division be and hereby is accepted and that the City Manager and Finance Director are hereby authorized to execute the appropriate documents for implementation of this proposal. . Januarv 26. 2009 Date ATTEST: City Clerk Mayor 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. 0 City Council Agenda Item No. lOf • 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk SNM*Vd~ DATE: - January 22, 2009 SUBJECT: Mayoral Appointments to Watershed Commissions Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointments of Della Young as Commissioner and Abiy Assefa as Alternate Commissioner to the Shingle Creek and West Mississippi Watershed Management Commissions with terms expiring January 31, 2012. Background: The Shingle Creek and West Mississippi Watershed Management Commissions are a municipal joint powers agreement formed to provide an organization which can investigate, study, plan, and control the construction of facilities to drain or pond storm waters, to alleviate damage by flood waters; to improve the creek channels for drainage; to assist in planning for land use; to repair, improve, relocate, modify, consolidate, or abandon, in whole or in part, drainage systems within the watershed area; to do whatever is necessary to assist in water conservation and the abatement of water pollution and the improvement of water quality; to promote ground water recharge; and to protect and enhance fish and wildlife habitat and water recreational facilities. Commissioners serve a three-year term, with terms expiring January 31. Each member city appoints one Commissioner and one Alternate Commissioner. The watershed commissions meet the 2nd Thursday of each month at noon. Public notice was posted at City Hall and Community Center and on the City's website and aired on Cable Channel 16 beginning December 12, 2008. Announcement was made in the December 25, 2008, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the volunteer opportunity. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members on January 16, 2009. The two current commissioners (Kathleen Carmody and Abiy Assefa) have indicated that they would like to be reappointed as Commissioner and Alternate Commission for another three- year term. Attached for City Council Members only are the copies of the applications received. 0 Council Item Memorandum to Curt Boganey Mayoral Appointments to Watershed Commissions Page 2 January 22, 2009 Applicants are: Abiy Assefa Kathleen Carmody Dell Eriksson Stan Leino Jill Schendel Della Young 7204 Perry Court West 7024 Knox Avenue North 2207 55th Avenue North 7118 France Avenue North 7242 Willow Lane 5444 Dupont Avenue North Letters were sent to the applicants notifying, them that their applications would be considered at the January 26, 2009, City Council meeting. Budget Issues: There are no budget issues to consider. • 0 • City Council Agenda Item No. lOg 40 40 . COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning assistant City Manager DATE: -nuary 26, 2009 - n SUBJECT: Resolutions Amending the Fee Schedule for Certain Inspection and Neighborhood Maintenance Services Recommendation: Staff is recommending the adoption of the subject resolution amending the fee schedule for certain inspection and public nuisance services. Background: On December 8, 2008, the City Council adopted resolutions establishing certain fees for neighborhood maintenance services. A resolution adding specific fee category for re-occupancy inspection for vacant multi-family buildings with 3 or more units. The vacant building registration and re-occupancy inspection would only apply to situations where the whole - . building is vacant. With the adoption of this resolution, a fee would be added for multi-family properties with three and four dwelling units. Existing fee categories would apply to multi-family units that have separate parcels. Multi-family dwellings that are typically rental type of properties would not require a re-occupancy inspection. The rental license inspection would be used in lieu of the re- occupancy inspection. Apartment/Condo $115 Townhome $195 Single Family $195 Duplex (same owner) $275 Tri-plex (same owner) $415 Four-plex (same owner) $550 o Reinspection fees apply according to fee schedule Budget Issues: Inspection fees are established to help recover the city costs of service. Attachments: • Resolution- Re-occupancy Inspection Fees • RESOLUTION- Member RESOLUTION AMENDING THE SCHEDULE OF FEES FOR VACANT BUILDING RE- OCCUPANCY INSPECTIONS RESOLUTION NO. WHEREAS, the City Council of the City of Brooklyn Center adopted a vacant building ordinance, Chapter 12; and VACANT BUILDING RE-OCCUPANCY INSPECTION FEES introduced the following resolution and moved its adoption: WHEREAS, city code authorizes inspections prior to re-occupying a vacant building; and WHEREAS, the City Council has determined that it wishes to establish a fee to help recover the city costs of monitoring and providing city services associated with vacant multi- family buildings with 3 units. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the City's fee schedule for vacant building by adding the following fees for re-occupancy inspections as follows: Re-occubancv Inspection Fees A property maintenance re-occupancy inspection fee is required for registered vacant buildings as follows: Tri-plex (same owner) $415 Four-plex (same owner) $550 o Reinspection fees apply according to fee schedule BE IT FURTHER RESOLVED BY THE City Council of the City of Brooklyn Center that this resolution shall be effective January 27, 2009. Date Mayor 0 • 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. • 0 Work Session Agenda • 0 AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 26, 2009 0 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. 'be PAPUA ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1. Request from Jim Soderberg Regarding CenterPointe Apartments 2. Review of NSP Housing Application 3. Rental Housing Strategies Pending List for Future Work Sessions 1. Three Rivers Park District Plan 2. Adult Entertainment Establishments 3. TIF Districts Update - City Manager . 4. 2011 Brooklyn Center Celebration -Status Report 5. Public Safety Annual Report • Work Session Agenda Item No. I • 0 City of Brooklyn Center A Millennium Community MEMORANDUM - COUNCIL WORK SESSION DATE: January 22, 2009 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manag-..-~ SUBJECT: Center Pointe Apartments COUNCIL ACTION REQUIRED At your discretion you may hear the petition from Mr. James Soderberg regarding his interest in acquiring Center Point Apartments. BACKGROUND More than a year ago the City Council revoked the license for Center Pointe Apartments. That revocation was stayed pending performance of the owners pursuant to a negotiated . consent decree. The owners have breached the consent decree and we are currently in litigation, where we have petition the Judge to declare a material breach of the decree and to reinstate the revocation for one year. A decision from the Judges is expected within the next 60 days. In a separate action, US Bank due to delinquent bond payments has foreclosed on the property and a foreclosure sale is scheduled for January 30, 2009. Over the last several weeks Mr. Soderberg has approached the staff regarding his interest in acquiring Centerpointe Apartments. Mr. Soderberg has been consistently advised that the staff is not at liberty to discuss his plans while the matter continues in litigation and he is not the owner. We have also advised Mr. Soderberg that the decision to revoke the license for the property has been made by the City Council and only the Council may rescind that decision. COUNCIL POLICY ISSUES Is it in the interest of the City to hear Mr. Soderberg at this time? Will it serve the interest of the City to provide Mr. Soderberg with a response at this? 0 012MO 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www. cityo fbrooklyncrnter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 Curt Boganey : Jim Soderberg. Dim@sasapartments.com] Wt Thursday, January 22, 2009 12:04 PM To: Curt Boganey Subject: City Council Dear Curt, I have Center Pointe Apartments under contract. I would like the opportunity to address the City Council during the next work session on Monday. There are a few issues that we need to get resolved in order to obtain financing. The first issue is the rental license. I believe that there is no rental license on the property right now so we need to figure out how to handle that situation so that I can get financing. Also, I would like to talk about the section 42 status and figure out what our options are. And I would like to see if there are any funds available for this project so that I can make the numbers work. Our intention is to do a major renovation and turnaround of Center Pointe. The renovation will probably include new or cherry-stained cabinets, real granite countertops, stainless steel appliances, American Cherry- style floors and much, much more. I will be happy to address any questions that the council has for me. Thank you, 4m Soderberg • 0 WOrk SeSsiOu ends Item X0.2 g • MEMORANDUM - COUNCIL WORK SESSION DATE: January 22, 2009 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development' SUBJECT: Review of NSP Housing Application COUNCIL ACTION REQUESTED: Staff is requesting Council input on the potential use of NSP funds and discussion on options to meet the program's income guidelines. BACKGROUND: This information is being provided to inform the City Council of the potential availability of Neighborhood Stabilization Funds that will be administered by Hennepin County and to review the draft programs that staff has identified to compliment the City's future housing initiatives to address vacant and abandoned properties. • The U.S. Department of Housing and Urban Development created the Neighborhood Stabilization Program (NSP) to provide assistance to state and local governments to acquire and redevelop foreclosed properties that might otherwise become sources of abandonment and blight within their communities. Six agencies in Minnesota will be receiving the following allocations: Minnesota Housing (state) $38.8 million City of Minneapolis $ 5.6 million City of St. Paul $ 4.3 million Hennepin County $ 3.8 million Dakota County $ 2.7 million Anoka County $ 2.3 million Within Hennepin County, the following cities have been identified to have high risk foreclosure and abandonment scores: Tier One (Greatest Need) Brooklyn Center Brooklyn Park Crystal New Hope Richfield Robbinsdale Tier Two IFundine Permits) Champlin Hopkins Maple Grove Mound Osseo St. Louis Park • Additionally, the state program has identified the following high need zip codes: 55443 - Brooklyn Park 55430 - Brooklyn Center 55429 - Brooklyn Center, Crystal, Brooklyn Park 55444 - Brooklyn Park 55422 - Robbinsdale, Golden Valley 55428 - New Hope, Crystal 55445 - Brooklyn Park 55316 - Champlin Hennepin County's NSP Applications City staffs from the above communities have been working with Hennepin County in the development of their application to administer the following funds and to achieve the objectives of the Neighborhood Stabilization Program: NSP Funding potentially available for Hennepin County • HUD Direct Entitlement Application $3,885,729 • State Program Non-Competitive Pool 13.673.757 Total $7,559,486 0 • State Program Metro Competitive Pool $2,937,309 The following programs have been identified by Hennepin County in their initial applications as. NSP eligible activities of foreclosed properties (completion of the redemption period): *Financing Mechanism Home Ownership Assistance *Purchase Rehab Acquisition/Rehab and FHA Rehab *Demolition and Land Banking The federal regulations which accompany these programs include: • Must serve households at a below 120% the Average Median Income (AMI). • 25% of the NSP funds must serve households at or below 50% of the Average Median Income (AMI). • Mechanism to ensure long-term affordability. • Must be acquired for less than current appraisal value. • Rehab standards - decent, safe and habitable conditions. • Resale price cannot exceed costs to acquire rehab. • Additionally the regulations require that the funds are committed within 18 months and activities completed within four years. Brooklyn Center's Input: City staff have identified the following for inclusion in the County's application: Targeted neighborhood area within the High Need Zip Code area: The neighborhood targeted for NSP funds in Brooklyn Center is the City's Southeast Neighborhood. The Southeast Neighborhood in Brooklyn Center is the oldest of the city's six neighborhoods. The neighborhood is situated directly north of Minneapolis. along the west bank of the Missisippi River. The boundaires of the Southeast Neighborhood are: 53rd Avenue North (the border with Minneapolis) on the south, Hwy 100 on the west, I-94/I- 694 on the north and the Mississippi River on the east. Housing Initiatives: Down Pavment and Closine Cost Assistance (Homeowner Assistance) -The intent of this activity is to facilitate immediate occupancy of eligible vacant properties in the target neighborhood by qualified homebuyers. • -Re-occupancy of vacant properties in the target neighborhood by qualified homeowners will help to encourage existing households in the target neighborhood to stay in and maintain their properties. -The re-occupancy by qualified homeowners will help to support and rebuild the housing market in the target neighborhood. One goal of this activity is to offset the relatively large number of investor purchases of vacant and foreclosed properties in the target neighborhood. Investors are then converting former owner occupied units to rental units with minimal or no rehabilitation of the units. Purchase Rehabilitation Loan Program - The intent of this program is to provide homebuyers a source of rehabilitation funds for purchase of homes that may require light rahabilitation. Demolition/Land Banking -Historically scattered site redevelopment projects done by the city demonstrated that removal of blighted residential properties encouraged and facilitated reinvestment in surrounding residential properties. -Blighted properties create a negative impression of neighborhoods for existing residents and potential homebuyers. Removal of blighted properties helps to support and rebuild • the viability of the residential housing market. Removal of blighted properties can have a positive effect on a relatively large geographic area in proximity to the demolished property. • -Land banking of lots from former blighted structures will provide a future opportunity for creating new housing opportunities for qualified buyers. - Historically, scattered site redevelopment projects undertaken by the city have resulted in a positive long term influence on existing homeowners, encouraging continued reinvestment in the target neighborhood. Projected Budget: Loan Assistance Purchase Rehabilitation Loan Program Demolition/Land Banking $246,940 - $300,000 $444,900 - $500,000 $982.229 - $1.095.500 Projected Budget COUNCIL POLICY ISSUES: $1,695,000 - $1,905,500 The City's participation in the Neighborhood Stabilization Program and identification of a project /projects which will fulfill the requirement that 25% of the funds are to be used to serve households at or below 50% of the average median income (AMI) 0 0 " . ,N- in ouspsoto ing SECTION 1- GENERAL INFORMATION A. Applicant Information Neighborhood Stabilization Program (NSP) Application City of Brooklyn Center Neighborhood Stabilization Initiative Proposal Name City of Brooklyn Center Name of Applicant / Organization 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 Address Tom Bublitz Contact Person 6301 Shingle Creek Pkwy Brooklyn Center MN 55430 Contact Person Address 763-569-3433 Contact Person Telephone Number tbublitz@ci.brooklyn-center.mn.us Contact Person E-mail 763-569-3360 Contact Person Fax Number 8020866 41-6005011 07-135-5937 Applicant's State ID Number Applicant's Federal ID Number Organization's DUNS Number *I. Type of organization: a. ® NSP entitlement city or county b. ❑ County or city that administers CDBG funds directly c. ❑ Other local unit of government that administers CDBG funds directly (e.g., HRA, CDA, PHA) 2. Do you have experience administering CDBG funds? Z Yes ❑ No 3. Will you be contracting with an experienced CDBG administrator? ❑ Yes ❑ No a. If yes, provide the following information: i. Contract contact person ii. Contract contact person address iii. Contract contact person email 4. What pool are you applying for? a. 2 High Need Zip Code (Table 4a or 4b from NSP Action Plan) i. List zip code(s) and the estimated amount of NSP funds to be used in each zip code: ii. List targeted neighborhood/ area: The neighborhood targeted for NSP funds in Brooklvn Center is the Citv's Southeast Neighborhood.. The Southeast Neighborhood in Brooklvn Center is the oldest of the city's six neighborhoods. The neighborhood is situated directly north of Minneapolis. alone the west bank of the Missisippi River. The boundaixes of the Southeast Neighborhood are: 53rd Avenue North (the border with Revised 1-5-2009 Minneanolisl on the south. Hwv 100 on the west. I-94/1-694 on the north and the Mississippi River on the east. • iii. For applicants in non-NSP entitlement areas, describe coordinated efforts to share your stabilization plan with other units of local government in affected zip codes: b. ❑ High Need County Pool (Table 5 from NSP Action Plan) i. List targeted neighborhood/ area: 5. How will you administer state NSP funds? a. ❑ Directly administer all funds b. ❑ Sub-grant all funds to local subrecipients c. ® Combination of direct administration and sub-granting to local subrecipients B. Definitions and Requirements 1. Definitions: a. Define blighted structure and indicate if this is your local jurisdiction's definition or Minnesota Housing's. The Citv of Brooklvn Center will use the definition of "blighted structures" from the Hennepin County Consortium 2008 Action Plan NSP Substantial Amendment submitted to HUD December 1. 2008. This. definition of blight is identical to the MHFA definition and is as follows:, Blighted structure. A blighted structure is one which, by reason of dilapidation, obsolence. overcrowding, • faulty arrangement or design. lack of ventilation. light and sanitarv facilities. excessive land coverage. deleterious land use or obsolete lavout. or anv combination of these or other factors, is detrimental to the safety, health, morals or welfare of the community. 2. Housing rehabilitation/ development standards: a. In addition to required Minnesota Housing's standards, please list applicable housing standards for your program: ® Local (provide a copy as an attachment) ❑ HQS ® Other HOME Construction and Rehabilitation Standards, 3. Please describe the procedures you have in place to monitor the discount of 5% for each individual property purchased and a minimum average discount of 15% for all properties acquired. 4. If undertaking an activity that results in homeownership: a. Who will provide the homeownership education prior to purchasing a home? b. How will you pay for this activity? • c. How will people be referred to the provider? Revised 1-5-2009 d. Outline the process for ensuring that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators guidance for non-traditional mortgages. • SECTION 2 - ACTIVITY INFORMATION Note, this section requites additional inforziiationif applying for 13iore than one pool of funds. How will NSP funds be used to maximize impact in the neighborhood stabilization area? Answer all applicable questions. a. Describe the geographic boundaries of the neighborhood area delineated under the High Need Zip Code Pool request. Describe why you chose these activities as a way to maximize impact? The neighborhood targeted for NSP funds in Brooklvn Center is the citv's southeast neighborhood. The southeast neighborhood in Brooklvn Center is the oldest of the citv's six neighborhoods. the neighborhood is situated directly north of Minneapolis, along the west bank of the Mississitmi River. the boundaries of the southeast neighborhood are: 53rd Avenue North (the border with Minneapolis) on the south, Highway 100 on the west, I- 94/1-694 on the north and the MississiDDi River on the east. The reason the activities included hi this anDlication were selected is summarized by the following:. Down Pavment and Closing Cost Assistance (Homeowner Assistance) -The intent of this activity is to facilitate immediate occuvancv of eligible vacant Drooerties in the target neighborhood by qualified homebuvers. -Re-occuoancv of vacant Drooerties in the target neighborhood by aualified homeowners will help to encourage existing households in the target neighborhood to stav in and maintain their Drooerties. • -The re-occuDancv by aualified homeowners will help to support and rebuild the housing market in the target neighborhood. One goal of this activity is to offset the relatively large number of investor purchases of vacant and foreclosed Drooerties in the target neighborhood. Investors are then convertine_ former owner occupied units to rental units with minimal or no rehabilitation of the units. Purchase Rehabilitation Loan Program - The intent of this program is to Drovide homebuv_ ers a source of rehabilitation funds for purchase of homes that may require light rahabilitation. Demolition/Land Banking -Historicallv scattered site redevelopment uroiects done by the city demonstrated that removal of blighted residential Drooerties encouraged and facilitated reinvestment in surrounding residential Drooerties. -Blighted properties create a negative impression of neighborhoods for existing residents and potential homebuvers. Removal of blighted properties helps to support and rebuild the viabilitv of the residential housing market. Removal of blighted properties can have a vositive effect on a relativelv large geographic area in proximity to the demolished property. -Land banking of lots from former blighted structures will provide a future opportunity for creating new housing oDvortunities for qualified buvers. - Historicallv, scattered site redevelopment proiects undertaken by the city have resulted in a positive long term influence on existing homeowners, encouragine continued reinvestment in the target neighborhood. b. Describe the geographic boundaries of the neighborhood area delineated under the High-Need County Pool request. Describe why you chose these activities as a way to maximize impact? Revised 1-5-2009 2. Summarize in the chart below the estimated number of units and households to be served with the funding request. • Units and Households Served Financing mechanisms Purchase rehab Land banking Demolition Redevelopment Subtotal High-'deed Zip Code Financing mechanisms Purchase rehab Land banking Demolition development btotal High Need County TOTAL NSP FUNDS % of funds Total # to be of used for Total # Total Funds Total # home- Max % househ of Requested of units owners AM olds at rental hip or units units below 50% AMI $300,000.00 30 30 120% $500,000.00 25 25 120% $10,000.00 10 10' . ` . 120 ° $1,095,500.00 10 10 120','o $0.00 % of househ % of olds in funds defined to be target used for area Max % househ that AM olds at have or income below s below 50% 120% AM AM (LMMA $1,905,500.00 3. How will you target 25.4% of NSP resources to households earning 50% of AMI or less? Provide information based on which pool funds are requested from (or both): a. High Need Zip Code: The City is considering the Dossible options of acauisition and removal of distressed multi - family buildings and coordinating the redevelopment of a phased senior housing Droiect that would provide for a variety of indevendent and assisted care senior housine oDDortunities. The concevt provides for the use of available NSP funds and matching Citv Funds that are designated for affordable housing activities. The variety of housing units will allow portions of the vroiect to meet the income requirements of the NSP reauirements (not to exceed 50% of the Average Median Income) and the Citv's reauirements (not to exceed the Average Median Income for a familv of 2 or less). The City is obtaining information relative to the foreclosure status of two proverties that have distressed rental housing that would have site acouisition and demolition budgets that could range from $1.8 M - $2.0 M of NSP funds with City Matching Funds of $2M. b. High Need County: 4. Complete the Activity Worksheets. (Attachment A) for each activity for which funds are requested. 41ECTION 3'- CAPACITY Note, this section requires additional information if applying for nzore than one pool of funds. Revised 1-5-2009 A. Direct Experience with Federal Funds • 1. Describe overall experience administering CDBG funds or other federal funds (if sub-contracting list experience of that entity). a. Describe who will be responsible for implementing Davis-Bacon requirements, the applicant or another entity? ,.r - - i. Provide a brief resume (bullet-points) and highlight the qualifications of the person responsible for_ implementing Davis-Bacon. c. Attach your affirmative fair housing marketing plan. d. Describe significant populations with limited English proficiency and the plan for informing these populations of resources available through the NSP program. e. Attach certification form. (Attachment C) f. List individuals/ organizations that will be responsible for ensuring compliance with the proposed program: Responsible Party Federal Program Administration / Recordkeeping Uniform Relocation Act avis Bacon Labor Standards Wvironmental Review Certifying Officer f-Lead Risk Assessments and Inspections Property Standards Inspections Energy Audits Other: B 1. Experience - High Need Zip Code Pool Contact Name Organization/Dept' I' Phone/Email Complete Section B1 if requesting funds from the High-Need Zip Code Pool. 1. For state subrecipients that will undertake activities directly: a. Identify collaborating partners to complement and supplement expertise in the neighborhood stabilization strategy and/or to enhance capacity to execute the strategy. Be specific about the partner role in the overall stabilization strategy and within the specific activities for which funding is requested. The Citv of Brooklvn Center intends to utilize the services of the Greater Metropolitan Housing Corporation (GMHCI to assist with the acquisition and demolition of selected blighted oroverties in the target neighborhood. b. Describe past experience for each proposed activity for which funding is requested. The city has partnered with GMHC for over ten years to provide various housing services to Brooklvn Center. residents through GMHC's Housing_ Resouce Center Nrothwest located at 2148 44th Avenue North in, Minneapolis GMHC has vlaved a significet rolw in the Minneapolis /St. Paul metropolitan area affordable housing community for over 39 vears. Since 1970, GMHC has constructed or rennovated and sold 1.371 homes with a developmen cost of over $136.000,000. GMHC has considerable experience with acquisition/ demolition and subsequent develovment of single family housing. Revised 1-5-2009 Provide an analysis of current housing activities underway or in the pipeline. How will additional activity be managed? . On lanuarv 12, 2009 the Citv of Brooklyn Center Brooklyn Center, through its Economic Development Authoritv Development Authority approved housing program activities to address foreclosed and vacant properties in the citv. the urogram consists of the following activities: ReNew Loan Program - a down Davment and closing cost assistance program to help rebuild the housing market in Brooklvn Center where higher than normal levels of mortgage foreclosures and vacancies has occurred, decreasing home ownership. The program offers a $10.000 zero-percent interest loan that is forgiveable after five vears to anvone buving a home in which thev will live. ReNew Grant Program - a down Davment and closing cost assistance program to help increase home ownership and encourage reinvestment. The program offers a 3.5% grant with the use of an FHA 203K Streamline loan. Uv to $35,000 can be borrowed with a 203 K Streamline loan for home repairs, maintenance and improvements. Remove and Rebuild Program - an acquisition and demolition program to help remove blighted, distressed and unmarketable properties and return the properties to an enhanced, compatible use with the neighborhood. The goal of these housing activities is to provide 100 ReNew loans and / or grants and acquire and demolish 8 to 10 blighted properties. The ReNew Loans and ReNew Grants will be available to aualified homebuvers with household gross incomes of 100% AMI for households of two or less and 115% AMI for households of three or more. - The Citv, through its EDA. has entered into a Consultant Services Agreement with GMHC to manage the 0 ReNew Loan Program. ReNew Grant Program and Remove and Rebuild Program. d. Describe historical capacity in terms of number of units developed/ rehabbed on an annual basis and any enhancements to capacity to undertake additional NSP activities (for example, hiring or contracting with additional staff). Since 1970, GMHC has developed 22,000 housing units at a total development cost of $1.7 billion. Manv of these development proiects reo_uired acquisition and demolition of existing properties. Since 1990, the Citv, through its EDA. has acauired and redeveloped, with new construction. numerous residential Droverties, including the following: -Scattered site redevelopment (new construction) of 15 properties. Construction accomplished through development agreements with for profit and non-profit developers. -Development of 15 unit single family subdivision where EDA served as general contarctor and managed construction of 15 new single family homes. -Development of 21 unit townhouse vroiect through development agreement with for profit developer. -In the course of the citv's residential development program, EDA staff has acauired and demolished over 44 residential properties since 1990. e. Describe the monitoring plan to ensure accurate and timely quarterly reporting to Minnesota Housing on sub-grantee activities. 2. For state subrecipients that will sub-grant NSP awarded funds to local subrecipients: a. Have you selected local subrecipients? . i. If yes, list which local subrecipients have been selected on a per activity basis. Include information on how the capacity of local subrecipients to undertake development activities was evaluated. Revised 1-5-2009 n. If no, describe the process and timeline to identify local subrecipients. Include information on how the capacity of local subrecipients to undertake the development activities will be evaluated. • iii. Describe local subrecipient enhancements to capacity needed to undertake additional NSP activities (for example, hiring or contracting with additional staff). b. How will local subrecipients complement and supplement expertise in the neighborhood stabilization strategy and/or to enhance capacity to execute the strategy. Be specific about the local subrecipient role in the overall stabilization strategy and within the specific activities for which funding-is requested. c. Describe past experience as an administrator of funds to local subrecipients. L Describe mechanisms to ensure compliance with federal funding requirements. d. Describe the monitoring plan to ensure accurate and timely quarterly reporting to Minnesota Housing on local subrecipient activities. B2. Experience - High Need County Pool Complete Section B2 if reauestine funds from the Hish-Need Countv Pool. 3. For state subrecipients that will undertake activities directly: a. Identify collaborating partners to complement and supplement expertise in the neighborhood stabilization strategy and/ or to enhance capacity to execute the strategy. Be specific about the partner role in the overall • stabilization strategy and within the specific activities for which funding is requested. b. Describe past experience for each proposed activity for which funding is requested. c. Provide an analysis of current housing activities underway or in the pipeline. How will additional activity be managed? d. Describe historical capacity in terms of number of units developed/ rehabbed on an annual basis and any enhancements to capacity to undertake additional NSP activities (for example, hiring or contracting with additional staff). e. Describe the monitoring plan to ensure accurate and timely quarterly reporting to Minnesota Housing on sub-grantee activities. 4. For state subrecipients that will sub-grant NSP awarded funds to local subrecipients: a. Have you selected local subrecipients? i. If yes, list which local subrecipients have been selected on a per activity basis. Include information on how the capacity of local subrecipients to undertake development activities was evaluated. ii. If no, describe the process and timeline to identify local subrecipients. Include information on how the capacity of local subrecipients to undertake the development activities will be evaluated. Revised 1-5-2009 iii. Describe local subrecipients enhancements to capacity needed to undertake additional NSP activities (for . example, hiring or contracting with additional staff). b. How will local subrecipients complement and supplement expertise in the neighborhood stabilization strategy and/or to enhance capacity to execute the strategy. Be specific about the local subrecipient role in the overall stabilization strategy and within the specific activities for which funding is requested. - c. Describe past experience as-an administrator-of furt&to--1ocaI subrecipients. i. Describe mechanisms to ensure compliance with federal funding requirements. d. Describe the monitoring plan to ensure accurate and timely quarterly reporting to Minnesota Housing on local subrecipient activities. SECTION 4a - IMPACT ON TARGETED NEIGHBORHOOD'S - HIGH NEED ZIP CODE POOL I Complete entire Section 4a if reauestine funds from the Hieh-Need Zip Code Pool. 1. Describe how the activities for which funds are requested will contribute to the stabilization of the target area, develop new housing opportunities in the targeted area, and/or preserve land for future redevelopment. Include information on how affordability will be preserved in the targeted area. The focus of the NSP funded activities will be to facilitate re-occunancv foreclosed and vacant properties, make rehabilitation funds available to home buvers if needed and to remove blighted Dronerties that nose a threat to neighborhood stability. The demolition/land banking activity will provide opportunities for new affordable housing in the targeted area. A summarv of the city's basis and rationale for selecting the NSP activiaties is as follows: -The Homeownership Assistance Program provides the most effective financial tool to promote re-occupancv of foreclosed /vacant properties by aualified home buvers. It also helps to counter the trend of investor purchases of properties, converting them to rental with minimum or no rehabilitation. -The Homeownership Assistance Program will help to create a Dool of qualified homebuvers in the target area. -The Purchase Rehabilitation Drogram will urovide an important assurance to homebuv_ ers that funds will be available to them to provide rehabilitation if needed. -Foreclosed/vacant uroDerties are impacting the sale prices of open market transactions in the target neighborhood. ReoccuDving of these homes by qualified buvers will help to alleviate this negative impact. -Intervention with foreclosed/vacant properties helps to ensure community standards and increase resident satisfaction. -Removal of blighted properties in residential neighborhoods have historicallv had a positive impact on neighborhood stabilization. The Citv of Brooklvn Center has anecdotal information that its Bellvue Lane proiect (removal of 28 blighted uroDerties and construction of 15 new single family homes) encouraged rehabilitation of homes in the neighborhood near the proiect. 2. What mechanism will you use to maintain individual properties as affordable over the long term to encourage neighborhood stabilization? . a. Why did you choose this mechanism? The following mechanisms to maintain affordability will be used for NSP activitaies: - Homeowners Assistance Revised 1-5-2009 These loans will include a mortgage or repavment agreement that will reauire repavment of the loan if the homebuver does not occupy the home for the affordability period required by NSP/HOME regulations. -Purchase Rehabilitation Loans • These loans will include a mortgage or repayment agreement that will require renavment of the loan if the homebuver does not occupv the home for the affordability period required by NSP/HOME regulations. Demolition/Land Banking -Affordability for this activity will be addressed through a deed restriction when the property is redevelopd and sold. The deed restriction will impose NSP/HOME regulations as per affordability time limits upon resale of the ro er . The Citv of Brooklvn Center believes the affordability mechanisms described in above are the most efficient mechanisms and most acceptable to buvers to maintain affordabilitv. b. What is the affordability period? -Homeownership Assistance - five vears. -Purchase Rehabilitation loans - five to ten vears as per NSP/HOME regulations. -Demolition/Land Banking -15 vears. c. How will you achieve this affordability period? See 2a. d. Preservation of affordability - be specific as to whether resale or recapture will be used. Preservation of affordability for demolition/land banking activity will be addressed through deed restrictions for resale. 3. Define targeted neighborhoods or blocks and include the following information: a. Describe neighborhood size and boundaries, include zip code information The neighborhood targeted for NSP funds in Brooklvn Center is the citv's southeast neighborhood. The southeast neighborhood in Brooklvn Center is the oldest of the citv's six neighborhoods. the neighborhood is situated directly north of Minneapolis, alone the west bank of the Mississippi River. the boundaries of the southeast neighborhood are: 53rd Avenue North (the border with Minneapolis) on the south, Highwav 100 on the west, I- 94/I-694 on the north and the Mississippi River on the east. The southeast neighborhood is approximately 1.35 square miles. The southeast neighborhood is entirely within the 55430 zip code. b. - Provide overall number of residential properties (owner-occupied and rental) The southeast neiehbrohood contains the following numbers of owner occupied and rental properties: -Total owner occupied properties is 1,662 -Total rental properties is 124 (Total rental units is 355) c. Provide the number of sheriff's sales for the following calendar years: i. 2006 16 ii. 2007 71 iii. 2008 91 d. Number of residential properties abandoned (as of an identified date) using HUD's definition. See the definitions document for HUD's definition of abandoned properties. If data on abandoned residential properties using HUD's definition is not obtainable, and you have data on abandoned residential properties using an alternative definition, provide that data. As of Tanuarv 12, 2009. citv records show that 129 sinele family properties are vacant in the target neighborhood. Of these 129 vacant properties it is estimated that 100 are abandoned properties pursuant to the HUD definition Revised 1-5-2009 of abandoned. There are 332 vacant single family properties citv wide. The southeast vacant properties represent 39% of the total for the citv. L In addition, provide your definition of abandoned properties and explain how it differs from HUD's. The Citv of Brooklyn Center does not have a definition of "abandoned property" separate from the HUD definition. e. Median family income for the targeted area based on census block data f. Percentage of owner-occupied housing units and rental housing units 82% owner occupied 18% rental (based on total units) g. Median age of the housing stock 56 vears h. Change in housing prices in the last five years (if available) -31.6% i. Distance to existing or planned transit routes (bus routes or transit, commuter rail) The southeast neighborhood is served primarily by MTC routes 22 and 5. Route runs through the center of the southeast neighborhood. For detail on bus routes see attached Figure 3-4 "Public Transportation". j. Employment opportunities within the target area or within one mile The southeast neighborhood is within one mile from two maior areas of emDlovment opportunities: -The citv's industrial nark located north of 694 and bounded by Freewav Boulevard on the south. 69th Avenue North on the north, Shingle Creek Parkwav on the west and Humboldt Avenue Nroth on the east. -Brookdale area office and retail located east of highway 100 from the southeast neighborhood is Provide an area map as a required attachment and provide transit locations. Specify the locations where activities will be undertaken on the map. Area Mai) included in Attachments. Activities will be carried out in the southeast neighborhood. 5. Describe rationale and data to support the geographies identified for the targeted neighborhoods, as compared with other areas within the eligible geography. What criteria were used to select the stabilization area based on need? . The following is a summarv of the rationale for selection of the southeast neighborhood as the NSP targeted area: -At 39% of the total citv wide vacant properties, the southeast neighborhood represents the highest percentage of foreclosed /vacant properties in the citv. -The southeast neighborhood is the citv's most affordable with median single family home sale prices averaging $103,000, the lowest city wide. -Historically, the citv has focused its scattered site redeveloD_ went activities in the southeast neighborhood primarily because: -It contains the citv's oldest housing stock and has historically contained the most blighted properties. -It has the largest varietv of housing tvves which provides the greatest opportunity for redevelopment with new homes that will blend in with the existing architecture and home stvles. The southeast neighborhood has an urban grid street pattern which is conducive to creating areas of redevelopment that have a relatively large sphere of influence within the neighborhood. 6. Describe existing and anticipated neighborhood improvement efforts not using state NSP funds that: a. Stabilize the residential structures, and • The city has developed a foreclosure strateev a summarv of which is included in the attachments to this application. One of the elements of the strategv is a "vacant buildine registration and regulation" ordinance, a copv of which is attached to this application. Revised 1-5-2009 b. Provide housing opportunities for eligible households The citv through its Economic Develovment Authoritv (EDA) has established a Program for the Purchase of . vacant/ foreclosed homes by eligible households. The program includes the following homebuver opportunities: ReNew Loan Program - a down vavment and closing cost assistance program to help rebuild the housing market in BrookIvn Center where higher than normal levels of mortgage foreclosures and vacancies have occurred, decreasing home ownership. The Program offers a $10.000 zero-percent interest loan that is forgivable after five vears to anvone buving a home in which thev will live. ReNew Grant Program - a down payment and closing cost assistance Program to help increase home ownership and encourage reinvestment. The Program offers a 3.5% grant with the use of an FHA 203K Streamline loan. Up T to $35,000 can be borrowed with a 203 K Streamline loan for home repairs, maintenance and improvements. Remove and Rebuild Program - an acouisition and demolition Program to help remove blighted, distressed and unmarketable Properties and return the Properties to an enhanced, compatible use with the neighborhood. Additional information on the programs described above is contained in the attachments to this application. c. Prevent additional foreclosures See attached foreclosure strategv information in attachments. d. Encourage commercial development The southeast neighborhood is almost entirely residential. the largest single commerical Parcel in the neighborhood is owned by the EDA. It is the intent of the EDA to develop this 8.5 acre site. located at 57th and Logan Avenues to provide a commercial/ retail development opportunity to benefit the southeast neighbrohood. e. Improve safety • See attached foreclosure strategv. f. Improve schools not applicable g. Develop and improve parks and recreation The Citv has an ongoing Capital Improvement Program to continuallv upgrade and improve citv parks and trails. h. Improve landscaping, sidewalks and medians The Citv has an ongoing street and utilitv redevelopment and improvement Program. See attached "Street and Utility Improvement Program" Map i. Engage residents in neighborhood stabilization See attached foreclosure strategv. j. Other (please specify) k. Attach a copy of the local neighborhood stabilization plan, if available. See Attached Foreclosure Strate" 1. How will state NSP funds enhance or expand these activities? Citv Foreclosure activities focus on enforcement activities. NSP activities will enhance the Cibr's foreclosure strategv activities by helping to stabilizing and promoting the homeownership base in the Southeast Neighborhood. • If investment opportunities occur outside the defined neighborhood stabilization area, describe specific evaluation criteria that would be used to evaluate such an opportunity. See attached information on Renew Grant and Loan Program. Revised 1-5-2009 8. How will the NSP activities for which funds are requested promote economic diversity in the target area? Describe programmatic goals that have purposefully been incorporated to promote economic diversity. *Not Applicable 9. Describe how the stabilization plan supports households with a range of incomes? a. Are you planning to provide rental opportunities within the stabilization area? 0 Yes ® No If no, describe how you selected the NSP eligible activities you are requesting funds for and provide analysis on why rental units are infeasible under your NSP plan. NSP programs in the southeast neighborhood will be available to households with incomes up to 120% AMI. The Citv believes the greatest need for the southeast neighborhood is to facilitate new owner occupants to re-occuDv vacant/foreclosed Droperties to promote stability in the target neighborhood. Citv code enforcment and inspection personnel have identified a trend of increasing numbers of vacant/ foreclosed Droerties being purchased by investors who are converting former owner occupied housing to rental housing and providin¢ minimal or no rehabilitation to the propertvliesl. the City believes that the NSP funds will helo to create a pool of o_ualified borrowers to purchase and occuov homes and who will also have access to rehabilitation funds. 10. If homeownership units will be targeted to households earning 50% or less of AMI, describe the mechanism by which the long-term success of homeowners will be supported. Provide programmatic details, including information on program support costs and financial resources to support homeownership at this income level. a. - Provide the organization and program name you will contract with for these services. OCTION 4b - IMPACT ON TARGETED NEIGHBORHOODS - HIGH NEED COUNTY POOL Complete entire Section 4b if reauestine funds from the High-Need Countv Pool. 1. Describe how the activities for which funds are requested will contribute to the stabilization of the target area, develop new housing opportunities in the targeted area, and/or preserve land for future redevelopment. Include information on how affordability will be preserved in the targeted area. 2. What mechanism will you use to maintain individual properties as affordable over the long term to encourage neighborhood stabilization? a. Why did you choose this mechanism? b. What is the affordability period? c. How will you achieve this affordability period? d. Preservation of affordability - be specific as to whether resale or recapture will be used. Define targeted neighborhoods or blocks and include the following information: a. Describe neighborhood size and boundaries, include zip code information Revised 1-5-2009 b. Provide overall number of residential properties (owner-occupied and rental) .c. Provide the number of sheriff's sales for the following calendar years: ii. 2006 iii. 2007 iv. 2008 d. Number of residential properties abandoned (as of an identified date) using HUD's definition. See the definitions document for HUD's definition of abandoned properties. If data on abandoned residential properties using HUD's definition is not obtainable, and yoo I►ave data on abandoned residential properties using an alternative definition, provide that data. a. In addition, provide vour definition of abandoned Droperties and explain how it differs from HUD's. e. Median family income for the targeted area based on census block data f. Percentage of owner-occupied housing units and rental housing units g. Median age of the housing stock h. Change in housing prices in the last five years (if available) i. Distance to existing or planned transit routes (bus routes or transit, commuter rail) j. Employment opportunities within the target area or within one mile 4. Provide an area map as a required attachment and provide transit locations. Specify the locations where activities will be undertaken on the map. 5. Describe rationale and data to support the geographies identified for the targeted neighborhoods, as compared with other areas within the eligible geography. What criteria were used to select the stabilization area based on need? 6. Describe existing and anticipated neighborhood improvement efforts not using state NSP funds that: a. Stabilize the residential structures, and • b. Provide housing opportunities for eligible households c. Prevent additional foreclosures d. Encourage commercial development Revised 1-5-2009 e. Improve safety Of. Improve schools g. Develop and improve parks and recreation Improve landscaphigsidewa&& and- medians i. Engage residents in neighborhood stabilization j. Other (please specify) k. Attach a copy of the local neighborhood stabilization plan, if available. 1. How will state NSP funds enhance or expand these activities? 7. If investment opportunities occur outside the defined neighborhood stabilization area, describe specific_evaluation criteria that would be used to evaluate such an opportunity. How will the NSP activities for which funds are requested promote economic diversity in the target area? Describe programmatic goals that have purposefully been incorporated to promote economic diversity. 9. Describe how the stabilization plan supports households with a range of incomes? a. Are you planning to provide rental opportunities within the stabilization area? ❑ Yes ❑ No If no, describe how you selected the NSP eligible activities you are requesting funds for and provide analysis on why rental units are infeasible under your NSP plan. 10. If homeownership units will be targeted to households earning 50% or less of AMI, describe the mechanism by which the long-term success of homeowners will be supported. Provide programmatic details, including information on program support costs and financial resources to support homeownership at this income level. a. Provide the organization and program name you will contract with for these services. ` SECTION 5a - FEASIBILITY AND DEGREE OF READINESS - HIGH NEED ZIP CODE POOL Complete entire Section 5a if reauestine funds from the Hieh-Need Zin Code Pool. Provide an estimated development schedule for each activity for which funds are requested. Financine Mechanism 10 within first 6 months. 10 within 12 months and 10 within 18 months. Purchase Rehab Loans 4 within first 6 months. 10 within 12 months and 10 within 18 months. Revised 1-5-2009 Demolition/ Land Bank 6 within first 12 months and 4 within 18 months. List expected outcomes for each activity for which funds are requested. Outcomes could include (as applicable per 46 requested activity): a. Final disposition of property(ies) or funds; Financine Mechanism - Homeownership @ 120% AMI Purchase Rehab Loan - Homownershio ®120% AMI. Demo/ Land Bank Homeownership @ 120% AMI. b. Number of property(ies) intended to be held, reused and reused for what purpose; 10 Droperties (lots) land banked for development of sinele family homes Q 120%A MI. c. Number of rental/ ownership units rehabilitated; d. Number of rental/ ownership units demolished; 10 e. Number of rental/ ownership units newly constructed; f. Number of units for homeownership/rental for sale/ rent at specific household income levels. 3. Complete the program Budget Worksheet. (Attachment B) 4. Describe committed and pending leverage for the overall stabilization effort by completing a Budget Worksheet for each pool of funds applying for. Submit copies of letters of commitment and/or support. Describe and if quantify ( possible) leverage for community development activities that are intended to improve overall neighborhood conditions in the stabilization area. Provide support letters as an attachment. The Citv has approved the use of a special TIF Housine Account Fund for Neiehborhood Stabilization activities. There will be $1,000,000 available citv wide for the ReNew Loan and Grant Program (see attachments for vr6eram details). It is anticipated that the Southeast Neiehborhood will receive a portion of these funds estimated to be $170,000. 6. Describe expected outcomes for each activity for which funds are requested in the chart below (from selection date). See definitions section of Minnesota Housing's Program Concept for the definition of "obligated." a. 6 Months 9 Months 12 Months $s obligated # of units obligated $s obligated # of units $s obligated # of units obligated obligated Financing - mechanisms $100.000.00 10 $100.000.00 10 X00.000.00 10 Purchase I ! I rehab $100,000.0 0 5 $200.000.0 0 I 10 I X200 000.00 10 Land bankinq I _ I . I I I Demolition ( $221.100.00 1 2 I $442.200.00 I 4 1 $442,200.00 1 4 I Redevelopment ► I _ _ I I I I I TOTAL I $421.100.00_1 17 I 742 200.00 I 24 1 $742 200.00 I 24 For units resulting in homeownership, describe the marketing plan that includes specific tools, techniques and sales methods to reach underserved homebuyers. Revised 1-5-2009 a. List specific financial products, services and assistance that may be used in conjunction with NSP requested activities to initiate home sales. To be administered by Hennepin Countv. .b. Describe the experience of the end developer with home sales or how what will be required if the end developer has not yet been determined. Information not vet available. a.. SECTION 5b -FEASIBILITY AND DEGREE OF READINESS -HIGH NEED COUNTY POOL Complete entire Section 5b if reauestine funds from the Hieh-Need Countv Pool. 1. Provide an estimated development schedule for each activity for which funds are requested. 2. List expected outcomes for each activity for which funds are requested. Outcomes could include (as applicable per requested activity): a. Final disposition of property(ies) or funds; b. Number of property(ies) intended to be held, reused and reused for what purpose; c. Number of rental/ ownership units rehabilitated; i d. Number of rental/ ownership units demolished; e. Number of rental/ ownership units newly constructed; f. Number of units for homeownership/rental for sale/rent at specific household income levels. 3. Complete the program Budget Worksheet. (Attachment B) 4. Describe committed and pending leverage for the overall stabilization effort by completing a Budget Worksheet for each pool of funds applying for. Submit copies of letters of commitment and/or support. 5. Describe and quantify (if possible) leverage for community development activities that are intended to improve overall neighborhood conditions in the stabilization area. Provide support letters as an attachment. 6. Describe expected outcomes for each activity for which funds are requested in the chart below (from selection date). See definitions section of Minnesota Housing's Program Concept for the definition of "obligated." a. 6 Months 9 Months 12 Months • $s obligated # of units $s obligated # of units obligated obligated $s obligated # of units obligated Revised 1-5-2009 Financing mechanisms _ Purchase I i rehab Land banking ~ I I Demolition i _ I _ I I I I - Redevelopment I TOTAL i 7. For units resulting in homeownership, describe the marketing plan that includes specific tools, techniques and sales methods to reach.underserved homebuyers, a. List specific financial products, services and assistance that may be used in conjunction with NSP requested activities to initiate home sales. b. Describe the experience of the end developer with home sales or how what will be required if the end developer has not yet been determined. SECTION 6 OPTIONAL = ADDITIONAL FUNDS REQUESTED (pending available funds) If NSP funds are not completely allocated from the High Need Zip Code and High Need County pools, applicants may request additional funding through this application. If funded for additional programmatic activity, please note that Minnesota Housing will require a revised program budget and corresponding data. 1. If additional funds are available this round, would you have capacity to utilize an additional incremental amount of • funds to enhance the stabilization plan? ❑ Yes ❑ No 2. If you had an incremental increase in funds, which activities would you apply those funds to in support of neighborhood stabilization? a. What amount would be needed on a per unit basis? b. What areas within your neighborhood stabilization plan would be targeted? Be specific and if applying for more than one pool of funds, clearly delineate where additional increments of funds would best be used, • Revised 1-5-2009 SECTION 7 -ATTACHMENTS • Required Attachment A. Activity Worksheets - B, Budget Worksheet(s) x._ . - C. Executed Certification Form Required Submittals A. Local Housing Standards B. Limited English Proficiency Plan C. Affirmative Fair Housing Marketing Plan D. Neighborhood Stabilization Area Map(s) and Plan(s) E. Leverage Commitment Letters F. Letters of Support Minnesota Housing may request additional information from the applicant during the review process. • APPLICATIONS DUE: WEDNESDAY, JANUARY 28, 2008 5:00 PM Submit electronically to: mhfa.app@state.mn.us Hard copy attachments may be submitted to: Attn: Ruth Simmons Minnesota Housing 400 Sibley Street Suite 300 St Paul, MN 55101 Revised 1-5-2009 • 0 TyUReFR C BT T`E N - QUa gVEN m 64T\ 6 TH AVE N > 64TH AVE N X ~63RDAV1 N Z ~ O 62NO q z 61 STAVE N z 60 H E w Q z 5;-429i5911H AYE N u; ¢O RD NC 5HAV 5 00~~ z g~ w Q J ACDRN w L 5oT nAN N RAI~RO g0 TRKS 1 55422 PARKW y 94 2~V z 19T AVE NZ = z c O W F-O 'o LLJ m z 1 mm z 63RD m z a) Z > - m z _0 ~ Z I Z z ~6 AVE O CO 0 VE Q.P 6j~ z f z AV z j z ' ' Q w 59TH AW: 6 w 1 z 4 ~ ~l AV m ® QQ-,®-! ~ w I ■ w Z z z w w w Q o® z w w~ z Y Q Q % Q Q CY $ z_Ux 5 HAV 610: -j U6 W i U a~ u' 0 z F~oI,/F N Legend ® Foreclosed ZIPCODE NAME_TXT 55429 55430 55412 g O J Z tv Qf kI (;P i n Area Ma CIsE NeigRorhbod Foreclosure ass of -15- b~l~zat o p l O F rn = _J A'V^ N > z January 2009 NSPGrantAnalysis 9l AVENZ / AD I y O i O TyV AVE (0 a L p m = BA~ER D PARKWAY ~RF AV, r Ni EN m m 00 667- z Z = RN /NFREtEWAY BLV) G) ~ 7 YN> • • b63RD AVE N ry Y94 44/ TH AVE N~ 61 STAVE N ~O L60 H E Lu L Z 5fA2S.5911H A /E IN w% (1O RD NO 10 5'7-HAVE E CON R1 55TH AVE 55 H AVE O~pO~O Z _4, 5 W Q Q w AC DR N w Z Z + co W Z U) W I w N FH AVA N -_49 RA/SRO Ap TRKS 1 55422 C Z 0 of co I ° ? Z -0 Z m ~mm~ Z Z m m Z 63RD ~ ~ 62 "DIVE 61ST VE 11 z ~ U Q Q p J~ w Z Z Z -C ; 7TI N- - Z. w W w 5 Z Z_Z 0 - = w w w w= 5 w > > a a a Q U Y' Q r Z - r 5 HAV - ~ O b O ¢ Q y W W U m 2 - 5: RDAVEN~ Legend ZIPCODE NAME_TXT 55429 55430 Vacant <all other values> Description Vacant Property 55412 O J City of Brooklyn Center Neighborhood Stabilization Area Map SE Neighborhood Vacants as of 1-15-09 NSPGrantAnalysis Work session Agenda-jtem N°' 3 • 0 COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Vickie Schleuning, Assistant City Manager DATE: January 26, 2009 SUBJECT: Update on Rental Neighborhood Improvement Strategy Recommendation: To review the progress of the Rental Neighborhood Improvement Strategy and gain feedback from the City Council regarding additional actions, priorities, and time frames. Background: This is an update to the progress of the Rental Neighborhood Improvement Strategy. A multi- department committee met for several months to address the changing characteristics of the residential neighborhood, including the increase in single family rental properties. A report was developed that outlined some initiatives to address the rental housing needs in the community. Positive outcomes have already been experienced as a result of this process including improved internal communications and coordination, and implementation of several recommendations. The City has a large amount of affordable housing, a diverse population with immigrants and long-time residents, along with an aging housing stock. During the Rental Neighborhood Improvement Strategy process, the City experienced litigation with an apartment complex and a surge in foreclosures and vacant properties in Brooklyn Center causing a shift in resources. Foreclosures and vacant properties became the most reported concern. However, based on information obtained, it appeared the two issues had a connection. The high number of foreclosures/vacant properties combined with deflated property values, created a high potential for these vacant properties to become investment/rental properties. Therefore, in order to maintain the housing stock and property values, a foreclosure strategy was being developed during the same time period. The vacant building ordinance and homebuyer housing initiatives could help curb a potential spike in single family rental property. In addition, preliminary review and discussion has been conducted with the Housing Commission, Minnesota Multi-Housing Commission, residents, as well as the Council. The preliminary information included substantial background materials and investigative work. Based on information provided by the committee members and feedback from numerous parties, the following actions were taken: • Better define and use existing City tools (codes, handouts, staff, etc.). Page 1 of 14 • Improve or enhance current processes and systems, paying particular attention to community statistics and performance. • Suggest and bring forward changes that have potential for a targeted and direct impact to problem areas. • Incorporate rental strategy initiatives into other council goals where feasible, looking at critical points to address rental housing. • Determine the performance and impact of these internal changes in consideration for the need for more changes, likely having a higher cost. Summary of Statistical Information and Comparisons The following information is based on the data found in Attachment I. Some current conditions and trends were identified since beginning the data comparison in 2007. o The number of active rental licenses for single family properties increased by 77 from November 2007 to January 2009. Single family rental properties comprise almost 5% of the single family homes. o More than 70 rental licenses were added in 2008 as part of the proactive system to identify illegal, unlicensed rental properties. o Rental properties are associated with foreclosures to a greater degree than owner- occupied homes. o The foreclosure crisis has lowered residential property values. This has increased the potential for conversion to rental properties from formerly owner-occupied single family properties. Open market sales averaged $160,000 versus lender-mediated or distressed sales averaged $103,000. o Single family and single family attached rental properties (1 to 4 units) demand higher service levels from the City. Although total Police public service requests went down in 2008, calls were approximately three times higher for rental properties compared to non- rental properties and exterior property code violations were almost double for rental properties (25%) versus owner-occupied (12%). o Some unique and extreme socioeconomic and housing market conditions exist throughout this time period and likely influence statistics. A long-term statistical history is not available for comparison purposes in most cases. Therefore, it is difficult to determine if the trends are short or long-term. Initiatives and Actions Implemented The following is a summary of some of the actions and improvements that have been successfully initiated in order to address the quantity and quality of rental housing: Systems and methods to track certain community data have been developed and established. It was critical in developing an effective rental housing strategy to have basic and accurate information available. It was necessary to determine if the perceptions of staff and the public were based on facts. For a summary of this information, please refer to Attachment I- Statistical Information & Comparisons, Rental Housing Improvement Strategy Page 2 of 14 2. Proactive identification, licensing and enforcement of illegal, unlicensed rental property were implemented and successful in getting illegal rental properties licensed. This process also resulted in the improvement of prosecution efforts, and involves a multi-departmental approach between licensing, assessing, code enforcement and City prosecution's office. An additional 70 properties were licensed in 2008 due to these efforts. Please refer to Attachment I. 3. Additional tools were put into place to address chronic or repeat rental property violators. • A legal process with cost recovery means was implemented for City facilitated abatements of public nuisances. • The reinspection fees were adjusted to more adequately address rental properties that do not correct property code violations in a reasonable time period. Approximately 20% of properties required more than I reinspection to achieve compliance, consuming extra resources for inspections and enforcement. The City Council approved the fee increase in December 2008. • Systems and processes were put into place to track enforcement activities for rental properties, decrease enforcement time and promote better prosecution results. This included streamlining the license application and renewal process to 90 days. • Staff provided research and information to the Charter Commission and City Council regarding administrative enforcement systems. The administrative enforcement system was passed by ballot in the November General Election. Developing the ordinances and systems is anticipated to occur in 2009. 4. Elements of the foreclosure strategy were integrated with the rental housing strategy in order to promote homeownership for the vacant properties susceptible to conversion to rental properties. In addition, a comprehensive vacant building ordinance was adopted to address quality of housing and encourage responsible ownership. 5. A rental property conversion fee of $500 was adopted to address the City resources required to ensure safe, healthful and attractive rental housing for the increasing number of rental properties. 6. A law change required 41) rental housing with more than 25% above the average rate to participate in the Crime Free Multi-Housing Program. Six apartment complexes are designated 41) rental properties. 7. eCitizen was implemented to help connect residents with City services and information. eCitizen allows residents to quickly access more than 300 FAQs, make requests for certain City services and allows residents to make suggestions to the City. . 8. Four neighborhood meetings were held throughout the City in 2008, providing residents with information about police programs and City services. Additional meetings are planned in 2009. 9. The Minnesota MultiHousing Association "Accidental Landlord" class was promoted, which provided an opportunity for landlords to gain knowledge and tools to successfully manage their rental properties. Page 3 of 14 10. City staff attended cultural diversity training offered through a grant obtained by the Recreation Department. 11. Code enforcement efforts were organized, enhanced and coordinated with City departments as appropriate in 2008. Codes were reviewed and some revised, while processes were analyzed and streamlined. Education efforts were also boosted. 12. The process for establishing identifiable neighborhoods City-wide is underway. 13. Two all-City staff meetings were facilitated by the City Manager. Conflict and interpersonal communications training was provided at these meetings. Budget Issues: The budget considerations vary depending on the specific objectives and actions recommended in the Rental Housing Improvement Strategy Report. Several initiatives were implemented in 2008 that generally received positive feedback from the City Council, Housing Commission and Minnesota Multi-Housing Association among others; could have a positive impact on the rental community or community at large; or required insignificant resources. Other objectives in the Rental Neighborhood Improvement Strategy may need more in-depth discussions and review, financial resources, and prioritization. Page 4 of 14 DRAFT City of Brooklyn Center Rental Neighborhood Improvement Strategy January 26, 2009 Summary of Goals, Strategies and Recommendations Vision: All Brooklyn Center citizens will enjoy a healthy, safe and beautiful living environment. Rental Neighborhood Mission Statement: To foster a cohesive and respectful community for all by insuring that single family and multi-family rental communities are clean, safe, and attractive; valued and appreciated by owners, rental property residents and neighbors. The Rental Neighborhood Improvement Strategy report is a result of the efforts of several employees, representing each city department. A comprehensive approach was taken to tackle a high priority issue of the city. Action Plan teams conducted in-depth research and analysis in order to develop recommendations. Significant progress has been made to address issues associated with rental properties. Strategies are ranked 1-14. Strategies with the lowest ranking were not reviewed at this time. Recommendations with generally positive feedback during preliminary discussions, positive impact, and/or minor financial and resource burdens were initiated or underway. The status is included in the Goals Summary. Recommendations with a status of "currently not feasible" may be due to limited resources, logistics, legal barriers, etc. Goal #1 Public Policy, Legislative We will influence local and state regulations and policy to promote quality rental housing. 1.1 Improve foreclosure and lending practices by working with State, City, County, and other agencies. (Ranking 9) 1.2 Improve approval and denial process for participants in subsidized housing programs to promote responsible owners and occupants. (Ranking 11) 1.3 Seek law change regarding location restrictions for group homes. (Ranking 12) Note: Goal #1 was not evaluated at this time due to low rankings of all strategies Status Currently Not Feasible Modify In Process Completed Page 5 of 14 Goal #2- Communication, Education, Engagement Status Effective communication and citizen engagement efforts will Currently Not Feasible assure that all cultures and generations of rental property owners, Modify In Process occupants, and neighbors embrace community standards, values Completea and pride. 2.1 Modify existing outreach and engagement programs to encourage greater citizen participation in enhancing rental properties and neighborhoods. (Ranking #3 ) Recommendations Process 1) Establish comprehensive, multi-department city wide neighborhood identification, similar to Minneapolis program Process 2) Hold two city wide workshops per year specific to rental needs to include licensing issues, inspections, crime, and other 3) livability issues. Provide incentives for attendance of landlord/manager at Not currently feasible 4) trainings. Educate City workers on cultural competency issues as it Completed relates to engaging with diverse populations. Process 5) Divide city into manageable neighborhood areas. Completed four 4) Conduct five neighborhood area meetings per year. Neighborhoods will be ranked according to calls for service, rental issues, code issues, foreclosure issues and neighbor 5) concerns. New Americans Academy-organize and facilitate in Not currently feasible collaboration with property managers this model at larger apartment complexes in the City. Not currently feasible 6) Modify and improve Association of Rental Managers (ARM) 7) meetings. Develop a landlord training program. Not currently feasible 8) Develop plan for coordinating department roles in code Completed 8) enforcement. Create code enforcement communications for landlords and Completed, Others tenants. (Similar to tenant and landlord checklist.) Process 2.2 Review, enhance and develop methods for communicating community standards and values to landlords, renters and neighbors. (Ranking 7) Recommendations 1) Existing communication and engagement methods were Not currently feasible reviewed. Some programs could be expanded or improved to meet the needs of the rental community. Some specific programs include the Association of Rental Managers (ARM) 2) Develop a rental license handbook, tenant handout, and other Process community materials (Was also comment in Standards Goal) Page 6 of 14 2.3 Develop and implement an effective citizen reporting and work order system which serves both internal and external purposes. (Ranking 8) Recommendations 1) Implement GovQA online interactive communication tool. Completed 2.4 Develop, expand and implement city-wide multicultural outreach effort, including rental housing issues. (Ranking 10) Recommendations 1) Current Joint Community Police Partnership focuses on Process multicultural issues, expand translation capacity Goal #3- Image, Public Perception Status Brooklyn Center will be recognized for its' diverse high quality Currently Not Feasible rental housing in an attractive, maintained, and well-managed city. Modify in Process Completed 3.1 Maintain and improve public property and infrastructure in a safe, clean and appealing condition. (Ranking 1) Recommendations 1) Identify public property areas and owners to determine Not currently feasible maintenance and aesthetics levels, and make improvements. Potential $10,000 annual cost for city intervention. 2) Improve maintenance and physical characteristics of city hall, Some progress, Some entrance, and surrounding areas. Potential $50,000 up front Not currently cost. feasible 3) Identify areas city-wide with highest and lowest livability Process further quotient to focus resources. Areas need to be small enough geographically and formalized and scientific in order to address perception issues. Five areas were identified. 4) Establish multi-department design team to incorporate Complete environmental design initiatives into development and redevelopment projects. 3.2 Encourage positive and constructive media coverage of Brooklyn Center and its housing market. (Ranking 2) Recommendations 1) Develop system and process to routinely collect and share Not currently feasible positive news and communications through employees, citizen groups and community stakeholders. 2) Provide media and communication training for management as Not currently feasible appropriate. 3) Provide general communication training for positive and Process, Continual effective communications for employees throughout the organization. Designate staff person to administer. Page 7 of 14 4) Establish means of communicating internal messages Completed meetings, throughout the organization from the City Manager's Office Ongoing such as all annual or semi annual meetings and/or info in employee newsletter. 5) Promote positive publicity for high performing landlords and Not currently feasible rental properties. I.e. Recognition, articles, etc. 3.3 Revitalize substandard rental properties through redevelopment and home improvement efforts. (Ranking 13) Note: Strategy not evaluated at this time due to low ranking. 3.4 Promote a variety of housing to encourage mixed housing types and prevent concentration of rental properties in a neighborhood. (Ranking 14) Note: Strategy not evaluated at this time due to low ranking. Goal #4- Standards, Operations status City operations, policies and regulations will support and Currently Not Feasible encourage well-cared for rental properties, while promoting Modify In Process accountability and positive act ons by owners and occupants. j Completed 4.1 The City will review, revise and implement an effective and efficient rental property regulatory program. (Ranking 4) Recommendations 1) Develop a new definition of rental property to ensure it Modify addresses current issues- relatives, cd, etc.. 2) Rewrite/revise Chapter 12- 911, 913. Process 3) Change biennial license to annual. Not currently feasible 4) Require inspection of rental property upon new application and Completed renewal, 4 units or less all units, 5 units or more 25% 5) Discontinue Section 8 inspections- financial cost to implement. Review 6) Provide tracking system for rental complaints. Process 7) Develop policy to require rental license application and renewal Not currently feasible process to not exceed 90 days. 8) Incorporate all applicable property codes and city codes into. Not currently feasible the rental inspection license process. 9) Design an inspection form to be completed during rental Not currently feasible inspection with information about property, occupants, with owner/manager. 10) Review licensing fee incentive programs. Process 11) Revise license application form to match ordinance for Completed owner/agent notification if change in 5 days. 12-908 Page 8 of 14 12) Collect additional information on license application- number of occupants and occupant type (group home, foster, etc.) 13) Obtain email addresses and reference eCitizen on license application. 14) Require a 2 hour training session for all owner/agents- Separate 4 units or less and 5 or more. 15) Add statement to the application stating the owner understands s/he is responsible for property. 16) Provide two additional inspections staff for property inspections. 17) Provide an integrated database/system to view all property information. I.e. police issues, property codes, rental license issues, utility issues, etc. 4.2 The City of Brooklyn Center will develop comprehensive standards for property maintenance. (Ranking 5) Recommendations Not currently feasible Process Not currently feasible Completed Not currently feasible Not currently feasible 1) Develop a rental property standards checklist for owner. Process 2) Develop a rental standards checklist for tenants. Process 3) Adopt a uniform property maintenance ordinance such as Not currently feasible Int'I Property Maintenance Code (IPMC). 4.3 The City of Brooklyn Center will enhance enforcement efforts for comprehensive property maintenance standards. (Ranking 6) Recommendations 1) Implement administrative fines. 2) Implement rental hearing board to consider rental housing cases. 3) Remove provisional license status. 4) Add firearm component to Chapter 12-911 to cover all dangerous weapons. 5) Request a list of all Section 8 properties in Brooklyn Center. 6) Double late license renewals fees after 30 days time period. 7) Propose refunds or rebates as incentives for re-application and training courses for renewals of "successful" rental properties. Process Modify Modify Process Complete Not currently feasible Not currently feasible Page 9 of 14 ATTACHMENT I- Statistical Information and Comparisons Rental Housing Improvement Strategy Statistical Information and Comparisons Updated: January 26, 2009 The following data has been gathered in order to provide baseline information for current and future rental property initiatives, and in order to identify community trends and patterns. Because of the multitude of factors associated with gathering the data (data definitions, input, system limitations, data extraction, market fluctuations and community unknowns), variations may exist. Therefore, this information is considered reliable on a macro level, but not guaranteed for accuracy for point specific use. The intent of the data is to help guide the strategic planning process and evaluation of internal systems. 1. General Housing Data: Housing Units' by Type E Type of Housing Number of Type of Housing Active Rental Active Rental Units Licenses' Licenses' As of 11/01/07 As of 01/15/09 -Single Family - 7,300 Single ~ Family 276 353 Double 67 Doubles 46 44 Bungalows/Triplex Apartments <5 units 79 Multifamily 3-4 units 23 licenses 20 licenses 90 units 79 units Apartments 5+ 3,375 Multifamily 5 + 52 licenses 52 licenses 3,230 units 3,230 units 231 buildings 231 buildings Town`homes 682 Condominiums 157 TOTAL Housing Units 11,660 Total Active Licenses' 397 469 Pending Licenses' 62 46 Total Licenses 459 515 including Pending *Information provided by Assessing & Licensing, numbers may be rounded. 'Active rental license does not indicate total licenses issued. Inactive (vacant, conversion to owner-occupancy, etc.) has been removed. 2 Pending licenses are applications waiting for property code corrections, pending other code corrections (utility payments, taxes, info, other), or under enforcement Page 10 of 14 11. New & Renewal Licensing Process Information Unlicensed Rental Property Process Action Type Data from _ - _ Q5/1S/07 to 12/90/0 Notifications for Suspect Rentals 181 (Non-homestead, different utility address, etc.) Rental Responses 152(84%) (To inform status of property) Rental License Not Required 118(65%) (Based on Information from Property Owner) Rental Licenses Applied For 34(19%) Enforcement Actions Taken 16(9%) (Formal Complaint- Renting w/o license) Pending (In 21 day license notification period) 13(7%) 111. Foreclosure Data _ Foreclosures & Vacant Properties Year Sheriff's Sales 2008 417 ~ 385 2007 254 112 2006 135 NA 2005 61 NA Data from 7 01/01/08 to 11/Q1/Q8 259 244(94%) 174(67%) 170(27%) 26(10%) Fines $6,775 7(3%) Vacancies Note: Data based on recorded Hennepin County Sheriff Sales and properties identified as vacant anytime within that year including those re-occupied. t Foreclosure Association with, Rental Properties ~ 01/01/07 to 12/31/07 01)01/08 to 11J T 24/08 Housing Type Number of Number of Average Number Number Average Properties Properties Percentage of of Percentage with of Properties Properties of Sheriff's properties with properties ~ Sales foreclosed J Sheriff's l S foreclosed _ - - a es - City Wide 1-2 Family, 4 plex Rental 7,446 252 3.4% 345 43 12.5% 7,446 354 4.75% 381 67 *19 new rentals in 2008,5 applied after sheriff's sale Note: Data indicates foreclosures associated with rental license prior to or after sheriff's sale 17.6% Page 11 of 14 IV. Public Service Request Data Total Police Public Service Requests Single Family (1-4 units) ` 2007 2008 Housing Number Total Total Only Nuisance Total Total Only Nuisance Type of Units Calls Calls per Nuisance Calls per Calls Calls Nuisance Calls per Unit Unit Calls Per Unit Calls Unit Non- 7627 8276 1.09 _ 376 0.05 7985 1.05 396 0.05 Rental Rental 416 1205 2.90 55 0.13 1200 2.88 65 0.16 Non- Section 8 Rental 108 491 4.55 41 0.38 420 3.89 18 0.17 Section 8 Note: Nuisance calls include Disturbance, Fight, Music, Narcotics, Party o r Weapon call types. Total Calls Police/Medical/Fire Service Multi-family Dwellings (Five or More Units) Year Total Calls Number of Units Calls Per Unit Calls Per Unit Range Average; 2007 5,279 3,265 0.0 - 4.5 1.62 2008 5,465 3,265 0.0-4.29 1.67 Note: Dwellings with a small number of units may experience a significant increase in calls per unit with one call. This data is meant as broad overview of city service demands. Page 12 of 14 2008 Total Police Calls Number of Calls i Number Number of of Calls Properties 0 to 2 3 to 5 6 to 10 ; 11 plus Non-Rental 6691 694 181 119 Properties 7628 (88%) (9%) (2.4%) (1.5%) Rental- Non- 200 57 36 Section 8 322 (62%) (17.7%) (11.2%) 29(9%) 50 24 16 9 Section 8 99 (50.5% (24.2%) (16.2%) (9%) Note: Some properties may not be included into the rental categories due to PID issues. 2008 Police Nuisance Calls Number of Calls Number of Properties 0 1 1 2 3 4 5 10 7323 245 43 11 3 2 1 Non-Rental 7628 (96%) (3.2%) (0.6%) (0.1%) (0.04%) (0.03%) (0.01%) Rental- 282 26 6 6 1 1 Non Section 8 322 (88%) (8%) (1.9%) (1.9%) (0.3%) (0.3%) 86 9 3 1 Section 8 99 (87%) (9%) (3%) (1%) Note: Nuisance calls include Disturbance, Fight, Music, Narcotics, Party or Weapon call types. Note: Some properties may not be included into the rental categories due to PID issues. Page 13 of 14 Exterior Property Code Service 01/01/07 to 10/01/07 01/01/08 to 11/24/08 Housing Type Number of 1 Number of Average Number Number of Average Properties Properties Percentage of Properties Percentage w/Violations of Properties w/Violations of properties properties w/violations w/violations J Cases (without grass) City Wide 7,367 912 0.124 or 7,367 911 0.124 or (Single family 12.4% 12.4% to 4-plex) Non-Rental 7,022 847 0.121 or 6,986 821 0.118 or (Single family 12.1% 11.8% to 4-plex) Rental 345 65 0.188 or 381 90 0.236 or ( Single family 18.8% 23.6% to 4-plex) *Vacant 112 83 0.741 or *234 228 0.974 or Properties 74.1% (281 cases *97.4% including repeats) Tall grass/weeds City Wide 7,736 366 0.047 or 7,736 621 0.080 or 4.7% 8% Non-Rental 7,101 263 0.035 or 7,065 375 0.053 or Properties 3.5% 5.3% (Single family to 4-plex) Rental 345 55 0.159 or 381 50 0.131 or properties 15.9% 13.1% *Vacant 89 48 0.539 or 234 183 *0.782 or (Could be included 53.9% 78.2% in rental or non- rental) *Some overlap may exist with vacant properties due to fluctuating housing market and data capabilities Page 14 of 14 Conceptual Changes to Chapter 12 Rental Neighborhood Improvement Strategy City Council Worksession January 26, 2009 Rental Housing Problems Higher Crime/Nuisance Activity, Section 8 properties Irresponsible landlords Repeat/multiple offenders Poor exterior maintenance Poorly trained landlords Objective: To provide an ordinance that compels similar living conditions for single family rental properties as non-rental single family properties Three Areas of Concern 1. Nuisance calls for service- total and repeat 2. Property maintenance 3. Best Management Practices -Crime Free Lease -Credit Check -Tenant Screening Tiers/Categories of Property Management Tier 1 Excellent Minimal regulation with positive reinforcement Tier 2 Good Regulated with incentives for improvement Tier 2 Fair More Regulation with greater incentives for improvement Tier 3 Unacceptable No License Incentives Problematic Properties Fee Increases Reinspection fees, service charges, abatements/city facilitated corrections Criminal and/or civil prosecution Increased inspection frequency Required Training Recognition/shame Require corrective action plans Require Lease provisions License suspension/revocation- no license in city Evict tenants Crime Free Housing Program Financial Incentives Required Security Patrols increased frequency Police visits- cso Good Properties Fee reductions Fewer inspections/frequency licensing Training Opportunities Frequency of Increase Fees Grant Programs Problem Solving Services