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2016 11-28 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION November 28, 2016 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 a. Consider Date for Council & Leadership Team Retreat 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn ]JJIJ I VU iW& *bLi O)I I I M U'A I IL'4 (I) UI 1U1 DATE: November 23, 2016 TO: City Council FROM: Curt Boganey, City Manag SUBJECT: 2017 Retreat Dates Recommendation: It is recommended that the City Council provide direction regarding scheduling a Council-Staff Retreat and establishing a potential date. Background: The last Council-Staff retreat was held in February of 2015. Nearly two years have passed and we will be adding Councilmember Butler to the City Council. The Mayor and I discussed the value of holding a retreat at the first of the year. I have contacted Craig Rapp regarding his interest and availability to facilitate a retreat. He has provided the following dates for the Council to consider. January 13-14 1h January 27 evening and 28th February 24 evening and 25 1h February 3rd and 4th February 10th and 11th February 17th and 18th Budget Issues: Funds have budgeted for this Council activity. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift, for all people and preserves the public trust CITY COUNCIL MEETING City of Brooklyn Center November 28, 2016 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.November 14, 2016 -Special Session 2.November 14, 2016 -Study/Work Session 3.November 14, 2016 - Regular Session 4.November 14, 2016 - Work Session b. Licenses C. Application and Permit for Temporary On-Sale Liquor License Submitted by St. Aiphonsus Catholic Church, 7025 Halifax Avenue North, for a Social Event to be Held January 14, 2017 d.Resolution Accepting Bid and Awarding a Contract, Brooklyn Center Council Chambers Audio Visual Project e.Resolution Accepting Bid and Awarding a Contract, Brooklyn Center Council Chambers Remodel Project f. Resolution Authorizing the Community Activities, Recreation and Services • Department to Apply for Grant Funding Through the Hennepin Youth Sports Program CITY COUNCIL AGENDA -2- November 28, 2016 7.Presentations/Pro clamations/Recognitions/Donations —None. 8.Public Hearings a.An Ordinance Amending Chapter 23 of the City Code of Ordinances Adding Sections 23-2400 through 23-2414 Requiring Licenses for Transient Accommodations —This item was first read on October 24, 2016; published in the official newspaper on November 3, 2016; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt Ordinance. b.Improvement Project Nos. 2017-01, 02, 03, 04, and 05, Evergreen Park Area Street, Storm Drainage, Utility, and Trail Improvements —On October 24, 2016, the City Council called for a Public Hearing on this item; it was published in the official newspaper on November 3 and 10, 2016, and is offered this evening for Public Hearing. 1.Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Storm Drainage, Utility and Trail Improvements Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 2.Resolution Certifying Special Assessments for Improvement Project Nos. 2017-01 and 2017-02, Evergreen Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls —This item published in the official newspaper on November 3 and 10, 2016; and is offered this evening for Public Hearing. Requested Council Action: —Motion to open Public Hearing. —Take public input. —Motion to close Public Hearing. —Motion to adopt resolution. 9. Planning Commission Items —None. CITY COUNCIL AGENDA -3- November 28, 2016 10.Council Consideration Items a. Hearing for Bob and Nita Morlock Regarding Property Located at 5618 Hillsview Road Requested Council Action: —Receive staff report. —Motion to open hearing. —Receive testimony from applicant. —Motion to close hearing. —Motion to direct Staff to prepare a resolution for the next City Council meeting with findings of fact to revoke, suspend, decline to renew, or take no licensing action on the property. 11.Council Report 12. Adjournment EDA MEETING City of Brooklyn Center November 28, 2016 AGENDA 1.Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2.Roll Call 3.Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. November 14, 2016— Regular Session 4.Commission Consideration Items a. Resolution Authorizing the Prepayment of the Amended and Restated Tax Increment Revenue Note (Shingle Creek Crossing Project) and a Portion of the EDA's Internal Loan from the TIF District No. 2 Account Requested Commission Action: —Motion to adopt resolution. 5. Adjournment • AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 28, 2016 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.Branding and Identity Campaign - Focus Group Participants 2.Review of an Alternate Development Concept and Vision Proposed by CCG Holdings for a Market Rate Apartment Development within the Southern Portion of the Opportunity Site 3. CDBG Funding Process PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Solar Energy Options 2.Body Camera Implementation and Policy 3.Police — Use of Force Policy — December 12, 2016 4.Liquor License Regulations 5. Paperless Council Process City Council Agenda Item No, Ga MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION NOVEMBER 14, 2016 CITY HALL 1.CALL TO ORDER The Brooklyn Center City Council met in Special Session as an election canvass board called to order by Mayor Tim Willson at 5:45 p.m. 2.ROLL CALL Mayor Tim Willson and Councilmembers, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, and City Clerk Sharon Knutson. 3.CANVASS OF ELECTION RETURNS 3a. RESOLUTION NO. 2016-185 REGARDING CANVASS OF NOVEMBER 8, 2016, MUNICIPAL GENERAL ELECTION The Brooklyn Center City Council proceeded to canvass the City election returns from all City precincts, reporting ballots cast in the City of Brooklyn Center contests as follows: Office of Council Member Ballot Count Marquita Butler 4,382 Kris Lawrence-Anderson 3,897 Phillip E. Gray 3,717 Alexander Koenig 3,711 Councilinember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016- 185 Regarding Canvass of November 8, 2016, Municipal General Election. Motion passed unanimously. 4.ADJOURNMENT Councilmember Ryan moved and Councilmember April Graves seconded adjournment of the Special Session at 6:00 p.m. Motion passed unanimously. 11/14/16 -1- 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 STUDY SESSION NOVEMBER 14,2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:01 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Recreation Services Supervisor Kelly Mertes, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None. MISCELLANEOUS None. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROPOSED PLAYGROUND REPLACEMENT - CENTENNIAL PARK - JIM GLASOE Recreation Services Supervisor Kelly Mertes provided a presentation with background and status on this item. She stated the initial discussion started in 2014 on this playground when Luther Auto reached out to the City regarding sponsoring the new playground. She stated Luther Auto thought this was a good way to replace their long supported "Drive to Serve" with a new corporate initiative by contributing financially as well as providing an opportunity for their staff to volunteer and give back to the community. Ms. Mertes stated the new playground will feature many great things. She stated it will comply with the current ADA standards, accommodate 100 kids, and it allows children to climb from one end of the play structure to the other. She said they plan to have work completed prior to the start of the 2017 summer programs. 11/14/16 -1- DRAFT Mayor Willson asked if they have a plaque or something similar present at the site recognizing Luther Auto's great contributions. Ms. Mertes replied yes and noted they have already asked the playground company to incorporate that into the structure. Councilmember Lawrence-Anderson stated it is a great project and asked if there would be adequate seating with only two park benches. Ms. Mertes stated they found that most parents prefer seating at the picnic tables surrounding the playground in the shaded areas so that was the thought behind only having the two benches. It was the majority consensus of the City Council to support this project and directed staff to move it forward in the process. THREE RIVERS PARK DISTRICT - CITY MANAGER Three Rivers Park District Commissioner Dan Freeman provided some background on this item. He introduced Boe Carlson, Superintendent of Three Rivers Park District, to come forward and provided a presentation. Mr. Carlson provided a presentation and background on this item. He noted the improvement projects Three Rivers Park District has completed, programs they offer to the cities, and future projects they hope to undertake. Councilmember Ryan stated he met with Mr. Freeman a few years back and talked briefly about the trail link at 57th Avenue and the importance of connecting those trail lines, so he is glad to see that is something they have been working on. He stated he would like to see the funds being used differently than in the past going forward so he feels comfortable continuing to support their relationship with the City. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:46 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Graves moved and Councilmember Ryan seconded to reconvene the Study Session at 6:48 p.m. Motion passed unanimously. THREE RIVERS PARK DISTRICT - CITY MANAGER - Continued 11/14/16 -2- DRAFT Councilmember Graves asked if they have any relationship with the Watershed. Mr. Carlson stated they do a lot of partnerships and work with different watersheds. Councilmember Graves also asked if they plan to have a bike program like Nice Ride in Minneapolis. Mr. Carlson stated Nice Ride is only within St. Paul and Minneapolis currently, and although they continue to show interest they haven't come out of those cities yet. Mr. Carlson stated they are looking at having a paddle share program along the trail systems where you could rent a kayak or boat with a credit card at a kiosk and take that on the river and then meet up with a Nice Ride station and rent a bike. He stated it would complement both the trail systems and allow people to adventure through the cities in a new way. Mayor Willson stated he was able to speak with Representative Debra Hilstrom. He shared about this item and she seemed pleased with the information. He stated Three Rivers Parks District should still provide her with the data requested to review as he didn't have it present to share with her when they spoke. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:58 p.m. 11/14/16 -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 NOVEMBER 14, 2016 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa- Daniels, 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 Lawrence-Anderson moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Graves read two quotes from the Dalai Lama as the Invocation. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4.ROLL CALL 11/14/16 -1- DRAFT Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kuj awa- Daniels, TimeSaver Off Site Secretarial, Inc. 5.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6.APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6f, Resolution Authorizing an Interfund Loan from the Capital Improvement Fund to the NW Cable Communications Grant, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 17, 2016 - Joint Work Session with Financial Commission 2.October 24, 2016— Study/Work Session 3. October 24, 2016 - Regular Session 6b. LICENSES GASOLINE SERVICE STATION Awad, Antoine 6501 Humboldt Avenue North dba: Awad Company Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Metropolitan Council 6845 Shingle Creek Parkway MECHANICAL MN All Season Comfort, LLC United Heating & A/C, Inc. DNA Heating & Cooling Schwantes Heating and Air Aairgate Heating & AC The Heating Guy, LLC Ail tech Thermex, LLC Comfort Solutions Heating & Cooling Ductworks Heating & Air Conditioning, LLC Heating & Cooling Solutions, Inc. 7365 147th Lane NW Ramsey, MN 55303 1295 Hackamore Road Medina, MN 55340 950 Bayview Drive Excelsior, MN 55331 6080 Oren Avenue Stillwater, MN 55082 P0 Box 1649 Maple Grove, MN 55311 7426 72nd Lane #315 Brooklyn Park, MN 55428 4918 West 35th St Minneapolis, MN 55416 11 1st Street NW Osseo, MN 55369 6108 Olson Memorial Hwy Golden Valley, MN 55422 1802 226th Lane NE East Bethel, MN 55005 11/14/16 -2- DRAFT 2 Cool 2 Heat, LLC 852 86th Lane NW Coon Rapids, MN 55433 RENTAL INITIAL (TYPE III - one-year license) 6919 France Avenue North Benjamin Hennantin 5302 Humboldt Avenue North Marc Silverstein INITIAL (TYPE II— two-year license) 5500 Knox Avenue North Marc Silverstein 4419 Winchester Lane Sara Corbin RENEWAL (TYPE III— one-year license) 6701 Bryant Avenue North Invitation Homes (Missing 2 ARM meetings) 5228 Ewing Avenue North Invitation Homes (Missing 2 ARM meetings and cpted follow-up) 5121 France Avenue North Invitation Homes (Missing 2 ARM meetings and cpted follow-up) 5836 James Avenue North Mai yang 5813 June Avenue North Lena Lim 5929 Lyndale Avenue North Jean Darnell 4501 Winchester Lane Sandeep Dani RENEWAL (TYPE II— two-year license) Twin Lake North Apts. 4500 58th Avenue North TLN LA NEL 4819 Azelia Avenue North 3513 47th Avenue North 1007 65th Avenue North 5901 Aldrich Avenue North 5501 Brooklyn Boulevard 6757 Humboldt Avenue North 5701 James Avenue North 4207 Lakeside Avenue 9221 5332 Lilac Drive North Penelope Brown Richard Grommes John and Pam Deering RHA 3,LLC Mains'! Properties Saleem Raza Roxann Robertson Susan Dau Mark Lundberg RENEWAL (TYPE I— three-year license) 6125 Dupont Avenue North Prosperous Property LLC 6343 Dupont Avenue North Daniel Allen Yesnes 4201 Lakeside Avenue #117 Becca Jones SIGNHANGER Premium Signs, LLC PO Box 74 Navane, MN 55392 Grell Graphix 273 Mainzer Street, West St. Paul, MN 55118 Twin Cities Sign Installations 14333 Ural Street NE Ham Lake, MN 55304 11/14/16 -3- DRAFT TOBACCO RELATED PRODUCT Awad, Antoine dba: Awad Company Diamond Lake 1994 LLC dba: Cub Foods Family Dollar Inc. #25110 Walgreen Company Wal-Mart Stores, Inc. 6501 Humboldt Avenue North 3245 Co Road No. 10 2105 57th Avenue North 6390 Brooklyn Boulevard 1200 Shingle Creek Crossings 6c.AN ORDINANCE AMENDING CHAPTER 4 - PUBLIC UTILITY AND SERVICES DISTRICTS —Approve first reading and set second reading and Public Hearing for December 12, 2016. 6d.SETTING A PUBLIC HEARING ON PROPOSED UTILITY RATES FOR 2017 6e. RESOLUTION NO. 2016-186 DECLARING A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF NUISANCE AND HARZARDOUS CONDITIONS AT 3606 URBAN AVENUE 61. RESOLUTION AUTHORIZING AN INTERFUND LOAN FROM THE CAPITAL IMPROVEMENT FUND TO THE NW CABLE COMMUNICATIONS GRANT —This item was removed upon adoption of the agenda and consent agenda. 6g.RESOLUTION NO. 2016-187 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES) STREET IMPROVEMENTS 6h.RESOLUTION NO. 2016-188 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT 6i.RESOLUTION NO. 2016-189 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT 6j.REQUEST BY GATLIN DEVELOPMENT TO WITHDRAW PLANNING COMMISSION APPLICATION NO. 2016-009 - THE PUD AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS7. None. 11/14/16 -4- DRAFT 8.PUBLIC HEARINGS None. 9.PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 1 0a9. lOal. 1307 65TH AVENUE NORTH 10a2. 6519 BEARD AVENUE 'NORTH 100. 5243 EWING AVENUE NORTH 10a4. 5510 FRANCE AVENUE NORTH 10a5. 5448 GIRARD AVENUE NORTH 10a6. 6812 SCOTT AVENUE NORTH 10a7. RESOLUTION NO. 2016-191 APPROVING A TYPE IV RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH 10a8. RESOLUTION NO. 2016-192 APPROVING A TYPE IV RENTAL LICENSE FOR 5333 DUPONT AVENUE NORTH 100. RESOLUTION NO. 2016-193 APPROVING A TYPE IV RENTAL LICENSE FOR 700-890 66TH AVENUE NORTH, GEORGETOWN PARK TOWNHOUSES Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 1307 65 th Avenue North; 6519 Beard Avenue North; 5243 Ewing Avenue North; 5510 France Avenue North; 5448 Girard Avenue North; 6812 Scott Avenue North; adopt RESOLUTION NO. 2016-191 Approving a Type IV Rental License for 5301 Dupont Avenue North; adopt RESOLUTION NO. 2016-192 Approving a Type IV Rental License for 5333 Dupont Avenue North; and adopt RESOLUTION NO. 2016-193 Approving a Type IV Rental License for 700- 890 66 th Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 11/14/16 -5- DRAFT lOb. RESOLUTION NO. 2016-194 AWARDING THE SALE OF $2,075,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016B AND $1,725,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2016C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Mr. Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution. Doug Green, Vice President of Springsted, provided a presentation on the General Obligation Tax Increment Refunding Bonds, Series 2016B for Brooklyn Center, Minnesota. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2016-194 Awarding the sale of $2,075,000 General Obligation Tax Increment Refunding Bonds, Series 2016B and $1,725,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2016C; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: a November 16, 2016: Attending Crime Prevention Board Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • October 26, 2016: Attended Odyssey Board Meeting • October 27, 2016: Attended Brooklyn Center Business Association Luncheon • November 1, 2016: Attended Rotary Dinner • November 5, 2016: Attended Odyssey Academy Health Fair Pancake Breakfast • November 5, 2016: Attended Brooklyn Center High School Police Community Event Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • November 5, 2016: Attended Police Community Dialogue Meeting • November 11, 2016: Attended Downtown Youth Outreach Group Protest • November 21, 2016: Attending Youth Outreach Group Event Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 3, 2016: Attended Brooklyn Center Lions Club Veteran's Day Honoring Meeting • November 5, 2016: Attended Police Community Dialogue Meeting 11/14/16 -6- DRAFT o November 6, 2016: Attended Brooklyn Center Lions Club Pancake Breakfast Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • October 27, 2016: Attended Brooklyn Center Business Association Luncheon • November 1, 2016: Attended Cable 12 Meeting • November 1, 2016: Attended Lunch Meeting with Director of Brooklyn Bridge Alliance for Youth • November 1, 2016: Attended Rotary Dinner • November 3, 2016: Attended Meeting with YMCA Director and Mr. Boganey • November 3, 2016: Attended MAC Meeting • November 6, 2016: Attended Lions Club Waffle Breakfast • November 8, 2106: Attended Rotary Lunch • November 9, 2106: Attended BAMA Lunch • November 9, 2016: Attended Three Rivers Park District Meeting 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:42 p.m. Motion passed unanimously. 11/14/16 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION NOVEMBER 14, 2016 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:52 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/CommissiOflers April Graves, Kris Lawrence-Andersion, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Director of Community Activities, Recreation and Services Jim Glasoe, City Attorney Troy Gilchrist, and Michaela Kujawa- Daniels, TimeSaver Off Site Secretarial, Inc. LITTLE LEAGUE MASTER PLAN COMPLEX UPDATE Mr. Glasoe provided background and status on this item. Mayor/President Willson asked if they are going to have an ice rink. Mr. Glasoe stated they have discussed this many times over the years and came to the conclusion that skating hasn't been very popular, but it is something they have looked at and are open to maybe putting one in at some point. He noted just because it isn't in the current plan doesn't mean it can't be added later on. Mayor/President Willson asked if the wetland could be an option for a rink. Mr. Glasoe stated that has been brought up before and they looked at it and it hasn't yet been decided if it would work or not, but they will continue to look at it. Mayor/President Willson stated he likes the master plan because it consolidates the different activities and fields into their own areas. Councilmember/Commissioner Graves asked if there are ice rinks at other parks nearby. Mr. Glasoe stated there are quite a few ice rinks at parks around the City. The majority consensus of the City Council/EDA was to support this item and direct staff to proceed with the planning. MISCELLANEOUS City Manager Curt Boganey asked Councilmembers/Commissioners to look at the calendar provided and find a time that works for all of them to be available when the focus groups will be 11/14/16 -1- DRAFT meeting regarding the water issue. Mayor/President Willson stated he would like to get data on the water tiers and usage. It was the consensus of the Council/Commission to meet on December 13, 2016, at 5:00 p.m. ADJOURNMENT Councilmember/Commissioner Myszkowski moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 8:20 p.m. Motion passed unanimously. 11/14/16 -2- DRAFT City Council Agenda Item No 6b [EI1BJ[i1 i V I k'A U'i I k'4 (I) I1IJh'A I DATE: November 21, 2016 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City Clerk SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on November 28, 2016. 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. CHRISTMAS TREE SALES PQT Company Rum River Tree Farm GASOLINE SERVICE STATION Kabalan Co Pump N Munch Two Rivers Investment, Inc. MECHANICAL Carter Custom Construction & Fireplaces Inc Countryside Heating & Cooling Solutions Deans Tank, Inc KB Service Company Preventive Mechanical Service PUBLIC DANCE Jammin Wings, LLC RENTAL See attached report. SECONDHAND GOODS DEALER GameStop #535 5040 Brooklyn Boulevard 1505 69th Ave N 6840 Humboldt Ave N 3276 Fanum Rd #400 Vadnais Heights, MN 55110 1960 Co Rd 90 Maple Plain, MN 55359 P0 Box 22515 Robbinsdale, MN 55422 43OE County RdD St Paul, MN 55117 1875 Buerkle Rd White Bear Lake, MN 55110 2590 Freeway Boulevard 6068 Shingle Creek Parkway Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S1S1IJ[i1 I fl Vi MhYA U I I4 0) 1I I1SJ'A I SIGN HANGER Albrecht Sign Company, Inc TOBACCO RELATED PRODUCT Kabalan Co Pump N Munch Ku, Leng Sun Foods 7775 Main Street NE, Fridley MN 55432 1505 69th Ave N 6350 Brooklyn Boulevard Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [I[I1IJXiJ I N I I DIhYA U'A I Mk74 (I)WI I1SJ'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code_Only) Type 1 - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 Type III - 1 Year I 1-2 units Greater than 4 but not more than 8 Type IV —6 Months 1 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes No Category 1-2 0-1 Impact 34 units 0-0.25 5 or more units 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust I=—qDI z z ci ci ci ci C) ci C) C) '01010101 ci C) z 4-,(I, cii C(ci U cii 2>-cii -) cu =U--a-)))E ccil_4-,0Ccii cu oaj UC—cii— ro U))) V 20. C ; cii 0 0 -0 ocii ci)°= t ciiU_c UIf) c ci MIL _cii— tu (ci cii Ln 2 CII ciJ-- U_ ._I * 0 * * =* * * C LD Lfl Lfl N m tfl N N 1 0 1 t Lf) Lq N I-LU D c cu M to W cu cC C OciiCc-D >.0 cii c E cii cii Cci C00 (U C 0cii ci)> t.ci cci -—cc O._(ci.CO (ci Ocz ci cci Cocci Cocci cocci cci COcci cocci cocci cci Co ci)E a)Q)cii))))))cii cii cii cii cii (Ii)))(Ii ciicc:ccc CCC CCC C CC cii )_(Ii cii cii cii cii cii cii cii w cii cii w (Ii))) >. >. E E E E EEE E E EE E E °E m cci m cci cci m cci co Cocci co cci m C cu LL IL.IL U IL LL IL IL LL IL IL.LL LL U-cii cii cii cii cii cii cii cii (Ii cii ai cii o EoEocici 0000CCCCCCCCCCCCC IIV)V)(f)L') Nrq cci zzz iZ z ZZ ci ci2 cii cii (1)cii 4 > 3E iccEEocii ><>.>.I) l-CCC NOLLULL --, N N N N N N ci C)N N 00 (n H 0 o -i 'C -4 ci m 0 N 0 N H 0 CD 0 0 N 00 m m -00 N 00 00 0 LO -)C C)N City Council Agenda Item No. 6c [1101 IJ(IJ I N V M'4 L I Mh'A [I) 1I 1IJ'A I TO: Curt Boganey, City Mana FROM: Sharon Knutson, City Clerk bwpt kn4,d3VL DATE: November 17, 2016 SUBJECT: Application and Permit for Temporary On-Sale Liquor License Submitted by St. Aiphonsus Catholic Church, 7025 Halifax Avenue North, for a Social Event to be Held January 14, 2017 Recommendation: It is recommended that the City Council consider approval of the application and permit for a temporary on-sale liquor license submitted by St. Alphonsus Catholic Church, 7025 Halifax Avenue North, for a social event to be held January 14, 2017. Background: St. Alphonsus Catholic Church, 7025 Halifax Avenue North, has submitted an application and permit for a temporary on-sale liquor license for a social event to be held January 14, 2017. The applicant has satisfied the City's requirements, submitted the $25 fee for each day of thelicense, along with a certificate of coverage for liquor liability insurance, and has existed as a religious organization for at least three years. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. City Ordinance Section 11-107 (6) Temporary On-Sale Intoxicating Liquor License. This license may be issued only upon receiving the approval from the Commissioner of Public Safety. The license may be issued only in connection with a social event within the city that is sponsored by a club or charitable, religious, or other nonprofit organization that has existed for at least three years or to a brewer who manufactures fewer than 3,500 barrels of malt liquor in a year. The license may authorize the sale of intoxicating liquor to be consumed on the Premises for not more than three consecutive days, and the City shall issue no more than twelve days' worth of temporary licenses to any one organization or for any one location within a 12-month period. The temporary license may authorize the sale of intoxicating liquor to be consumed on Premises other than Premises the licensee owns or permanently occupies. The temporary license may provide that the licensee may contract for intoxicating liquor catering services with the holder of an On-Sale Intoxicating Liquor License issued by any municipality. Budget Issues: There are no budget issues to consider.. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Church of St Alphonsus Jan 1, 1959 ES 32045 Address City State Zip Code 17025 Halifax Ave N Brooklyn Center Minnesota 55429 Name of person making application Business phone Home phone IMichelle Karlson 7 763-503-3389 Date(s) of event Type of organization January 14, 2017 Club Charitable Religious Other non-profit Organization officer's name City State Zip Code Fr. Donald Berry Willard, C.Ss.R.Brooklyn Center Minnesota 55429 Organization officer's name City State Zip CodeIMinnesotaI Organization officer's name City State Zip Code ______________ Minnesota Organization officer's name City State Zip Code I Minnesota Location where permit will be used. If an outdoor area, describe. C.Ss.R. Hall If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. Catholic Mutual Relief Society of America, $5000,000.00-each occurrence. APPROVALe) APPLICAT ON MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT (ttjy or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid City or County E-mail Address City or County Phone Number Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATIONSTATE.MN.US Date: 11/16/2016Certificate of Coverage Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of St. Paul-Minneapolis confers no rights upon the holder of this certificate. This certificate Chancery Office does not amend, extend or alter the coverage afforded below. 226 Summit Avenue St. Paul, MN 55102 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RDCovered Location St. Aiphonsus Catholic Church & School OMAHA, NE 681547025 Halifax Avenue North Brooklyn Center, MN 55429 Coverages - This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits -Property Real 8c Personal Property -D. General Liability Each Occurrence 500,000 General Aggregate D Occurrence 0 Claims Made 8589 7/1/2016 7/1/2017 Products-Comp/OP Agg Personal & Adv Injury Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability 8589 7/1/2016 7/1/2017 Each Occurrence 500 ,000 Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit/Coverage Description of Operations/Locations/Vehicles/Special Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage is verified with regard to covered Location's Pan African Network ministry event, to be held on parish/school grounds, January 14, 2017. Includes Liquor Liability and Fidelity for Charitable Gambling Holder of Certificate Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the holder ofCity of Brooklyn Center certificate named to the left, but failure to mail such notice shall5301 Shingle Creek Parkway Brooklyn Center, MN 55430 impose no obligation or liability of any kind upon the company, its agents or representatives. 0111009316 Authored Representative :- City Council Agenda Item No 6d [i[I]SJ[IJ I N I V ah'4 LA I ak4 (I) UI I1IJ'A I DATE: November 18, 2016 TO: Curt Boganey, City Manr FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Accepting Bid and Awarding a Contract, Brooklyn Center Co ncil Chambers Audio Visual Project Recommendation: It is recommended that the City Council consider approval of the lowest responsible bidder and award a contract to Alpha Video for the completion of the Council Chambers Audio Visual Project. Background: We have divided the Council Chambers remodeling project into two separate projects to ensure the highest quality and lowest cost. Bids for the Council Chambers Audio Visual portion of the project were received and opened on November 17, 2016. After careful consideration and in consultation with Boarman Kroos Vogel Group Inc. staff unanimously recommended the bid of Alpha Video be accepted The bidding results including are tabulated below. BIDDER TOTAL (including approved alternates #1 & #2) Alpha Video $198,483.34 CompView, Inc. $232,186.00 Tierney Brothers $249,080.00 Of the bids received, the lowest bid of $198,483.34 was submitted by Alpha Video of Eden Prairie, Minnesota. Per a due diligence check (information enclosed) conducted by City staff and BKV Architecture, Alpha Video has the experience, equipment and capacity to qualify as the lowest responsible bidder on the project. Per their bid, Alpha Video proposes to complete the construction/installation by February 10, 2017. Budget Issues: There are adequate funds in the Cable Technologies Grant Fund to cover cost of the improvements, including contingencies and administrative cost. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust ES]SJ[SJ I fl I I *k'A Uh'A I ak'A (I) 1I I1SJ I Costs Amended as per Low Bid Audio Visual Contract $198,483.34 Contingency $ 9,914.17 AdminlLegal/Engr. $ 23,122.50 Total Estimated Project Cost $231.520.01 Revenues Cable Technology Grant Fund Balance Strategic Priorities: o Community Image Amended as per Low Bid $231,520.01 P'Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people andpreserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, BROOKLYN CENTER COUNCIL CHAMBERS AUDIO VISUAL PROJECT WHEREAS, Pursuant to an advertisement for bids for the Brooklyn Center Council Chambers Audio Visual Project, bids were received, opened and tabulated by the City Clerk and CARS Director on November 17, 2016. Said bids were as follows: BIDDER TOTAL (including approved alternates #1 & #2) Alpha Video, Inc. $198,483.34 CompView, Inc. $232186.00 Tierney Brothers Inc. $249,080.00 WHEREAS, it appears that Alpha Video of Eden Prairie, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Mayor and City Manager are hereby authorized and directed to enter into a contract with Alpha Video of Eden Prairie, Minnesota in the name of the City of Brooklyn Center for the Brooklyn Center Council Chambers Audio Visual Project, according to the plans and specifications therefore approved by the City Council and on file in the office of the CARS Director. 2.The estimated project costs and revenues are as follows: Costs Audio Visual Contract Contingency AdminlLegal/Engr. Total Estimated Project Cost Revenues Cable Technology Grant Fund Balance Amended as ncr Low Bid $198,483.34 $ 9,914.17 $ 23,122.50 $231.520.01 Amended as per Low Bid $231,520.01 RESOLUTION NO. November 28. 2016 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. BKV November 21, 2016 G R o u P Brooklyn Center City Hall 6301 Shingle Creek Parkway Architecture Brooklyn Center, MN 55430 Interior Design Landscape Architecture Attention: Jim Glasoe and CouncilmembersEngineering Boarman Ref: Brooklyn Center Council Remodel - Bid Review & Recommendation Kroos Vogel Group Inc.Dear Jim Glasoe, Mr. Boganey and Councilmembers, 222 North Second Street Per the City Councils' approval on October 10, 2016 BKV finalized and issued Minneapolis, MN 55401 the Council Chambers remodel construction documents for bids on October 17,Telephone: 612.339.3752 2016 along with the Audio Visual upgrades portion on October 25, 2016. DuringFacsimile: 612.339.6212 www.bkvgroup.com the bidding process three addendum were issued to interested bidders to EOE respond to questions and required clarifications. The deadline to receive bids was Thursday, November 17, 2016 at 2:00 PM. At that time nine bids were received for general construction / remodeling of the Council Chambers and three bids for the Audio Visual upgrade. The bids received were opened and read out loud in the Council Chambers shortly after each bid category was received. The nine bidders for the general construction were as follows: 1.Brennan Construction 2.Ebert Construction 3.Ecco Construction 4.Green Construction 5.JPMI Construction 6.JS Cates Construction 7.Karkela Construction 8.Versacon 9. Westin Construction The total base bid amounts ranged from $334,262 to $386,900. The spread from high to low is $52,638. Three alternates were included in the construction documents for the general construction / remodeling of the Council Chambers. The alternates were as follows: 1.Replace existing interior doors in the Council Chambers as shown in the documents. 2.Provide two floor boxes for power/data connection in the spectator seating area in the Council Chambers. 3. HVAC ductwork improvements to reduce the current noise issue. Per conversation with Jim Glasoe, it was stated that the City is interested in pursuing alternate I and alternate 3 only. The apparent three low bids including alternate I and alternate 3 are as follows: 1.Brennan Construction $358,500 2.Westin Construction $359,294 3. Versacon $361,600 In addition to the overall project bids the contractors provided their date for substantial completion. The required date of substantial completion as provided by the City was stated as February 10, 2017. The contractor's substantial completion dates ranged from February 10, 2017 to March 31, 2017. Brennan Construction and Versacon stated substantial completion as February 10, 2017, Westin showed substantial completion as March 17, 2017. Audio Visual Upgrade The three bidders for the audio visual upgrade were as follows: 1.Tierney Brothers 2.Alpha Video 3. CompView The total bid amounts ranged from $198,483.34 to $249080.00. The spread from high to low is $50,596. The total bids for Audio Visual were as follows: 1.Alpha Video $198,483.34 2.CompView $232,186.00 3. Tierney Brothers $249,080.00 The total project budget estimates for the general construction / remodeling of the Council Chambers and Audio Visual was $537,953.95, which includes estimate construction contingency. The base bids for both items totals $534,483.34, which is $3,470.61 below the total estimates. With alternates I and 3 added the bid amounts total $556,983.34. In addition to the bid amount we would recommend that the City allow some funds for construction contingencies. On a remodeling project of this type and scale we would recommend a 5% contingency as a minimum. Based on the information obtained we would recommend that the City award a contract to Brennan Construction based on the base bid and accepting alternates I and 3. If this is acceptable to the City Council we would advise the City to issue a notice to proceed to Brennan to set the project in motion. Based on the Audio Visual upgrade bids we would recommend that the City award a contract to Alpha Video for audio visual contract. The schedule for the project is currently stated as December 15, 2016 to February 10, 2017. Based on this limited time frame it will be important to act on this issue as soon as possible. 2 We are enthusiastic and ready to continuing working with the City on this project. Please feel free to contact me if I can be of assistance or you have any questions. Sincerely, Bruce Schwartzman, AIA Partner - Managing Architect Attachment: Bid Tabulation Form Cc: Michael Healy, Assoc. AIA - Architectural Designer Thomas Daszkiewicz, Partner - Construction Administration Director 3 I C,(tl C-U)- -cn }- N-0• c) 0 0 0 City Council Agenda Item No. 6e S[S1IJISJ I i I k"J U I ak'4 0] UI P1SJ I DATE: November 18, 2016 TO: Curt Boganey, City Manag FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Accepting Bid and Awarding a Contract, Brooklyn Center Chambers Remodel Project Counci Recommendation: It is recommended that the City Council consider approval of the lowest responsible bidder and award a contract to Brennan Companies for the completion of the Council Chambers Remodel Project. Background: We have divided the Council Chambers remodeling project into two separate projects to ensure the highest quality and lowest cost. Bids for the Council Chambers construction portion were received and opened on November 17, 2016. After careful consideration and in consultation with Boarman Kroos Vogel Group Inc. staff unanimously recommended the inclusion of Bid Alternates #1 and #3, along with the base bid be accepted. Alternate #1 is the replacement of the Council Chambers doors and #3 is additional HVAC work to reduce the airflow noise in the Council Chambers The bidding results including all approved alternates are tabulated below. BIDDER TOTAL (including approved alternates #1 & #3) Brennan Companies $358,500 Ebert Construction $380,800 Ecco Construction $387,300 Green Construction $407,700 JPMI Construction $374,400 JS Cates Construction $369,000 Karkela Construction $368,300 Versacon $361,600 Westin Construction $359,294 Of the bids received, the lowest bid of $358,500.00 was submitted by Brennan Companies of Mankato, Minnesota. Per a due diligence check (information enclosed) conducted by City staff Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust i1IJ[iJ I i N DIh'A U I ak'A 0) 1I Myll and BKV Architecture, Brennan Companies has the experience, equipment and capacity to qualify as the lowest responsible bidder on the project. Per their bid, Brennan Companies proposes to complete the construction prior to February 10, 2017. Budget Issues: There are adequate funds in the Cable Technologies Grant Fund and Capital Improvements Fund to cover the cost of the improvements, including contingencies and administrative costs. Costs Audio Visual Contract Contingency AdminlLegal/Engr. Total Estimated Project Cost Revenues Cable Technology Grant Fund/CIP Fund Amended as per Low Bid $358,500.00 $ 17,925.00 $ 23,122.50 $399,547.50 Amended as per Low Bid $399,547.50 Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, BROOKLYN CENTER COUNCIL CHAMBERS REMODEL PROJECT WHEREAS, Pursuant to an advertisement for bids for the Brooklyn Center Council Chambers Remodel Project, bids were received, opened and tabulated by the City Clerk and CARS Director on November 17, 2016. Said bids were as follows: BIDDER TOTAL (including approved alternates 41 & #3) Brennan Companies $358,500 Ebert Construction $380,800 Ecco Construction $387,300 Green Construction $407,700 JPMI Construction $374,400 JS Cates Construction $369,000 Karkela Construction $368,300 Versacon $361,600 Westin Construction $359,294 WHEREAS, it appears that Brennan Companies, of Mankato, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The Mayor and City Manager are hereby authorized and directed to enter into a contract with Brennan Companies of Mankato, Minnesota in the name of the City of Brooklyn Center for the Brooklyn Center Council Chambers Remodel Project, according to the plans and specifications therefore approved by the City Council and on file in the office of the CARS Director. 2.The estimated project costs and revenues areas follows: Costs Amended as per Low Bid Audio Visual Contract $358,500.00 Contingency $ 17,925 Admin1Leal/Enar. $ 23,122.50 Total Estimated Project Cost $399,547.50 'Revenues Amended as per Low Bid Cable Technology Grant Fund/CIP Fund $399,547.50 RESOLUTION NO. November 28. 2016 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. BKV November21, 2016 G R o u P Brooklyn Center City Hall 6301 Shingle Creek Parkway Architecture Brooklyn Center, MN 55430 Interior Design Landscape Architecture Attention: Jim Glasoe and CouncilmembersEngineering Boarman Ref: Brooklyn Center Council Remodel - Bid Review & Recommendation Kroos Vogel Group Inc. Dear Jim Glasoe, Mr. Boganey and Councilmembers, 222 North Second Street Per the City Councils' approval on October 10, 2016 BKV finalized and issued Minneapolis, MN 55401 the Council Chambers remodel construction documents forbids on October 17,Telephone: 62339.3752 2016 along with the Audio Visual upgrades portion on October 25, 2016. During www.bkvgroup.com the bidding process three addendum were issued to interested bidders to EOE respond to questions and required clarifications. The deadline to receive bids was Thursday, November 17, 2016 at 2:00 PM. At that time nine bids were received for general construction / remodeling of the Council Chambers and three bids for the Audio Visual upgrade. The bids received were opened and read out loud in the Council Chambers shortly after each bid category was received. The nine bidders for the general construction were as follows: 1.Brennan Construction 2.Ebert Construction 3.Ecco Construction 4.Green Construction 5.JPMI Construction 6.JS Cates Construction 7.Karkela Construction 8.Versacon 9. Westin Construction The total base bid amounts ranged from $334,262 to $386,900. The spread from high to low is $52,638. Three alternates were included in the construction documents for the general construction I remodeling of the Council Chambers. The alternates were as follows: 1.Replace existing interior doors in the Council Chambers as shown in the documents. 2.Provide two floor boxes for power/data connection in the spectator seating area in the Council Chambers. 3. HVAC ductwork improvements to reduce the current noise issue. Per conversation with Jim Glasoe, it was stated that the City is interested in pursuing alternate I and alternate 3 only. The apparent three tow bids including alternate 1 and alternate 3 are as follows: 1.Brennan Construction $358,500 2.Westin Construction $359,294 3. Versacon $361,600 In addition to the overall project bids the contractors provided their date for substantial completion. The required date of substantial completion as provided by the City was stated as February 10, 2017. The contractor's substantial completion dates ranged from February 10, 2017 to March 31, 2017. Brennan Construction and Versacon stated substantial completion as February 10, 2017, Westin showed substantial completion as March 17, 2017. Audio Visual Upgrade The three bidders for the audio visual upgrade were as follows: 1.Tierney Brothers 2.Alpha Video 3. CompView The total bid amounts ranged from $198,483.34 to $249.080.00. The spread from high to low is $50,596. The total bids for Audio Visual were as follows: 1.Alpha Video $198,483.34 2.CompView $232,186.00 3. Tierney Brothers $249,080.00 The total project budget estimates for the general construction I remodeling of the Council Chambers and Audio Visual was $537,953.95, which includes estimate construction contingency. The base bids for both items totals $534,483.34, which is $3,470.61 below the total estimates. With alternates I and 3 added the bid amounts total $556,983.34. In addition to the bid amount we would recommend that the City allow some funds for construction contingencies. On a remodeling project of this type and scale we would recommend a 5% contingency as a minimum. Based on the information obtained we would recommend that the City award a contract to Brennan Construction based on the base bid and accepting alternates I and 3. If this is acceptable to the City Council we would advise the City to issue a notice to proceed to Brennan to set the project in motion. Based on the Audio Visual upgrade bids we would recommend that the City award a contract to Alpha Video for audio visual contract. The schedule for the project is currently stated as December 15, 2016 to February 10, 2017. Based on this limited time frame it will be important to act on this issue as soon as possible. 2 We are enthusiastic and ready to continuing working with the City on this project. Please feel free to contact me if I can be of assistance or you have any questions. Sincerely, Bruce Schwartzman, AIA Partner Managing Architect Attachment: Bid Tabulation Form Cc: Michael Healy, Assoc. AIA -Architectural Designer Thomas Daszkiewicz, Partner - Construction Administration Director (0 0 N- 00 Cl).uj I jE (0 0E0I 0 0. C Q 0> City Council Agenda Item No. 6f kI1SJ[* I fl MA tYA I Ik'A (I] 1I flhJ I DATE: November 14, 2016 TO: Curt Boganey, City Man FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Authorizing the Community Activities, Recreation and Services Department to Apply for Grant Funding Through the Hennepin Youth Sports Program Recommendation: It is recommended that the City Council consider adoption of the attached resolution supporting an application for a Hennepin County Youth Sports Program Grant Background: Hennepin County is seeking local units of government interested in developing facilities for amateur sports or recreation. Legislation authorizing the construction of the Twins stadium allows Hennepin County to grant a portion of stadium tax dollars to communities to assist with developing these facilities. These grants are made through the Hennepin Youth Sports Program. The purpose of these grants is to allow municipalities, park districts or school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. The City of Brooklyn Center and the Brooklyn Center Little League, through a grant from the Minnesota Twins Community Fund, have designed a comprehensive "master planned" baseball complex, capable of hosting local and state tournaments. The site complex will include three regulation fields, along with one tee ball field. The fields will include fencing, dugouts, irrigation and scoreboards. The grant monies will be used for the site grading, construction of the baseball fields and associated amenities. This proposed project has been reviewed, approved and recommended by the Brooklyn Center Little League Program and the Brooklyn Center Park & Recreation Commission. Staff now wishes to pursue grant funds to help offset a portion of the project's construction cost. Grant submission requirements call for the local governmental unit making the application provide a resolution from its governing body authorizing the application submission. Accordingly, a resolution is attached for City Council consideration. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust [EI1BJ(SJ I fl U V 3kMi Uh'A 11131 11 -1 ) 1I I1IIhA I Budget Issues: The anticipated total cost for these improvements is $1,604,155. The proposed 2017-2031 Capital Improvements Fund budget includes $200,000 for related Centennial Park improvements. The remainder would come from grant funds, private donations or other sources. Strategic Priorities: Strengthened and Empowered Youth Mission: Ensuring on attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE HENNEPIN YOUTH SPORTS PROGRAM WHEREAS, Hennepin County, via its Hennepin Youth Sports Program, provides for capital funds to assist local government units of Hennepin County for the development of sport or recreation facilities; and WHEREAS, the City of Brooklyn Center desires to develop Little League Baseball Complex at Centennial Park for the purpose of benefiting youth athletics; and WHEREAS the Community Activities, Recreation and Services Department intends to submit a grant request for said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center I.The estimate of the total cost of developing PROJECT shall be $1,604,155.75 and the City of Brooklyn Center is requesting $300,000.00 from the Hennepin Youth Sports Program and will assume responsibility for a match requirement of $200,000.00 II.The City of Brooklyn Center agrees to own, assume one hundred (100) percent of operation costs for the Centennial Park Little League complex and will operate the facilities for its intended purpose for the functional life of the facility, which is estimated to be 20 years. III.The City of Brooklyn Center agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of constructing a sport or recreational facility and long term program direction. IV.That the Mayor and/or City Manager is authorized and directed to execute said application and serve as official liaison with Hennepin County or its authorized representative. November 28. 2016 Date Mayor ATTEST: City Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Broddyn Center L'Kfle League Baseball covinp l ex '^Broddyn Center Nvin n e s 0 t a Hennepn Youth Spots Program Grant / - r . - -- tXISTING WALKING4 • " -• PATHS -r -• - (ISTI\G7.dI II •- •.PAR K NG . I , /_ia STALlS •'• y TO-RA G E SHE I'cuTy -- - _'•\ '- ) 1/7 SrOiSORl:O PLAY AREA f- - •, )) ) //FIEL EBJ\UJ-- MIN NEw mw NEW FIELDPPARKING '--56 STALLS ISTING__ ic -- ••- PKNGr1 ( - 4 6 STAL4) i POTENTIA- CHURCH , J/lI ;.rr PROPERTY./7 UR JfI l i MITIGATION coulir, N\ I I - 4 CITY SPONSO R ED - I '' I I IMPIOVEMENTS ( rL'------------' • Tabile of Contents Project Summary Geographical Location Map Site Plan Timeline Project Budget Partnerships Increased Capacity Improved Conditions Matching Funds Community Support Number of Youth Served & User Demographics Environmental Improvements Stewardship and Sustainability Resolution of Local Government Unit Application Form Attachments 3 4 5 6 7 10 11 12 13 14 15 17 18 19 20 21 Project Summary For the past 50+ years, two Little League organizations have existed in Brooklyn Center. These two organizations each had their own organizational structures, governing boards and facilities. As participation has declined over the past decade, a decision has been made to combine the two programs. The new organization is in the process of developing their Articles of Incorporation and non-profit designation. They see a combined, single site complex as crucial to their future success. The preferred site location is the current Little League property located at 6030 Vincent Avenue North in Brooklyn Center, along with a portion of the adjacent Centennial Park, owned by the City of Brooklyn Center. The site is in District Ui, which is covered by Commissioner Mike Opat. The City of Brooklyn Center and the Brooklyn Center Little League, through a grant from the Minnesota Twins Community Fund have designed a comprehensive "master planned" baseball complex, capable of hosting local and state tournaments. The site complex will include three regulation fields, along with one tee ball field. The project involves the reconstruction of a large portion of Centennial Park in Brooklyn Center and the adjacent Little League property. It would include the relocation of multiple park amenities, including a tennis court, basketball court, playground, picnic shelters and community gardens. As the site has some sub-standard soils, we would anticipate some site excavation and importation of suitable soils. Also, the site will be re-graded to allow for proper drainage and an irrigation system and other site amenities installed. In addition, the existing bituminous paths that support the park will be extended to provide access to the new fields and relocated amenities. The introduction of irrigation and other site improvements would allow for use by youth baseball programs, teams and players from May through October each year. The improved fields are expected to see heavy use. As the city is already maintaining the area where the fields will be located, it has the capacity to absorb this improvement into its regular maintenance operation. This project has been reviewed and approved by the Brooklyn Center Little League Program, the Brooklyn Center Park & Recreation Commission and the Brooklyn Center City Council. I I )iE1 Geographical Location Map Centennial Park, Brooklyn Center, MNIISATiTWSP,0.. ^I'IAMPLJR HANGVrR DRCI^GKLYIN PARK n 7T I%EEUFIEI.DCURCORAII tIAPLEGRDVE.f ..4- - ----- 9 MEDI UA J - flEIHD/, - C1(TAL I JNOEPENDENEC .............- ..,I PLY1PUIJ1FI rQEEEfl5ALE !J- MArLE PLJ'fl1 . - . - -r: ST. ANTIIEU1Y .1 I4EDiC1EE LE-9 . ..i T.:1'JV LDI LKE-'( J'- QL0fl .LEY 5 - M11UWAPOLI5 MOUND . -1$T. 1.OUISPAR1< EILUIIETRISTA . -. - - 14fl!1PIETOUII9 . I. .. -. DEEPIIVEI1 RDPKEIIS --El ST. F9US E1OREWOOD.I.6f.' - .i1,lFr.tIELurII5TERR. - Efl3UA..JiEP1UTL.A-tRPRT ,- TUCHF.ELI CIA fill ASSEli SLOUHHESTDH Hennepin County 6301 Shingle Creek Parkway, Brooklyn Center Minnesota Site Plan 7 ,/ 0 I Little League Complex (I PAT /PARKING - wi,8STALIS t -- ):7 STORAGE ( I , SHED /cw SPONSORED IV If-- APLI\YAREA 7 . /f (•iI / --- • .' //// -•-..• / \ EXISTING-Vf. FIE 4C BATTING CAGE WARMlO-iHbLISE Multiple Youth Sized NEW FIE LID" ( 0/(\ A0 02 NEW FIELD 7 6S ALr / 7 - -•-•- -I1iUIii ARKINGm( 46 STA CHURCH PROPERr \ / /IENNIS PLO S • I CUY SPONSORED IMPROVEMENTS TI L POTENmAI. WETLAND MITIGATION AREA EW FIELD I I (/7 : EXISTING PATI IS •- i-.-z_ - 0/' Timeline Brooklyn Center authorization of grant contract with Hennepin County December 2016 Brooklyn Center authorization to develop plans and specifications Bid Due Date Bid Approval Construction Start Construction Completed June 2017 August 1, 2017 August 15, 2017 September 2017 June 201-8 Fall 2018 Open for use Project Budget BROOKLYN CENTER UTTLE LEAGUE COMPLEX Item Qty Unit $ per Unit Total GENERAL CONDITIONS 1 LS $40,000.00 $40,000.00Mobilization Demolition & Removals 1 LS $30,000.00 $30,000.00 Silt Fence & Erosion Control 1,800 LF $3.00 $5,400.00 Erosion Control 1 LS $2,400.00 $2,400.00 - Orange Safety Fencing 250 LF $2.50 $625.00 $78,425.00 EARTHWORK Common Excavation ,,8,000 CY $4.00 $32,000.00 Fine Grading -10 AC $2,000.00 $20,000.00 $52,000.00 STORM DRAINAGE 12" HDPE Drain Pipe 1,200 LF $22.00 $26,400.00 6" FE Drain Tile 400 LF $14.00 $5,600.00 Catch Basin 8 EA $1,000.00 $8,000.00 $40,000.00 CENTRAL PLAZA ELEMENT Specialty Pavement 3,000 SF $12.00 $36,000.00 4" Thick Concrete Paving 16,140 SF $4.50 $72,630.00 Drinking Fountain 1 LS $5,000.00 $5,000.00 Picnic Tables 4 EA $2,500.00 $10,000.00 Trash Receptacles 6 EA $800.00 $4,800.00 Bike Racks 1 LS $3,000.00 $3,000.00 Batting Cages 2 EA $2,500.00 $5,000.00 $136,430.00 BALLFIE LOS Baseball Field 1 Sideline & Outfield Fence -6' High 570 LF $18.00 $10,260.00 Sideline Fence - 10' High 160 LF $26.00 $4,160.00 Concrete Maintenance Strip 800 LF $16.00 $12,800.00 Backstop - 32' High 1 EA $20,000.00 $20,000.00 Dugout with Benches 2 EA $20,000.00 $40,000.00 Bleachers 2 EA $5,000.00 $10,000.00 Sports Field Seeding 4,222 SY $1.25 $5,277.50 Infield Aglime 100 CY $45.00 $4,500.00 Scoreboard 1 EA $5,000.00 $5,000.00 Irrigation .' I LS $8,000.00 $8,000.00 $119,997.50 Baseball Field #2 Sideline & Outfield Fence -6' High 570 LF $18.00 $10,260.00 Sideline Fence - 10' High 160 LF $26.00 $4,160.00 Concrete Maintenance Strip 800 LF $16.00 $12,800.00 Backstop - 32' High 1 EA $20,000.00 $20,000.00 Dugout with Benches 2 EA $20,000.00 $40,000.00 Bleachers 2 EA $5,000.00 $10,000.00 Sports Field Seeding 4,222 SY CY $1.25 $45.00 $5,277.50 $4,500.00Infield Aglime 100 I EA $5,000.00 $5,000.00Scoreboard1LS$8,000.00 $8,000.00Irrigation$119,997.50 Baseball Field #3 Sideline & Outfield Fence -6' High 570 LF $18.00 $10,260.00 Sideline Fence - 10' High 160 LF $26.00 $4,160.00 Concrete Maintenance Strip 800 LF $16.00 $12,800.00 Backstop - 32' High I EA $20,000.00 $20,000.00 Dugout with Benches 2 EA $20,000.00 $40,000.00 Bleachers 2 EA $5,000.00 $10,000.00 Sports Field Seeding 4,222 SY $1.25 $5,277.50 Infield Aglime 100 CY $45.00 $4,500.00 Scoreboard I EA $5,000.00 $5,000.00 Irrigation I LS $8,000.00 $8,000.00 $1 19,997.50 Tee Ball Field Sideline Fence -6' High 120 LF $18.00 $2,160.00 Sideline Fence - 10' High 80 LF $26.00 $2,080.00 Backstop -20' High I EA $16,000.00 $16,000.00 Concrete Maintenance Strip 700 LF $16.00 $11,200.00 Dugout 2 EA $16,000.00 $32,000.00 Bleachers 2 EA $5,000.00 $10,000.00 Outfield Turf 1,125 SY $1.25 $1 j406.25 Infield Lime 100 Cy $45.00 $4,500.00 Scoreboard I EA $5,000.00 $5,000.00 Irrigation I LS $6,000.00 $6,000.00 $90,346.25 TRAILS & PEDESTRIAN CONNECTIONS Concrete Sidewalk 7,860 SF $4.50 $35,370.00 Asphalt Trail 1,800 SY $15.00 $27,000.00 $62,370.00 PARKING AND DRIVEWAYS West Parking Lot Asphalt Paving with Base 2,800 SY $35.00 $98000.00 Concrete Curb 1,229 LF $18.00 $22,122.00 Striping I LS $2,000.00 $2,000.00 ADA Signage 2 EA $400.00 $800.00 Pedestrian Ramps 2 EA $1,200.00..$2,400.00 $125,322.00 South Parking Lot Chip Seal Existing Asphalt Concrete Curb Striping ADA Signage Pedestrian Ramps BUILDINGS Shelter and Kitchen Upgrades Maintenance Storage Shed Security Lighting PARK AMENITIES Basketball Court Tennis Court Community Gardens LANDSCAPING Sod Turf Seed Native Seed Overstory Trees Ornamental Trees Coniferous Trees Shrubs Perennials Irrigation 1,850 SY $6.00 $11,100.00 375 LF $18.00 $6,750.00 I LS $1,000.00 $1,000.00 2 EA $400.00 $800.00 2 EA $1,200.00 $2,400.00 $22,050.00 I LS $300,000.00 $300,000.00 1 LS $100,000.00 $100,000.00 I LS $12,000.00 $12,000.00 $412,000.00 1 EA $40,000.00 $401000.00 I EA $80,000.00 $80,000.00 I EA $20,000.00 $20,000.00 $140,000.00 1,130 SY $4.00 $4,520.00 12,000 Sy $1.00 $12,000.00 2,000 Sy $1.50 $3,000.00 80 EA $400.00 $32,000.00 15 EA $300.00 $4,500.00 40 EA $325.00 $13,000.00 200 EA $45.00 $9,000.00 200 EA $16.00 $3,200.00 I LS $4,000.00 $4,000.00 $85,220.00 Project Total $1,604,155.75 Partnerships This improvement will be owned, operated and scheduled by the City of Brooklyn Center. There will be cooperative agreements developed between the Brooklyn Center Little League and City related to maintenance and use. This project is also supported by the Brooklyn Area Babe Ruth program, which relies upon the Little League Program as a feeder system for their program/teams. Letters of recommendation from both are included in the Attachment Section Increased Capacity The new Little League Complex would increase the field availability, not only for the Little Legue, but the City as well. The quality of the fields would greatly enhance the intrests of all baseball and softball users in the community. Brooklyn Center Little League officials predict a 30% increase in participants over the next three years. With the complex being able to host local and state tournments, the number of games played could increase by as much as 100% While this information is included in another section, it is worth noting: It is estimated that 30 practices and 18 games would be played each week. If you take an average of 11 players per team, this would mean (11x30+18x22) 726 youth would use the fields in a typical week. This would mean in excess of 25,000 youth would use the fields in a typical year. In addition, with the potential of weekend and state tournaments could increase the use by another 5,000 youth. In total, approximately thirty thousand youth could enjoy use of these baseball fields in a typical year. Improved Conditions The current Little League facilities are in very poor condition as evidenced by the following photos: Dwindling participation numbers have created a situation where much of the necessary maintenance and updating has been deferred, as a result of a lack of human and financial capital. In addition, as the property lies adjacent to Shingle Creek it is subject to regular flooding. This lack of dependable fields has meant the Brooklyn Center Little League is not able to host local or state tournaments, thereby forgoing needed revenues from admissions and concession operation. The City of Brooklyn Center and the Brooklyn Center Little League, through a grant from the Minnesota Twins Community Fund, have designed a comprehensive "master planned" baseball complex, capable of hosting local and state tournaments. Matching Funds The total project cost for the construction of the Little League Complex Project is $1,604,155. ntriiCtIflfl. site work, furnishings and permit fees. A detailed This COSI is llILIUIV C L'I - construction budget is included in the Project Budget section. Funding for the Project is planned to be split as follows: Dollar Amount Hennepin Program $ 200,000City of Brooklyn Center Potential Wetland Credit $ 60,000 O $1,044,155ther funds $1,604,155 Total The City of Brooklyn Center, in their 2017-2031 Capital Improvements Plan, has allocated $200,000 for the project. These funds are in hand and will be made available upon approval for the grant request. In addition to the City Funds, a portion of the property would be available for potential wetland mitigation, that Hennepin County estimates could be worth $60,000. In addition to the local matching funds, the City estimates the following for annual in-kind support of the project. We would anticipate these to annual expenses. City of Brooklyn Center (In-kind) Annual Maintenance $13,750 Utilities $ 3,500 Equipment/supplies $ 3,000 Administration $ 500 Scheduling $ 1,250 Supervision $ 750 M ar k e ti n g/outreach $ 500 BC Little League Programming $35,500 Tota'$58,750 Community Support This program enjoys significant support from the larger baseball community, including the Little League and Babe Ruth programs, the High School baseball program and even the Minnesota Twins. Letters of support are attached from the Brooklyn Center Little League Program and the Brooklyn Area Babe Ruth. Also included, is a letter from Hennepin County Commissioner Opat noting the poor condition of the facilities and encouraging improvements. Number of Youth Served and User Demographics Number of Youth Served The Brooklyn Center Little League offers baseball programs for youth ages 4-12 years of age. In 2016, 137 youth participated in the program and comprised 13 separate teams. Of this group 85% were boys and 15% girls. It is estimated that 30 practices and 18 games were played each week. If you take an average of 11 players per team, this would mean (11x30+18x22) 726 youth used the fields in a typical week. This would mean in excess of 25,000 youth would use the field in a typical year. In addition, the new complex would be able to host weekend and state tournaments, which could increase the use by another 5,000 youth. In total, approximately thirty thousand youth could enjoy use of these baseball fields in a typical year. Demographics According to the 2010 U.S. Census, there are 9,163 children and youth ages 0 to 19 in Brooklyn Center-30.4% of the total population. Children and youth in Brooklyn Center are not distributed evenly by age group. Of the total population in Brooklyn Center 8.9% are under five years old, 7.6% are ages 5 to 9, 6.8% are ages 10 to 14 and 7.1% are ages 15 to 19. According to the 2010 U.S. Census, the largest racial population in Brooklyn Center is white (49.1%), followed by black or African American (25.9%) and Asian (14.3%). Smaller populations of those that identify as some other race" or "two or more races" and very small native populations also reside in Brooklyn Center. Hispanic or Latino residents in Brooklyn Center comprise 9.6% of the total population, which is a higher rate than Hennepin County Hispanic or Latino residents (6.7%). Brooklyn Center is the most diverse city in the state of Minnesota—the 2010 U.S. Census demonstrates that 50.9% of the total population are persons of color. To represent this diversity, 60+ languages are spoken in the Anoka-Hennepin School District, 29 in the Brooklyn Center School District, 58 in the Osseo School District and 51 languages are spoken in the Robbinsdale School District. In 2010, the Brooklyn Center average unemployment rate (not seasonally adjusted) was 8.8%- a decrease of 1.1 percentage points since 2009. The 2010 Brooklyn Center average unemployment rate was the second highest in the past 10 years. Brooklyn Center has maintained a higher unemployment rate than Hennepin County since 2000. According to the American Community Survey 2005-2009 5-Year Estimates, 12.9% of Brooklyn Center residents have incomes below the poverty level, compared to 11.% in Hennepin County and 10.0% in Minnesota. Young children in Brooklyn Center experience significantly higher rates of poverty than their county and statewide counterparts, with one-quarter (24.8%) of children under 5 years living below the poverty level. Brooklyn Center children ages 5-17 also experience higher rates of poverty than children ages 547 in both Hennepin County and Minnesota (19.2% compared to 13.6% and 10.9%, respectively). Eligibility for the Free and Reduced Price Meals Program is based on income; student's household income must be below 130% of the federal poverty level, $28,665 for a family of four, to qualify for free meals and below 185% of poverty for reduced meals, $40,793. Among the four public elementary schools in Brooklyn Center, Northport and Garden City had the highest number of students eligible for free or reduced price meats. Evergreen Park had the lowest percentage (61%) of students eligible. Environmental Improvements A good portion of the site currently lies adjacent to Shingle Creek and is prone to frequent flooding. The proposed improvements would see new baseball fields built in neighboring - - Centennial Park to mitigate the flooding issues. We would re-grade the site to primarily drain into an adjacent storm water detention pond, thus allowing any storm water to be "treated" - before being discharged into the creek, or the larger storm water system. Additionally, a large - - portion of the property would be available for potential wetland mitigation. The area impacted will be within the existing park/ little league layout. The project actually has several positive impacts on the environment: 1.Erosion control fencing will circle the perimeter of the project for the duration. 2.Grading will be done in a fashion to improve the storm water run-off treatment before entering the storm water system. 3. A majority of the entire area will remain pervious. • 4. An irrigation system will be installed. • - 5. The irrigation will assist with the improvement of the soil conditions and allow for more absorption of moisture versus run-off. 6.Water use will be controlled with sensors in order to adjust for weather conditions and allow for efficient watering. 7.Chemical use will be kept at a minimum and the use of organic and/or environmentally friendly materials will be favored. 8. The site will be graded to make use of on-site storm water detention. • 9. A large portion of the property would be made available for potential wetland mitigation. 10.Post recycled materials will be used where possible. 11.Recycling containers will be placed along with trash containers and recycling • • encouraged. Stewardship and Sustainability Operation and Maintenance Responsibilities: All operation and maintenance expenses will be the responsibility of the City of Brooklyn Center. The following tasks and resulting expenses will be absorbed into the regular General Fund Budget for labor, supplies, and utility payments: Irrigation M o wing/maintenance Water Costs Permitting/ Scheduling and Event Enforcement The fields will be made available seasonally during daylight hours. We would estimate that the usage period would run from April i- October 31 of each year. Annual Operating Budget Estimate Estimated Cost Year 3 Year 4 Year 5 Year 1 Year 2 $6,695 $6,896 $7,103 $7,316 $6,500 $ 77 $ 796 $ 820 $ 844 $ 750 $ 600 $ 618 $ 637 $ 656 $ 675 $2,750 $2,833 $2,917 $3,005 $3,095 $ 675 $ 600 $ 618 $ 637 $ 656 $1,857 $1,650 $1,700 $1,750 $1,803 $ 900 $ 800 $ 824 $ 849 $ 874 $ 109 $ 113 $ 100 $ 103 $14,164 $ 106 $14,588 $15,026 $15,475 $13,750 Task Mowing Fertilization Herbicide Irrigation Painting Ae ratio fl!Overseed Trash Collection Electrical Total * Annual maintenance estimates do not include vehicle or equipment rental charges or replacement. Resolution of Local Government Unit The following resolution will be considered by the Brooklyn Center City Council at their November 28, 2016 meeting: RESOLUTION RESOLUTION AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE HENNEP]IN YOUTH SPORTS PROGRAM WHEREAS, Hennepin County, via its Hennepin Youth Sports Program, provides for capital funds to assist local government units of Heimepin County for the development of sport or.recreatiofl facilities; and WHEREAS, the City of Brooklyn Center desires to develop Little League Baseball Complex at Centennial Park for the purpose of benefiting youth athletics; and WHEREAS the Community Activities, Recreation and Services Department intends to submit a grant request for said improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center I.The estimate of the total cost of developing PROJECT shall be $1,604,155.75 and the City of Brooklyn Center is requesting $300,000.00 from the Hennepin Youth Sports Program and will assume responsibility for a match requirement of $200,000.00 II.The City of Brooklyn Center agrees to own, assume one hundred (100) percent of operation costs for the Centennial Park Little League complex and will operate the facilities for its intended put-pose for the functional life of the facility, which is estimated to be 20 years. III.The City of Brooklyn Center agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of constructing a sport or recreational facility and long term program direction. IV.That the Mayor and/or City Manager is authorized and directed to execute said application and serve as official liaison with Hennepin County or its authorized representative.. 11/28/16 MayorDate ATTEST: City Clerk Hennepin Youth Sports Program Facility Application Form [irne and address of projec Brooklyn Center Little Leaf County Commissioner Dist The project will be located Local Government Unit (LI City of Brooklyn Center LGU application contact (} Jim Glasoe 6301 Shingle Creek ParkwJglasoeci.brooklyn-cent( 763 569-3407 LOU Public Affairs conta Jim Glasoe 6301 Shingle Creek ParkvJglasoeci.brooklyn-cent 763 569-3407 Minnesota Tax II) Numb 41-0005011 Federal Employee ID Nui 41-6005011 EXECUTION IN WITNESS THEREOF, the applicant has caused this application to be executed on the 14th day ofeL_2 Ol 6 . Curt Boganey, City Manager By: (N e, TitI Attachments / EXISTING _-. WALKING -- /PATHS 'JN RKI I ) STORAGE H. SHED 6 135' CITY SPONSORED N", PLAY AREATE BALL F1 LD BATTI CAGE le ISTIN, \ 00 0 /NEW FIELD NEW FIELD c- N 225 #1 1 - NEW FIELD #2 AkING / 1 WALKING - s6Sj - I i - - /jPATHS-- - -. I I PARKING 46 STALLS 'I ±L :POTENTIAL 'CHURCR B6 WETLAND POPERT T CN N! i S 2O) MITIGATION COURT CITY SPONSORED I IMPROVEMENTS - - - I (- - I \ . V ) 1 - ujL cu NEW • UR Louc,//-s TILE LEAGUE MASTER PLAN L!1J (1) DIflD nLu 0-j LU _i >ow0_i 0 2 1 'F VN Hi I ItJL !- t '. TT u .TTJfi ij Ell .1' I I pr ______ .•! I I I i\v 4 1. • \/L ' I I I ) ' - [ ) I I I II. 1.• . •I. j ) .iA4't I -' "I Ii IJ I -c -' A ' I I ! II ' S.. k, 4111 VA -J s-f 5. / \\1r1 r- • - .. —q c& .'_._•_1 ,4Wv ,.__________ • — 1 / -: — \ J 'i" - I - 'I I -61,14 1 I;!i,/\\ .-.\ It \\ it 1'" \, () \\J/ \/( \\iç— \ \\\\ '" .\ \\ \ h '\ \ r• -. - ' I \ Li 1 i Is - ) (l •Ji; ( ::--_--- •'\ '\'\\:.--:::_- \ •..-\\\'Y \ -j----- \\\\,\\ • ----:\\\\\ Al • •z/,iti .J•/;j Ii IJ // /1/ ii Pt /11/Il i/f /'; II? lIf /f i/j /,,1 i/,• C I - i' t L/IP lt' I II qr I Em r1 4;jf \\ )ç _JJ \\ IItI 1 • i--- s.—. 4 • I ç- ) i ym\ I I -\ \\•\ \IL II \. I I V • 7 1 1 11 C • I ç r §\ 4t / 't y C / • V r V ••% To whom it may concern, Over 60 years ago, a quaint, little league baseball park was developed in Brooklyn Center, Minnesota. Through the many years, the park has created a tight-knit community, developed many lifelong relationships and has been a safe haven for the boys and girls who love the game of baseball. While many great things have come as a result of the park, the fields are beginning to weather and are in need of revitalization. We write to you today in hopes that our dreams of keeping a thriving and prosperous little league baseball program in the Brooklyn Center community will come true through the Hennepin County Sports Grant. Each year little league games draw people from the community to catch an inning or two of exciting baseball, and one of the best cheeseburgers in town. Additionally, the volunteer-lead ball park hosts games with surrounding communities and even week and weekend-long tournaments with various other little leagues. We are very proud of our little league ball park, but we want to do more. We would like the opportunity for Brooklyn Center Little League to remain attractive and stand-out to our players and their families, the community, and those communities nearby. Most of all, we want to continue to give the children who play baseball with our organization some of the best skills, memories, and experiences of their childhoods. We believe this is possible with a renovation of our park. We have partnered with the City of Brooklyn Center in an effort to renew our ball park, and we are very excited about the groundwork we have already made. We are very much looking forward to this opportunity and, and we would like to thank you for your consideration of our grant proposal. Sincerely, The Brooklyn Center Little League Board Brokyr Area Babe Rh BasebEil pO Box 43OM BnrookllVn Park, WIN 5543 November 11, 2016 Hennepin Youth Sports Program Grant Committee Minnesota Amateur Sports Commission 1700 105th Avenue North Blaine, MN 55449 Dear Grant Committee, The Brooklyn Area Babe Ruth Baseball League Board of Directors recommend that the City of Brooklyn Center and the Brooklyn Center Little League be considered for a monetary grant for the creation of new baseball fields. Our baseball league maintains mostly the same physical boundaries as the Brooklyn Center Little League and they are an important "feeder" program to our as their league is for 6-12 year olds and Babe Ruth League is for the 13-19 year olds. With the addition of new fields, we expect the level of excitement for baseball to increase along with the number of participants. Brooklyn Center has a rich history and national success in Little League baseball and we all would like to bring that back to our community. With the recent merging of the BC American and BC National Little League organizations, it is even more critical to have a new larger location to enable all the kids to play and feel at home. The economic status of the families in this area requires financial help for sports programs to exist. Many of the families cannot afford to pay the registration fees and scholarships have been awarded to keep these kids playing baseball. Our Babe Ruth League has also extended scholarships to these families to help kids continue playing baseball in their teen years. We intend to keep offering scholarships to those in need and continue the hard work of the Little League to keep kids playing baseball and hope the number of participants will increase. The new fields would also provide a location to hold statewide baseball tournaments run by BCLL. This would generate money to sustain the program for years to come and highlight their youth sports program. The parents of the players will also take pride in hosting these tournaments by volunteering to perform the duties required and knowing their children have the best fields around. The City of Brooklyn Center has proven that they have skilled Recreation Department that will maintain the fields and keep them in top condition for many years. Please consider Brooklyn Center for a monetary grant to create these fields, as you see there are many that will benefit and we will all appreciate your generous assistance. James Ross League Secretary Brooklyn Area Babe Ruth P0 Box 43064 Brooklyn Park, MN 55444 cc. BABR Board of Directors, Joe Ericksen (BC Rec), Jim Glasoe (BC Rec) MIKE OPAT MISSIONER FAX-3485701 COM rnichael,opat@herntpinus BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 55470240 June 12, 2015 Debbie Stoddard, Co-President Brooklyn Center Little League 1409 Meadowwood Drive Brooklyn Park, MN 55444 Dear Debbie: I want to thank you for traveling downtown yesterday to meet with myself and various Hennepin County and City of Brooklyn Center staff to discuss the various issues surrounding the Little League fields near 60th Avenue North and Vincent Avenue North in Brooklyn Center. While I am pleased that the problem of clumping fill, tree stumps and building materials onto your overflow parking lot has been cured for the most part, it is clear that remaining field problems are significant Those I noted are as follows: 1.The Gomelak Field (eastern most) is not usable at present and will need significant engineering evaluation and subsequent reclamation work to become usable. - 2.If the Gornelak Field is not reclaimed, best environmental practices would suggest removal of the fencing, scoreboard, cinder block dugouts and score shed. Ownership and size of the parcels are not clear. While there may have been land swap agreements in the past between the City of Brooklyn Center and the Brooklyn Center Little Leagues (or one of the two previous associations), it appears that nothing was put into writing. 4. The field on the church property is not of sufficient size for actual little league games but could serve as a practice field with some work. 5, The Thurs Field (main field) is in need of significant upgrades to keep it viable for "Majors" games, i'i iir' N c:LLL-' P'I'ER June 12, 2015 Page 2 6. Wetland considerations make planning difficult There are likely others. In terms of helping your association find ay way to remedy field scarcity and all the non-baseball hassles that you face, I am prepared to undertake the following: 1.Request That County staff conduct a full land survey of the area. Survey information is important for the County, City and Little League to know and utilize for our respective work. Results of the survey will be shared with all parties. 2.Based on survey information complete a search to verify ownership of each parcel in question. 3.Request that County Public Works staff share with me wetland mitigation issues arising from other County projects. For instance: understanding the circumstances that dictate the County buying wetland outside Hennepin County to comply with 'no net loss" provisions for road projects. 4.At your request, work with Wenck Engineering and other third-parties to gain in- kind contributions of services to form a long-term plan to get the Brooklyn Center Little League enough fields to keep the league viable and thriving. Please advise if I've missed anything important to you. Thank you again for all your volunteer work in Brooklyn Center. Sincerely, Mike Opat, CommiSioner Hennepin County Bord of Commissioners cc: David Hough, Hennepin County Administrator Deb Brisk, Assistant Administrator Hennepin County Public Works Steve Gershone, Principal Aide Rosemary Lavin, Hennepin County Environmental Services Randy Anhorn`Hennepin County Public Works Chaster Cooper, Director Hnnepin County Community Corrections & RehabilitationJames MacAllister Hennepirl County Community Corrections/STS June 12, 2015 Page 3 Chris Mavis, Hennepin County Surveyor Curt Boganey, Brooklyn Center City Manager Andrew Hogg, Brooklyn Center Public Works Kristin Johnson City Council Agenda Item No. 8a [S1i1U[SJ I N N Dk4 U'A I M'4 (I]1I WA'AI DATE: November 4, 2016 TO: Curt Boganey, City Mana1 FROM: Tim Gannon, Chief of Police - SUBJECT: Transient Accommodations licensing ordinance Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider adoption of An Ordinance Amending Chapter 23 of the City Code of Ordinances Adding Sections 23-2400 through 23-2414 Requiring Licenses for Transient Accommodations Background: At its October 24, 2016, meeting, the City Council approved first reading of An Ordinance Amending Chapter 23 of the City Code of Ordinances Adding Sections 23-2400 through 23- 2414 Requiring Licenses for Transient Accommodations. Attached are the materials provided at the October 24, 2016, meeting. The second reading and Public Hearing are scheduled for November 28, 2016. Notice of Public Hearing was published in the Brooklyn Center Sun-Post newspaper on November 3, 2016. If adopted, effective date will be December 28, 2016. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of lift for all people and preserves the public trust ES]II[i1 I fl U I Dk'A U'A I hkT4 (I) 1'II aUh!A I DATE: October 18, 2016 TO: Curt Boganey, City ManageO7 FROM: Tim Gannon, Chief of Po1ice- SUBJECT: Transient Accommodations licensing ordinance Recommendation: It is recommended that the City Council consider approving the first reading and set second reading and Public Hearing for November 28, 2016. Background: In 2015, Police staff recognized that the City's hotels and motels were disproportionally taxing police resources through calls for services and the investigation of serious if not violent crimes. For a number of years the police department by means of assigning a specialty police unit and dedicated sector sergeant had intent to mitigate the drain on police resources. The department did see success while actively engaging hotel/motel management. However, due to numerous management turnovers and corporate policy mandates those successes were limited and resulted in a return to excessive police calls and high profile violent crime incidents at the same hotel/motels. With the use of a City Ordinance it's believed that both local hotel/motel management and corporate leadership groups will recognize the necessity to maintain their property in accordance with acceptable City standards. This includes incorporating a best practices model that reduces excessive police- calls and serious crime incidents. The ordinance will utilize a tiered system of violations as compared to the size of or room capacity of each hotel/motel. This model is currently being utilized to monitor and hold rental properties accountable. The hotel/motel ordinance would be added to Chapter 23 General Licensing Regulations. On October 10, 2016, the City Council reviewed a PowerPoint presentation from police staff regarding an ordinance licensing Transient Accommodations. The Council asked for clarification regarding a provision within Type 3 licensed establishments to require background checks on its employees. After review it was clarified within section 23-2411 as follows: Section 23-2411. BACKGROUND CHECKS. A. To the extent a transient accommodation is required by this Section to conduct background checks on its owners, managers, and employees, such background checks must include the following: 1. A Minnesota statewide criminal history check covering at least the last three years, which must be conducted by a company providing criminal history check services utilizing the most recent update of the Minnesota criminal history files; Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [S1t1IJ[iJ IU I I M'A L'A I (I) 1I I1U!Ai 2.A statewide criminal history check from the person's previous states of residence covering the last three years if the person has not resided in Minnesota for at least the three years preceding the history check; and 3.A criminal history check conducted in all seven counties in the Twin Cities metropolitan area (the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington) covering at least the last three years, including all misdemeanor, gross misdemeanor, and felony convictions. B. The transient accommodation shall retain the criminal history check information for the duration of the person's employment, but in no case less than two years, and shall make the information available for inspection upon request by the City manager or the City Manager's designee. Budget Issues: No budgetary impact. Strategic Priorities: Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust CITY OF BROOKLYN CENTER Notice is hereby given that a Public Hearing will be held on the 28th day of November, 2016, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance requiring City licenses for transient accommodations. 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. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES ADDING SECTIONS 23-2400 THROUGH 23-2414 REQUIRING LICENSES FOR TRANSIENT ACCOMMODATIONS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Findings and Intent. 1.01 The level of criminal activity occurring at hotels and motels in the City of Brooklyn Center ("City") is a real and compelling concern to the City Council, residents, visitors, and the hotel and motel industry itself. 1.02 A review of the police service calls regarding criminal activity demonstrates that some hotels and motels in the City are responsible for a disproportionate number of those calls. 1.03 It is reasonable to require those hotels and motels with a higher number of police calls for service to employ certain measures that have been shown to be effective in deterring crime. 1.04 To account for differences in the number of lodging units among the hotels and motels, and to avoid larger properties being disproportionately represented, it is appropriate to consider the number of calls for service based on a per-lodging unit calculation for the purposes of determining the level of license required. 1.05 The City Council determines it is in the best interests of the City to take a proactive approach to deterring and minimizing criminal activity at the City's hotels and motels. 1.06 The City Council desires to encourage and foster cooperation between hotel and motel operators and the police department, so calls for police service initiated by the hotel or motel operator should not be included in the calls for service calculations for the purposes of these regulations. ORDINANCE NO. 1.07 The license required by this ordinance is a business license issued under the City's general police powers and is not intended to regulate items addressed in a Minnesota Department of Health license required of hotels and motels under Minnesota law. Section 2. Brooklyn Center City Code, Chapter 23 is amended to add new Sections 23-.2400 to 23-2414 as follows: TRANSIENT ACCOMMODATIONS Section 23-2400. PURPOSE. It is the purpose of these Sections 23-2400 through 23-2414 to ensure that hotels and motels (referred to in these Sections as "transient accommodations") are taking steps and implementing measures as may be needed to discourage the use of their facilities for criminal activities in order to protect the safety of their guests and the public. Those owning and operating transient accommodations in the City have a responsibility to assure their guests and visitors have accommodations that are safe, secure, free from unreasonable noise, nuisances and threats to their safety and security. Section 23-2401. LICENSE REQUIRED, It is unlawful for any )erson. firm, or corporation to operate a transient accommodation in the City without a transient accommodation license issued pursuant to Sections 23-2400 through 23-2414. A separate license is required for each transient accommodation property. Section 23-2402. DEFINITIONS A."Annual calls for service" - The aggregate total of all calls for service to a transient accommodation property in a calendar year multiplied bythe total number of lodgi n g units in the transient accommodation as determined by the City. B."Call for service" - Includes any of the following: 1.Any report of criminal activity made to the police department from or concerning transient accommodation in connection with an incident occurring at that transient accommodation property, except calls originating from the owner, manager or other agent of the owner of the transient accommodation property: or 2.Any incident observed by police concerning a transient accommodation property and is responded to by a police officer. Only a call for service that is verified by the responding police officer as being a valid call for service regarding criminal activity shall be included in the annual calls for service calculation for the purposes of these Sections 23-2400 through 23-2414. C. "Level I transient accommodation" -.Any transient accommodation whose annual calls for service are less than .20 calls per lodging unit. ORDINANCE NO. D."Level II transient accommodation" - Any transient accommodation whose annual calls for service are at least .20 calls per lodging unit, but less than .40 calls per lodging unit. E."Level III transient accommodation"- Any transient accommodation whose annual calls for service are at least .40 calls per lodging unit or greater. F."Lodging unit" - One self-contained unit within a transient accommodation designated by number, letter. or some other method of identification that is designed or used for overnight accommodations. A lodging unit shall not include areas or rooms not utilized for overnight accommodations such as banquet rooms. meeting rooms, business centers, pooI areas, and workout rooms. G."Police department" - The City of Brooklyn Center Police Department. H."Transient accommodation" - Any facility such as a hotel, motel, condominium, resort, or any other facility or place offering six or more lodging units to guests for periods of less than thirty days, but not including jails, hospitals, care facilities, senior living centers, residential treatment facilities, prisons, detention homes, and similar facilities. I."Transient accommodation property" - Any land containing a facility for transient accommodation including any associated parkina areas, recreation areas, loadina areas, or other amenities, located on the same parcel of property. Section 23-2403. RESTRICTIONS ON ISSUING LICENSES. A transient accommodation license shall not be issued or renewed if any of the following circumstances exist: A.The applicant submits an incomplete license application or fails to submit the required application fee; B.The applicant was not truthful in any of the information provided to the City as part of its request for a license: C.The transient accommodation is not in compliance with the requirements of Sections 23- 2400 through 23-2414, with any condition placed on its current transient accommodation license, or with any applicable federal, state. or local law, rule. reaulation, or ordinance; or D.The transient accommodation property is not in compliance with any applicable, federal, state. or local law, rule. reaulation, or ordinance. Section 23-2404. LICENSING PROCESS AND RENEWAL. A A new transient accommodation shall obtain a transient accommodation license prior to opening for business. A new transient accommodation that had not previously operated within the City shall initially qualify for a Level I transient accommodation license. The ORDINANCE NO. City may charge a reduced license fee for a new transient accommodation license based on the number of months remaining in the particular licensing period. B.On or before February 1st of each year the City will notify each existing transient accommodation in writing of their annual calls for service for the previous year and the level of transient accommodation license for which they must apply. Applications for a license renewal shall be submitted to the City at least 30 days prior to the license expiration date. C.The transient accommodations must obtain the required level of transient accommodation license from the City by no later than May 1st each year. All requirements applicable to the particular level of license and any additional conditions placed on the license must be completed and fully implemented by the licensee by August 1st Failure to comply with the requirements applicable to the license level, or any additional conditions issued by the City Council, shall constitute sufficient grounds for the revocation, suspension. or nonrenewal of the transient accommodation license. Section 23-2405. LICENSE FEE. The fee for a transient accommodations license shall be as set forth by City Council resolution. The City Council may establish a separate fee for each licensing level. Section 23-2406. LICENSE PERIOD. All transient accommodations licenses shall expire on April 30 each year. Section 23-2407. TRANSFER OF LICENSES. A transient accommodation license may be transferred to a new owner of a transient accommodation continuing to operate on the same transient accommodation property for which the license was issued. Written notice of the transfer shall be provided to the City within ten (10) business days after the transfer. The notice shall include the name and address of the person. firm, or corporation taking ownership or control of the transient accommodation. A transient accommodation license shall not be transferred or relocated to a transient accommodation located on a different site. Section 23-2408. LEVEL II TRANSIENT ACCOMMODATION. A Level I transient accommodation is eligible for a transient accommodation license without needing to conpjy with any special requirements beyond complying with any conditions the City Council may impose on the license. The license shall be issued upon application. payment of applicablefe es and proper licensing with all applicable government agencies, including the Minnesota Department of Health. Section 23-2409. LEVEL II TRANSIENT ACCOMMODATION. A Level II transient accommodation is required to meet the following special requirements, designed to deter crime, in order to be eligible for a transient accommodation license, and shall comply with any conditions the City Council may impose on the license. A. Obtain and maintain a record of all guests renting the lodging unit. ORDINANCE NO. B.Submit a management plan to the City detailing steps the establishment intends to take to reduce criminal activity. C.Consult with the police department to obtain such inspection services and advice re g arding crime prevention as may be needed to address the types and calls for service made to the transient accommodation property. D.Consult with the police department to keep apprised of police activity occurring on the transient accommodation property. E.Install and operate a surveillance camera, with a recorder, in the lobby at all times. F. Undergo a police department crime prevention assessment of the transient accommodation property. Section 23-2410. LEVEL III TRANSIENT ACCOMMODATIONS. Level III transient accommodations are required tomeet the following special requirements, designed .to deter crime, to be eligible for a transient accommodation license, and shall comply with any conditions the City Council may impose on the license. A.Conform to the special requirements set forth in Sections 23-2409 for a Level II transient accommodation. B.Conduct background checks on all owners, managers. and employees of the transient accommodations. C.Hold semi-annual employee training sessions assisted by the police de ailment. D.Provide 24-hour front desk personnel. E Enforce the following anest rules: 1. Lodging units cannot be rented for less than a six-hour period: 2 Prohibit guests from producing loud noises that unreasonably disturb the tranquility of the other guests or those adjacent to the transient accommodation property; and a. Alcohol may not be consumed in common areas except for designated banquet or reception rooms or areas. L Issue parking passes to all vehicles allowed to park on the transient accommodation property, with each pass marked with an issue date and expiration date. U. Remove all graffiti and repair all vandalism within seven (7) days of occurrence. ORDINANCE NO EL Install lighting in all common areas with minimum maintained lighting-of 1.5 foot- candles at around level. I.Install and operate video monitoring equipment in all parking lots on the transient accommodation property that are monitored and recorded at the front desk at all times. J.Have a licensed, armed, and uniformed security guard on the premises every day from 6:00 p.m. until 6:00 a.m. K Submit to scheduled semi-annual audits by the City to verify compliance with the above- referenced requirements. Section 23-2411. BACKGROUND CHECKS. A. To the extent a transient accommodation is required by this Section to conduct background checks on its owners, managers, and employees, such background checks must comply with and include the following: L A Minnesota statewide criminal history check covering at least the last three years. which must be conducted by a company providing criminal history check services utilizing the most recent update of the Minnesota criminal history files; 2.A statewide criminal history cheek from the person's previous states of residence covering the last three years if the person has not resided in Minnesota for at least the three years preceding the history check: and 3.A criminal history check conducted in all seven counties in the Twin Cities metropolitan area (the counties of Anoka, Carver, Dakota. Hennepin, Ramsey, Scott. and Washington) covering at least the last three years, including all misdemeanor. gross misdemeanor, and felony convictions. B. The transient accommodation shall retain the criminal history check information for the duration of the person's employment, but in no case less than two years, and shall make the information available for inspection upon request by the City Manager or the City Manager's desianee. Section 23-24t2. REVOCATION AND SUSPENSION OF LICENSE. A transient accommodation license may be revoked, suspended, or not renewed by the City Council. upon recommendation of the City Manager, in accordance with this Section. A The City Council may revoke, suspend, or not renew a transient accommodation license upon any of the followina grounds: L A false statement, misrepresentation, or fraudulent statement on any application or other information or report required by these Sections 23-2400 through 2.3-2414- ORDINANCE NO. 2.Failure to pay the application fee, fine, penalty, reinstatement fee, special assessment, real estate taxes, or other financial claim due to the City under this Code; 3.Failure to comply with any of the special requirements imposed in Sections 23-2400 through 23-2414 applicable to the particular license level: 4.Failure to comply with any of the conditions placed on the license by the City Council: 5.Failure to implement the management plan, if one is reciuired, for the transient accommodation 6. Failure to continuously comply with any zoning, health, building, nuisance, or other City Codes, including failing to comply with any corrective orders issued within the time specified in the order; 2. Failure to obtain or maintain any licenses required for the transient accommodati o n; or 8. Failure to comply with any other applicable federal, state, or local law. rule, regulation, or ordinance. B.A decision to revoke, suspend. or not renew a transient accommodation license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity to request a hearing before the city Council before final action is taken to revoke, suspend. or not renew the license. An .applicant or licensee waives its right to a hearing if it fails to submit a written request for a hearing to the City within ten (10) days of the issuance of the written notice. If a request for a hearing is received, the City Council shall conduct a hearing at the next regularly scheduled City Council meeting and provide the applicant or licensee an opportunity to be heard. C.The written decision to revoke, suspend. or not renew a transient accommodation licens e shall identify the specific grounds for the decision. Upon issuance of the written decision, no lodging unit within the transient accommodation may be offered or used for any period of time by guests until a new transient accommodation licenses is issued. Section 23-2413. REAPPLICATION AFTER LICENSE ACTION. Reapplication for a transient accommodations license after the City Council has revoked, suspended. or not renewed a license shall be in accordance with this Section. 1. A transient accommodation license may be suspended for up to ninety (90) days and may, after the period of suspension. be reinstated subject to compliance with these Sections 23-2400 through 23-2414 and any conditions imposed by the City Council at the time of suspension. ORDINANCE NO. 2 A transient accommodation license revoked or not renewed by the City Council will not be reinstated or issued until the owner has applied for and secured a new transient accommodation license and complied with all conditions imposed at the time of revocation or nonrenewal. The City Council may impose a period following th e revocation or nonrenewal of the owner's previous license during which a new transient accommodation license may not be submitted. A decision not to renew a transient accommodation license may take the form of a suspension or revocation. 3.An application for a new transient accommodation license following the revocation. suspension. or nonrenewal of the license must be accompanied by a reinstatement fee. as specified by City Council resolution. in addition to all other application and related fees. 4.The conditions of approval of any subsequent application for a license to operate a transient accommodation on the same property following a period of revocation or denial of renewal of a transient accommodation license shall be based upon the transient accommodation property's history of annual calls for service prior to the revocation or non-renewal. .5. No subsequent application for a transient accommodation license on the same propy following a period of revocation or nonrenewal shall not be approved unless the applicant presents a corrective action plan that is approved by the City to help ensure the conditions and causes of the prior revocation or nonrenewal are appropriately addressed. Implementation of. and compliance with, the corrective action plan shall be a condition of the license. Section 23-2414. VIOLATIONS. A Any person, firm. or corporation who violates any provision of this Section is, upon conviction, guilty of a misdemeanor. The penalty that may be imposed for a misdemeanor is a sentence of not more than 90 days or a fine of not more than $1,000. or both. Each day upon which a violation of these Sections 23-2400 through 23-2414 occurs constitutes a separate offense. B. Nothing in this Section shall be construed as a waiver of any applicable state license requirements or from compliance with any applicable civil and criminal laws. Section 3. Initial Licenses. Persons, firms, and corporations currently operating a transient accommodation within the City of Brooklyn Center shall obtain a transient accommodation license from the City within 45 days from the effective date of this ordinance. The level of transient accommodation license will be calculated based on the annual calls for service from the previous year. Licenses for subsequent years must be obtained in accordance with the timelines established in this ordinance. The City will charge a reduced license fee for the initial licenses based on the number of months remaining in the licensing period. ORDINANCE NO. Section 4. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 2016. 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I.- MIE [SJTizitu r1!V.4 IIS ru r COUNCIL IITEM MEMORANDUM DATE: November 22, 2016 TO: Curt Boganey, City Manager THROUGH: Steve Lillehaug, Director of Public Works/City Engineer FROM: Mike Albers, Project Engineer SUBJECT: Public Hearings for Evergreen Park Area Improvements: Resolution Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Storm Drainage, Utility and Trail Improvements Resolution Certifying Special Assessments for Improvement Project Nos. 2017-01 and 2017-02, Evergreen Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls Recommendation: It is recommended that the City Council approve the attached resolutions ordering the Evergreen Park Area Street, Storm Drainage, Utility and Trail Improvements; authorizing preparation of project plans and specifications; and certifying special assessments for the project to the Hennepin County Tax Rolls. Background: A series of two public hearings are scheduled on November 28, 2016. The first hearing is to consider ordering improvements and authorize preparation of plans and specifications for Improvement Project Nos. 2017-01, 02, 03, 04 and 05. The second hearing is to consider certification of proposed special assessments for street and storm drainage improvements for Improvement Project Nos. 2017-01 and 2017-02. All potentially affected property owners have been notified by mail of the date of the public hearings and the amount of the proposed special assessments. I. Explanation of Improvements The proposed project includes roadway, storm drainage, utility, sidewalk and trail improvements for the residential neighborhood area commonly referred to as the Evergreen Park Area. The project was previously established by the City Council on May 9, 2016, by Resolution 2016-70. On October 24, 2016, the City Council received the project feasibility report and called for a public hearing to be held on November 28, 2016, to consider these improvements. The project feasibility report provides a description of the recommended improvements for the neighborhood and an estimated project budget. The proposed improvements are as follows: 1. Street Improvements - Full street reconstruction of all streets (except 69th170th Avenue) including regrading, base preparation, installation of concrete driveway aprons, bituminous paving, installation of concrete curb and gutter, replacement of street signs, replacement of free-standing street lights with LED light fixtures and boulevard restoration. The sidewalks along 70th Avenue west of Dupont Avenue, 72 Mission: Ensuring an allractn'e, clean, safe, inclusive coin ununil j' that enhances the quality of life for al/people and preseuu es die pu bile trust iEI1IJ1[iJ I N I IA UhYA I kYA (I] 1I 1IL'A I Avenue, Emerson Avenue and Emerson Lane will be replaced. A new 6-feet sidewalk located along the south side of 70th Avenue from 270-feet west of Camden Avenue to Trunk Highway (TH) 252 and along the east side of Camden Avenue from 72d Avenue to 73 d Avenue is proposed. A new 8-feet bituminous trail located along the south side of 72nd Avenue from Bryant Avenue to Camden Avenue and along the west side of Camden Avenue from 70th Avenue to 72 nd Avenue is proposed. Partial street reconstruction of 69 th /70 th Avenue includes base preparation, bituminous paving and miscellaneous repairs of concrete curb and utter, sidewalks and driveway aprons. The bituminous path along the north side of 69 ,70th Avenue from Dupont Avenue to TH 252 will be replaced. 2. Storm Drainage Improvements - Includes the installation of new storm sewers and installation of concrete curb and gutter on all streets except 69 th /70 th Avenue, and repair and replacement of existing storm sewers, installation of new and repair and replacement of existing catch basins and manholes on 6 9 th 170th Avenue. Proposed water quality improvements include installing underground water treatment structures (grit chambers) that will remove sediment, litter and other contaminants prior to discharging from the project area. Other water quality improvements may include construction of a storm water treatment facility to treat regional storm water runoff prior to discharging to the Mississippi River, installing infiltration trenches within the street right-of-way, pervious pavement in certain areas of the Evergreen Park parking lots and an underground infiltration system in Evergreen Park near 70th Avenue. Water Main Improvements - Includes the replacement of approximately 80 percent of the existing water main pipes and installation of new valves, hydrants and water services to the shut off valve where impacted. Insulation will be installed on services in areas where properties have experienced frozen water service in the past. Recommended water main improvements also include installing new water main on 72 nd Avenue from Humboldt Avenue to Fremont Avenue and looping the water main on Bryant Avenue south of 72nd Avenue to remove long water services and improve the circulation. 4. Sanitary Sewer Main Improvements - Includes complete replacement of sanitary sewer pipe, access structures and residential sewer services to the property lines. The 15-inch diameter trunk line that runs along 70th Avenue from Humboldt Avenue to the east side of TH 252 is proposed to be lined with a cured in-place pipe liner. II. Summary ofAssessments Special assessments are proposed as one of several funding sources for the improvements located within the Evergreen Park Area. On October 24, 2016, the City Council adopted the 2017 special assessment rates for street and storm drainage improvements for residential zoned properties. The 2017 rates were established in accordance with the City's Special Assessment Policy. The feasibility report includes a preliminary assessment roll identifying approximately 211 non- subdividable residential properties that are zoned "RI", 1 subdividable residential property that is zoned "RI", 2 subdividable church properties that are zoned "Ri", 1 multi-family property with 8 units that is zoned "R3", 2 multi-family properties that are zoned "R4" and 2 multi-family Mission: Ensuring an at/rae/ne, c/coil, safe, inclusive community that enhances the quality of life Jar al/people and preserves the public trust i1IJ[ I I MA U I IkA [I] 1AWI WWAI properties that are zoned "R5". See the attached revised Appendix D—Final Assessment Roll and Figure 7—Assessment Map from the project feasibility report. Assessments for Full Street Reconstruction (All streets except 69 th /70 th Avenue) Special assessments for non-subdividable single-family residential properties that are zoned RI were calculated at full unit assessment rates of $4,234 for street improvements and $1,270 for storm drainage improvements. Other RI zoned properties that are larger than the standard single- family lot including 1200 69th Avenue and 1107 Emerson Lane were assessed based on computing a maximum number of subdividable lots times the full RI unit assessment amount for street and storm drainage improvements. The multi-family properties located at 1302 69th Avenue, 7200 Camden Avenue and 6920 Humboldt Avenue that are zoned R4 and R5 were assessed based on an acreage basis for street and storm drainage improvements. Assessments for Partial Street Reconstruction (69 th /70 th Avenue) Special assessments for non-subdividable single-family residential properties that are zoned RI were calculated at the partial unit assessment rates of $3,176 for street improvements. Other RI zoned properties that are larger than the standard single-family lot including 800 691h Avenue was assessed based on computing a maximum number of subdividable lots times the partial RI unit assessment amount for street improvements. The multi-family properties (Evergreen Estates Association) that are zoned R3 were assessed based on unit assessments prorated per total lot frontage for street improvements. The multi-family property located at 407 69th Avenue that is zoned R4 was assessed based on an acreage basis for street improvements. The owners of residential properties located at the intersection of public streets (a corner property) were given the choice to accept the street improvement assessments for the Evergreen Park Area Reconstruction Project or they could choose to wait until such time as the corner street (Colfax Avenue) is reconstructed in 2018. Both property owners on Colfax Avenue will be assessed with the Evergreen Park Area Reconstruction Project. Other corner properties owners' choices were determined as part of other past adjacent projects. Public Comments A property owner may choose to appeal or object to a special assessment. If an owner files an appeal with the City Clerk prior to the public hearing, or should any person appear at the public hearing and object to an assessment, staff recommends that the City Council refer any substantive objections to staff for a report back to the City Council at a continued public hearing. An example might be an issue whereby staff would need to research the history of a particular complaint and assemble documentation. The City Council should consider removing the objection related assessment from the proposed levy roll and adopting the remaining proposed assessments. If an appeal for a specific property is actually filed with district court, the City Attorney will advise the City Council of options for handling the dispute and potential litigation issues. Currently, staff is not aware of any substantive objection and recommends approval accordingly. Public comments were included in the Feasibility Study (Appendix B). Staff has not received any additional comments; however, staff received one incuiry from a resident requesting an additional mid-block street light on Girard Avenue between '7O and 72uid Avenues. In accordance with City Policy, in j d-block street lights may be installed where the block exceeds 700-feet in length upon receipt of a petition signed by a majority of the residents on the block, including signatures of the residents adjacent to the specific location where such mid-block light is requested. Staff has Mission: Ensuring an atIiacfn'e, clean, safe, inclusive coJinnuni/' that enhances the qlui/itj' of life for al/people and preserves the public trust [i[I1IJ[iJI I I k'IUh'A I 31 [I) 1I IUhYA I provided the resident with a petition form. Should the appropriate petition be received, the additional lighting will be included as part of the project lighting improvements. Payment Options Available to Property Owners Once an assessment roll is adopted by the City Council, the owner of each property has the following payment options: Pay the entire amount of the special assessment, without interest, between March 1 and September 30, 2017. 2. From October 1, 2017, to the end of the business day on November 22, 2017, a property owner may pay the total assessment, with interest calculated from October 1, 2017, to the date of payment. A property owner may pay the assessment over a 10-year period. The first payment will be due with taxes in 2018. The total principle will be payable in annual installments. Interest at 3.5 percent is paid on the unpaid balance. 4. Partial prepayments (such as paying half now and certifying the balance) are not allowed under the City's current Assessment Policy. III. Recommended Council Procedure First Public Hearing to Order Improvements: Staff recommends that a presentation be provided to the City Council prior to holding the first public hearing. Following the presentation, a public hearing to consider ordering the Improvement Project should be conducted to receive public comments. Public comments concerning special assessments should be deferred to the second public hearing. A resolution ordering the improvements and authorizing preparation of the plans and specifications is provided for City Council consideration upon closing of the first public hearing. Second Public Hearing for Special Assessments: After taking action on the first proposed resolution to order the project, it is recommended that the City Council then conduct a second public hearing on the proposed special assessments. The attached resolution certifying special assessments for street and storm drainage improvements for Improvement Project Nos. 2017-01 and 2017-02 to the Hennepin County tax rolls is provided for City Council consideration upon closing of the second public hearing. Budget Issues: The proposed street and utility improvements are included in the 2017 Capital Improvement Program for the City of Brooklyn Center. The total project cost is estimated to be $11,927,000. Funding sources for the project are budgeted from sources as described in the project feasibility report previously accepted by the City Council on October 24, 2016. The special assessment rates were adopted by the City Council on October 24, 2016, and funding source amounts that are included in the feasibility study are amended as follows as a result of minor special assessment revisions: IWissioji: Ensuring an attractive, clew!, safe, inclusive conununitr that enhances the quality of life for all people and preserves the public trust I[I1IJ[iJ I fl I U Uk'iIDkYA(I) 1iI I1UYA I Feasibility Report (10/18/16)Amended (11/22/16) Special Assessments $1,436,865.29 $1,422,897.29 Sanitary Sewer Utility Fund $2,060,000.00 $2,060,000.00 Water Utility Fund $2,363,000.00 $2,363,000.00 Storm Drainage Utility Fund $1,476,119.71 $1,483,739.71 Street Light Utility Fund $120,000.00 $120,000.00 Street Reconstruction Fund $3,137,015.00 $3,143,363.00 Municipal State Aid (MSA) Fund $680,000.00 $680,000.00 Capital Projects Fund $378,608.00 $378,608.00 Federal Safe Routes to School Grant $275,392.00 $275,392.00 Total $11,927,000.00 $11,927,000.00 Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive coinmun ii that enhances the qnallt,' of life for all people aiidpreseri'es the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04 AND 05, EVERGREEN PARK AREA STREET, STORM DRAINAGE, UTILITY AND TRAIL IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on May 9, 2016, authorized consideration of street, storm drainage and utility improvements in the area generally described as "EVERGREEN PARK AREA", more specifically described as follows: Aldrich Court from 72nd Avenue N to 200' north of 72 d Avenue N; Bryant Avenue N from 330' south of 72 d Avenue N to Woodbine Lane; Camden Avenue N from 70 th Avenue N to 73rd Avenue N; Emerson Avenue N from Emerson Lane to Woodbine Lane; Emerson Lane from Dupont Avenue N to Emerson Avenue N; Fremont Avenue N from 70th Avenue N to 73'd Avenue N; Girard Avenue N from 70 th Avenue N to 73rd Avenue N; Woodbine Lane from Camden Avenue N to Emerson Avenue N; 69 th /70 th Avenue from Dupont Avenue N to Trunk Highway 252; 70 th Avenue N from Emerson Avenue N to Humboldt Avenue N; and 72 nd Avenue N from Camden Avenue N to Humboldt Avenue N; and WHEREAS, the City Council has received and accepted a feasibility report for said proposed improvements, as prepared under the City Engineer's supervision; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on October 24, 2016, adopted a resolution setting a date for a public hearing regarding the proposed improvements for the Evergreen Park Area; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on November 28, 2016, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the City Council has considered all comments, testimony, evidence and reports offered at or prior to the November 28, 2016, hearing; and WHEREAS, the City reasonably expects to spend monies from the Infrastructure Construction Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax-exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments or utility fees. The maximum amount of special assessment obligations expected to be issued for such project is $1,422,897.29; and WHEREAS, the City Engineer is prepared to develop plans and specifications for said public improvement project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: Improvement Project Nos. 2017-01, 02, 03, 04 and 05, Evergreen Park Area Street, Storm Drainage, Utility and Trail Improvements, are hereby ordered and the City Engineer is authorized to prepare plans and specifications for said improvements. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulations and any successor law, regulation, or ruling. This resolution will be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. ovember 28, 2016 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2017-01 AND 2017-02, EVERGREEN PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed Special Assessment Levy Nos. 19590 and 19591; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Engineer and City Clerk, tabulating those properties where street improvement and storm drainage costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Such proposed assessments, Special Assessment Levy No. 19590 for street improvements and Special Assessment Levy No. 19591 for storm drainage improvements, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period often (10) years as indicated on the assessment roll. The first of the installments shall be payable with ad valorem taxes in 2018, and shall bear interest on the entire assessment at the rate of 3.5 percent per annum from October 1, 2017, through December 31, 2018. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, to the City Treasurer, without interest, if the entire assessment is paid on or before September 30, 2017. After September 30, 2017, he or she may pay the total assessment, plus interest. Interest will accumulate from October 1, 2017, through the date of payment. Such payment must be made by the close-of-business November 22, 2017, or interest will be charged through December 31 of the succeeding year. If the owner wishes to pay off the balance at some point in the future, such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. November _28,_2016 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 CDCaJ —0 z 001 La -1 N OU0L(L 9CL LCL 91L ::'':\ 818 w 619 0(8 w B2 Sze- \C'ç -LUO_0 L06 i:3- t'??/ '9 0Z(16 LU CtZL ofl AV172 I.- AV N A G NVO iz z (0 a)Ea)>00 E ci H co I (I) (Ou(fl0) I . 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CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL November 28, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY# STREET LEVY#STORM NOTES 2511921340020 800 69TH AVE N 19590 $ 9528.00 19591 $ - Subdividable Ri = 3 equivalent parcels 2511921330086 1200 69TH AVE N 19590 $ 25,404.00 19591 $ 7,620.00 Special Use RI = 6 equivalent parcels 2511921330045 1302 69TH AVE N 19590 $ 24,387.50 19591 $ 10,459.76 Multi Family R5 (A) 46,487.80 sf, (B) 38,835.19sf 2511921430049 407 170TH AVE N 19590 $ 58,735.22 19591 $ - Multi Family R4 (A' 167,384.49 sf, (B) 79,556.08sf 2511921340010 857 170TH AVE N 19590 $ 2,064.46 19591 $ -Family R3, Unit Rate 2511921340009 861 170TH AVE N 19590 $ 2,064.46 19591 $ -Family R3, Unit Rate 2511921340012 865 170TH AVE N 19590 $ 2,064.46 19591 $ -Family R3, Unit Rate 2511921340011 869 170TH AVE N 19590 2064.46 19591 $ -Family R3, Unit Rate 2511921340013 873 7OTH AVE N 19590 $ 2,064.46 19591 $ -Family R3, Unit Rate 2511921340014 877 70TH AVE N 19590 $ 2,064.46 19591 $ -Family R3, Unit Rate 2511921340015 881 70TH AVE N 19590 2,064.46 19591 $ -Family R3, Unit Rate 2511921340016 885 70TH AVE N 19590 . 2,064.46 19591 1 $ -Multi Family R3, Unit Rate 2511921310078 730 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310077 736 72ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310093 800 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921310092 806 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921310042 820 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921310037 900 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921310036 906 172ND AVE N 19590 $ 4,234.00 19591 1 $1,270.00 2511921310066 1005 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921310053 1006 172ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310065 1009 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921310054 1012 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921310064 1013 172ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320105 1106 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320092 1107 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320081 1200 172ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320082 1206 72ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320089 1207 72ND AVE N 19590 1 $ 4,234.00 19591 $1,270.00 2511921320083 1212 72ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320021 1300 72ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320043 1301 72ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320022 1306 72ND AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320042 1307 172ND AVE N 19590 4,234.00 19591 $1,270.00 2511921320023 1312 172ND AVE N 19590 4,234.00 19591 $1,270.00 2511921320033 1400 172ND AVE N 19590 4,234.00 19591 $ 1,270.00 2511921320036 1401 172ND AVE N 19590 4,234.00 19591 $ 1,270.00 2511921320034 1406 172ND AVE N 19590 p 4,234.00 19591 $ 1,270.00 2511921320035 1407 172ND AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320060 1411 172ND AVE N -19590 $ 4,234.00 19591 $ 1,270.00 2511921310041 7206 JALDRICH CT -19590 $ 4,234.00 19591 $ 1,270.00 2511921310040 7212 JALDRIGH CT -19590 $ 4,234.00 19591 $ 1,270.00 2511921310039 7218 JALDRICH CT -19590 $ 4,234.00 19591 $ 1,270.00 2511921310038 7224 ALDRICH CT -19590 $ 4,234.00 19591 $ 1,270.00 2511921310069 7101 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310068 7107 BRYANT AVE N 19590 $ 4,234.00 19591 ' 1,270.00 2511921310067 7113 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310035 7200 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310052 7201 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310051 7207 1 BRYANT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921310034 7208 BRYANT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921310050 7213 BRYANT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921310033 7216 BRYANT AVE N 19590 $ 4,234.00 119591 1,270.00 2511921310049 7219 BRYANT AVE N 119590 $ 4,234.00 119591 1,270.00 1 2511921310032 7224 BRYANT AVE N 119590 $ 4,234.00 119591 1,270.00 1 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL November 28, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 2511921310048 7225 BRYANT AVE N 19590 $ 4234.00 19591 1,270.00 2511921310031 7230 BRYANT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921310047 7231 BRYANT AVEN 19590 $ 4,234.00 1,270.00 2511921310030 7236 BRYANT AVE N 19590 $ 4,234.00 1,270.00 2511921310046 7237 BRYANT AVEN 19590 $ 4,234.00 -19591 1,270.00 2511921310029 7242 BRYANT AVE N 19590 $ 4,234.00 -1,270.00 2511921310045 7243 BRYANT AVE N 19590 $ 4,234.00 $ 1,270.00 2511921420059 7200 CAMDEN AVE N 19590 $538029000 _ $230759700 Multi Family R4 (A) 102,559.86 sf, (B) 153,364.12sf 2511921310084 7211 CAMDEN AVE N 19590 4,234.00 -$1,270.00 2511921310083 7217 CAMDEN AVE N 19590 4,234.00 -$1,270.00 2511921310082 7223 ICAMDEN AVE N 19590 4,234.00 19591 -$1,270.00 2511921310081 7229 CAMDEN AVE N 19590 4,234.00 19591 $1,270.00 2511921310080 7235 CAMDEN AVE N 19590 4,234.00 19591 $ 1,270.00 2511921420009 7236 CAMDEN AVE N 4,234.00 19591 $1,270.00 2511921420008 7242 CAMDEN AVE N 19590-4,234.00 19591 $1,270.00 2511921420007 7250 CAMDEN AVE N 19590 , 4,234.00 19591 $ 1,270.00 3611921210013 6843 COLFAX AVE N 19590 $ 3,176.00 19591 $ -Corner Property 3611921210020 6844 COLFAX AVE N 19590 $ 3,176.00 19591 $ -Corner Property 3611921210067 6842 DUPONT AVE N 19590 $ 3,176.00 19591 $ - 2511921330016 6920 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330017 6926 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330018 7000 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330033 7001 EMERSON AVE N 19590 $ 4,234.00 119591 $ 1,270.00 2511921330019 7006 EMERSONAVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330032 7007 JEMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 - 2511921330020 7012 EMERSONAVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330031 7013 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330021 7018 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330030 7019 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330022 7024 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330029 7025 EMERSON AVE N 19590=$ 4,234.00 19591 $ 1,270.00 2511921330023 7030 1 EMERSON AVE N 19590 -$ 4,234.00 19591 $ 1,270.00 2511921330028 7031 EMERSONAVE N 19590-$ 4,234.00 19591 $ 1,270.00 2511921330024 7036 EMERSONAVE N 19590 -$ 4,234.00 19591 $ 1,270.00 2511921330027 7037 EMERSON AVE N 19590 -4,234.00 19591 $ 1,270.00 2511921330025 7042 EMERSON AVE N 19590-4,234.00 19591 $ 1,270.00 2511921330026 7043 EMERSON AVE N 19590 4,234.00 19591 $ 1,270.00 2511921320093 7048 EMERSON AVE N 19590 4,234.00 19591 $ 1,270.00 2511921320088 7049 1 EMERSON AVE N 19590 4,234.00 -19591 $ 1,270.00 2511921320106 7200 EMERSON AVE N 19590 4,234.00 -19591 $ 1,270.00 511921320107 7206 EMERSON AVE N 19590 4,234.00 19591=$1,270.00 511921320080 7207 EMERSON AVE N 19590 $ 4,234.00 19591 $ 1,270.00 511921320108 7212 EMERSON AVE N 19590 $ 4,234.00 -19591 $1,270.00 511921320079 7213 EMERSON AVE N 19590 $ 4,234.00 -19591 $1,270.00 511921320109 7218 EMERSONAVE N 19590 $ 4,234.00 19591=1,270.00 511921320078 7219 EMERSON AVE N 19590 $ 4,234.00 19591 -1,270.00 2511921320110 7224 EMERSON AVE N 19590 $ 4,234.00 19591 -1,270.00 2511921320077 7225 EMERSON AVE N 19590 $ 4,234.00 19591 -1,270.00 2511921320111 7230 EMERSONAVE N 19590 $ 4,234.00 119591 -1,270.00 2511921320076 7231 EMERSON AVE N 19590 $ 4,234.00 19591 -1,270.00 2511921320112 7236 EMERSON AVE N 19590 $ 4,234.00 19591 -1,270.00 2511921320075 7237 EMERSON AVE N 19590 $ 4,234.00 1,270.00 2511921320113 7242 EMERSON AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320074 7243 EMERSON AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320094 7248 EMERSON AVE N 19590 $ 4,234.00 19591 ,270.00 2511921320073 7249 EMERSON AVE N 19590 $ 4,234.00 19591 1:$:::i ,270.00 - 2511921330014 1106 EMERSON LA 19590 $ 4,234.00 119591 $ 1,270.00 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL November 28, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY4 STREET LEVY#STORM NOTES 2511921330085 1107 EMERSON LA 19590 $ 8,468.00 19591 $ 2,540.00 Special Use RI = 2 equivalent parcels25119213300151112EMERSON LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921330034 7000 FREMONT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921330065 7001 FREMONT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921330035 7006 IFREMONT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921330064 7007 FREMONT AVE N 19590 $ 4,234.00 T9591-. 1,270.00 2511921330036 7012 FREMONT AVE N 19590 $ 4,234.00 19591-$ 1,270.0025119213300637013FREMONT AVE N 19590 $ 4,234.00 19591 -$ 1,270.00 2511921330037 7018 FREMONT AVE N 19590 $ 4,234.00 19591 -$ 1,270.00 2511921330062 7019 FREMONT AVE N 19590 $ 4,234.00 19591 1 $ 1,270.00 2511921330038 7024 FREMONT AVE N 19590 1 $ 4,234.00 19591 $ 1,270.0025119213300617025IFREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330039 7030 FREMONT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921330060 7031 FREMONT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921330040 7036 FREMONT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921330059 7037 FREMONT AVE N 19590 $ 4,234.00 19591 . 1,270.00 2511921330041 7042 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330058 7043 FREMONT AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921320090 7048 IFREMONT AVE N 19590 $4,234.00 19591 $1,270.0025119213200477101FREMLNT AVE N 19590 $ 4,234.00 19591 $1,270.0025119213200467107FREMOIT AVEN 19590 $4,234.00 19591 $1,270.00 2511921320045 7113 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320084 7118 FREM(irJT AVE N 19590 4,234.00 19591 $ 1,270.00 2511921320044 7119 FREMCJJT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320085 7124 FREMCJL'JT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320086 7130 JFREMONT AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320087 7136 FREMON1 AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320008 7200 FREM(N1 AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320020 7203 FREMON1 AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320015 7205 F-1 AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320016 7207 FREMGi'Jl AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320009 7208 FREMCN1 AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320014 7215 IFREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320004 7216 FREMONT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320013 7223 Friv'fl AVE N 19590 $ 4,234.00 119591 $ 1,270.00 2511921320005 7224 FREM O NT AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320012 7229 Frivji'J1 AVE N 19590 $ 4,234.00 19591 -$ 1,270.00 2511921320006 7232 Fr.rv'J1 AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320125 7235 FREMONT AVE N 19590 $ 4,234.00 19591 -$ 1,270.00 2511921320124 7240 1 FREMONTAVE N 19590 $ 4,234.00 19591 -$1,270.00 2511921330066 7000 GIRARD AVE N 19590 $ 4,234.00 19591 -$1,270.00 2511921330057 7001 GIRARD AVE N 19590 $ 4,234.00 119591 -$1,270.00 2511921330067 7006 GIRARD AVE N 19590 $ 4,234.00 119591 -$1 .270.00 2511921330056 7007 GIRARD AVE N 19590 $ 4,234.00 19591 -$1270.00 2511921330068 7012 GIRARD AVE N 19590 $ 4,234.00 1 9591 -$1270.00 2511921330055 7013 GIRARD AVE N 19590 $ 4,234.00 19591 $1270.00 2511921330069 7018 IGIRARD AVE N 19590 $ 4,234.00 19591 $1270.00 2511921330054 7019 GIRARD AVE N 19590 $ 4,234.00 19591 $1270.00 2511921330070 7024 GIRARD AVE N 19590 $ 4,234.00 19591 $1,270.00 2511921330053 7025 GIRARD AVE N 19590 $ 4,234.00 119591 $1,270.00 2511921330071 7030 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330052 7031 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330072 7036 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330051 7037 IGIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330073 7042 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330050 7043 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320048 7100 GIRARD AVE N 19590 $ 4,234.00 11 9591 $ 1,270.00 2511921320040 7101 GIRARD AVE N 19590 $ 4,234.00 119.591 $ 11270.00 CITY OF BROOKLYN CENTER FINAL ASSESSMENT ROLL November 28, 2016 2017 EVERGREEN PARK AREA RECONSTRUCTION IMPROVEMENT PROJECT NOS. 2017-01 AND 02 PROPERTY ID HOUSE STREET NAME LEVY#STREET LEVY#STORM NOTES 2511921320049 7106 GtRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320039 7107 GIRARD AVE N 19590 $ 4234.00 19591 $ 1,270.00 2511921320050 7112 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320038 7113 GIRARD AVE N 19590 $ 4234.00 19591 $ 1,270.00 2511921320051 7118 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921320037 7119 GIRARD AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320041 7124 GIRARD AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320024 7202 GIRARD AVE N 19590 $ 4,234.00 19591 1,270.00 2511921320032 7203 GIRARD AVE N 19590 4,234.00 1 591 .1,270.00 2511921320121 7206 GIRARD AVE N 19590 4,234.00 19591 $1,270.00 2511921320031 7207 GIRARD AVE N 19590 4,234.00 19591 $1,270.00 2511921320120 7210 IGIRARD AVE N 19590 4,234.00 19591 $1,270.00 511921320030 7211 GIRARD AVE N 19590 4,234.00 19591 $1,270.00 511921320119 7214 GIRARD AVE N 19590 . 4,234.00 19591 $ 1,270.00 2511921320029 7215 GIRARD AVE N 19590-$ 4,234.00 19591 $ 1,270.00 2511921320118 7218 G RARD AVE N -19590 $ 4,234.00 19591 $ 1,270.00 2511921320028 7219 GRARD AVE N -19590 $ 4,234.00 19591 $ 1,270.00 2511921320117 7224 GRARD AVE N -19590 $ 4,234.00 19591 $ 1,270.00 2511921320027 7225 IGIRARD AVE N -19590 $ 4,234.00 19591 $ 1,270.00 2511921320116 7230 G RARDAVE N -19590 $ 4,234.00 19591 $ 1,270.00 2511921320026 7231 GIRARD AVE N 19590-$ 4,234.00 19591 $ 1,270.00 2511921320115 7236 GIRARD AVE N -19590 $ 4,234.00 19591 $ 1,270.00 2511921320025 7237 GIRARD AVE N 19590 $ 4,234.00 19591 $ 1,270.00 2511921330046 6920 HUMBOLDT AVE N 19590 $19,595.7000 19591 $84045600 Multi Family R5 (A) 37,353.60 sf, (B) 2,659.65 s: 2511921330081 7000 HUMBOLDT AVE N 19590 4,234.00 19591 $ 1,270.00 - 2511921320059 7200 HUMBOLDT AVEN 19590 4,234.00 19591 $1,270.00 2511921310073 730 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310075 731 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310072 736 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310076 737 WOODBINE LA 19590 4,234.00 119591 $1,270.00 2511921310089 800 WOODBINE LA 19590 4,234.00 119591 $1,270.00 2511921310090 801 IWOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310088 806 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310091 807 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310012 818 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310024 819 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310011 824 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310025 825 WOODBINE LA 19590 4,234.00 119591 $1,270.00 2511921310023 900 IWOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310026 901 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310022 906 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310027 907 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310021 912 WOODBINE LA 19590 4,234.00 19591 $1,270.00 2511921310028 913 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310020 918 WOODBINE LA 19590 $ 4,234.00 119591 $ 1,270.00 2511921310019 1000 IWOODBINE LA 19590 1 $ 4,234.00 19591 $ 1,270.00 2511921310018 1006 WOODBINE LA .19590 $ 4,234.00 19591 $ 1,270.00 2511921310017 1012 WOODBINE LA 19590 $ 4,234.00 19591 $ 1,270.00 2511921310044 1013 WOODBINE LA 19590 -4,234.00 19591 $ 1,270.00 2511921310043 1019 WOODBINE LA 19590 4,234.00 19591 $ 1,270.00 2511921320068 1106 WOODBINE LA 19590 4,234.00 19591 $ 1,270.00 2511921320095 1107 WOODBINE LA 19590 4,234.00 119591 $ 1,270.00 2511921320069 1112 IWOODBINE LA 19590 4,234.00 19591 $ 1,270.00 2511921320070 1200 WOODBINE LA 19590 4,234.00 119591 $ 1,270.00 2511921320071 1207 IWOODBINE LA 19590 4,234.00 119591 $ 1,270.00 1 2511921320072 1213 IWOODBINE LA 19590 4,234.00 119591 $ 1,270.00 1 Total Assessments 1,106,637.00 1 1 $ 316,260.29 City Council Agenda Item No. lOa EI1IJ[iJ I fl I U I Mk' (I) 1RhIJ I DATE: November 23, 2016 TO: City Council FROM: Curt Boganey, City Mar SUBJECT: 5618 Hillsview Road License Hearing Supplemental Background: On November 7th 2016 The City Attorney, Troy Gilchrist received an email from Nita Morlock the land lord of the subject property indicating that the renter Jeneda Jefferson will be vacating the property on November 23' 2016. In addition the landlord indicated that a lease has been signed with a new tenant effective December 1, 2016. I have enclosed a copy of the response submitted by Attorney Gilchrist stating the rescheduled hearing would be held as planned on November 28 th 2016. Staff will attempt to confirm that the property has been vacated in advance of the hearing. If the property has been vacated by the tenant Jefferson, we would view this action by the landlord as positive and consistent with the intent of the ordinance even though belated. Mission: Ensuring an attractive, clean, sft, inclusive colninunity that enhances the quality of life for all people and preserves the public trust [.[I1sJ.J I U U U LA I k'A (I) UI 11WAI DATE: November 15, 2016 TO: Curt Boganey, City Manager FROM: Tim Gannon, Chief of Police, 4, SUBJECT: Single Family rental license review Recommendation: It is recommended that the City Council open the Public Hearing, take public input, close the Public Hearing, and consider rental licensing action related to the property located at 5618 Hillsview Ave. in the City of Brooklyn Center. Based upon the finding of facts, following the hearing the Council may revoke, suspend, decline to renew, or take no licensing action on the property. Background: On September 26, 2016, Police staff gave a work session Council presentation related to activity occurring at 5618 Hillsview Ave. a type 2 single family rental property. After that presentation it was decided by the Council to hold a Public Hearing regarding the rental license for the above mentioned property. The Public Hearing was delayed until November 28, 2016, due to a request made by the property owner's attorney. During the Public Hearing police staff will present updated information relevant for the City Council to be aware of while considering licensing action for the property located at 5618 Hillsview Ave. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. We will ensure a safe and secure community. Attachments: The following documents were reviewed prior to this recommendation to Council. 1.Property Owner's attorney's letter response (dated 6/24/16). 2.City Attorney Troy Gilchrist's response (dated 7/29/16). 3.Signed copy of the Drug Free! Crime Free Addendum (dated 7/12/13). 4.(2) Search warrant affidavits. 5. Relevant 12-900 City Ordinances. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Kennedy 01 V-1Graven Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer TROY J. GILCHRIST Attorney at Law Direct Dial (612) 337-9214 Email: tgilthrist,kennedy-graven.com Also: St. Cloud Office 501 W. Germain Street, Suite 304 St. Cloud, MN 56301 (320) 240-8200 November 10, 2016 VIA U.S. MAIL AND E-MAIL wi1liam.killionfacgrebd.com William Killion Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Re: Public Hearing on the Rental Housing License Issued for the Property Owned by Bob and Nita Morlock at 5618 Hillsview Road Dear Mr, Killion: Thank you for your email message of November 7, 2016 indicating that the current renter will be vacating the rental home on November 23, 2016 and that a new renter will be occupying the property starting December 1, 2016. As you know, the Brooklyn Center City Council scheduled a public hearing on this matter for October 24, 2016, which was, based on your request, rescheduled to November 28, 2016. The public hearing remains scheduled for the November 28, 2016 City Council meeting, which is scheduled to start at 7:00 p.m. in the City Council Chambers of the Brooklyn Center City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center, MM 55430. The updated information you sent on the status of the property will be provided to the City Council and you and your client will be given an opportunity to be heard. To your question, no additional information needs to be provided to the City at this point, but please provide written confirmation once the current tenant has vacated the property. Very truly yours, cc: City of Brooklyn Center 48993 5v2 TJG BR291-4 - and/or malicious Curt Boqane Fróni: Sent: To: Subject: Attachments: Tim and Curt, Please see below and attached. Troy Gilchrist Kennedy& Graven, Chartered Toll Free 800-7888201 Fax 612-337-9310 Minneapolis 612-3379214 St. Cloud 320-240-8200 Gilchrist, Troy J. <TGilchrjst@ KennedyGraven corn> Monday, November 07, 2016 8:50 AM Tim Gannon; Curt Boganey FW: 5618 Hillsview, Brooklyn Center Hillsview Lease - Ayanna Wesson.pdf Original Message From: Morlock, Nita Sent: Monday, November 07, 2016 6:20 AMTo: Gilchrist, Troy J. Cc: Killion, William 1, Subject: FW: 5618 Hillsview, Brooklyn Center Hello, This is regarding the Property at 5618 Hillsvjew, Brooklyn Center. The current renter, Jeneda Jefferson, will be vacating the home 11/23/16. A copy of the new lease for the new renter is attached. Please confirm what next steps we need totake if any to inform the city that she is moving out. Thank you Nita Morlock, MBA I Coldwell Banker Burnet I Cell 612-743341b I Fax763-392-3830 JJ3J@ ftarnorlockomwww.nitamorlock.com i President's Elite, 11 Times Super Agent, $100I Million + in Sales The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken inreliance on it is prohibited and may be unlawful. 'F'%'-GRE E\KER USA UK CHINADNIELS William L. Killion +1612 756 7671 william.killion@sFaegreBD.com Tim Gannon Chief of Police Brooklyn Center Police Department 6645 Humboldt Ave. N. Brooklyn Center, MN 55430 tgannonci.brooklyn-center,mn.us June 24, 2016 VIA EMAIL Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis Minnesota 55402-3901 Phone +1612 766 7000 Fax +1612 766 1600 Re: Morlock Property at 5618 Hillsview Road, Brooklyn Center, MN Dear Chief Gannon: As you know, we represent Bob and Nita Morlock as it relates to their rental property at 5618 Hillsview Road in Brooklyn Center. I have reviewed the materials that you have sent to me - the city ordinances governing the City's "Crime Free Housing Program" and selected police records (and a summary of the records). In addition, I have reviewed all relevant sections of Chapter 12 of the Brooklyn Center Ordinance entitled "Building Maintenance and Occupancy," as well as Chapter 19 of the ordinances entitled "Public Nuisance and Petty Offenses." Based on this review, it is my opinion that the Morlocks are not legally required to either terminate the lease for Hillsview or to evict the tenant of the rental property. I asked you in an email message yesterday to clarify the position of the Department regarding the City's right to require termination or eviction. I asked this question because my sense is that the Department may consider the City a third-party beneficiary of the Addendum with a right to enforce its terms, even to the point of forcing the landlord to evict a tenant. Maybe this is not your position, but I share with you that I find nothing in the Addendum indicating that the City is an intended beneficiary under the Addendum with a right to force termination and eviction. The City's standard addendum and the one at issue here states that the "Resident, any members of the resident's household or a guest or other person under the resident's control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises." It further provides that the "Resident or members of the household will not permit the dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household." It also states that a "VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD US. I 06833035.03 Tim Gannon Page 2 June 24, 2016 CAUSE FOR TERMINATION OF TENANCY" and that "a single violation of any of the provisions of this added addendum shall be deemed a serious violation and material non-compliance with the lease." Significantly, the landlord is not required to terminate a lease or evict a tenant who violates these terms. It says, instead, that the breach gives the Landlord "good cause for termination of the tenancy." Having good cause to terminate and actually terminating are two different things. A landlord may still elect, for any variety of reasons, not to terminate the lease, notwithstanding a breach. It is a settled rule of law in Minnesota that one party to an agreement may waive a material breach by the other party. For example, a landlord generally waives the right to terminate if it accepts rental payments from a tenant after a material breach. Even if the City is a third-party beneficiary of the Addendum, the decision whether to act on a breach is left with the landlord, not the City. I also believe that the tenant must know, or have reason to know, of the illegal activity. A tenant is not a guarantor, for example, that no one will possess a controlled substance while on the premises. The tenant must "permit" the illegal activity and the tenant must control the perpetrator. A legal maxim is that words are typically given their ordinary meaning. The Collier's English Dictionary defines "permit" as "to consent to or to tolerate." "Permit" implies knowledge of the thing permitted. A tenant who does not know of the illegal activity cannot have permitted it to happen. Here, there is no evidence that the tenant knew of the illegal activity in 2016 and therefore no evidence that she permitted it. Nor is there any evidence that the tenant "controlled" the person charged with illegal activity. Although the City Council may not force a landlord to evict a tenant, it may consider the landlord's failure to evict in deciding whether to revoke, suspend, or not renew a license. . Section 12- 91 0(3)(g) states that the Council "may revoke, suspend, or decline to renew any license issued under this Chapter upon . . . failure to actively pursue the eviction of tenants who have violated the provisions of this Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws." (Emphasis added.) The City must first find that an illegal activity occurred on the premises of which the tenant was aware by someone under the tenant's control. This means that the City must specifically find that the tenant knew of the illegal activity and "permitted" it. It must identify the facts supporting the conclusion. Even then, the City is not duty-bound revoke a license just because the landlord has not evicted a tenant who permitted the illegal conduct and therefore breached the Addendum. The ordinance says that it "may" - not that it must revoke the license. And Chapter 12 sets forth detailed procedures that the City must follow when considering the revocation, suspension, or nonrenewal of a license by reason of a landlord's failure to evict. Further evidence that the Council is not required to revoke a license because of a failure to evict is the due process requirements set forth in Section 12-910(5). This section states as follows: Notification, Hearing, and Decision Basis. a.Written Notice, Hearing. A decision to revoke, suspend, deny, or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license. b.Decision Basis. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and US. 106833035.03 Tim Gannon Page 3 June 24, 2016 good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. Section :12-910(5) does not permit the City to summarily revoke a license because of a failure to evict. The City Manager must first bring the issue before the Council, and as discussed below, the City Manager has the option of not presenting the issue to the City Council and thereby waiving revocation of a license. If the City Manager does present the issue to the Council, the Council must hold a hearing to decide whether the failure to evict justifies revocation. Finally, the Council must make written findings supporting its decision after giving "due regard" to various pressure points. As noted, the City Manager (who is charged with bringing issues of noncompliance before the City Council) is not duty-bound to bring a failure to evict before the Council, According to Section 12- 911(5), "at any time during a license period, if a rental property does not meet or exceed the criteria established for the current license Type, the license may be brought forth to the City Council for consideration of license suspension, revocation, and/or license Type review." (Emphasis added.) Indeed, the ordinances set forth specific procedures that the City Manager must follow before bringing the revocation of a license before the City Council: According to Section 12-911(2): Upon determination by the City Manager or the Manager's authorized designee that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager shall take the following actions: For a first instance of disorderly use of licensed premise a notice shall be provided to the licensee of the violation directing the licensee to take steps to prevent further violations. If a second instance of disorderly use of the licensed premises occurs within a twelve (12) month time period for the same tenancy, the City Manager or the Manager's authorized designee shall notify the licensee of the violation and require the licensee to submit a written report of the actions taken, and proposed actions to be taken by the licensee to prevent further disorderly use of the premises. The licensee shall submit a written report to the City Manager or the Manager's authorized designee within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises. c. If a third instance of disorderly use of the licensed premises occurs within a twelve (12) month time period from the first disorderly violation for the same tenancy, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed, An action to deny, revoke, suspend, or not renew a license under this Section shall be initiated by the City Manager or the Manager's authorized designee who shall give the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension, or nonrenewal. The written notice shall specify all violations of this Section, and shall state the date, time, place, and purpose of the hearing. Here the City Manager has followed none of these conditions to the City Council considering the revocation of a license. Indeed, we have here just one alleged violation over a 12-month period. The City Manager may not present revocation unless there are three instances over the course of a 12-month period. US. 106833035.03 Tim Gannon Page June 24,2016 Ultimately, the eviction issue comes down to a judgment call by various decision makers The first is the landlord who must decide whether to act on the good cause breach of the Addendum. Next is the City Manager who may choose not to bring the issue before the Council. Finally, the Council must decide whether the failure to evict warrants revocation after a hearing. In my view, a prudent landlord must exercise caution in responding to an apparent violation of the Addendum, and the City Manager and Council must act similarly. This is especially true given the vagaries of the legal process surrounding an eviction. A landlord may not force a tenant to vacate premises without a court order obtained through an unlawful detainer action. In accordance with the Crime Free Addendum, the landlord must prove that someone engaged in drug-related illegal conduct on the premises and that the tenant either committed the wrong or permitted a third party to do so. As a trial lawyer, I can attest that this is not always an easy process. Where, as here, the facts surrounding the investigation of the alleged offense are not a part of the public record, as you have stated, a landlord faces an uphill and expensive battle in proving a breach of the Addendum, And even if the landlord can prove a violation, issues of estoppel, waiver, intent, knowledge of the illegal activity, discrimination against people of color, and the like can certainly complicate the process. The myriad of legal and practical problems attendant to forcing eviction are addressed in an August 2013 paper by Emily Werth entitled "The Cost of Being Crime Free': Legal and Practical Consequences of Crime Free Rental Housing and Nuisance Property Ordinances," available at http :1/poverty! aw•org/sjtes/default/files/files/housingjUStice/coStOfheiflgcrimef1ecP& Ultimately, courts and juries are not anxious to force a tenant to leave a home where, as here, the tenant has lived there for a long time, the offense is possession of marijuana and paraphernalia, and it was a third party who engaged in the illegal activity. It is for this reason that the Morlocks have, in good faith, reached out to the tenant to minimize the likelihood of future misconduct on the premises. The tenant, Jeneda Jefferson, has promised to do her best to avoid the presence of illegal activity in her home. According to Ms. Jefferson: I Jeneda Jefferson will not allow any trouble in my home. I will not bring marijuana in my home or allow my children to. I have talked to my children and they understand that our home is a drug free and crime free home. I have let my visitors know that 5618 Hillsview Rd is a drug free home and they will be asked to leave if I feel that they are not following my rules at my home. Ms. Jefferson's commitment covers the various elements that the Council must consider in deciding whether to revoke a license. US. 106833035.03 Tim Gannon Page 5 June 24, 2016 I appreciate this opportunity to respond to your request for eviction and invite you to share any questions or concerns that you may have. Very truly yours, RE BAKER NIELS LLP William L. Killion WLK:daukm US. 106 833 035 .03 US. 106833035.03 . 470 U.S. lUnk Plaza- . Offices is 200 aoLssh Sixth Sum Minneapolis Mioncipolis, N IN 55402 Saint (612) 337-0300 reIeIiiiicPaul (6(2) 337-9310 Ox - Sr. Cloud www. Ill esly.graven.cain C H A R T E R E D AOl rica ye Action, Equal Opportimity Em player TROY 3. GII.CIII(1SI' A t)urne\ at Law Direct Dial (612)337-024 Enissil - tgi(ehrist(u)keilned).ravcii.cunl Also St. clouo 0(0cc 501 W. Gerinsiin Street. Suite 304 St Cloud, MN 56301 (320) 240-820)) July 29, 2016 William L. Killion Faegre Baker Daniels LLP 220 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 wil liam.killionFaegreBD.com RE: Morlock Property at 5618 Hillsview Road, Brooklyn Center, MN ("Property") Dear Mr. Killion, The City received your letter dated June 24, 2016 regarding the alorementioned properly owned by your clients Bob and Nita Morlock ("Morlocks"). In your letter you conclude that the Morlocks are not legally required to terminate or evict the tenant of the Property. I address each of your legal arguments below. (I) Ci)) As Intended Bcneflcicoy You ask whether the City is the intended Beneficiary of the Addendum. The Addendum is the City Code requirement that seeks, in part, to support the purpose of the Section 12-900 ci seq. See below: Section 12-900. PURPOSE. it is the purpose of this Chapter to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible 10 take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment of the normal activities of' life in surroundings that are: safe, secure and sanitary; 11CC from noise, nuisances or annoyances; free from unreasonable fears about Safety of persons and security of property; and suitable for raising children. 4828880 MAI (15291-16 Killion Letter July 29, 2016 Page 2 The intended beneficiary of the Addendum, and the City's rental licensing requirements in general, are the neighborhoods and community members of the City of Brooklyn Center, (2)Obligation To Terminate Tenant The City does not disagree that the Addendum contains the phrase "good cause" and that it is not one in the same with termination, However, the statement in clause 46 of the Addendum puts the tenant on unequivocal notice that a violation or the Addendum is a material violation of the lease and grounds for termination of the lease or an eviction such that the landlord (and rental licensee) could terminate its lease with the tenant for a violation of the Addendum. Furthermore, the landlords included the language of the Addendum in their lease with the tenant at paragraph 31, which includes similar "good cause" language as the Addendum. This suggests that the landlords are already generally inclined to utilize a lease termination for the same unlawfol activities as are required by the Addendum. (3)Tenant Aims! Know Of the Illegal Aclivity In your letter, you assert that the tenant must know, or have reason to know, of the illegal activity. During the second search of the Property, drugs were found in the tenant's safe, So, this strongly suggests that the drugs were not a guest's drugs or that the Morlocks opened their safe to store the tenant's or a guest's drugs in the safe. (4)Council May Act On License/br Failure to Acii'elj' Pursue the Termination ojienanis As with all City issued licenses, the City exercises discretion in the revocation, Suspension, denial, or nonrenewal of a rental license. The Council provides the licensee with an opportunity to be heard, evaluates the evidence based on the factors set forth in the City Code, and then acts. The Council does not summarily revoke a license. However, if upon a staff recommendation and after the licensee has been given the opportunity to be a heard, City Code section 12-910(3)(g) allows the City Council to revoke, suspend, or decline to renew a rental license for "failure to actively pursue the eviction of tenants who have violated the provision of this. Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws." The basis for the Council's action to revoke, suspend, deny, or not renew is provided in writing. (5)Three strikes vs. single violation of the Acl'lend,.un Section 12-911 of the City Code sets forth requirements of the licensee to see that any tenant occupying the licensed premises does not have disorderly conduct (ranging from loud parties to terroristic threats). By comparison, Section 12-914 provides that there are certain acts (drug related illegal activity) that require the termination of a specific tenant for a single violation. The Addendum specifically provides that a single drug related illegal activity is sufficient basis to be terminated from the lease. The specific overrides the general. 45288v3 MiNI 13R291-I0 Killion Letter July 29, 2016 Page 3 The result of our review is that the rental license issued by the City for the property is subject to revocation under Section 12-910(3)(g) if the Morlocks fail to exercise their rights under the lease to actively pursue the eviction of the tenants. Please let me know how your clients' intend to proceed in this matter. Very truly yours, Troy Gilchrist cc: City of Brooklyn Center 482$850 MJM 13R291-I6 State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. 16A05727 Court File No. 27-CR-16-13567 State of Minnesota, COMPLAINT Plaintiff, Order of Detention vs. JAISHAWN THADDEUS JEFFERSON DOB: 04/2111998 5618 HILLS VIEW RD BROOKLYN CENTER, MN 55430 Defendant. The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Aggravated Robbery4st Degree Minnesota Statute: 609.245.1, with reference to: 609.245.1, 609.05.1 Maximum Sentence: 20 YEARS AND!OR $35,000 Offense Level: Felony Offense Date (on or about): 05/19/2016 Control #(ICR#): 16001757 Charge Description: That on or about 5/19/2016, in Brooklyn Center, Hennepin County, Minnesota, JAISHAWN THADDEUS JEFFERSON, either directly or as an accomplice, took personal property from the person or in the presence of B.P., knowing that he was not entitled to the property and used and/or threatened the imminent use of force against B.P. to overcome his resistance or powers of resistance to or to compel acquiescence in the taking or carrying away of the property, while using an article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon. 1 STATEMENT OF PROBABLE CAUSE Complainant has investigated the facts and circumstances of this offense and believes the following establishes probable cause: On May 19, 2016 shortly after 11:30 am., Brooklyn Center police officers responded to a report of an armed robbery that had just occurred near the CenterBrook Golf Course located at 5500 Lilac Drive, Brooklyn Center, Hennepin County, Minnesota. The police dispatcher advised the responding officers that the adult male victim, twenty-three year old B.P., had followed his three male assailants as they ran eventually into a house located about four blocks from the crime scene at 5618 Hillsview Road, Brooklyn Center. The officers located B, P. in the area of this house and learned from him that the three assailants had not left the house since their arrival a short time ago. He indicated that he had been walking through the parking lot of the golf course when he was approached by a male who requested a cigarette. After receiving the requested cigarette, this male suddenly pulled out a black and silver colored pistol which he pointed at BP. As the assailant was doing so, he was quickly joined by two juvenile males who were yelling gang challenges at B.P, as they joined their gun wielding companion While pointing this pistol at BR the assailant demanded that he give up '. ,. all his shit,' B, P. told the officers that he handed over about fifty dollars in cash as well as three small baggies of marijuana. After doing so, the three assailants ran from the area. As they did so, B. P. realized that the pistol used by the first assailant was actually a BB gun. Consequently, BR decided to follow after his assailants. During this pursuit, the assailant with the pistol turned and fired the pistol at B.P., striking him on one of his legs with the discharged BB. The three assailants then ran into the above noted residence. B.P. provided the officers with a specific description of the clothing worn by each of the assailants, along with a description of each assailant's physical characteristics. The officers were familiar with this house and several of the residents to include an adult male identified as Jaishawn Thaddeus Jefferson, Defendant herein. After establishing a perimeter around the house, the officers noted that two females and a male exited the house. Officers recognized one of the females as the mother of Defendant. When initially questioned about who was in the house, she indicated that there was no one inside the house. After agreeing to call Defendant, she did so and moments later he also exited the house together with two other juvenile males, later identified as seventeen year old D.M.C. and seventeen year old D.R.B. B.P. was provided an opportunity to participate in an on-scene identification procedure. While doing so, he positively identified Defendant as the individual who had confronted him with the pistol 2 and demanded his property. B.P. also positively identified D.M.C. and D.R.B. as the two other assailants who had joined Defendant in challenging B.P. with gang challenges as Defendant held B.P. at gun point while ordering him to give up his property. During a subsequent search of the residence, officers located items of clothing that matched the description provided by the victim of the clothing worn by his assailants. The officers also located a bag of marijuana in a main level bedroom as well as more marijuana in a safe found in safe a basement bedroom. 3 SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (I) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law, Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. §358.116; Minn. R. Grim. P.2.01, subds. 1 1 2. Complainant Terry Olson Electronically Signed: Detective 05/20/2016 02:22 PM 6645 Humboldt Avenue N Hennepin County, Minnesota Brooklyn Center, MN 55430 Badge: 114 Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Anne Taylor Electronically Signed: 300 S 6th St 05/20/2016 02:16 PM Minneapolis, MN 55487 (612) 348-5550 4 FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant's arrest or other lawful steps be taken to obtain Defendant's appearance in court, or Defendant's detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s). SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on _, at AM/PM before the above-named court at 401 Fourth Avenue S, Minneapolis, MN 55415 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued. [] WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. El Execute in MN Only El Execute Nationwide El Execute in Border States ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $100,000.00 Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: May 20, 2016. Judicial Officer Ronald L. Abrams Electronically Signed: 0512012016 03:09 PM Judge Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF HEN NEPIN STATE OF MINNESOTA State of Minnesota Plaintiff vs. JAISHAWN THADDEUS JEFFERSON Defendant LAW ENFORCEMENT OFFICER RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this Order of Detention upon the Defendant heroin named. Signature of Authorized Service Agent: 5 STATE OF MINNESOTA, COUNTY OF HENNEPJN DISTRICT COURT STATE OF MINNESOTA ) - APPLICATION FOR ) SS: SEARCH WARRANT AND COUNTY OF HE' NNEPIN ) SUPPORTING AFFADAVIT Detective Teriy Olson being first duly sworn upon oath, hereby makes application to this Court for a warrant to search the (premises) hereinafter described, for the property and things hereinafter described, Affiant knows the contents of this application and supporting affidavit, and the statements herein are true to the affiant's own knowledge, save as to such as are herein stated on information and belief, and as to those, affiant believes them to be true, Affiant has good reason to believe, and does believe, that the following described property to wit: 1)Black and clironac pistol 2)Any and all other firearms and firearms-related accessories including but not limited to ammunition, magazines, and cases 3)Any and all united states currency 4)Any and all marijuana 5) Black North Face jacket i) Black denim jeans 7)White t-shirt 8)Black cargo shorts 9)Black shorts 10)Mail and other documents which demonstrate residency and also constructive possession of the other items sought (are) (at the premises) described as: Premises: Single-Family home located at 5618 J-Ellsview Road, including garage, sheds, and any other structures on the property Located in the City of Brooklyn Center, County of Hennepin, and State of Minnesota. Your affiant applies for issuance of a search warrant upon the following grounds: 1:The property described above was stolen or embezzled. 2:The property described above was used as a means of committing a crime 3:The possession of the property described above constitutes a crime, 4:The property described above is in the possession of a person with intent to use such property as a means of committing a crime. IN 5: The property described above constitutes evidence which tends to show a crime has been committed, or tends to chow that a particular person has committed a crime. Your affiant has been a licensed Peace Officer working in Minnesota sitce 1990, and is currently employed as a Police Detective by the City of Brooldyn Center. Your affiant lids worked a variety of patrol and investigative assignments. Your affiant has received specialized training relating to many types of criminal investigations. Your affiant has conducted thousands of successful investigations, many resulting in convictions in state and federal courts. On May 19 °', 2016 at approximately 1134 a.m. members of the Brooklyn Center Police Department responded to investigate a reported robbery of person which occurred at the Center Brook Golf Course, 5500 Lilac Ddve -located within the City of Brooklyn Center, County of Hennepin, and State of Minnesota, Officers learned that the victim was approached by three males, all being black, and approximately 16 years of age. One was armed with a pistol which the victim believes to be aBB gun. That suspect was described as approximately 5'-08" tall, thin build, wearing a black North Face jacket and black jeans. He reportedly robbed the victim after placing him at gunpoint, The second of the suspects was described as approximately 6'-00" tall, wearing a white t-shirt, and in possession of a dog, The third of the suspects was described as approximately 5'08" tall, wearing no shirt and black shorts. The second and third suspects participated in the robbery by intimidating the victim verbally. All three suspects. made reference to their gang affiliations as they shouted at the victim. The primary suspect reportedly prdduced the pistol, pointing it at the victim and telling him to hand over his belongings. The victim did, giving this suspect approximately $50 in cash and three small bags of marijuana. The suspects fled on foot, chased by the victim who followed them to 5618 Hillsview Road, As the victim chased them the suspect armed with the pistol fired at the victim, striking him in the leg. They entered the back door at the residence and the victim believes that they remain there at time of this applicatioii. Officers arrived in the area of the suspect residence, observing males who generally meet the suspect descriptions looking out of the windows. While the suspect residence was under surveillance persons meeting the suspect descriptions, and other persons, were detained as they left, The victim positively identified three males who were among those who left the residence as the persons who committed the robbery. All had changed some or all of their clothing according to the victim. Your affiant knows that the suspect residence is that of a Jaishawn Thaddeus Jefferson - DOB: 04-21-1998. Your affiant knows Jefferson to be actively involved in gang and criminal activities. Your affiant knows that Jefferson was arrested for committing a very similar robbery in early-April, 2016 approximately one block south of the location of this robbery. Jefferson was among the suspects positively identified by the victim, who also confirmed that Jefferson was the suspect who had been aimed with the pistol and fired it at him. Your affiant believes that the pistol that was used in commission of this robbery; the clothing that the suspects wore; and also the items and materials that they took from the victim are in the premises described. As a result, your affiant requests a Warrant be issued authorizing the immediate search of the described premises and persons for the property and things described. WHEREFORE, Affiant requests a search warrant be issued, commanding Detective Terry Olson, and all other Officers under his direction and control, Peace Officers, of the State of Minnesota, to (enter with announcement of authority and purpose) (between the hours of 7:00 am. and 8:00 p.m. only) to search the (premises) described above for the property described above, Subscribed a swoi o before me l-day of 2t EL) RECEIPT, INVENTORY AND RETURN 3-1 STATE OF MINNESOTA, COUNTY OF LT" COURT RECEIPT, INVENTORY AND RETURN ,I77 /Mz157 , received the attached search warrant Issued by the Honorable I )f I4tlf on 05 /7 ' (yr) and have executed it as follows: Pursuant to said warrant, on at, 3O o'clock I searched the (premises) (rt ahJel4pera-on) described In said warrant, and left a true and correct copy of said'varrant If 1,? 1/ '1l( It'z -(with)(ln)(at) -I2W !211'tlL) L//V I took Into custody the property and things listed below: (attach and identify additional sheet if necessary) Strike when appropriate: Subscribed and sworn to before me this 'I left a receipt for the property and things listed above with a copy of the warrant, day of_____________ (yr) I shell (retain) or (deliver) custody of said property as directed by Court order, Notary Public County, MN being first duly sworn My commission expires upon oath depose and say that I have read the foregoing receipt, Inventory and return and the matters stated are true and correct except as to such matters stated therein on Information and betel and as to those, I believe them to be true, Signature COURT - WHITE copy • PROS, ATTY - YELLOW COPY PEACE OFFICER - PINK COPY PREMISES/PERSON GOLD COPY 5/03 © Minnesota County Attorneys Association (0 (0 V.0 0N N 0) 0) 10 LI) F-. 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SUPPORTING AFFIDAVIT, COUNTY OF HENNEPIN Detective Charles Vallcau, being duly sworn upon oath, hereby makes application to this Court for a warrant to search the Premises, hereinafter described, for the property and things hereinafter described, Affiant knows the contents of this application and supporting affidavit, and the statements herein are true of his/her own knowledge save as to such as are herein stated on information and belief, and as to those, he/she believes them to be ftue. Affiant has good reason to believe, and does believe, that the following described property and things, to wit: - Authority to take photographs of the premises and property Inside and surrounding the premises. - Documents, Photographs, cell phones, or other paperwork or electronic devices that tend to show ownership/renter of the premises or tends to show ownership, possession, or constructive possession of the evidence. - Cell phone bearing phone number 612-998-4189. - Permission to examine recovered cell phones. Pizza Hut boxes, Pizza lint delivery bag, and Pizza Hut receipts. Pact( of Pall Mall cigarettes. Are at the premises described as: 5618 Rillsview Road, a single family residence including garage, sheds, and outbuildings. located in the City of Brooklyn Center, County of Hennepin, and State of Minnesota. This affiant applies for issuance of a search warrant upon the following grounds: The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. The facts tending to establish the foregoing grounds for issuance of a search warrant are as follows: Your affiant, Detective Charles Vallcau, is a licensed Peace Officer in the State of Minnesota and is employed as a detective by the City of Brooklyn Center Police Department. Detective Vclleau, with more than fifteen years of police experience, is currently assigned to investigate various crimes which occur within the jurisdiction of the City of Brooklyn Center, Hennepin County, Minnesota, Acting in this capacity, your affiant gives the following information. On 04/12/2015 at 2042 hours, officers with the Brooklyn Center Police Department were dispatched to a robbery that occurred at 5305 Russell Ave N in Brooklyn Center, Hennepin County. Officers arrived and spoke to the victim JR. Ila told officers several black males attacked him by the complex and took money and pizza from him. The victim told officers the address on the delivery was not a correct address. The pizza order was at 5403 Russell Ave N which does not exist. The victim went behind the apartment complex at 5305 Russell since that was the only apartment complex in the area. The victim described the robbery suspects as black males In their teens. He described one male a wearing a dark jacket with a fisherman's hat. The suspects punched the victim in his face which required emergency treatment at North Memorial. The victim has possible broken facial bones. Officers wo,rking that night Were contacted by a witness who remembered seeing black males running to the address of 5330 Queen Ave around the time of the robbery. Officers were familiar with this address duo to recent contact COPIES TO: COURT a PROS.A'ITY 9 PEACE OFFICER Application 1-2 with a group of juvenile males who hangout at this address and have been suspects in previous violent crime in the area. Officers setup surveillance in the area and observed two black males walking up to the address of 5330 Queen Ave. Officers observed the males matched the description of the suspects in the robbery and one was wearing a fisherman's hat, These males were later arrested and booked for the robbery. Officers made contact at 5330 Queen and identified four other possible suspects who matched the description of the robbery suspects. One of the males was identified as The victim was already being treated at the hospital and was unable to view these suspects in a show up. Your affiant contacted Pizza Hut and learned caller Id showed the pizza order was made from cell phone 612-998- 41 89, Your affiant learned this is a Sprint cell phone which lists to a partial name of Jeneda Jeffèrso. Your affiant learned mother's name is Jeneda Jefferson. Your affiant obtained a search warrant signed by Judge Fraser in Hennepin County District Court to obtain the subscriber information from Sprint for cell phone number 612-998-418, Your affiant executed this warrant and learned the phone was owned by .feneda Jefferson at 5618 Hillsview Road in Brooklyn Center. On 04 /2312015, your affiant met with the victim and showed him a sequential photo lineup which contained a picture of suspect - The victim immediately identified as one of the males who robbed him. On 04/23/2015, was arrested by officers of the Brooklyn Center Police Department. He told officers in a post-Miranda interview he was not there during the robbery and his phone was not used to order the pizza. Based on the above information your affiant respectfully requests permission to search the above listed places for the above listed items, Your affiant believes recovery of the above listed items will help demonstrate doUmmmwas involved with the robbery. WI-IEREFORB, Affiant requests a search warrant be issued, commanding Detective Charles Valle' an, (a) peace officer(s), of the State of Minnesota, and all other personnel under yourdlreetion and control between the bows of 1:00 n.m. and 8:00 p.m. only to search the hereinbefore described Premises, for the described property and things and to seize said property and things and keep said property and things in custody until the same be dealt with according to law. Affiant: Detective Charles \Ialleau Subscribed and sworn to before me this day of 20 tiZudgof,Disliict -%W 45 COPIES TO: COURT PROS.ATTY PEACE OFFICER Warrant 1-1 SEARCH WARRANT STATE OF MINNESOTA, COUNTY OF HENNEPIN DISTRICT COURT TO: DETECTIVE CHARLES VALLE AU, (A) PEACE OFFICER(S) OF THE STATE OF MINNESOTA. WHEREAS, DETECTIVE CHARLES VALLEATJ has this day on oath, made application to the said Court applying for issuance of a search warrant to search the following described premises; 5618 HilIsylew Road, a single family residence including garage, sheds, and outbuildings. located in the City of Brooklyn Center, County of Hennepin, STATE OF MINNESOTA for the following described property and things: - Authority to take photographs of the premises and property inside and surrounding the premises.Documents, Photographs, cell phones, or other paperwork or electronic devices that tend to show ownersiup/reilter, of the premises or tends to show ownership, possession, os' constructive possession of the evidence, - Cell phone bearing phone number 612-998-4189. - Permission to examine recovered cell phones. - Pizza lint boxes, Pizza lint delivery bag, and Pizza Hut receipts. Peek of Pall Mall cigarettes WHEREAS, the application and supporting affidavit of Detective Charles Valleau was/were duly presented and read by the Court and being folly advised in the premises NOW, THEREFORE, the Court finds that probable cause exists for the Issuance of a search warrant upon the following grounds: - The property above-described constitutes evidence which tends to show a crime has been committed, or tends t6 show that a particular person has committed a crime. The Court further finds that probable cause exists to believe that the above-described property and things will be at the above-described premises. The Court further finds that entry without announcement of authority or purpose is necessary to prevent the loss, destruction, or removal of the objects of said search and to protect the safety of the peace officers. NOW, THEREFORE, YOU DETECTIVE CHARLES VALLEAU THE PEACE OFFICER(S) AFORESAID, AND ALL OTHER PERSONNEL UNDER YOUR DIRECTION AND CONTROL ARE HEREBY COMMANDED) BETWEEN THE HOURS OF 7:00 AM AND 8:00 PM, ONLY TO SEARCH THE DESCRIBED PREMISES, FOR THE ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN THEM IN CUSTODY SUBJECT TO COURT ORDER AND ACCORDING TO LAW, Dated: MOP-OF DISTIUCURTF YI'F 1( COPIES TO: COURT PROS.ATI'Y • PEACE OFFICER a PREMISES/PERSON Warrant 1-1 SEARCH WARRANT STATE OF MINNESOTA, COUNTY OF HENNEPIN DISTRICT COURT TO: DETECTIVE CHARLES VALLIiAU, (A) PEACE OFFICER(S) OF THE STATE OF MINNESOTA. WHEREAS, DETECTIVE CHARLES VALLEAU 'has this day on oath ) made application to the said Court applying for issuance of a search warrant to search the following described premises; 5618 llullsview Road, a single family residence including garage, sheds, and outbuildings, located in the City of Brooklyn Center, County of Hennepin, STATE OF MINNESOTA for the following described property and things: - Authority to take photographs of the premises and property inside and surrounding the promises, - Documents, Photographs, cell phones, or other paperwork or electronic devices that tend to show owiicrship/rcnter of the premises or tends to show ownership, possession, or constructive possession of the evidence - Cell phone bearing phone number 612-998-4189. - Permission to examine recovered cell phones. - Pizza lInt boxes, Pizza Hut delivery bag, and Pizza Hut receipts. - Pack of Pall Mall cigarettes. WHEREAS, the application and supporting affidavit of Detective Charles Valleauwas/ivere duly presented and read by the Court, and being fully advised in the premises. NOW, THEREFORE, the Court finds that probable cause exists for the issuance of a search warrant upon the following grounds: - The property above-described constitutes evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime. The Court further finds that probable cause exists to believe that the above-described property and things will be at the above-described premises. The Court further finds that entry without announcement of authority or purpose is necessary to prevent the loss, destruction, or removal of the objects of said search and to protect the safety of the peace officers NOW, THEREFORE, YOU DETECTIVE CHARLES YALLEAII THE PEACE OFFICER(S) AFORESAID, AND ALL OTHER PERSONNEL UNDER YOUR DIRECTION AND CONTROL ARE HEREBY COMMANDED) BETWEEN THE HOURS OF 7:00 AM, AND 8:00 P.M. ONLY TO SEARCH THE DESCRIBED PREMISES, FOR THE ABOVE-DESCRIBED PROPERTY AND THINGS, AND TO SEIZE SAID PROPERTY AND THINGS AND TO RETAIN THEM IN CUSTODY SUB IECT TO COURT ORDER AND ACCORDING TO LAW. Dated: 9= JUDG OF DISTRICt?' 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For the purpose of this Chapter, the Crime Free Housing Program shall mean the nationally recognized program, unless otherwise indicated, The phases of the program include, but are not limited to, the conditions set forth below. 1. Phase I. For license categories other than Type I, an owner, manager, or local agent responsible for the operation of the rental property must complete the Phase I training of the Crime Free Housing Program or a similar course approved by the City Manager. Certification as a rental property manager may also satisfy this requirement. Phase I includes the following: 1 f. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. 2. All nonresidential properties (commercial, industrial, and similar) shall keep, or cause to be kept, a current register of occupancy for each building that provides the following: a.Building address. b.List of all tenants occupying building. C. Nature of business conducted by each tenant in building. d.Contact person for each tenant. e.Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. Section 12910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON- RENEWAL. 1.Applicability. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2.Unoccupied or Vacated Rental Units. In the event that a license is suspended, revoked, or not renewed by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored by the City Council. 3. Grounds for License Action. The Council may revoke, suspend, or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations, or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. City of Brooklyn Center 12-22 City Ordinance b. failure to pay any application fee, fine or penalty, reinspection fees, reinstatement fee, special assessments, real estate taxes, or other financial claims due to the City as required by this Chapter and City Council resolution. C. failure to continuously comply with any property maintenance, zoning, health, building, nuisance, or other City Codes; or failure to correct deficiencies noted in Compliance Notices in the time specified in the notice. d.failure to comply with the provisions of an approved mitigation plan or not submitting an action plan as required. e.failure to qualify for the type of license held or applied for, f.excessive police calls for service in accordance with criteria determined by the City Manager and approved by the City Council, based on the number and nature of the calls when, after owner notification, the owner has failed to supply an appropriate written action plan to reduce the police calls for service g.failure to actively pursue the eviction of tenants who have violated the provision of this Chapter or Crime Free Lease Addendum or have otherwise created a public nuisance in violation of City, state, or applicable laws. h. the failure to eliminate imminent health and life safety hazards as determined by the City, or its authorized representatives. conviction of any crime related to the business or entity licensed and failure to show by competent evidence the rehabilitation and ability to perform the duties of the business. j.the abandonment of the property by the property owner as determined by the inability to make contact with the owner or his/her manager or local agent due to inaccurate or invalid contact information. k.failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and Ordinances. 4. License Action Sections. Revocation, suspension, and non-renewal may be brought under either this Section or Section 12-911, or both. City of Brooklyn Center 12-23 City Ordinance a.Attend an eight-hour crime-free housing course presented by police, fire, public housing and others. b.Use a written lease including the Minnesota Crime Free Housing Lease Addendum. C. Check the criminal background of all prospective tenants and, upon request, provide a copy of Third Party Background Check procedures for Tenants. d. Actively pursue the eviction of tenants who violate the terms of the lease and/or the Crime Free Lease Addendum, 2. Phase II. Includes Phase I plus the following: a.Complete a Security Assessment and complete the security improvements recommended. This phase will certify that the rental property has met the security requirements for the tenant's safety. b.Attend a minimum of 25 percent of Owners/Managers Association Meetings. 3. Phase III, Includes Phases I and II plus the following: a.For properties with more than four units, conduct resident training annually for the residents where crime watch and crime prevention techniques are discussed. b.For properties with more than four units, hold regular resident meetings. C. Attend a minimum of 50 percent of Owners/Managers Association Meetings. d. Have no City Code violations that were not resolved in accordance with compliance orders within the past year. Section 12-915. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM REQUIREMENTS. All tenant leases, except for state licensed residential facilities, shall contain the Crime Free/Drug Free Housing Lease Addendum. The Crime Free/Drug Free provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. These lease provisions shall be incorporated into every new and renewed lease for a tenancy beginning April 1, 2010. Section 12-901. LICENSING OF RENTAL UNITS, License Required. a.No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center. A license will be granted as Type I, Type II, Type III, or Type IV Provisional based on criteria recommended by the City Manager and approved by the City Council. b.Exceptions. No license shall be required under the following circumstances: 1) A single family dwelling or a dwelling unit in a duplex occupied by the building owner for a minimum of six months per calendar year. 2 2)Rented rooms within an owner occupied dwelling unit. 3)A residential property owned by a "snowbird" where the property is rented to another person for a period of less than 120 consecutive days while the owner is residing out of the State of Minnesota. The owner must occupy the property during the remainder of the year. 4) Unoccupied dwelling units that have been issued a Vacant Building Registration. 2. License Term. Licenses will be issued for a time period according to the license type as indicated in Diagram I. All licenses may be reviewed at any time after the beginning of the license term to determine whether the property continues to have the appropriate Type license. 3 Diagram I Licensing Licensing Min. Inspection Crime Free Housing I Plans Category Period Frequency Type I 3 year Mm. 1 time in 3 years, upon Phase I Recommended request, or as needed as determined by City Type II 2 year Mm. 1 time in 2 years, upon Phase I Required request, or as needed as determined by City Type III 1 year Mm. i time per year, upon Phase I, II Required Action Plan request, or as needed as Required determined by City Type IV 6 Mm. every 6 months, upon Phase I, II, and Ill Mitigation Plan Provisional months request or as needed as Required Required determined by City, or as otherwise specified by Mitigation Plan New Licenses. Properties that have legally not been required to have a rental license due to new construction or a change from owner-occupied to rental will qualify for a Type II License. Properties found operating without a valid rental license from the City or failing to meet City Code requirements or that have been the subject of enforcement actions such as criminal prosecution or civil penalties for violation of this Chapter, will only qualify for a Type Ill License. 4. License Renewals. All rental properties are subject to review and may be required to apply and qualify for a different license Type based on the level of compliance with City Codes and applicable regulations. S. Failure to Meet License Category Requirements. At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license Type, the license may be brought forth to the City Council for consideration of license suspension, revocation, and/or license Type review. 6.Type IV Provisional Licenses. Rental properties under Type IV Provisional Licensing must meet the requirements set forth in Section 12-913. 7.License Category Criteria. License type will be determined on the basis of established criteria based on Police incidents and property Code and nuisance violations as recommended by the City Manager and approved by the City Council. Police Incidents. Frequency of police calls will be based on the average number of valid police calls per unit. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911 and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft, and arson. Calls will not be counted for purposes of determininglicensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Property Code and Nuisance Violations. Standards for property maintenance will be based on compliance with City and other applicable Codes as determined through inspections and investigations. Work Session Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION November 28, 2016 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. Council Chambers City Hall A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS 1.Branding and Identity Campaign -Focus Group Participants 2.Review of an Alternate Development Concept and Vision Proposed by CCG Holdings for a Market Rate Apartment Development within the Southern Portion of the Opportunity Site 3. CDBG Funding Process PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Solar Energy Options 2.Body Camera Implementation and Policy 3.Police - Use of Force Policy - December 12, 2016 4.Liquor License Regulations 5. Paperless Council Process Work Session Agenda Item No. 1 I RY rffkvl cii) 1WI alIJhYA ES1U[uJ I 'Li) ti C41 *fI (flI DATE: November 28, 2016 TO: Curt Boganey, City Man , FROM: Reggie Edwards, Interim Assistant to the City Manager V^ SUBJECT: Brooklyn Center Branding & Identity Campaign - Focus Group Participants Recommendation: It is recommended that the City Council review the list of potential participants for the Brooklyn Center Branding & Identity Campaign focus group sessions, offer additional names of participants, and provide staff with direction in proceeding forward. Background: In October, 2016 the City entered into an agreement with Vitalink Inc. to execute the City's Branding & Identity Campaign. The intent of the City was to develop, coordinate, and execute the promotion of the City of Brooklyn Center to people both inside and outside of Minnesota regarding why the City of Brooklyn Center is a great place to live, visit and do business. The Branding & Identity Campaign involves four parts including: 1) researching the current perceived image of the City, 2) facilitating discussions on the desired image of the City, 3) designing options for the logo, tagline, and overall branding image of the city, and 4) executing an implementation plan. The City has sent out postcards to over 12,000 residents and business owners asking them to go online and provide feedback on their impressions of the current and envisioned future identity for the City. The City has already heard from over 250 residents. The online survey has also been posted on the City's website. In an effort to gain greater insight from residents, businesses, the Council and staff regarding perceptions and perspectives of the City's values and identity, the consultant will be hosting six one hour focus group sessions on December 12" through 14 th , 2016. Each focus group will be composed of approximately 10 participants. There will be a total of 40 participants for the residents (3 sessions) and the business (1 session) focus group sessions combined. Administration has asked staff to provide names of residents and business representatives to participate in the focus group sessions. In an effort to achieve broad and balanced participation in the sessions the participants were vetted based upon the following attributes: • Affiliation • Tenure of Residency • Ethnicity Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k'A I Dk'A ci) I1IJ'A i1BJ[SJ I !'LO) 1 I I11 [i)I • Gender • Neighborhood • Generation • Community Influence • Housing Ownership (or Renter) Based upon those attributes the attached lists of names have been identified and are provided to the Council for consideration. There is an oversized listing of names identified on the list of participants due to planning for attrition or that some invitees may not be available to participate. While the attached list does provide broad balance representation in most of the areas of attributes, it was not as representative in generational and ethnicity balance. Therefore, in an effort to ensure there is broad and balance of participation staff will be recruiting a total of 7 to 10 participants from the City's recreational youth and fitness programs that represent the two areas of attribute. Once those participants are secured they will be added to the list of potential participants. Policy Issues: Staff request that the Council: 1.Review the focus group participants 2.Provide additions if desired 3. Authorize staff to proceed with invitations Strategic Priorities: • Citizen Engagement Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 1.Kathryn Heron Caribou 2.Jennifer Schaefer McDonalds 3.1 Mike Mcarlson Caribou 4.Mark Allen Allen Properties 5.James Dean Christy's Auto 6.Jeff Johnson Scoreboard 7.Alexander Collins General Business 8.Abdullah Kiatamba General Business 9.Mark Bonne Brooklyn Center School District 10 William Swanson Retired Attorney 11 Greg Bronk LaNel Financial Group 12 Stephen Erickson North Hennepin Area Chamber of Commerce 13 Rosco Larson Double Tree (Hilton) 14 Tamara Pechtel Sign-Zone, Inc. 15 Norman Harrington Praxis Marketplace 16 McKinley Moore Jehovah Jireh Ministries 17 Nuzhat Qureshi Progressive Consulting Engineering 18 Bobby LaRose Brooklyn Center Liquor Store 19 Bruce Ballanger EBHC 20 Abbas Pya raIl Bjorkland Realty Inc. • Resident Representative Invitees Name Affiliation First Last 1.Anne Burke Resident 2.Rex Newman Resident 3.Teneshia Kragness Resident 4.Steve Landis Resident 5.Dean Van Der Werf Resident 6.David Mulla Resident 7.David Vlasin Resident 8.Diane Sannes Resident 9.Tamika Baskin Resident 10.Marquita Butler Resident 11.Tammy Sathre Resident 12.Tim Moriaty Resident 13.Chris Kummer Resident 14.Dan Barron Resident 15.Mike Heinrich Resident 16.Kirsten Erickson Resident 17.Bud Sorenson Resident 18.Mike Peterson Resident 19.Myrna Kauth Resident 20.Jan Tieden Resident 21.Travis Bonovsky Resident 22,Sharon Kephart Resident 23.Brian Phillip Resident 24.Sheilah Miller Resident 25.Kathy Brady Resident 26. Ken DeYoe Resident 27.Lori Best-DeYoe Resident 28.Kevin Iverson Resident 29.Jill Varnor Resident 30.Paula Varhol Resident 31.Carlos Morgan Resident 32.Andre Koen Resident 33.Jane Sandberg Resident 34.Jean Fiereck Resident 35.Cindy Tewalt Resident 36.Diane Russell Resident 37.Aleen Kemp Resident 38.Laura yang Resident 39.Ephraim Olani Resident 40.Beatrice Ndiwigah Resident Work Session]W1Agenda1Item No k'A I alk'A 0) 1LflhJ S[I1JJ[IJ I tI) 1 JI1 0)I DATE: November 28, 2017 TO: Curt Boganey, City Managery-9 Gary Eitel, Director Of Business & Development SUBJECT: Review of an alternate development concept and vision proposed by CCG Holdings for a market rate apartment development within the southern portion of the Opportunity Site. Recommendation: It is recommended that the City Council consider providing direction to staff regarding proceeding with an alternate development concept and vision proposed by CCG Holdings for a market rate apartment development within the southern portion of the Opportunity Site. Background: On September 14, 2015, the City Council/EDA. Work Session included a discussion on a preliminary development agreement (Contract for Exclusive Negotiations with Sand Development LLC) for the development of a market rate apartment and commercial Planned Unit Development within the southern portion of the Opportunity Site. The majority consensus of the City Council/EDA was to move forward with the development plan. On October 12, 2015, the EDA adopted Resolution No. 2015-22, a Resolution Approving Agreements Related to the Development of the Opportunity Site. On January 25, 2016, the City Council/EDA Work Session included a review of the Conceptual Master Plan illustrating the conceptual development of the southern 32 acres of the Opportunity site for the phased development of seven apartment buildings, comprising a total of 746 market rate apartment units; a two acre commons area with pool & activity building; a 50,000 sf. performing arts center with structure parking providing 160 stalls; public and private utility and street improvements to serve the development. The consensus of the City Council/EDA was that the Conceptual Master Plan provided by Sand Development and Solution Blue met the City's vision for the redevelopment of its 32 acres within the southern portion of the Opportunity Site and satisfactorily addressed the provisions of the Preliminary Development Agreement necessary to proceed with the preparation of a Final Development Agreement. On February 8, 2016, the EDA adopted RESOLUTION NO. 2016-06 Authorizing Preparation of a Final Development Agreement Related to the Development of the Opportunity Site. Attached for your reference is a copy of this resolution and the February 8, 2016 staff memorandum. The preparation of the final development agreement with a construction schedule for the first phase to commence in 2016 stalled with the following outstanding issues: Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (lie public trust ! I 3k'A (I) I1Bfill 11111111111!iLI) 1 SJ EEi[S)il 1.The developer was unable to secure financing for the first phase of two apartment buildings comprising 308 units. 2.The public infrastructure costs projected at approximately $6.9 million were addressed as a fiscal challenge that could be resolved through a LCDA application for a Metropolitan Council Livable Communities Grant vs. a more cost effective project design alternative. 3. The developer's proforma required up-front TIF assistance of $5 Million through the EDA sales of a G.O. TIF Bond vs. a Pay-As-You-Go Note. The City's financial consultant, Springsted Financial, projected that a first phase of 200 unit apartment units having an assessed valuation of $135,000 per unit could support a TIF Bond of approximately $6.3 Million. To fund a $6.9 Million public infrastructure bond and the developer's requested economic assistance, the first phase needed to capture the tax increment 300 units. A recent FHA preliminary mortgage application Sand Development received a response recommending that the application be limited to 200 units. This fall, the EDA retained Loucks & Associates to assess the storm water management options for the Opportunity Site and the development costs for public infrastructure. Their analysis provided an alternative layout and design for storm water management with projected public infrastructure costs in the range of $2.3 Million. 2017 EDA BUDGET- GOALS: • Completion of the 1st phased redevelopment of the Southern Portion of the Opportunity Site is a 2016-2018 Strategic Goal established by City Council which has been addressed in the EDA's Budget proposal as follows: During the planning period of 2016 —2018, the EDA will complete the demolition of the vacant Brookdale Square buildings and the former Brookdale Ford site; complete the master planning of all infrastructure improvements for a multi phased planned unit development; establish a tax increment redevelopment district and financial strategies to enable the completion of all necessary infrastructure improvements; enter into development agreements with a qualified developer for the phased development consistent with the City's vision and master planning of the Opportunity Site. 1112017, the first phase development of approximately 200 market rate apartment units will commence. Throughout 2016, this strategic goal has been a significant component in staff presentations on planning and development activities within the City's Central Commerce District. The message focused on the EDA' s commitment for a quality market rate apartment development for this site with an understanding that the EDA was open to considering development options that would promote and strengthen opportunities to achieve its goals. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust L I ak' [I] 1WI U'A Iflk[J IA'LI) 1 4i aFi (IJI Attached is a development option provided by Devean George, partner with CCG Holdings, illustrating a vision for the development of the Opportunity Site that includes both market rate apartments, independent senior living apartments, and townhomes, a future performing arts center and a Brew House - restaurant. CCG Holdings, is requesting a 60 day exclusive negotiating agreement with the EDA (until the February 13, 2017 EDA Meeting) to work out a phased development agreement and tax increment assistance plan with the City of Brooklyn Center. Policy Issues: Does the Conceptual Development Plan provided by CCG Holding meet the EDA's vision for the residential redevelopment of the southern portion of the Opportunity Site? Does the EDA wish to proceed with a 60 day exclusive negotiating period with CCG Holdings to negotiate the details of a phased development agreement and tax increment assistance plan? Strategic Priorities: Targeted Redevelopment !'Iissio,i: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Memorandum To: Mayor Tim Willson & City Council Members, City of Brooklyn Center Attn: Curt Boganey, City Manager From: Devean George, Partner, CGG Holdings Date: 11/18/16 Re: Master Design Concept - Opportunity Site Mayor Willson and City Council Members, Our firm has completed a master design concept for the 36-acre Opportunity Site in Brooklyn Center. This design includes the following components: • 425-475 market rate apartment units with 425-575 underground parking stalls and 230 surface parking stalls; • 200 senior apartment units with 200 underground parking stalls and 80 surface parking stalls; • 60 townhomes with terraced courtyards and 120 underground parking stalls; • 37,000 square foot Community Arts Center and 6,000 square foot retail building (restaurant/brew house) with 290 surface parking stalls; • Green areas for community park/event spaces, common areas, dog park, and a perimeter green area & trail with connections to the Regional Trail System. We understand that the City Council has a 2016-2018 strategic goal for this site to be developed, and we're excited to partner with the City to achieve that. We also understand that the City has established a tax increment financing district to finance the public street and utility improvements, and that the City recognizes that the use of tax increment funds as a fiscal bridge is necessary to achieve the development of market rate apartments to be built in today's housing market. CGG Holdings would like to negotiate a working partnership with the City of Brooklyn Center that would include the first phase of construction of 200 apartment units, to commence in 2017, and a Pay-As-Go-Note to bridge the financial gap for the private improvements. This time period sets the February 13, 2017 City Council/EDA meeting as the target date for this agreement. Thank you for your consideration. 1161 Wayzata Blvd E *t403 1 Wayzata, MN 55391 Ni , ;• ): LI 4! - - Ro- C.) CD (0 G) c0 ci z 0) I0CCr) z G) Cr) Hm : \\•\ \\ \ \ : wA\ , A L1N .1 k - All RAlff \ Cl) m m Cl)I 0 z 0 C-) 0zHm mI 'ii- > -D> =1 niz co H C 0 z G) 0)mz 073 0CC') z mCHC73m 0I Cl)m 73H rnzHCl) C/) >73 CD(C CD CDCDO 0 z 0Cl) I 0CCl) z 0 Cl) Hm I0C0)z G) 0m0 0 (I) CD GD D CD Cl)—I0 >> CD> 0> o- coz z 0 m -u> z0 CD-CD N) CC CD CD-CDCD - N)CDF')Uo CD CD CD>->N) CDCD C)JCC!) 0 CD CD CDCDCo CDm in CD >-0> C- >U>C:>C C Q)W CDmmGDC- CD G)m DD -- ZOO CJXJ00 > 0mm Ez —1GD >0u o> r7 j m j CD >> rn mtim CD 00 m <—i> dCDCD Z mmCf)>-<0 >ZZ-C- I-Cf) CD 2 C-—1--I CDCD CD C-C)-CD>CD rnC- C-2 CD -CDCDCCD C)In CDoI2]-Io41CD(DC I° CC 0)0) CD00)0)0)ICDCDCD0CCD -CD CDCDCD N)CD 0)-CD.C coC)N) CD(0 CO cn N)CD) (0N)CO ) cn CD 1 C— - GD —1 m 70 —1 CD —Io—I>I—mGD Cl)z—1 ><—1CD GD Commissioner Kris L aqrenc e -Anders onifltrOdUCed the following resolution and moved its adoption: EDA RESOLUTION NO.2016-06 RESOLUTION AUTHORIZING PREPARATION OF A FINAL DEVELOPMENT AGREEMENT RELATED TO THE DEVELOPMENT OF THE OPPORTUNITY SITE WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota ("EDA") is working, in accordance with the strategic plan for the City of Brooklyn Center, to redevelop the former Brookdale Square and Brookdale Ford sites, which are now owned by the EDA (the "Opportunity Site"); and WHEREAS, the EDA is overseeing the development of the Opportunity Site and Sand Development, LLC, 366 South Tenth Avenue, Waite Park, Minnesota 56387 ("Redeveloper") is proposing to redevelop the southern portion of the Opportunity Site; and WHEREAS, at its October 12, 2015, meeting, the EDA adopted Resolution No. 2015-22 authorized entering into a Preliminary Development Agreement with the Redeveloper to set out certain responsibilities related to developing preliminary plans and determining feasibility for redeveloping the Opportunity Site and authorized hiring Solution Blue, Inc., 318 Cedar Street, St. Paul, MN 55101 to conduct the work to be performed by the EDA under the Preliminary Development Agreement; and WHEREAS, the parties have substantially completed their work under the Preliminary Development Agreement and a concept and vision for the phased development of a market rate apartment development ("Apartment Development") within the southern portion of the Opportunity Site was presented to the EDA at its January 25,2016 work session; and WHEREAS, the proposed Apartment Development meets the City of Brooklyn Center's vision for redevelopment of the Opportunity Site and the next step in the process is for the parties to negotiate and enter into a Final Development Agreement to facilitate construction of the Apartment Development; and WHEREAS, the understandings of the parties regarding the development that would be addressed in the Final Development Agreement include the following: a.Duration of the contract; b.Terms and price of the land acquisition costs; c.Plans and schedule of site preparation improvements to be completed by the EDA; d.Plans and schedule for the public improvements to be completed by the EDA; e. Schedule for the conveyance of buildable lots and the Redeveloper's schedule for construction of the private improvements and residential portion of the planned unit development; EDA RESOLUTION NO. 2016-06 f.Affordability requirements; g.City review and approval rights (environmental assessment worksheet, residential planned unit development, platting, and site plans); and h. Other financial assistance that may be required to complete the improvements. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota as follows: The EDA hereby authorizes the preparation of a Final Development Agreement with the Redeveloper concerning the Apartment Development within the Opportunity Site that reflects the general terms and understandings contained within this Resolution. 2. The negotiated Final Development Agreement must be submitted to the EDA for review and final approval. February 8, 2016 Date f/ 2 / / J President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lin Myszkowski and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DATE: February 8, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Authorizing Preparation of a Final Development Agreement Related to the Development of the Opportunity Site. Recommendation: It is recommended that the Economic Development Authority consider approval/adoption of a Resolution Authorizing Preparation of a Final Development Agreement Related to the Development of the Opportunity Site. Background: On September 14, 2015, the City Council/EDA Work Session included a discussion on a preliminary development agreement (Contract for Exclusive Negotiations with Sand Development LLC) for the development of a market rate apartment and commercial Planned Unit Development within the southern portion of the Opportunity Site. The majority consensus of the City Council/EDA was to move forward with the development plan. On October 12, 2015, the EDA adopted Resolution No. 2015-22, a Resolution Approving Agreements Related to the Development of the Opportunity Site. On January 25, 2016, the City Council/EDA Work Session included a review of the Conceptual Master Plan illustrating the conceptual development of the southern 32 acres of the Opportunity site for the phased development of seven apartment buildings, comprising a total of 746 market rate apartment units; a two acre commons area with pool & activity building; a 50,000 sf. performing arts center with structure parking providing 160 stalls; public and private utility and street improvements to serve the development. The consensus of the City Council/EDA was that this Conceptual Master Plan provided by Sand Development and Solution Blue met the City's vision for the redevelopment of its 32 acres within the southern portion of the Opportunity Site and satisfactorily addressed the provisions of the Preliminary Development Agreement necessary to proceed with the preparation of a, Final Development Agreement. Attached for your reference is a copy of the Conceptual Master Plan and a staff memo presented at the January 25 th Work Session. Preliminary Development Agreement (Contract for Exclusive Negotiations) The Preliminary Development Agreement (Contract for Exclusive Negotiations) identified the roles and responsibilities of the EDA as the Master Developer of the Opportunity Site; Sand Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Development, LLC as the Redeveloper (builder and manager) of the residential portion of the site; and the following preliminary development tasks to be completed before proceeding with a final development agreement: 1.The EDA finds the design schemes and planned improvements developed by Sand Development meet the City's vision for the redevelopment of the Opportunity Site. 2.The necessary findings and assurances that the project is feasible and marketable are made by Sand Development. 3. The EDA approves the necessary infrastructure improvements and determines that they are economically feasible to be funded through a Tax Increment Bond. Preparation of a Final Development Agreement The development issues that were identified in the Preliminary Development Agreement to be addressed within the Final Development Agreement include the following: a.Duration of the Contract b.Terms and Price of the Land Acquisition c.Plans and Schedule of Site Preparation Improvements to be completed by the EDA d.Plans and Schedule for the Public Improvements to be completed by the EDA e.Schedule for the Conveyance of Buildable Lots and the Redevelopers Schedule For Construction of the Private Improvements and Residential Portion of the PUD f.Affordability Requirements g.City Review and Approval Rights (Environmental Assessment Worksheet, Residential Planned Unit Development, Platting, and Site Plans) h.Other Financial Assistance that may be required to complete the improvements. With respect to these development issues, the following comments are intended to provide the EDA with insight into the negotiations with Sand Development and the drafting of provisions within the Final Development Agreement: Duration of the Contract It is projected that the project will be built in three or four phases over the next 8-10 years. The negotiations will focus on the percentage of occupied units necessary to proceed with the next phase of the development. Terms and Price of the Land Acquisition The proposed development concept provides for the EDA to retain ownership of all lots until the developer has obtained site plan approval, approved construction plans, and necessary financing to complete the building & site improvements. The lot price has been determined to be one dollar with the EDA retaining the Tax Increment generated from the development during the life of the tax increment district. Plans and Schedule of Site Preparation Improvements to be completed by the EDA The negotiations will address the site grading and improvements for the lots proposed to be conveyed with the 1st phase of the development and the interim improvements planned for Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves (lie public trust MM the lots proposed to be developed in subsequent phases. Plans and Schedule for the Public Improvements to be completed by the EDA As part of the PUD and Platting process, the EDA will have plans and specifications prepared for all of the public street improvements (extension of Earle Brown Drive), municipal water and sanitary sewer lateral lines to serve the development, storm sewer and storm water management plans for the development. The EDA will then proceed with the public advertisement of bid, financing and awarding of contracts to complete the necessary public improvements. Schedule for the Conveyance of Buildable Lots and the Redevelopers Schedule for Construction of the Private Improvements and Residential Portion of the PUD The negotiations with the developer will identify a schedule for the development of the apartment buildings and private improvements to be completed with each phase and strategize opportunities to enhance the overall project. The schedule for the conveyance of buildable lots will directly relate to the construction schedule of the individual lots. Affordability Requirements The funding used by the EDA to acquire this property and the proposed Tax Increment Financing District do not include an affordability requirement. City Review and Approval Rights (Environmental Assessment Worksheet, Residential Planned Unit Development, Platting, and Site Plans) The development agreement will recognize the above approvals necessary for this redevelopment project. The EDA will be the applicant for all of these entitlements, with the exception of the individual site plans which Sand Development will be the applicant. Other Financial Assistance that may be required to complete the improvements The preliminary projections of the revenue from the proposed tax increment district are sufficient to complete the public improvements of the development and the opportunity to consider other enhancements to the attractiveness and market receptiveness of the development. The EDA does reserve the option of seeking partnerships with other governmental units and agencies to complement the redevelopment of this area. Budget Issues: The initial development costs for planning, engineering, and legal fees are being funded by Tax Increment District No. 3. The planned improvement costs for this development are part of the financial planning and budgeting associated with the creation of Redevelopment Tax Increment Financing District that is scheduled to be created at the March 28, 2016 City Council and EDA meetings. Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust C'Ry of Broddyn Center Southern Opportunfty Ste CONCEPTUAL MASTER PLAN TECHNICM SUMMARY JANUARY 15, 2016 I; l:o - B-, Uk. Rd. -ritrof _____ aune / A<\ \ 7111)u eOIN Solution Bl ___ aLFT% UR water matters at chitects De3'e!OpJileflt,LLC Brooklyn Center Southern 1Opportunity Site IIL.U.].]iit iii The design proposal is based on the idea that a great place brings together multiple aspects of healthy living that balances housing, open space, density, environmental stewardship, and recreational opportunities in a pedestrian scaled environment. The design composes housing within a series of green spaces that encourage activity, pedestrian use, and public interaction. The 31.33-acre development is comprised of approximately 750 housing units within a system of public streets and 12.5 acres of connective trails, parks and layered green infrastructure that manages stormwater as amenities to perform critical ecological functions for the environment. The Southwest corner of the site is currently planned as a future civic node that would act as a public cornerstone to the new neighborhood. Through design, the project creates a unique environment that is engaging, interesting, functional and builds a sense of ownership rooted in a Brooklyn Center identity. The site plan concept proposes approximately 750 units of multifamily, apartment style rental homes. Based on preliminary market study projections and subject to market conditions, it is anticipated that the full build-out and absorption period will range from seven to nine years. It is anticipated that approximately 200 units will be open for occupancy within the first twenty-four months followed by another 100 units twelve months later. At that time, a better idea of staging of the remaining units can be determined. The Street The extension of Earl Brown Drive is the main armature for the development and is designed with the specific intent that the street can be an enjoyable place to be. The result is a fully functioning road that acts as open space supporting pedestrian and recreational use. The road extension uses controlled intersections to deter pass through traffic in the residential area. Pedestrian crosswalks are located at intersections and key crossing areas that access park amenities. The street is designed to functionally meet all vehicular standards and safety needs while creating a robust pedestrian environment that connects to the natural systems and the trail along Shingle Creek (see Appendix B for Traffic Analysis). This connection is critical to the development as it creates a direct access to Centennial Park and connections to regional trails. The street is designed with 10' wide multi-use trails on each side of the street, tree planted boulevards and pedestrian level street lighting. Housing units are positioned to provide a sense of enclosure and a comfortable pedestrian environment. Other amenities such as seating, pocket parks, plazas, unique stormwater management features, and public art further support the use and a successful street design. The Green Soace The project is designed on a "complete street" model that connects a series of open spaces organized around a large central green. Smaller pocket parks terminate the ends of Earl Brown Drive uniquely framing the street with open spaces. The pocket parks could hold rest locations, creative stormwater management technologies, playground, shelter and public art. Other pocket plaza areas extend off the street at corners and along housing units providing other opportunities for residents and the public to actively use the outdoor environment. The main park space acts as the organizing hub to the entire development. It is composed of open lawn areas, a community center with pool, plazas, playgrounds and a series of unique stormwater management features that celebrate storm water conservation and stewardship. The central park extends along an arching axis that directly connects the corner of Bass Lake Road and Shingle Creek Parkway. Along the axis, rainwater features frame spaces and connect through the development to the future civic cornerstone. Stormwater Stormwater and water management stewardship contribute to a healthy living model where residents and visitors are encouraged to acknowledge and interact with their surrounding environment. In this development, stormwater management is layered into green spaces where it is displayed as an amenity to space and place making, rather than hidden or managed as often-neglected rain gardens. These layered "green infrastructure" systems range from highly designed hard-edged stormwater features to more natural filtration basins. By combining gathering space, walkways, walls and other site features with stormwater systems, the design intends to create managed spaces that celebrate water as an integral component of place making. (See Appendix C) 2 grim iiia:rrn rn [T1i1!TU M1 ii*isiI1tT7 The apartment buildings proposed for the Brooklyn Center site will be four story apartment structures over underground parking garages. The parking garages are to be constructed with concrete walls and floors and precast columns and beams supporting hollow core concrete floor slabs having a three hour fire rating. Access to the garages will be via ramped concrete driveways with in-slab heat to avoid ice problems. The parking garages will accommodate one parking spot per apartment unit. Garages are heated and have sprinkler coverage. Passive radon control systems will be incorporated into the construction. The apartment units will be constructed of wood frame systems meeting the Type V —One hour International Building Code Construction Type. Floors and roofs are framed with long span wood web joists 22 inches deep, and exterior and corridor walls are of 2" x 6" frame construction. Stair, elevator and mechanical vertical shafts will be two hour rated construction. The building will be fully sprinklered including within floor and roof joist systems and dry standpipe systems will be located in all stair shafts. Exterior walls will be clad in several long lasting materials including an ashlar stone faced concrete masonry product, a cement board panel system and cement lap siding. Balconies will have prefinished aluminum decking and powder coat painted railings. Roofs will be white PVC membranes over rigid insulation. Apartment units will be fully finished with painted gypsum walls and floors of residential carpeting with ceramic/porcelain tile in baths and kitchens. Corridors and stairs will be carpeted with mats used at all entrances. Each apartment building will have a managementoffice and conference area and larger buildings will also have maintenance offices. A fitness center will be located in each building as well as community gathering rooms. Exterior patio areas with gas grilles, picnic tables and fire pits will serve each building. Playgrounds will additionally be provided for each building. Apartment units will have individual central gas fired heating and air conditioning. Hot water will be supplied from central boilers and water storage tanks. Apartments will be individually metered for gas and electricity. All apartments will be provided with TV, Data and Phone cabling. A—i Apartment Homes Featured Amenities • Custom Kitchen Features ° Washer/Dryer in Unit ( • Controlled Access Entry ° Undergrounc Prklng \ • Outdoor Space and Grill ° Community Rocm -.. • Walk-In Closets On-Site Manager • Fitness Room Package and Dry Cle&iing Accomodãttos '.,- wIcI Deck Bath / Bedroom---Deck /11 Living Bedroom Bedrogm' Living Bedroom aundry - Bedroom r -Room -:Room WIC caund y3j 1 "14 Kitchen Living Room Kitch en Lunciii Bath Bath 'Bat j Kitchen - __________ I) IILJI One-Bedroctrn Two Bedroom Three Bedroom 25sqcféet ,) 1 1,045 sq. feet 1,360 sq. feet / Liu SmDU Fr/P - Actual representations of floor plans may vary. View our website for more information. www.SandCompanies.com PCl/AL HOUSINGOPPORTUNITY We offer the benefits of a professional management team as well as the individual attention you deserve. For other great properties, visit our website. +Sand Property Management, LLC . - PropertyManagement@SandCompanies.com I www.SandPropertyManagement.com 366 South Tenth Avenue I P.O. Box 727 1 Waite Park, MN 56387-0727 P: 320.202.3100 I F: 320.202.3139 T Ui 4J Ln Ui LIA H >=H z H 0 0 H 0 LU I z IIz I o ZLfl < : I- LU (/)Nih )( z = Ld oI ILUW - I I000000 o IIzzzzzz z I ILUWUJUIWLU LU Iin no 0 n/---, --- a) 0 a)a).0 -000oa a 0NT co IL ik A-4 Work Session Agenda Item No. 3 k"A I Mk'A (I) 1I )1IkYA iLI1U[iJ I !ALI) 1 I 3II [IAi DATE: November 28, 2016 TO: Curt Boganey, City Manag 4 FROM: Jesse Anderson, Deputy Director of Building and Community Standards/HRA(2 Specialist SUBJECT: CDBG Funding Process Recommendation: At a recent budget meeting it was requested that a work session item be added to discuss the CDBG funding process and guidelines. It is recommended that the City Council consider providing direction to staff regarding the process for CDBG public service agency application and consideration. Background: CDBG Overview Funding is provided by the U.S. Department of Housing and Urban Development (BUD) to help with community development activities that benefit low and moderate income persons. Hennepin County funding serves suburban cities with the exception of Bloomington, Eden Prairie, Minnetonka and Plymouth who receive CDBG funds directly from BUD. Brooklyn Center is considered a Direct Allocation City and is a sub-recipient of the funds through Hennepin County. Applications for suburban Hennepin County's Community Development Block Grant (CDBG) are submitted by cities to the County, with the exception of public service agencies seeking funding to serve the Consolidated Pool. Activities eligible for funding include • Preserving and creating multifamily rental housing • Preserving and creating single-family homeownership • Supporting agencies that provide public education and outreach services for job training, homelessness prevention, fair housing, financial literacy, emergency assistance, domestic abuse shelter and counseling, senior centers, senior services, at-risk youth counseling, youth activities and transportation services • Improved community facilities and infrastructure • Neighborhood revitalization Brooklyn Center Process 1.December the city will receive information from Hennepin County regarding the anticipated CDBG funding allocation. 2.Vt Council Meeting in January the City Council Calls for a Public Hearing for the 1st Council Meeting in February. 3. January applications for Public Service Agencies are advertised on the city website iIIissioiz: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust hY I I'A [I) iI I1II iiiiicsi i !A,Li) 1 3I'11 [IAI 4. End of January Application for Public Service Agencies are submitted. s• I't Council Meeting in February the public hearing is held for the CDBG funding. At that time the City Council provides a recommendation to staff. 6.2' Council Meeting in February a resolution is presented for Council Consideration. 7.Last Monday if February full allocation documentation required to be submitted to Hennepin County. Public Participation o The City holds a public hearing in February as required by Hennepin County Citizen Participation plan. Hennepin County holds public hearing after the City Council approval and approves the following years action plan. Hennepin County also creates a 5 year consolidated plan that includes the County Priority needs and goals. The 5 year consolidated plan is a process that involves citizen input through meetings, surveys, and public hearings. CDBG Statutory and Administrative Requirements Federal CDBG Statutory Requirements The federal authorizing statute for the CDBG program requires that each funded CDBG activity meet one of three national objectives: 1.Benefiting low income persons 2.Preventing or eliminating slums and/or blight 3. Meeting urgent community needs. The federal law also specifies that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year be used for activities benefiting low and/or very low income persons. Each city must meet this requirement at the local level. If a city chooses to allocate CDBG funds to eligible public service activities, the amount is limited to a maximum of 15% of CDBG funding. A city is not obligated to provide any funding to public service agencies. Hennepin County Administrative Requirements for Public Service Activities Pursuant to federal program requirements, each city receiving a CDBG allocation from the Urban Hennepin County CDBG program is limited to a 15% cap on public service projects if the city chooses to allocate funds to public service agencies. Other guidance provided by Hennepin County for the disbursement of CDBG funds follows: o The City has the flexibility to use up to 15 percent of their CDBG allocation to fund eligible, priority public services. Any public services not previously funded must be new Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust k I 3hYA [I) t1II )1BJh'A EI1IJcSJ I !iLI) 1 C41 JFi1 [I]l services or a substantial increase in a service. The CDBG funds are not intended to replace other funds. o Each Public Service activity should have a budget of at least $7,500. If funds are committed by other cities to carry out a single activity of mutual interest, this limit may not apply. CEAP, H.O.M.E. Program (Senior Community Services), Avenues for Homeless Youth, and HOMELine are considered multi-city activities or county-wide activities at this time. o CDBG activities must address a high priority need according to the County's Consolidated Plan. The current priority needs are: • Preserve and Create Multifamily Rental Opportunities • Preserve and Create Single Family Homeownership Opportunities • Create Housing Opportunities for Homeless Populations • Promote Education, Outreach, and Services • Support Neighborhood Revitalization • Stimulate Economic Development *Cities funding activities that are not high priorities under the consolidated plan must explain why the project is needed in their city. Policy Issues: Does the City Council prefer to continue with the current process or modify the process? Should City Staff continue to solicit for public service agencies applications? What process or policy should we use to select the agencies that receive funding? Strategic Priorities: • Resident Economic Stability • Targeted Redevelopment • Enhanced Community Image • Inclusive Community Engagement • Strengthened and Empowered Youth Mission: Ensuring an attractive, clean, safe, inclusive conununitJ' that enhances the quality of life for all people and preserves the public trust © uk J 0ffi -d.. , 1) E © EE© a) ( C CC EoCi) H N- a . 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CO COC Z -CN C- N CN -CN CN N NC N N N C (N 1(0 LI)CO N -C 0)CO N-(0 10 CO C --•------0 0 0 0 0 0 0 LL I CITY OFBROOKLYN A GREAT PLACE TO START. CENTER A GREAT PLACE TAY www.cityofbrooklyncenter.org Urban Hennepin County Community Development Block Grant Progiamn (CDBG) FY2016 (July 1, 2016 thru June 30, 2017) Application Request for City of Brooklyn Center Funds Supplemental Application Due: Monday, January 20, 2016 by 4:30 PM Public Hearing: February 8, 2016 YOU MUST COMPLETE AND RETURN THIS FORM TO BE CONSIDERED AS AN APPLICANT Organization Name:_____ Program Name:_ Purpose:______ %=Z^Requirements *1n order to be considered for these program you must meet the Alinimum reqgke-ments. 1. Does your Organization have a 501 (c)(3) status? Yes _LL No Li I. Do the activities benefit at least 51% low- and nioderate-income households with less than 80% Area Median Income (AM!) as stated by 111.51) AND are you able to provide Income-eligible certification for all clients? ;E] 3.Does your organizationhave the staff capacityto administer the program? 4.Do you understand and are capable of providing all required documentation to obtain reimbursement? 5. Which of the following Eligible Public Service Activities will the program provide? (Choose All that apply) •Employment services El 11 • Crime Prevention and public services LI LI • Health Services LII LI • Substance abuse services [II [Ii] • Housing Counseling LI] I LI • Education progxams LI 1 Li o Enerv Conservation El LI • Services for senior citizens Lj 1F • Services for homeless persons E I E Pare 1 of Score um score that will be considered as part of the Points (Officel ase PROGRAM PROPOSAL 1)Proposed program description. Be concise, yet thorough in describing the activity of only the program for which funding is being sought, and in only as much detail as needed. CDBG funds cannot be used to replace current program fluids. If this is an existing program and your organization did not receive Brooklyn Center CDBG funds last year. the funds must be used to expand the program or services. 20 2)Describe the anticipated results and accomplishments for your proposed program. Include information and statistics regarding Brooklyn Center local needs and population to be served. 20 3) Do other entities provide Brooklyn Center residents the same. or similar, services for which you are requesting funding? State the entities and briefly describe why your program is unique in the seryice activity you are proposing to fund. 10 4)Do you plan to provide this service to other cities or jurisdictions? 5)If yes. will CDBG funds be used? Oyes []No 10 6)Please describe how you plan to record and report accomplishments and monitor the results. 20 7)Please describe how your program meets one or more of the City's priorities listed below. (Check all that apply) See attachment for more information about city priorities. 20 Resident Economic Stability Targeted Redevelopment Enhanced Conununity Image _[J Inclusive Community Engagement [I] Strengthened and Empowered Youth LI Key Infrastructure Investments L] Describe: 8) Please describe how this program is ready for implementation and what steps would need to be taken before this program can be started. 20 Page 2 of 5 PROGRAM PERrORL4NC:E 9)Please describe your experience administering federal/public funds and how you 10 have been able to meet the compliance requirements. (please provide a copy of previous annual and quarterly reports) 10)If you have been approved for federal/public funds previously, please state if you have an instance where you have not met the reimbursement requirements as a person or organization? 11) If you have previously been funded through CDBG funds through Brooklyn 20 Center, please provide a breakdown of the services that have been provided to Brooklyn Center residents and the accomplishments. Please include demographic information, how many served, and associated expenses or other financial implications. By signing the statement below you are certifying your organization has the capacity to participate in the CDBG process and can provide the required documentation in the implementation schedule. I certify that all answers to the above questions are true and accurate. I understand that any false information on or omission of information from this supplemental application will be cause for rejection of this application or termination of funding. Applicant's Signature: Title: Received by: Date: Time: Pare 3 of CDBG Public Service Prograin Requirements City of Brooklyn Center Application Submittal Reiuirements Required Documents: 1.Completed and signed CDBG Supplemental Application 2.Copy of your Agency/Organization's 501 (c)(3) letter 3. Completed Public Service Funding Application Submittal Requirements: • Incomplete or late applications will not be considered. • All applications that meet the minimum requirements will be ranked base on capacity, needs and funding priorities. • Preferred method of receiving the completed documents is a pdf sent by email to: Jandersonci.brooklyn-center.nui.u5 or mail, or hand deliver it to: City of Brooklyn Center, Building and Community Standards Department, Attn: Jesse Anderson, 6301 Shingle Creek Parkway N, Brooklyn Center, MN 55430. Due date is by 4:30 P.M. January 20, 2016. CD BG Public Service Project Information Amount of FY2016 CDBG funds available: Up to approximately $30.000 is available for social service organizations. Organizations typically are allocated between $7,500 and $15,000. A program receiving multi-city CDBG flinching may be allocated an amount less than $7,500. The City may choose to not fund requesting public service agencies. Funding Priorities: • Program that support the city of Brooklyn Center Strategic Priorities • Programs supporting services to youth, diversity in the community, or that leverage community resources. In addition eligible activities include, but are not limited to those relating to; family self-sufficiency, counseling, domestic abuse. affordable housing, job readiness and training. Piogiam Requirements: • Activities must benefit low and moderate-income households with less than 80% Area Median Income (AM1) as stated by HUD and listed on the chart below. • Organization must have a 501 (c)(3) status. • Income-eligible certification must be provided for all clients served verifying that at least 51% are from low- to moderate income households. • Organization must have the staff capacity to administer the program and be capable of providing all required documentation to obtain reimbursement. Page 4 015 Timeline and Program Dates: • January 20, 2016, by 4:30 PM, completed application due back to city hail. • February S. 2016, 7:00 PM Public Hearing at the City Council meeting. Meeting offers opportunity for short (3-5 minute) testimony from each applicant. After public hearing the Council members will make final decision for the allocation of CDBG funds. • July 1 1 2016 thru June 30. 2017 - spend down timeline ofFY2Ol6 funds. No reimbursements can be made for program activities spent prior to HUD final approval, most likely on or shortly after July 1, 2016. Funds will be reimbursed after program activities have taken place, expenses have been paid, and required documentation has been submitted. • June 30, 2017 Final Reimbursement • January 1, 2017 At least one reimbursement request must be submitted. Pa2e 5 of