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HomeMy WebLinkAbout2017 08-28 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION August 28, 2017 6:00 p.m. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. 1.City Council Media Training (6:00 p.m.) 2.City Council Discussion of Agenda Items and Questions 3.Miscellaneous a. Discussion Regarding Aggressive Panhandling Ordinance 4.Adjourn CITY COUNCIL MEETING City of Brooklyn Center August 28, 2017 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 podium. 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.August 2, 2017— Joint Work Session with Financial Commission 2.August 7, 2017 - Joint Work Session with Financial Commission 3.August 14, 2017 - Study/Work Session 4.August 14, 2017 - Regular Session 5. August 14, 2017 - Work Session b. Licenses C. Resolution Authorizing the Issuance of Special Permits for Extended Sales Hours for the 2018 Super Bowl d. Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies CITY COUNCIL AGENDA August 28, 2017 e.BrookLynk Cooperative Agreement f.Authorizing Two (2) Grant Applications for the Interchange Project at Trunk Highway 252 and 66th Avenue 1.Resolution Authorizing Application for 2017 Transportation Economic Development (TED) Program Grant for Interchange Project at Trunk Highway 252 and 66th Avenue 2.Resolution Authorizing Application for 2017 Transportation Economic Development Infrastructure (TEDI) Program Grant for Interchange Project at Trunk Highway 252 and 66th Avenue 7.Presentations/Proclamations/Recognitions/Donations —None. 8.Public Hearings —None. 9.Planning Commission Items —None. 10.Council Consideration Items —None. 11.Council Report 12.Adjournment EDA MEETING City of Brooklyn Center August 28, 2017 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 podium. 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. August 14, 2017— Regular Session 4.Commission Consideration Items a. Resolution Approving and Authoring the Execution of a Letter of Intent to Sell Property at 1950 57th Avenue North Requested Commission Action: —Motion to adopt resolution. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 28, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. LII iJII (I]I ii aI'A k 1.Water Meter Failure Update 2.Discussion Regarding a Letter of Intent by SCA Properties, LLC (Developer of the Sanctuary at Brooklyn Center) to Acquire 6001 and 6007 Brooklyn Boulevard for the Development of an Adult Day Care 3. Discussion Regarding Accepting the Western Vehicular and Pedestrian Access Improvements from Xerxes Ave & 55th Ave Intersection as an Eligible Reimbursable Improvement to the Shingle Creek Crossing Development (Tax Increment Financing District No. 5) OIh[eIiR[IM1 t!1 NI' l 14IIMU€I Later/Ongoing 1.Conducting City Council Business Electronically - September 2.Liquor Licensing Update - September 3.Everybody In Update - September 4.Affordable Housing Policies - September 5.Policy Regarding Commercial Filming within the City Limits - October 6.Legislative Agenda - November 7.Food Trucks Update -November 8.South Opportunity Site Development 9.Community Dialogue Follow-up 10.Brooklyn Boulevard Corridor Update Oty C©uiinid1i Agenda 1ftm No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 2, 2017 CITY HALL - COUNCIL CHAMBERS I.. mrtIZIM1I]alll The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:35 p.m. Mayor Tim Willson, Councilmembers Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan were all present. Also present: City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. Councilmember April Graves was absent and unexcused. Others present were Financial Commissioners Anna Burke, Jeffrey Dobbs, Tia Hedenland, Rex Newman, Abate Terefe, and Dean Van Der Werf, Commissioners Teneshia Kragness and James Schultz were absent. II.APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the agenda. Motion passed unanimously. III.2018 BUDGET OVERVIEW City Manager Curt Boganey introduced the Budget Overview and Levy Adjustment process. He explained that tonight's meeting was to address two main issues. Staff is asking the Council to confirm that the proposed budget is addressing the priorities of the City and asking to determine the maximum levy. Mr. Reinhardt reviewed recent legislative changes and operating budget policies. He utilized graphs and data to explain revenue trends. Mr. Reinhardt explained legislative changes regarding: Sunday Liquor Sales, Local Government Aid (LGA) funds, Proposed Levy Certification date, National Night Out (police community relations) Expenditures, Small Cell Wireless, and Ordinance Notification requirements. He also explained that Levy approval dates for the HRA levy have been moved. Mr. Reinhardt provided highlights of the Council Priorities, major initiatives and proposals for the 2018 budget. The Council provided feedback regarding several initiatives, including website development, communication expansions and National Night Out and recreation service support. There was a general consensus that the program plans and initiatives were consistent with Council priorities and community needs. 08/02/17 -1- DRAFT There was a discussion regarding the proposed reconfiguration of the Building & Community Standards and Business Development Departments, as well as the new Community Development Director to replace Business Development Director Gary Eitel as he looks to retire. The City Manager indicated his intent to move forward with the hiring of a Community Development Director prior to year-end, so the new director would have time to work with Mr. Eitel. Councilmember Ryan addressed the increasing tax rates of residential properties as compared with commercial properties in the recent past. Commissioner Newman inquired as to what the net head-count increase reflected in the 8.24% value. Mr. Reinhardt expanded on the positions and responded that it is a total of three new positions. There was Council/Commission discussion regarding the proposed levy adjustment to retain the level of services and to meet the Strategic Priorities. There was consensus to set the proposed maximum levy adjustment in the range of 6% to 8%. Mr. Boganey said he will bring back a budget that is less than the proposed 8.24% maximum levy adjustment. Mr. Reinhardt laid out the next steps in the budget approval process and described what would be discussed at future meetings. I kt ___.IJ i'L,J 1 CIIDI'fir,X[I)m SI'AiJt Mr. Boganey and Mr. Reinhardt discussed a need for an additional Work Session to be decided at the following Work Session on August 7, 2017. 11. 11.1 U 1 Dl III 11(1 D II] !S1u1fi (S]F a.AUGUST 7, 2017 - GENERAL FUND BUDGET REQUESTS b.AUGUST 21,. 2017 - GENERAL FUND BUDGET REQUESTS CONTINUED C. SEPTEMBER 18, 2017 — RECOMMENDED PRELIMINARY LEVY & BUDGET d. SEPTEMBER 25, 2017 (REGULAR CITY COUNCIL MEETING) CITY COUNCIL ADOPTS PRELIMINARY BUDGET AND LEVY L'i ._ 1Jul11 1hY I Dh1 I Councilmember Ryan moved and Mayor Willson seconded to adjourn the Work Session at 8:40 p.m. Motion passed unanimously. 08/02/17 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JOINT WORK SESSION WITH FINANCIAL COMMISSION AUGUST 7, 2017 CITY HALL - COUNCIL CHAMBERS The Brooklyn Center City Council met in Joint Work Session with the Financial Commission and the session was called to order by Mayor Tim Willson at 6:29 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Also present: City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Acting Public Works Director Mike Marsh, Acting City Engineer Mike Albers, Community Activities, Recreation & Services Director Jim Glasoe, and Deputy City Clerk Rozlyn Tousignant. Councilmember Kris Lawrence-Anderson was absent and excused. Others present were Financial Commissioners Anna Burke, Jeffrey Dobbs, Tia Hedenland, Rex Newman, Abate Terefe, and Dean Van Der Werf. Commissioners James Schulz, and Teneshia Kxagness were absent. II.APPROVAL OF AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the agenda. Motion passed unanimously. III.2017 GENERAL FUND DEPARTMENT BUDGET REQUESTS a. FINANCE/MISCELLANEOUS Mr. Reinhardt provided a presentation regarding the Finance Department's budget request for 2018. Mayor Willson inquired about the staffing turnover rate and foreseeable retirements. Mr. Reinhardt stated that the City's estimate should be fairly accurate. Commissioner Newman asked if there would be offsets for temporary employees and/or overtime work. Mr. Boganey replied that some cities budget for 100% occupancy for the entire year, Mr. Boganey went further to explain that in budgeting that way, a city potentially will collect more taxes than necessary. Councilmember Graves added that at the Community Dialogue, a resident brought up a concern regarding City vacancies. Councilmember Graves followed-up by asking what the City's incentives are for employees to stay on and/or take on more leadership roles within the 08/07/17 -1- DRAFT organization. Mr. Boganey replied that building the strengths of current employees to be able to fill retiree positions is a philosophy that is encouraged among the many City Departments. I I]h'!AI II I ItI (ikl Mr. Edwards provided a presentation on some of the new initiatives within the Administration Department as well as the proposed budget for 2018. Councilmember Ryan asked a question regarding the Envisio item listed. Mr. Edwards responded that Envisio is a software system that will be used to track the City's Strategic Priorities. Commissioner Newman inquired if the Envision system would be able to measure different types of payments. Mr. Boganey replied that it would track initiatives and projects in different areas of the City's Strategic Priorities. 4I)tIkUSJIZ!Idl IYj Mr. Glasoe provided an overview of CARS proposed 2018 budget. Councilmember Ryan addressed some of the work on the HVAC system renovations. Mr. Glasoe explained that the supplemental unit out for bids which will open August 17. Councilmember went on to ask about the new Recreation Supervisor position and if there would be any impact on deferral of taking on the position. Mr. Glasoe responded that the Department would be able to go forward and function, however, it would make expanding and reaching the goals of the City more difficult. Councilmember Graves inquired about the Cultural Liaison Positions, when/if they were hired and any impact. Mr. Glasoe responded that the City will have three Cultural Liaisons and that they will be starting within the week with the goal of informing different culture communities what types of services and activities the City provides, registration processes, etc. Mr. Boganey added that some of the additional workload taken on by the CARS Department is in relation to the City's commitment to the Brooklyn Bridge Alliance for Youth and to be able to not only provide youth with programs, but to ensure that those programs are of a high quality. r.. &ll HI E'LI)4i Mr. Albers and Mr. Marsh provided information on the proposal for the Engineering and Public Works 2018 budget. Mayor Willson noted that the use of Riverwood Park has significantly increased. Councilmember Ryan asked about the deep, square-shaped cuts into the surface of roadwork throughout the City and whether that makes the streets more durable. Mr. Albers stated that he would have to check what the exact work was that is being done at each section. 08/07/17 -2- DRAFT Commissioner Newman asked about the City banners. Mr. Albers responded that the street light banners along the main roadways are in need of replacement. Councilmember Graves asked if the Public Works Department had any BrookLynk Interns. Mr. Marsh responded that the Public Works Department had one Intern who worked in the office. I I'L_ U1IM1 IH,U 11(1 D U a. AUGUST 21, 2017 GENERAL FUND BUDGET REQUESTS CONTINUED Is. i4 D'g DI 18, 201V RE CCOMMENDED PRELIMINARYa m aIiwi iiiI• ILII'IIIII tittI1LIIItLF' i[eW.i U ii I1LIiSJt1kU DI1 Councilmember Graves moved and Councilmember Ryan seconded to adjourn the Work Session at 9:10 p.m. Motion passed unanimously. 08/07/17 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 AUGUST 14, 2017 CITY HALL - COUNCIL CHAMBERS The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. Mayor Tim Willson and Councilmembers Dan Ryan, Kris Lawrence-Anderson, April Graves (arrived at 6:10 p.m.) and Marquita Butler were present. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Ku] awa- Daniels, TimeSaver Off Site Secretarial, Inc. 4iiLiiIkESJIU:)] k Ii[SJtI MI)7A1 VI KWL%I Xliii II (lJF1 None at this time. MISCELLANEOUS Councilmember Ryan noted he will be out of town August 15t1 - 20th and stated it shouldn't interfere with any meetings or City Council commitments. Councilmember Lawrence-Anderson stated the Brooklyn Park Police Department has implemented a safe meeting space for people looking to exchange items purchased offline from sites such as Craigslist. Brooklyn Park Police Department designated two parking spots in their parking lot where people can meet and safely exchange items purchased. She stated she would like to see if Brooklyn Center can look into doing something similar for the residents. Mr. Boganey stated he will get some information from the Brooklyn Center Police Department on this item and see if they could do something like this. Councilmember Butler stated she will be out of town August 15"' 201h as well and noted her absence doesn't interfere with any of her City Council commitments. Councilmember Butler also stated CEAP has invited Brooklyn Center City Council to participate in the fresh produce event every other Friday through October. She stated it was suggested that the City Council could do a meet and greet there one of the Fridays. Mayor Willson stated he has no objection to doing a meet and greet and asked Councilmember Butler to coordinate the meet and greet with CEAP and the City Council. Councilmember Butler 08/14/17 -1- DRAFT stated she will coordinate that and get back to the City Council. Councilmember Butler stated she and Councilmember Lawrence-Anderson have been reached out to regarding some fighting on buses recently, she asked Mr. Boganey if he could provide the City Council with details on the incidents and what actions they are being asked to do regarding this issue from the Police Department. Mr. Boganey stated he has some information from Police Chief Gannon and noted he will provide this to the City Council. Mayor Willson stated there was another incident involving some girls and women fighting at Palmer Lake in the walkway, and noted he hasn't received all the details on this incident yet but they will be provided to the City Council once they are received. Mr. Boganey introduced Rebecca Gilgen, Brooklyn Bridge Alliance for Youth Director, and she provided background and history on this item. Ms. Gilgen introduced Marilee Grant and Luis Salado-Herrera to the City Council. Mr. Salado-Herrera provided a presentation on the impact of the programs on the Youth. Ms. Grant of Boston Scientific provided a presentation on the employer perspective of the program and information on some of the successful program participants who have received college scholarships and grants as a result of the program. She highlighted Shiheina Munye, a Boston Scientific scholarship recipient, who is part of the program. Mr. Boganey provided information and background on the transition steps of this item and how it will and won't impact the City. Councilmember Graves stated she has watched Ms. Munye grow within the community over the years and is excited to see all she accomplishes as she continues to learn and grow. She stated she was happy to know they plan to continue to provide the networking and mentors they do during the transition. She asked what is next now that they won't have the BrookLynk program on their agenda, and what the next steps are for the Brooklyn Bridge Alliance for Youth. Ms. Gilgen stated they will take direction from the Board of Directors, they want to dig deeper into health and wellness and sports and learn how to support and grow the programs that are already in place. Mayor Willson stated there are some other great opportunities that they can't talk about at this time and they will make public as allowed to do so. 1 PMI1IJ 1I3 iIifl! I]3k I] 1SJk&Ai UI tIJft'iIiS1PJYIJ I P Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 08/14/17 -2- DRAFT I1aE•]k'i I3i U '&HiI1[fll Mayor Willson reconvened the Study Session at 6:47 p.m. BROOKLYNK COOPERATIVE AGREEMENT - MR. BOGANEY (continued) Mayor Willson stated this program is very important to the City and the work they do is very much needed. He stated the youth he has met within the program have been great and he supports the program. Councilmember Graves stated she supports this program and all they do and doesn't believe $50,000 is a lot considering what they are getting out of the program. Councilmember Butler echoed Councilmember Graves' sentiments and is happy to see their continued engagement through the transition and after. Mr. Boganey stated the supervisors and managers at Brooklyn Center who took on 18 interns, Dr. Edwards who promoted the idea, and the City staff did a great job. He noted Dan Jerzak and Jesse Anderson were recognized for their commitment to this program as well. Councilmember Ryan stated he is happy to see Ms. Gilgen again and appreciates all the work they do in the private sector. He stated when he was a high school student he was fortunate enough to participate in a program where he worked under a great person and learned a lot and stated the programs are so important. Ms. Gilgen stated she wanted to thank Marilee and Luis for their hard and passion filled work. She thanked the City for the opportunities and for providing a great partnership with BrookLynk and stated she is sad to see it go but knows it is where it needs to be and is in great hands. rsiu 1IkU niii I The Study Session adjourned at 6:57 p.m. Motion passed unanimously. 08/14/17 -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 AUGUST 14, 2017 CITY HALL - COUNCIL CHAMBERS :k1[] r'IKS] Dh INS) iu'i &i'i r t fl&IiIJ[I4IP 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 Dan Ryan, Kris Lawrence-Anderson, April Graves and Marquita Butler were present. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, 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 Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Butler read two quotes by Martin Luther King and requested a moment of silence and personal reflection as the Invocation. tSiI)1I] I4a[e1iJW. The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. tSIPWTI Mayor Tim Willson and Councilmembers Dan Ryan, Kris Lawrence-Anderson, April Graves and Marquita Butler were present. Also present were City Manager Curt Boganey, Director of 08/14/17 -1- DRAFT Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. JI III (I] LI m m tT[iJ The Pledge of Allegiance was recited. ste 00 Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.July 17, 2017 - Joint Work Session with Financial Commission 2.July 24, 2017 - Study/Work Session 3.July 24, 2017 - Regular Session 4.July 24, 2017 - Work Session 6b. LICENSES AMUSEMENT DEVICE Premier Amusements, Inc. GARBAGE HAULER Curbside Waste MECHANICAL Affordable Comfort Mech. Dba Apollo Countryside Htg. & Cooling Deans Tank Inc. Flare Heating and Air Cond. Integrity Heating & Air Conditioning MNS All Seasons Comfort, LLC SIGNHANGER Albrecht Sign Company Inc. RENTAL INITIAL (TYPE Iii— one-year license) 5431 Logan Avenue North INITIAL (TYPE II— two-year license) Maranatha Terrace 5401 69 th Avenue North 6420 Camden Avenue North 5232 Hanson Ct. North, Crystal 6510 Hwy 36 Blvd., Oakdale 1960 County Rd. 90 #200, Maple Plain P.O. Box 22515, Robbinsdale 9303 Plymouth Avenue N., Suite #104, Golden Valley 2145 128th LN NE, Blame 7365 147th LN NW, Ramsey 7775 Main Street NE, Fridley Chen Zhou Center Park Senior Apts. 08/14/17 -2- DRAFT 7131 Indiana Avenue North RENEWAL (TYPE III— one-year license) 2012 55th Avenue North 111862 d Avenue North 5408 Colfax Avenue North 7025 Drew Avenue North 6020 Emerson Avenue North 4207 Lakeside Avenue #138 5532 Logan Avenue North RENEWAL (TYPE II— two-year license) Unity Place 7256 Unity Avenue North 1606 71st Avenue North 2012 Ericon Drive 5350 Irving Avenue North 6900 Newton Avenue North Jeremy Paskewich Invitation Homes (Missing CPTED follow-up) Elbrus Management (Missing 1 ARM meeting) Su Feng/Khai Hong Lim Properties Dave Swartout Chad Tesmer (Missing 1 ARM meeting) Mark Jacobs Ira Kovaisky ICHDC LTD Partnership Gregory Lang Kristina Coryell John Heimen RHA 3,LLC RENEWAL (TYPE I— three-year license) 6412 Humboldt Avenue North Tou Yang 5813 June Avenue North Lena Lim 3301 Mumford Road Danny Vo 3024 Nash Road James Morgan do Peter Steen 6e. RESOLUTION NO. 2017-114 SUSPENDING THE RENTAL LICENSE FOR 4100 LAKEBREEZE AVENUE NORTH 6d, RESOLUTION NO. 2017-115 APPOINTING FINANCIAL ADVISOR 6e.RESOLUTION NO. 2017-116 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6f.RESOLUTION NO. 2017-117 APPROVING A LIMITED LEASE FOR BC LIQUOR AT 3615 48TH AVENUE NORTH, BROOKLYN CENTER, MN 55429 6g. RESOLUTION NO. 2017-118 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS AND DELINQUENT ADMINISTRATIVE FINES/CITATIONS 08/14/17 -3- DRAFT Q.Tf (NIIJ I;M[sI u] ORDERING 6i.- N O.L1Ir tThW NUISANCE E ORDERING 6j.RESOLUTION NO. 2017-121 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-05, 57TH AVENUE STREET IMPROVEMENTS 6k.RESOLUTION NO. 2017-122 AUTHORIZING APPLICATION FOR 2017 MINNESOTA HIGHWAY FREIGHT PROGRAM GRANT FOR THE INTERCHANGE PROJECT AT TRUNK HIGHWAY 252 AND 66TH AVENUE 61. RESOLUTION NO. 2017-123 AUTHORIZING EXECUTION OF AN AMENDMENT TO AUGUST 27, 2009, TRAILWAY COOPERATIVE AGREEMENT BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF BROOKLYN CENTER 6m. RESOLUTION NO. 2017-124 ADOPTING A VISION STATEMENT AND REAFFIRMING THE MISSION STATEMENT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a.PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 25, 2017, THROUGH OCTOBER 1, 2017, AS DIAPER NEED AWARENESS WEEK Mayor Willson read in full a Proclamation Declaring September 25 through October 1, 2017, as Diaper Need Awareness Week. Councilmember Lawrence-Anderson asked for the record what organizations accept donations for diapers. Mr. Boganey stated there is a list available online. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt a Proclamation Declaring the Week of September 25, 2017, Through October 1, 2017, As Diaper Need Awareness Week Motion passed unanimously. 7b.PROCLAMATION DECLARING OCTOBER AS NATIONAL PREGNANCY AND INFANT LOSS AWARENESS MONTH AND OCTOBER 15, 2017, AS NATIONAL PREGNANCY AND INFANT LOSS REMEMBRANCE DAY 08/14/17 -4- DRAFT Mayor Willson read in full a Proclamation Declaring October as National Pregnancy and Infant Loss Awareness Month and October 15, 2017, as National Pregnancy and Infant Loss Remembrance Day. Councilmember Ryan moved and Councilmember Graves seconded to adopt a Proclamation Declaring October as National Pregnancy and Infant Loss Awareness Month and October 15, 2017, as National Pregnancy and Infant Loss Remembrance Day Motion passed unanimously. Mayor Willson stated he spoke at the Prenatal Convention recently regarding the opioid addiction issue and the deaths it causes in births. He stated this is an important cause and issue that needs to be discussed. EL None. lt3I'AIi None. 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process 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 I Oal through 1 Oal 1. 08/14/17 -5- DRAFT PROVISIONAL RENTAL o', BEARD ''" 11PROVISIONAL Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 6001 Admiral Place; 5043 Brooklyn Boulevard; 5025 Drew Avenue North; 7018 France Avenue North; 7119 Halifax Avenue North; 4718 Twin Lake Avenue; and, adopt RESOLUTION NO. 2017-125 Approving a Type IV Rental License for 3300 65th Avenue North; RESOLUTION NO. 2017-126 Approving a Type IV Rental License for 6015 Aldrich Avenue North; RESOLUTION NO. 2017-127 Approving a Type IV Rental License for 6336 Beard Avenue North; and, RESOLUTION NO. 2017-128 Approving a Type IV Rental License for 5420 Emerson 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. 10b. RESOLUTION NO. 2017-129 DECLARING A PUBLIC IM[SI flJ ORDERING ABATEMENT AT 5848 ALDRICH AVE N Mr. Anderson, discussed the history, and stated the purpose of the proposed resolution. Councilmember Butler asked if this resolution is approved, how long would the owner have before the City would act on the abatement. Mr. Anderson stated they would have 10 days. Mr. Anderson stated he is aware there has been significant progress at the property so they may not need to do anything further once the report is done. Councilmember Graves asked if the medical issues indicated in the report have been resolved for the owner. Mr. Anderson stated he isn't aware of that status. Councilmember Ryan moved and Councilmember Graves seconded to open public hearing at 7:24 p.m. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close public hearing at 7:25 p.m. Motion passed unanimously. Councilmember Graves asked if the City programs have any help for senior citizens with clean- up and junk removal. Mayor Willson stated he knows they help with fixing items but to his knowledge do not assist with this level of abatement issues. 08/14/17 -6- DRAFT Councilmember Graves asked if they are aware of the age of the owner. Mr. Anderson stated he is not aware of this as he hasn't met the own himself. Councilmember Lawrence-Anderson asked if the cost will be less if the junk is reduced. Mr. Anderson stated the cost will be directly related to the cost charged by the contractor. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-129 Declaring a Public Nuisance and Ordering Abatement at 5848 Aldrich Avenue North. Motion passed unanimously. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to open public hearing at 7:27 p.m. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Graves seconded to close public hearing at 7:28 p.m. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017-130 Declaring a Public Nuisance and Ordering Abatement at 6007 Lyndale Avenue North. Motion passed unanimously. iL_4IiuJ[SJIUt11flhI)tiJ Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • July 25, 2017: Community Dialogue Session • July 25, 2017: Relay for Life for Cancer • July 28, 2017: Grand opening for the Boost Mobile store at Shingle Creek Crossing • July 31, 2017: National Night Out in the Park • August 1, 2017: Ride along with Brooklyn Center Police Department • August 2, 2017: Joint Work Session with Financial Commission 08/14/17 -7- DRAFT August 7 and 11, 2017: State of MN Transportation Funding Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: July 25, 2017: Community Dialogue Session July 28, 2017: Grand Opening for Boost Mobile o July 31, 2017: National Night Out in Centennial Park o August 1, 2017: Hosted National Night Out Party o August 2, 2017: Joint Work Session with Financial Commission Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: July 25, 2017: Community Dialogue Session o July 27, 2017: League of MN Cities Racial Equity Training o July 30, 2017: Youth Outreach event with the YMCA • July 31, 2017: National Night Out in Centennial Park o August 2, 2017: Joint Work Session with Financial Commission August 4, 2017: BrookLynk Potluck o August 5, 2017: Second Community Dialogue Session o August 11, 2017: BrookLynk Final Celebration o August 12, 2017: Motivation Youth Festival by Brooklyn Youth Council Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • July 25, 2017: Community Dialogue Session • August 1, 2017: National Night Out Party • August 2, 2017: Acer Meeting and Joint Work Session with Financial Commission • August 5, 2017: Second Community Dialogue Session • August 7, 2017: Joint Work Session with Financial Commission Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • July 25, 2017: Community Dialogue Session and Rotary Lunch • July 27, 2017: Spoke at the MN Prenatal Substance Use and Exposure Event • July 28, 2017: Meeting with City Manager Boganey • July 3 1, 2017: National Night Out Kick Off Party • August 1, 2017: Ride Along National Night Out with Police Chief and Dr. Edwards • August 2, 2017: Joint Work Session with Financial Commission • August 4, 2017: Meeting with City Manager Boganey • August 4, 2017: Volunteered for Meals on Wheels with CEAP o August 5, 2017: Second Community Dialogue Session o August 7, 2017: Joint Work Session with Financial Commission o August 8, 2017: Maranatha Dedication and Ribbon Cutting Ceremony August 10, 2017: Meeting with Alfreda Princess Daniels 08/14/17 -8- DRAFT August 11, 2017: Meeting with City Manager Boganey iP_JJLWJ hIU 3K11 Councilmember Ryan moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:42 p.m. Motion passed unanimously. 08/14/17 -9- 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 AUGUST 14, 2017 CITY HALL - COUNCIL CHAMBERS Iw1ptII•MiJJaUI The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 7:59 p.m. Mayor/President Tim Willson and Councilmembers/Commissioners Dan Ryan, Kris Lawrence- Anderson, April Graves, and Marquita Butler were present. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kuj awa-Daniels, TimeSaver Off Site Secretarial, Inc. r i Denise Butler, ACER Project Manager, Nelima Sitati Munene, ACER Executive Director, and Christine Hart with Community Action Partnership of Hennepin County Community Development provided a presentation on the background and purpose of this item. Councilmember/Commissioner Ryan stated in the Star Tribune newspaper, there was an article on the issue of landlords deciding not to take Section 8 anymore and noted it is now in litigation. He stated in some of these cases they may need to wait to see how the items in litigation play out before they can decide how to proceed and help with these issues. Mayor/President Willson asked what the State Legislature has indicated they are looking to do regarding the suggested local ordinances. Ms. Hart stated cities are still moving forward with these ordinances and then hoping the State makes some changes. Councilmember/Commissioner Graves stated she believes there are some items they are already working on but there are a few she believes they could look at. Mayor/President Willson stated he agrees with Councilmember/Commissioner Graves and also would like to explore and continue conversations on these issues. He stated at the Mayor's conference recently, they discussed the same issues and at a City level, they are being asked to look at the issues because it is closer to home and affecting their communities and then hopefully the state will follow suit. 08/14/17 -1- DRAFT Mr. Boganey stated the three policies that are being proposed are not new and have been used in other places. He asked how they choose these options and from their research, asked if it is their opinion that these are the most effective tools to address these issues being raised. Councilmember/Commissioner Ryan stated he wished they had been here earlier this evening during the presentation by Brooklyn Alliance for Youth. He noted they discussed how to lift people out of poverty and make changes. Mayor/President Willson asked if they would like to come back and speak further another time. Ms. Hart stated they would like to do that. Mr. Boganey noted he will add this to the agenda in the near future. DISCUSSION REGARDING A LETTER OF INTENT WITH EBERT CONSTRUCTION FOR THE COMMERICAL DEVELOPMENT OF APPROXIMATELY 2 ACRE' S OF THE NORTHERN PORTION OF LOT 1, BLOCK 1, NORTHBROOK CENTER 2 ND ADDITION (FOUR STORY, 112,000 SF COMMERICAL STORAGE BUILDING — 57 TH AND LOGAN AVENUES NORTH) — MR. EITEL Mr. Eitel Provided a presentation on this item with background and history. Councilmember/Commissioner Ryan stated the change in the configuration of the roadway makes this site somewhat disadvantaged. He stated due to the problems they have had with this site he feels this would be something he agrees with. Mr. Eitel stated this is a good site for this building in his opinion, brings income and not a lot of foot traffic, it is a win/win scenario, and noted it's a good-looking building. It was the consensus of the EDA/City Council to move forward with this plan. ri IJD1IJ iwivaii i Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Graves seconded adjournment of the City Council/Economic Development Authority Work Session at 9:47 p.m. Motion passed unanimously. 08/14/17 -2- DRAFT City Cmiinill Ageinida Hem Na. 6b DATE: August 23, 2017 TO: Curt Boganey, City Manager FROM: Rozlyn Tousignant, Deputy City C1er'4 SUBJECT: Licenses for City Council Approval Recommendation: It is recommended that the City Council consider approval of the following licenses on August 28, 2017. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address on the attached rental report. MECHANICAL Aerotek Heating & Air Conditioning The Fireplace Guys Heating & Cooling Consultants Henderson Heating and AC K.B. Service Company Master Mechanical McChesney Heating and Air St. Paul Plumbing & Heating Co. RENTAL See attached report. SIGN HANGER All Cities Sign Inc. Apparently Graphic, LTD Sign Source VEO Sign LLC 34345 Quinton Ave, Center City 680 Hale Ave N, Suite 110, Oakdale 101813 05th St. West, Northfield 3515 Dakota Ave, Woodbury 430 Cty Rd D East, Little Canada 1027 Gemini Rd, Eagan 8201 175th Ave SE, Becker 640 Grand Ave, St. Paul 7619 161st Ave NE, Forest Lake 8870 Zealand Ave N, Brooklyn Park 7660 Quattro Dr, Chanhassen 6353 Martin Ave NE, Otsego Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [Ei1Ih[ii I U I I DIhYA U'A I D1k74 (I) 1WIflSWA1 Rental License Category Criteria Policy - Adopted by City Council 03-0840 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Typel-3Year 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 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 I Type IV - 6 Months 1-2 units Greater than 8 License Number of Units Validated Calls for Disorderly Conduct Category Service & Part I Crimes (Calls Per Unit/Year) No Category 1-2 0-1 Impact 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 o 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. 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Li.Li.Li.C i a)a)(I)a)0)a)a)a)a)a)0)a)a)a) a)0 -.2 0) 00 0O0J CC CCC C C C CC CC CCC Ca) 00C U)c-O4-'0 N Q)U)C 4-'CZ a) z U ZZZ <4-'a)0E 0 CLLL a)><a)>C-i -J U _'0 I.C 1OH.LuC<.CC.CC 0..o E CO Ea)- .-'N 4-00 0 0 43<0<a)Cl).Cl) -0 U.. -a)-I 0.)><U '°C ..ii a)0.N '.0 '.0 N NLr)U) .E 0s-Ui o 0 CO 1!)000 004 N-4 -10 tv1 LI)H -40 v1 0N 4 0.00 COCO COCO '.0 CO CO Ci CO N N N CO N N '.0 U *= N CO -1 -C LI)LI)LI)1.0 '.0 LI)LI)4 '.0 * * * Oty (C©midll Agemida ]Item N0 I1li[SJ I U I IA Uh'A I 1k'4 (I] A!ii DATE: August 22, 2017 TO: Curt Boganey, City Manag FROM: Jim Glasoe, Director of Community Activities, Recreation and Service SUBJECT: Resolution Authorizing the Issuance of Special Permits for Extended Sales Hours for the 2018 Super Bowl Recommendation: It is recommended that the City Council consider approval/adoption of attached resolution authorizing the issuance of permits for extended liquor sales during the 2018 Super Bowl weekend. Background: The Earle Brown Heritage Center and FLIK International have been in negotiation with potential clients regarding events associated with the 2018 Super Bowl in Minneapolis. These clients have asked about the possibility of extended liquor sales for their events. The Minnesota Legislature, in 2017 Laws, 1st Special Session, Chapter 1, Section 19, authorized liquor licensing jurisdictions to issue special permits for the service of alcohol until 4 am., with certain limitations, associated with the 2018 Super Bowl. Under this resolution, the City Clerk would be authorized to issue special permits to those businesses within the City that hold an on-sale intoxicating liquor license or 3.2 malt liquor license ("Licensees"). Additionally, the City Clerk would be authorized to develop the application form and special permit form to implement this authorization. Licensees seeking a special permit would submit a complete application and permit fee to the City Clerk prior to 3:00 p.m. on January 31, 2018. Licensees issued a special permit pursuant to this Resolution would be allowed to extend its hours of sale until 4:00 a.m. each day during the period from 12:00 p.m. on February 2, 2018 through 4:00 a.m. on February 5, 2018. The fee for a special permit issued under this Resolution is recommended at $250. Staff has reviewed the possibility of extended hours with the other city departments and found no significant objections. il4ission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life Jr all people and preserves the public trust [1i1IJ[iJ Ifli DYA U'A I D1A 0) iWIflSJhYA I Budget Issues: By special legislation, liquor licensing jurisdictions are able to establish permit fees within an established range. The fee has been established at $250.00. The permit fees collected should be adequate to offset any associated costs. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL PERMITS FOR EXTENDED SALES HOURS FOR THE 2018 SUPER BOWL WHEREAS, the Minnesota Legislature, in 2017 Laws, 1st Special Session, Chapter 1, Section 19, authorized liquor licensing jurisdictions to issue special permits for the service of alcohol until 4 a.m., with certain limitations, associated with the 2018 Super Bowl; and WHEREAS, the City Council determines that exercising such authority to temporarily allow extended sales hours as part of the 2018 Super Bowl event is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center, Minnesota, as follows: Authorization to Issue. The City Clerk is authorized to issue special permits to those businesses within the City that hold an on-sale intoxicating liquor license or 3.2 malt liquor license ("Licensees") in accordance with this Resolution. The City Clerk is authorized to develop the application form and special permit form to implement this authorization. Licensees seeking a special permit shall submit a complete application and permit fee, as established herein, to the City Clerk prior to 3:00 p.m. on January 31, 2018. 2.Extended Hours. Licensees issued a special permit pursuant to this Resolution may extend its hours of sale until 4:00 a.m. each day during the period from 12:00 p.m. on February 2, 2018, through 4:00 a.m. on February 5, 2018. 3.Permit Fee. The fee for a special permit issued under this Resolution is $250. 4. Expiration. All special permits issued under this Resolution expire at 4:01 a.m. on February 5, 2018. RESOLUTION NO. August _28,_2017 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. CThly Cmmil Andi I[tm N©0 6d1 CflUNCJ{IL I{TFIM MEMORANDUM DATE: August 28, 2017 TO: Curt Boganey, City Manage FROM: Nathan Reinhardt, Finance Director (VY SUBJECT: Resolution Adopting Amendments to the Financial Policies Section of the Brooklyn Center City Council Code of Policies Recommendation: It is recommended that the City Council consider adoption of an amendment to the City's capitalization and depreciation policy for assets held by the City of Brooklyn Center. Background: Staff has reviewed the City's capitalization and depreciation policy for assets held by the City of Brooklyn Center, which was last updated by City Council on December 9, 2002. The policy is required tinder Government Accounting and Standards Board (GASB) rules to record and account for capital assets in accordance with City policies. For each asset category the policy provides the minimum dollar amount that is required for the asset to be capitalized. A useful life is then provided for each asset type that provides the number of years that asset will be depreciated. This policy does not impact the day-to-day operations of the City, its primary focus is for year-end financial reporting purposes and compliance with accounting standards. The finance division is working on a policy that will pull together current fund balance and capital project policies into one single policy. To simplify the process the policies will be updated and presented to City Council for consideration in four different resolutions over the next few months. If all four separate resolutions are approved by the City Council, the City Council will then be asked to consider an action to combine the previously amended policies into a single, "Fund Balance and Classification Policy". This is the first of those four resolutions for City Council consideration. Attached is the redlined policy with deletions in strikethrough and additions underlined, and a resolution adopting the proposed revisions to the capitalization and depreciation policy for assets held by the City of Brooklyn Center. Budget Issues: The policy does not have an impact on the budget. Strategic Priorities: o Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe, inclusive co,nnn,niti' that enhances the quality oft/fe fir all people and prese;i'es the pa b/ic host Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING AMENDMENTS TO THE FINANCIAL POLICIES SECTION OF THE BROOKLYN CENTER CITY COUNCIL CODE OF POLICIES WHEREAS, the City Council of the City of Brooklyn Center adopted a Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center on December 9, 2002 included in the City Council Code of Policies; and WHEREAS, revisions to Section 2.20 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center have been reviewed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the amended Section 2.20 Capitalization and Depreciation Policy attached hereto as Exhibit 1 be incorporated into the Code of Policies and hereby adopted. August 28, 2017 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. SECTION II GENERAL POLICIES City Council Code of Policies FINANCIAL POLICIES 220 Capitalization and Depreciation Policy for Assets Held by the City of Brooklyn Center The City of Brooklyn Center is required under Governmental Accounting and Standards Board (GASB) pronouncements to record and account for fixed capital assets in accordance with approved City policies within ceiain Internal Revenue Service (IRS) regulations. With the implementation of GASB 34, it will -be required that all fixed Capital assets will be capitalized and accounted for in the fund that provided financing for asset acquisition and should be credited with the value of that asset. Fix&l Capital Asset Capitalization and Depreciation Schedule Asset Category Value Threshold Land $0 Land Easements $10,000 Land improvements (parking lots, sidewalks, fencing)$25,000 Buildings/Building improvements (excludes furnishings)$50,000 Furniture and furnishings $10,000 Technology equipment (computers, communication systems, printers, network hardware) $10,000 Motorized vehicles (squad cars, pickup trucks, mowers)$10,000 Heavy equipment (plow trucks, fire trucks, loaders, graders)$25,000 Infrastructure improvements (water, sewer, storm sewer, street lights, streets) $250,000 Asset Type Examples Useful Life Non-infrastructure Land Land (not held for resale')Indefinite Land Easements Right of way, public easements Based on contract Furniture and furnishings Desks, tables, chairs 5 years Computer and network hardware Monitors, CPus, Printers, servers, switches, wireless 5 years access points. etc. Communication equipment systems Telephone systems, radio systems 4-0 8 years Motor Vehicles Cars and light trucks 5 years Fire trucks 15 years Heavy duty trucks 10 years Motorized equipment Heavy construction equipment Dozers, loaders, graders 10 years Ground maintenance Mowers, tractors and attachments 15 years Other equipment Recreation equipment, custodial equipment, engineering equipment 10 years City of Brooklyn Center 11/14/16 Page 221 City Council Code of Policies Buildings Buildings, park shelters I 25 years Infrastructure Water systems Trunks, mains, towers, pumps 25 years Sewer systems Trunks, mains, lift stations 25 years Storm sewer systems Trunks, mains, ponds 25 years Street light systems Street lights 15 years Traffic control systems Signal lights 15 years Streets Paved 25 years Reference: City Council Resolution No. 2002185 City of Brooklyn Center 11/14/16 Page 222 Cliy C©iidil Agfffidi kern N0 6e II1SJ[iJ I fl U Ik'A I I *hYA 0] UI WJ I DATE: August 28, 2017 TO: Curt Boganey, City Manage FROM: Reggie Edwards, Deputy City Manager SUBJECT: BrookLynk Cooperative Agreement Recommendation: It is recommended that the City Council consider adopting the proposed BrookLynk Cooperative Agreement between the City of Brooklyn Center and the City of Brooklyn Park EDA. Background: In 2013, the City of Brooklyn Center established as one of six strategic priorities the priority of "Inclusive Community Engagement", which focused on cooperation and collaboration. By 2015, the City added the strategic priority of "Strengthened and Empowered Youth". The two strategic priorities set forth the direction of the City to partner with other government, non-government, and businesses to improve the livelihoods and opportunities for youth. In September of 2013, the City of Brooklyn Center entered into a partnership with other local units of government (i.e. city, county, and school district), and higher education institutions to an alliance for youth called the Brooklyn Bridge Alliance (BBA). In 2014, the BBA launched the BrookLynk program for the purpose of achieving two goals, which were: 1.Customize the Minneapolis STEP-UP model for the cities of Brooklyn Center and Brooklyn Park 2.Build capacity amongst the Alliance partners to sustain the program BrookLynk provides youth and young adults (ages 14 to 21) who live in or attend school in Brooklyn Center and Brooklyn Park with skills training, experience and support needed to successfully develop their individual pathways to college and career. In 2016, three hundred and ninety-nine (399) youths applied for work readiness training, which approximately 136 completed the training. Of the 136 youths who completed the training, 62 of them went on to participate in internships and earning a median salary of $1,400. There were a total of 21 partnering institutions (i.e. a county, K-12 districts, community colleges, businesses, and cities) that offered internships and mentorship to the 62 BrookLynk interns. In 2017 there 97 youth hired for internships a 56% increase from 2016. The attached cooperative agreement is the official document of the settlement between the Cities of Brooklyn Center and the City of Brooklyn Park to guide and operate the BrookLynk program in a sustainable manner for the foreseeable future, which was presented to, reviewed and discussed by the Council on Monday, August 14, 2017. Mission: Ensuring an attract/re, clean, safe, inclusive conznw ni/v that enhances the qiuthtv of life fir till peoj,le an d preserves the public trust [S[I1J[SJ I fl N I LA I aIh'À 0) t1Ii1U'A I The framework for the cooperation agreement establishes commitments between the Cities Brooklyn Center and Brooklyn Park to: • Serve each community's youth equally • Share financial responsibilities of maintaining the program • Share liability • Share responsibility to raise funds for the program Elements of the cooperative agreement include: o Identification of Participating Parties o Recitals o Statement of Purpose o Roles and Responsibilities o Financing o Dissolution Program Expansion o Duration o Miscellaneous • Parties Signatures Upon hearing, reviewing, and discussing the presentation by partners and staff on the cooperative agreement, the Council has deemed the cooperative agreement as encouraging and key to the ongoing success of the City's commitment to fostering "Inclusive Community Engagement" and "Strengthened and Empowered Youth". The Council established a consensus on the positive impact of the BrookLynk program and a desire to execute the proposed cooperative agreement. On August 21St the Brooklyn Park EDA unanimously voted to approve the proposed cooperative agreement. Budget Issues: BrookLynk will be funded by a combination of sources including: funds provided by the Parties, ("City Funds"), funds from employers for internship wages and overhead ("Employer Funds"), and funds from grants, including without limitation governmental grants, and other charitable sources ("Philanthropy Funds"). Its total budget will be approximately $250,000, which includes a commitment of contribution from the two partnering cities (i.e. Brooklyn Center and Brooklyn Park) of $50,000 each. Policy Issues: Staff request of the Council: 1. The City Council considers adoption of the proposed BrookLynk Cooperative Agreement between the City of Brooklyn Center and the City of Brooklyn Park EDA, Strategic Priorities: Mission: Ensuring an tittractn'e, clean, safe, inclusive cornnuinitr that enhances the qualltv of life for all people i,iid preserves (lie public trust [i[S1Sh[iJ IR U I Dk"A VA I M'A (0] t1.%1 flIJhYA I Strengthened and Empowered Youth Mission: Ensuring an attractive, clean, si/, inclusive community that enhances the quality of life fir aiip cop/c and preserves the public trust BROOI(LYNK COOPERATIVE AGREEMENT Pursuant to Minnesota Statutes, Sectioh 471.59, this Cooperative Agreement (the "Agreement") is entered into by the City of Brooklyn Center, Minnesota and the Brooklyti Center Economic Dvelopment Authority (collectively"Brooklyn Center") and the Brooklyn Park Economic Development Authority ("EDA") which are municipal corporations of the State of Minnesota (each a "Party" and collectively, the "Parties"). RECITALS A.The City of Brooklyn Park, Minnesota ("Brooklyn Park" and i together with Brooklyn Center, the "Cities" and individually a "City") and Brooklyn Center are members of Brooklyn Bridge Alliance for Youth, an intermediary formed through a joint powers agreement between local government entities (the "Alliance"). B.Alliance operates BrookLyik, a summer youth employment program that exists to coordinate partnerships that prepare employers to engage and connect young people in Brooklyn Park and Brooklyn Center facing barriers to employment with the skills, experiences and professional social networks needed to develop their pathway to college and career ("BrookLynk"). C The Parties and Alliance desire for Brooklynk to continue operation wider the guidance and control of the Parties while maintaining the current BrookLynk staff. D.Brooklyn Park wishes to employ and provide office space for the staff who will maintain day to day operations of BrookLynl<. E.The Parties are committed to providing equal financial assistance to Brooklynk. F.The Parties are committed to making a good faith effort to include an equal number of BrookLynk participants from both Brooklyn Center and Brooklyn Park, G.The parties desire to seure funding frm third-party sources to support the BroOkLynk program and will work together to maximize these sources. H. The Parties agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes, Section 471.59, and Brooklyn Center Resolution No. and Resolution No, -and EDA Board Resolution No. and that control and operatiOn of BrookLynk will be carried out by the Parties as provided by this Agreement under the provisions of Minnesota Statutes, Section 471.59. 495329v6. JSB 5R275-1 87 NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the EDA and Brooklyn Center, the Parties-agree as follows: Article I STATEMENT OF PURPOSE Section 1.01 General Purpose , The Parties will undertake BrookLynktO: (a)increase opportunities for youth and young adults in the Cities; (b)decrease barriers to ernploymentfor youth and young adults; (c)decrease the overall unemployment and poverty rates in the Cities; (d)respond to the business comrnnitVs request to address workforce needs and its willingne8 to partner with the Parties to pay for the program; (e)increase the labor pool for employers in the Cities and address the current labor shortage; (f)increase capacity of businesses in the Cities to hire local re5idents; and (g) continue the Parties' co mmitrnent to supporting youth. Article I.I. ROLES AND RESPONSIBILITIES Section 2.01 Fiscal Agent. The EDA will act as the fiscal agent of BrookLynk by holding all assets and tendering payment for all obligations of BrookLynk. As the fiscal agent, the DA shall maintain financial reports, hire employees, and enter into contracts as necessary to carry out the functions of BrookLyllk. Brooklyn Center shall not be responsible for, nor engage in, any activities of the fiscal agent As fiscal agent the EDA May receive and expend funds and property from public and private sources for the purposes of BrookLynk operations. Section 2.02 Reporting. As the fiscal agent, the EDA shall make available reports concerning the finances and contractual obligations of BiookLynk within 30 business days of a request for such information The EDA shall also be responsible for providing timely any reports required for BiookLhk staIcholders and funders. Brooklyn Center shall provide notice to the EDA of any required reporting for grants or sponsorships Brooklyn Center intends to seek. Section 2,03 Insurance, Both Parties shall maintain insurance sufficient to cover their respective liability for BrookLynk Such insurance shall provide coverage for at least the amount of the liability limits set forth in Minnesota Statutes, Section 466.04, as 2 495329v6 JSB BR275-17 amended, i.e. $1,500,000 per occurrence or such other amount set forth in Minnesota Statutes, Section 466.04, as amended. A. To the extent allowed by law, the Parties agree to maintain the following insurance coverages, in an amount equal to, or greater than, the minimum limits described below, and upon request, to provide the other with a certificate of insurance evidencing such coverages I. Commercial General Liability Insurance in the amount of at least $1,500,000 per occurrence for bodily injury or death arising out Of each occurrence, as well as $1,500,000 per occurrence for property damage. in addition, each party shall maintain a general aggregate of at least $3,000,000. 2. Each party agrees to flame the other party as an additional insured on its c ommercial General Liability and to provide an endorsement of such status. In addition, each party agrees to notify the other party 30 days prior to cancellation or a change in any of the aforementioned insurance policies. All insurance must be provided at the respective party's expense and 'at no additional cost to the other party. B. The EDA agrees to maintain, or cause Brooklyn Park to maintain, \Norl<ers' Compensation Insurance for 8tookLynk employees as required by Minnesota Statutes, Section 176.181 i subd 2 Program participants shall be insured by internship employer business entities. Section 2.04 Indemnification, To the extent allowed by law, the Parties shall defend, in and hold each other and their guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and/or subcontractors harmless from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the other's (including its guests, invitees, members, officers, Officials, agents, employees, volunteers, representatives and/or subcontractors) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting thei efrom and is caused in whole or in part by any negligent act or omission or willful misconduct of the acting party, its guests, iflvitees members, officers, officials., agents, employees, volunteers, representatives and/or subcontractors Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled The Parties agree that these indemnification obligations will survive the completion or termination of this Agreement. 3 495329v6 JSB BR275187 Section 2.05 Joint Committ? Eta1ished. A u-member joint advisory committee will be established upon execution of this Agreement (the "Committee") and will be composed as follows (i) the City Managers of each City or a designee to serve on behalf of the City Manager, (ii) a director-level employee from each City, (iii) the BrookLynk Program Manager, (iv) the Alliance Executive Director, (v) a BrookLynk Employer, (vi) two HrookLynk youth alumni, (Vii) the Youth Services Manager from Brooklyn Park, and (vii) an at large community representative (the 'Members"). Each City Manager will assign the director-level employees to serve on the committee The BrookLynk Program Manager shall solicit applicants for the BrookLynk alumni positions, the BrookLynk Employer position, and the at large community representative and make nominations to the Committee from those applicants, The standing Members will then jointly select the BrookLynk alumni and BrookLynl( Employei Members The Committee may, as necessary from time to time, confer with others to determine the needs of the communities and BrobkLynk. (a)Officers. At the first organizational meeting of the Committee, and the first meeting each year, the Committee shall elect from its Members a chair and a secretary, In addition, at the first meeting each year, the Committee shall identify the chair of the Committee who shall be a member representing each City in alternating years or his or her designee The new officers shall take office for the calendar year in which they re elected (b)Meeting At the first or meeting, or as soon thereafter as may reasonably be done, the Committee shall determine its procedures, including the time, place, and frequency of its meetings. At a minimum, the Committee shall meet semi-annually. The chair shall ensure that notice by email, mail or personal delivery Shall be given of the time and place of the meeting to all Members, The secretary shall take minutes of all meetings which shall be made available to the Parties upon request Section 2.06 Duties of the Committee The Committee will work to support the shared vision and implement strategies that hesi leverage resources to maintain and improve the Brooklynk program and make fiscal and programming recommendations to the Parties. (a) An nu alBudet. The Committee shall review current and prior years' activities and funds to determine the appropriate budget for the, ensuing year. The budget reco:mmendations shall include all anticipated BrookLynk expenses between January 1 and December 31 with expenses and corresponding sources of funding broken out between program Administration, Internship wages/overhead, and Internship Subsidies, as defined in Article Ill (the "Annual Budget") The Committee's draft Annual Budget shall be submitted by Julie. 15 of the preceding ri 495329v6 JSB BR275-187 year to the Parties for consideration at the first Brooklyn Center meeting and EDA Board meeting in July. The proposed Annual Budget shall be revised at the direction of the Parties until it Is approved by the Brooklyn Center City Council and EDA Board The approved Annual Budget may be modified upon a recommendation by the Committee Which is approved by the Brooklyn Center City Council and EDA Board. (b)Evaluati o n. The Committee shall determine a process to evaluate the progress and success of Brooklynk The Committee shall use the process, and revise it as necessary, to conduct an annual written evaluation of BrookLnk (the "Anflual Evaluation") The committee will produce the Annual Evaluation before the end of the BrookLynk program year and concurrent with the submission of the Annual Budget on June 15 of the next program year, the, Committee shall submit the Annual Evaluation to the P.artiè along with their recommendations on the operations, programming, and direction of Brookynk (c)Staffing, The CommIttee shall review the need for permanent and temporary employees, as operations of Brooktynk may require, and recommend cuelifications and duties. Any persons employed to support Brookl.yflk shall be employed by and located at one or more facilitieS Brooklyn Park deems appropriate to house program staff. The hiring process, interviews, compensation and selection shall be at the FDA's sole discretion. (d)Special Committ ee . The Committee may establish ad hoc subcommittees and appoint members as necessary. All ad hot subcommittees wijl report to the Committee, (e)Strategic Planning for PhilanthrpV Fund The Committee shall develop and submit to each Party a three-year plan for applying for Philanthropy Funds for the BrookLynk program (the "Funding Plan") The Committee shall submit the plan to the Patties for review at least once every three years starting on June 15, 2017. In addition 1 the Committee shall review the plan annually with the Annual Budget and modify as necessary based on Philanthropic, state and County Funds expected to be available for the BropkL.ynk program in upcoming years. Article Ill, FINANCING Section 3.01 Funding . will be funded •by combiOation of the following sources: funds provided by the Parties ("City Funds"), funds from employers for internship wages and overhead ("Employer Funds"), and funds from grants, including without limitation governmental grants, and other charitable sources ("Philanthropy Funds"). The funds are applied to, unless otherwise agreed by adoption of the annual 5 495329v6 JSB BR275-187 budget) ("Program Administration"), the cost of employer sponsored internships and overhead ("Internship Wages"), and internship wages not sponsored by employers ("Internship Subsidies") The Parties use the funds to maximize the outcomes of BrookLyrik. (a)Ci t y Funds, As an initial contribution each year, each Party shall contribute 50- percent (its "Share") of the total City Funds in the approved Annual Budget The Parties shall deposit its Share with Fiscal Agent by January 31 of the start of the budget year. (b)Philanthropy Funds. The Parties agree to cooperate, as recommended by the Committee, to jointly or separately apply and qualify for any and all grants, matching funds, and payments of any kind from county, state, federal, and other governmental bodies and other Philanthropy Funds relating to, or for the provision of, any or all of the budgeted expenditures of BrookLynk at least to the extent of the ideal funding level in Table 2, The Committee shall determine a strategic plan for applying for Philanthropy Funds each year, including without limitation a determination of which Party shall apply for such Philanthropy Funds, and the Parties agree to coordinate applications for such Philanthropy Funds to ensure that neither Party applies for such Philanthropy Funds in competition with the BrookLynk program. The parties may apply for other charitable funds for other purposes as available. In the event that a source of Philanthropy Funds identified in the Annual Budget is not available or awarded to BrookLynk, the Parties will each contribute an amount equal to 50-percent of the shortfall In the Annual Budget The Parties will each deposit such amount with Brooklyn Park within 30 days of notice after grant application submitting Party receives notification from the funder that the Philanthropy Funds will not be available. In the event that Philanthropy Funds are obtained to offset the shortfall in such year, such Philanthropy Funds shall be credited equally to each Party regardless of which Party applied for and was awarded such Philanthropy Funds. In the event that Philanthropy Funds are obtained after additional contributions by the Parties, BrookLynk shall either return to the Parties their Share of any remaining City Funds which exceed the Annual Budget by January 31 or carry the fund over to the next calendar year on the direction of the Parties of the next calendar year. (c) E. mploYer Funds. Employer Funds are only available for the payment of Internship Wages and overhead. Unless otherwise agreed by the Parties, a shortage of Employer Funds will result in a reduction of internships offered for the year by the amount necessary to avoid a budget deficit. 6 495329v6 JSB BR275-1 87 Section Bu d g et At its first meetiflg in the month of August, the governing bodies of the Parties shall review the Annual Budget proposed by the Committee. The budget will inchide costs associated with running the program including, but not limited to, management, program coordinator, program specialist, benefits, supplies, travel and mileage, meeting expenses, contractual services for trainers, transportation, photography, and marketing, advertising, computer, equipment and desks, lgal and evaluation services. Approval of the Annual Budget requires the approval of both Partie. If the proposed Annual Budget is not approved by the governing body of 0 Party, such Party shall recommend changes to the Annual Budget to be considered by the Committee and the Committee shall submit a modified Annual Budgetfor consideration by both Parties until the Ann'al Budget is approved. lithe preliminary budget of either Party indicates that City Funds for BrooLynk will not be included, such Party shill notify the other Party Within 10 days after approval of such preliminary budget for such party. If either Party fails to approve the Annual Budget for the ensuing year by December 31, such Partl shall be deemed to have withdrawn from this Agreement under Section 4.01, Section 3.03 Interest, The EDA will hold BrookLynk funds with other Brooklyn Park and EDA funds. Interest is not expected on BrookLynk funds and, therefore, any demjnimis amounts will be deemed funds of the EDA. Article IV. DISSOLUTION Section 4.01 Withdrawal. A Party may, by adoption of a resolution of withdrawal at any time or by failure to approve the Annual Budget by December 31 of any year, give written notice of withdrawal from this Agreement effective the next calendar year Thereupon, this Agreement shall be dissolved at the beginning of the next calendar year. Section 4.02 Assets Upon Dissolution (a)Upon dissolution of this Agreement. the non-withdrawing Party may, by resolution, elect to continue operations of Brooklynk and thereupon shall acquire the all remaining assets of BrookLynk.. (b)Upon dissolution of this Agreement, if neither Party independently continues operations of BrookLynk, after payment of all outstanding obligations, all assets of BrookLynk shall be distributed equally to the Parties, subject to any limitations set forth in the terms of any Philanthropy Funds. (c) Upon dissolution of the Agreement, if EDA independently continues operations 7 4953290 JSB BR275-187 of BrookLynk, program staff shall continue employment. (d) Upon dissolution of the Agreement, if either Brooklyn Center independently continues operations of BrookLynk or if none of the Parties continue to operate the program, program staff employment with the EDA shall cease. Art! cleV. PROGRAM EXPANSION Section 5.01 Exoansion. After identified during development of the Annual Budget and Funding Plan to be prudent for the success of the program without negative impacts LO participants from the Cities, the Parties may, by adoption of resolutions from each Party expand BrookLynlc at any time to provide services to additional communities In the region. Section 5.02 Fee for Service. The Paities may, by adoption of resolutions from each Party choose to offer BrookLynk as a fee for service to additional communities in the region if desired. Section 5.03 Additional Parities. The Parties may, by adoption of resolutions from each Party akriowledging a revised cooperation agreement adding additional operating partners, Article VI. DURATION section 6.01 Duration, This Agreerent shall become effective upon approval and execution by the Parties It shall terminate upon withdrawal pursuant to Section 4M.. Upon termination, assets shall be distributed in accordance with Article lV Article VU, MISCELLANEOUS Section 7.01 pjicable Laws. This Agreement shall be interpreted using the aw f the State of Minnesota. The Parties agree to cooperate with each other in order to comply with all applicable local, state and federal laws, rules, regulations and ordinances in the performance of the duties of and arising from this Agreement, including but not limited to the Minnesota Government Data Practices Act (Minn.Stat Ch. 13). Section 7.02 Severability., any provision or term of this Agreement for any reason is declared invalid, illegal or unenforceable such decision shall not affect the validity of any remaining terms or conditions in this Agreement. 8 4953290 JS13BR275487 Section 7.03 Execution. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of such Party, with full right and authority to execute this Agreement and to bind such party with respect to all of its obligations hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of whlch taken together shall constitute but one and the same instrument. 9 45329v6 JSB BR275-1 c7 City of Brooklyn Center, Minnesota By: Its: Mayor And by Its: City Manager Signature Page to BrookL'ynk Cooperative Agreement s-i 495329v6 JSB BR275-187 Brooklyn Center Economic DevelOpment Authority By: Its: President And hy:. Its: Executive Director Signature Page to BropkLyrik CooperatiVe Agreement 4953290 JSB BR75-187 Brooklyn Park Economic Dvelbprnent Authority By: Its: President And by: Its: Executive Director Signature Page to BrookLynk Cooperative Agreement S-3 495329v6 JSB BR275-1 87 City Crnll Agffllda Rem N©0 6f EI1IJh[iI fl I N ak UA I Dk (I] 1I UIJYA I DATE: August 22, 2017 TO: Curt Boganey, City Mana FROM: Mike Albers, Acting City Engineer /-i1- SUBJECT: Authorizing Two (2) Grant Applications for the Interchange Project at Trunk Highway 252 and 66th Avenue: Resolution Authorizing Application for 2017 Transportation Economic Development (TED) Program Grant for Interchange Project at Trunk Highway 252 and 66th Avenue Resolution Authorizing Application for 2017 Transportation Economic Development Infrastructure (TEDI) Program Grant for Interchange Project at Trunk Highway 252 and 66th Avenue Recommendation: It is recommended that the City Council consider approval of the attached resolutions authorizing application for 2017 Transportation Economic Development (TED) program grant and authorizing application for 2017 Transportation Economic Development Infrastructure (TEDI) program grant for the interchange project at Trunk Highway (TH) 252 and 66th Avenue. Background: At the February 28, 2011, City Council Work Session, the City Council was provided with information and a possible strategy that could be used to identify and address the longstanding, multiple transportation issues associated with the TH 252 Corridor. In April 2012, the City Council directed staff to proceed with a transportation planning study initiative for the corridor, and WSB & Associates was subsequently hired to perform the study. In March 2016, the City Council adopted the TH 252 Corridor Study Plan as a planning and development guide for TH 252 from 1-941694 to TH 610 with recommended interchange access configuration in Brooklyn Center to include: a full access interchange at 66th Avenue; 70th Avenue closed with pedestrian bridge; and a full access combination with Brookdale Drive at 73rd Avenue as described and depicted in the Corridor Study. It should be noted that the recommended improvements at 73r Avenue are pending further evaluation and consideration by the City of Brooklyn Park as part of the ongoing Hennepin County TH 252 Freeway Conversion Study. Following the completion of the 2016 study, the City submitted a successful regional solicitation funding application for converting a portion of TH 252 from 1-694 to 70 th Avenue into a limited access freeway by converting an at-grade signalized intersection to an interchange at 66 th Avenue and closing an existing T-intersection at 70th Avenue. This application was the top ranked highway project and was awarded $7 million in federal fiscal year (FY) 2021 funding. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [EI1ik[ I fl V U IhVA UhYA I ak'4 (I] eiwi )llIJh'A I To continue pursuing additional funding sources and advancing the proposed interchange project at 66th Avenue, closing 70th Avenue and construction of a pedestrian bridge at 701h Avenue, City staff recommends submitting the project for a Transportation Economic Development (TED) Program Grant application and a Transportation Economic Development Infrastructure (TEDI) Program Grant application. The TED program provides competitive grants to construction projects on state highways that provide measurable economic benefits. The economic benefits may be local, regional or statewide in geographic scale. The Minnesota Department of Transportation (Mn/DOT), in partnership with the Minnesota Department of Employment and Economic Development, administers the program. There is around $18.4 million in trunk highway funds from Mn/DOT. The maximum award provided to any one project in this solicitation will be $10 million. The TED program will provide funding for up to 70 percent of the total transportation infrastructure cost of the project or the state's maximum allowable share as determined by Mn/DOT's cost participation policy or MN State Statute 174.12 Subd. 7, whichever is less. The TEDI program is a competitive grant program available to communities for road and public infrastructure projects that create jobs and support economic development. Money in the program shall not be used on trunk highway improvements, but can be used for needed infrastructure improvements and nontrunk highway improvements in coordination with trunk highway improvement projects undertaken by Mn/DOT. The Minnesota Department of Employment and Economic Development, administers the program. Funds appropriated for the program must be used to fund predesign, design, acquisition of land, construction, reconstruction and infrastructure improvements that will promote economic development, increase employment and improve transportation systems to accommodate private investment and job creation. There is around $4.2 million in trunk highway funds from Mn/DOT. There are no funding limits for proposals requesting funds from the TEDI program. There is no match requirement, however a major component of scoring in the competitive process is the level of private investment and the leverage of nonstate funds. The 66th Avenue interchange project is expected to improve the efficiency, mobility and safety of the transportation network and promote economic growth by providing additional job opportunities through the expansion of local businesses. Budget Issues: The total estimated project cost for the interchange at 661 Avenue, closing 70th Avenue and a pedestrian bridge at 70th Avenue is $35 million which includes construction costs, easements, engineering, administration and contingencies. The City was successful in receiving a federal grant in the amount of $7 million from the Metropolitan Council's 2016 regional solicitation. The TED grant application would be for approximately $10 million and the TEDI grant application would be for approximately $700,000. These applications are expected to help cover a significant portion of the funding gap that exists for this project. To date, Mn/DOT has not committed any funds for this project. Strategic Priorities: Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe, inclusive co,ninunuv 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 AUTHORIZING APPLICATION FOR 2017 TRANSPORTATION ECONOMIC DEVELOPMENT (TED) PROGRAM GRANT FOR INTERCHANGE AT TRUNK HIGHWAY 252 AND 66TH AVENUE WHEREAS, Trunk Highway (TH) 252 is a north-south principal arterial State highway that connects Interstate (I) 694/94 at its southern terminus to TH 610; and WHEREAS, the TH 252 and 66th Avenue intersection is one of the highest crash at-grade intersections in the Twin Cities Metropolitan Area; and WHEREAS, the City, in collaboration with the Minnesota Department of Transportation (Mn/DOT) and other local partners has been working to improve the safety and mobility of the TH 252 corridor; and WHEREAS, the proposed 66 th Avenue interchange project will improve efficiency and safety of the transportation network and promote economic growth by providing additional job opportunities through the expansion of local businesses; and WHEREAS, in 2016 the City was awarded $7,000,000 of 2021 regional solicitation funding to convert the at-grade intersection at TH 252 and 66 1h Avenue into a full access interchange and closing an existing T-intersection at 70th Avenue; and WHEREAS, the TED funding would complement the federal grant funds awarded to the City in 2016, as well as other local funding to allow for the completion of the interchange project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City act as the legal sponsor for project(s) contained in the TED Program Application to be submitted on September 15, 2017, and that the Mayor and City Manager are hereby authorized to apply to Mn/DOT for funding of this project on behalf of the City. BE IT FURTHER RESOLVED that the City has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure matching funds and adequate construction of the proposed project. BE IT FURTHER RESOLVED that the City has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. RESOLUTION NO. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City, may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT FURTHER RESOLVED that if awarded funding from the TED Program, the City Council commits to providing the local funding match for the proposed interchange project. BE IT FURTHER RESOLVED that the City confirms if the project cost increases above the amount listed in the application, the City will provide or secure all additional funds necessary to complete the project. BE IT FURTHER RESOLVED that the City certifies that it will comply with all applicable laws, regulations and rules of the application. BE IT FURTHER RESOLVED that the sources and uses, private investors, equity and other financing commitment represented in the attached document are accurate. BE IT FURTHER RESOLVED that the Mayor and City Manager, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. August 28, 2017 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 AUTHORIZING APPLICATION FOR 2017 TRANSPORTATION ECONOMIC DEVELOPMENT INFRASTRUCTURE (TEDI) PROGRAM GRANT FOR INTERCHANGE AT TRUNK HIGHWAY 252 AND 66TH AVENUE WHEREAS, Trunk Highway (TH) 252 is a north-south principal arterial State highway that connects Interstate (I) 6 94/94 at its southern terminus to TH Highway 610; and WHEREAS, the TH 252 and 66th Avenue intersection is one of the highest crash at-grade intersections in the Twin Cities Metropolitan Area; and WHEREAS, the City, in collaboration with the Minnesota Department of Transportation (Mn/DOT) and other local partners has been working to improve the safety and mobility of the TH 252 corridor; and WHEREAS, the proposed 66th Avenue interchange project will improve efficiency and safety of the transportation network and promote economic growth by providing additional job opportunities through the expansion of local businesses; and WHEREAS, in 2016 the City was awarded $7,000,000 of 2021 regional solicitation funding to convert the at-grade intersection at TH 252 and 66th Avenue into a full access interchange and closing an existing T-intersection at 70th Avenue; and WHEREAS, the TEDI funding would complement the federal grant funds awarded to the City in 2016, as well as other local funding to allow for the completion of the interchange project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City act as the legal sponsor for project(s) contained in the TEDI Program Application to be submitted on September 15, 2017, and that the Mayor and City Manager are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City. BE IT FURTHER RESOLVED that the City has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure matching funds, adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. RESOLUTION NO. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City, may enter into an agreement with the State of Minnesota for the above referenced project(s), and that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT FURTHER RESOLVED that if awarded funding from the TEDI Program, the City Council commits to providing local funding for the proposed interchange project. BE IT FURTHER RESOLVED that the City confirms that all funding necessary for the project will be secured and the City will provide funds to complete the project. BE IT FURTHER RESOLVED that the City will repay the grant if milestones are not realized by the completion date identified in the Application. BE IT FURTHER RESOLVED that the City of Brooklyn Center certifies that it will comply with all applicable laws, regulations, and rules of the application. BE IT FURTHER RESOLVED that the sources and uses, private investors, equity and other financing commitments represented in the attached document are accurate. BE IT RESOLVED that the Mayor and City Manager, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. August 28,_2017 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. Woirk SesskDml Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION August 28, 2017 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Hall Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the podium. V flIhIi 1.Water Meter Failure Update 2.Discussion Regarding a Letter of Intent by SCA Properties, LLC (Developer of the Sanctuary at Brooklyn Center) to Acquire 6001 and 6007 Brooklyn Boulevard for the Development of an Adult Day Care 3. Discussion Regarding Accepting the Western Vehicular and Pedestrian Access Improvements from Xerxes Ave & 55th Ave Intersection as an Eligible Reimbursable Improvement to the Shingle Creek Crossing Development (Tax Increment Financing District No. 5) PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1.Conducting City Council Business Electronically - September 2.Liquor Licensing Update - September 3.Everybody In Update - September 4.Affordable Housing Policies - September 5.Policy Regarding Commercial Filming within the City Limits - October 6.Legislative Agenda -November 7.Food Trucks Update - November 8.South Opportunity Site Development 9.Community Dialogue Follow-up 10.Brooklyn Boulevard Corridor Update W©llt SSSI1©I1ll Agenda ]item N© 1 MEMORANDUM = COUNCI[L WORK SESS]ION DATE: August 28, 2017 TO: Curt Boganey, City Manage' FROM: Nate Reinhardt, Finance Director A Mike Marsh, Interim Director of Public Works / I SUBJECT: Water Meter Update Recommendation: It is recommended that the City Council consider providing direction to staff regarding options to address the malfunctioning water meters as part of the City's automated water meter reading system installed in 2009. Background: On April 10, 2017, the City Council was presented information pertaining to the City's water meter system and the high failure rate of the digital automated reading part of the meter that was installed in 2009. Based on City Council feedback at that time, it was discussed that additional information would be gathered to help develop an action plan to address the issue. In summary, there have been 3,688 Meter Interface Units (MIU) failures to date out of approximately 9,000 total MIUs. The current water meter system has bond payments of $1,488,062 (an average annual payment of $186,000) are outstanding over the next eight years on the original investment of current water meters. City staff had TKDA, the City's water meter consultant, complete a Water Meter Feasibility Study that evaluated many different possible scenarios, multiple solutions and iterations of those options. The three primary options highlighted in this report included: 1.Replace as they Fail most significant costs addressed in the report included staff labor costs to replace meters and the actual meter cost following the 10 year full warranty period 2.Replace remaining MIU's with newer version of MIU's - estimated initial cost of $880,000 3. Competitively bid 9,000 new water meters for complete new system - estimated initial cost of $1,935,000 The review of alternatives, did not produce an overwhelming "must do option" leaving all options for consideration. Ferguson/Neptune have since met with the City in an effort to address these issues and return to a positive working relationship. From those meetings we identified challenges and potential solutions to overcome those challenges. The agreed upon solutions included: ilJission: Ensuring an attractive, clean, safe, inclusive CO,nnuinit3' that enhances the q1lali3' of life to till people (Il/Il preserves the public (rust Ik I DLYA ES) 1iII flhJkYA i1IJh[I I iYLI) 1NJ IF'i1 (fll 1.Ferguson to provide the labor to schedule/replace defective meters through the end of the current full meter replacement coverage period (through 2019 at no cost to the City). The transmitter will be wall mounted to provide better transmission. A contracted rate will be provided to the City for consideration for 2020 and 2021. The estimated cost savings to the City is $130,000. 2.Neptune to extend the full meter replacement warranty for a period of two years (from 2019 to 2021). The estimated cost savings to the City is $150,000. Ferguson/Neptune to install three gateways at no charge, which would be placed on City water towers that would allow for the capturing of meter readings. It is estimated that about 60% of meter reads could be captured through these three gateways (fixed read). Estimated cost savings of $20, 000 per gateway or $60,000 total. The City would purchase and install the new software necessary to obtain fixed reads at an estimated cost of $5,000. This would allow public works and utility billing staff access to real time data on usage for meters read by the fixed system (helpful for property closings or customer questions on usage amounts). Additionally, remote access to the software would be provided to Ferguson to allow quicker response time for the replacement of failed meters. Staff recommendation is to formalize and agree to these proposals. This will reduce the amount of staff time currently dedicated to meter replacements, reduces the potential exposure with defective meters by extending the warranty, and provides significant benefits by moving the City in direction of a fixed read system. Policy Issues: Does the City Council deem the planned approach acceptable or does the City Council feel we need a change in direction? Strategic Priorities: Key Infrastructure Investments dlission: Ensuring an (ill ractii'e. riCa/I, safe, inclusive COnlllIllJlitl that enhances the quality of life for all people an (I preserves the public trust N- oc41% N C,) 'U EQ: V g ^eo Zj (p II 1- Fp L) A l I) ct C U - C,) C,) ci) C ^M^Pzo- r..2 ciN619- 4-0 Cl)00 Ct C 01)W^ .- ct 0) CD00N .E U).E U) 0) wE 00S0) 0) D).E 0 EcI- "-OW (I) cOUcoE 0) • - 0) 0)>1I0N 0) 0. 2 0 Ll © — PMMW C a) a) MO a) E a) o Ea) a) a)E Ca) U) bO 0 U)6 7i (I) U) C CD a)o>s_4-I4-I ai a)4-I E — U I a) CCD E 4-XU cli CD CL C C — a) a)>.-> o - = U U -'4- C 0 C —a) >a)-c 4-1 E r 4 CD CL CDCD CD U 3:a) 4-IV) c r Nt HI -o - 0 CDa)- go = CO u, 00 a) CD I b.O E+-j 0_. a) CD (1)u w 0 E a)o 4J4J U -.- C a) 4—' UCCD C 0a) .-0 a)U FA4-j Q--- LI) w,#(/) cu 0- -o. 0 _Q LI,— a) cI 0o co -o LI) CD LI) E 4J E =o U CL CD 4-' a) E U) co . 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C C-) I - 0 SI .-0 • -- Cl) C W©irk Sssi©Irft AgIrllda lIt©n'm N©0 2 MEMORANDUM EIA WORK SISSN DATE: August 28, 2017 TO: Curt Boganey, City Mana FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion regarding a Letter of intent by SCA Properties, LLC (developer of the Sanctuary at Brooklyn Center) to acquire 6001 and 6007 Brooklyn Boulevard for the development of an Adult Day Care. Recommendation: It is recommended that the City Council consider providing direction to staff regarding the potential sales of 6001 and 6007 Brooklyn Boulevard for the development of an Adult Day Care. Background: SCA Properties, LLC, the developer of the 158 unit affordable assisted care senior housing apartment project at 6121 Brooklyn Boulevard (Sanctuary at Brooklyn Center) have expressed an interest in developing the adjacent two commercial lots (6001 & 6007 Brooklyn Boulevard) for a 5,200 sf. commercial building for an adult day care. 6101 Brooklyn Boulevard, a 20,307 sf. commercial lot, zoned C-i (service/office) was acquired by the EDA on August 20, 2012, through a voluntary sales by the property owner for the amount of $113,398. The acquisition was funded through the TIF 3 Housing Fund and included a residential structure and garage which were removed in 2013. 6107 Brooklyn Boulevard, a 28,659 sf. commercial lot, zoned C-2 PUD, was acquired by the EDA on December 6, 2013 through a Bargain Sales Agreement with the Luther Auto Group for the purchase price of $150,000 with the balance of the appraised valuation of the lot (assessed valuation in 2013 was $350,000) as a gift to the EDA. The acquisition was funded through the TIF 3 Housing Fund. On November 12, 2013, the EDA adopted Resolution No. 201316, a resolution authoring the acquisition of 6121 Brooklyn Boulevard, the former Chrysler Auto Dealership / Cars With Heart Used Auto Dealership, as part of the City's vision for redevelopment opportunities within the Brooklyn Boulevard Corridor. Complications with title and prior ownership issues delayed the closing until April 2, 2014. The $ 1,500.000 purchase price was funded through the 2013 TIF 3 Bond Issue (Housing Account Portion). On March 23, 2015, the EDA adopted Resolution No. 2015-06, a resolution approving a letter of intent with SCA Properties, LLC to acquire 6121 Brooklyn Boulevard, 6107 Brooklyn Boulevard, and 6101 Brooklyn Boulevard for the development of an affordable assisted care senior housing apartment building. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public tjiisf k'!1 I *4 0) 1aiI I1SJYA M LI'LI) .1 J *'ii (IkI The project encountered fiscal challenges, which necessitated site and building redesign options limiting the development to the 4.5 acre lot at 6121 Brooklyn Boulevard, and required additional negotiations and financial strategies to bridge the financial mortgage gap. On February 8, 2016, the EDA adopted Resolution No. 2016-04, a resolution approving a tax increment development agreement and a purchase agreement with SCA Properties Senior Housing Project. The fiscal challenges were address through the creation of a Tax Increment Financing Housing District with a Pay-As-You-Go Note; the use of a purchase money mortgage deferring the acquisition cost to a future sales of the project with 50% of the net sales proceeds being applied to the $1,500,000 sales price; and the developer deferring a portion of their development fees. Additionally on February 8, 2016, the EDA adopted Resolution No. 2016-07, authorizing the acquisition of 3600 61st Avenue North from the James Buckso Estate for $150,000. The acquisition of this 14,272 sf. adjacent lot/residence was funded through the TIF 3 Housing Fund to enable the future opportunities for complementary redevelopment options adjacent to the senior housing project. On November 9, 2016, the 6121 Brooklyn Boulevard closing and SCA Properties Mortgages were completed and the development of the Sanctuary at Brooklyn Center began shortly thereafter. As part of the closing/mortgage proceeds, the EDA received $300,000 from the SCA Properties for future acquisition of the two adjacent residential properties (3600 and 3606 61 " Avenue North). Proposal by SCA Properties, LLC to develop an Adult Day Care Facility Andy Aulde, on behalf of SCA Properties, LLC, is proposing the acquisition of 6101 and 6107 Brooklyn Boulevard, the adjoining 48,966 sf. to their senior housing project for the development of a 5,200 sf. one story adult day care facility. Attached are conceptual designs of the site plan, building rendering, floor plan of this proposed commercial facility and exhibits from the Sanctuary at Brooklyn Center senior housing project. Additionally, he has provided a draft Letter of Intent which establishes the purchase price to be $500,000; with the similar use of a Purchase Money Mortgage that would provide for principal repayment of 50% of any profit in the event of a sale or refinancing during the first 25 years; and a forgiveness clause should the property not be sold or refinanced within the first 25 years. Mr. Aulde has indicated that similar to the Sanctuary at Brooklyn Center Senior Project, this proposal is subject to their ability to secure the necessary mortgage approvals. The proposed development would involve the removal of these two lots from the TIF 6 Housing District and the reimbursement of the TIF 3 Housing Funds used for the acquisition of 6101 and 6107 Brooklyn Boulevard. Mission: Ensuring an attractive, clean, safe, inclusive coininhinhty that enhances the quality of life for al/people and preserves the public trust hT4 I ak'A LI) UI WJk 3 7I!iI] 1 C DIJi [I)I The use of the $300,000 deposited in the EDA fund from the 6121 Brooklyn Boulevard closing is a potential option that could be used to reimburse the TIF 3 Housing Fund and provide the future funding source for the future acquisition of 3606 Brooklyn Boulevard. Policy Issues: Does the FDA find the development of an Adult Day Care Facility adjacent to the senior housing apartments (Sanctuary at Brooklyn Center) to be a complementary land use and in keeping with the redevelopment vision for Brooklyn Boulevard? Does the FDA wish to proceed with the potential sales of 6101 and 6107 Brooklyn Boulevard as outlined in the letter of intent by SCA Properties, LLC? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an utiructive, clean, safe, inclusive community that enhances the quality of life for all people wul preserves the public trust 17 H __ /• v 011illifto Alt r I t 1ir z.f vi •,r :1 L I 110MI cIi JlL IOO1VMNfl1ONVL HE ji AMUlow Elm HN Ill .2 iflh: 12 v i r Rd MIA— j{ ., J -1•- > - 0 j - .----- 02 ' Fl ,t t Eil fu VI fo LO Af 'Q Ef. ; -- ii I - SCA Properties, LLC 4099 Tamiami Trail North Suite 200 Naples, Florida 34103 LETTER OF INTENT TO PURCHASE This letter is intended to outline the general terms upon which SCA Properties, LLC or its affiliated Assignee (the "Purchaser") would propose to purchase those certain parcels of land described below from the Economic Development Authority of Brooklyn Center, Minnesota (the "Seller"), subject to the following terms and conditions: 1.Property - The Purchaser intends to buy from the Seller two parcels of land located at 6107 Brooklyn Boulevard and 6101 Brooklyn Boulevard in the City of Brooklyn Center, Minnesota ("Property"). The combined parcels are approximately gross acres in size and are currently zoned commercial PUD. The Purchaser represents that it is proposing to acquire the Property for the purpose of constructing and operating thereon an approximately 5,200 sq ft one story adult day care facility. The project's design would be compatible with the four story assisted living facility the Purchaser is developing next door. A preliminary site plan, floor plan and rendering is attached to this LOT. 2.Purchase Price - $500,000. The Purchase Price will be paid at Settlement by payment of $1.00 and the delivery of a promissory note (the "Purchase Price Note") payable from sales or refinancing proceeds generated by the Property, to the extent approved by the Seller and the City of Brooklyn Center, Minnesota in accordance with applicable law, and secured in accordance with terms to be determined by the Seller and the Purchaser. These terms are expected to be similar to those relating to the sale of the adjacent assisted living facility parcel between Purchaser and Seller including: a note in the full amount of the Purchase Price with a 0% interest rate and no principal payments required until a sale or refinance of the property occurs, loan forgiveness if the property is held by the Purchaser for the intended use for a period of 25 years, a second position mortgage with appropriate protections for the first mortgage lender, and principal repayment in the event of a sale or refinance by Purchaser prior to 25 years in the amount of one half of any profit (generally determined as sales price or refinance proceeds minus repayment of the outstanding first mortgage and all costs associated with the sale or refinance) generated by the sale or refinance up to the total .amount of the Purchase Price. 3.Feasibility Period - This period will commence upon full execution of a Contract of Sale and will terminate one hundred twenty (120) days thereafter. During this period, the Purchaser shall investigate the feasibility of developing the Property as described including, but not limited to, performing tests such as environmental studies, soil tests, etc., and undertaking other studies to determine the feasibility of development such as exploring the likelihood of obtaining the necessary financing and/or development, planning and zoning approvals. 4.Settlement - Settlement shall occur within one hundred eighty (180) days from the time Purchaser is in receipt of the necessary approvals and financing commitments to begin construction but not later than fifteen (15) months after execution of the Contract of Sale. 4564345 SJS BR291-353 5.Settlement and Other Costs - The cost of transfer and recordation taxes shall be paid by the Purchaser. All other costs of settlement shall also be paid by the Purchaser, except that costs such as property taxes and assessments, that are typically prorated, will be prorated between Purchaser and Seller. 6.Title - At closing, the Seller shall deliver to the Purchaser its fee simple interest in the Property, subject only to such permitted exceptions as Purchaser's counsel shall approve or which are specified in the Contract of Sale. The Purchaser, at its own expense, will obtain an owner's form ALTA Title Insurance Policy, insuring the purchasing entity's fee simple interest in the Land. 7.Documentation - Within seven (7) days of signing the Letter of Intent, the Seller will give the Purchaser copies of any relevant material in its possession relating to the Property, including but not limited to title reports, soils reports, environmental studies, engineering studies and agreements with governmental authorities. 8.Right of Entry - With 24 hours prior notice, the Purchaser at its own expense and with no liability to the Seller will have the right of entry onto the Property to conduct architectural, engineering and other tests, survey and studies. Purchaser shall restore the Property to its previous condition at the conclusion of any test. Purchaser agrees to indemnify Seller against any liens, claims, losses or damage occasioned by Purchaser's exercise of its right to enter and work upon the Property. Purchaser agrees to provide Seller with a copy of any report prepared as a result of such examination or test, upon request by Seller. 9.Brokerage Commissions - Purchaser and Seller agree that the only real estate broker involved in this transaction is Minnesota Brokerage Group whose agent is Jefferson Patterson who represents the Purchaser. Purchaser shall be responsible for paying brokers any and all commissions due. 10.Exclusive Negotiating Period - Upon execution of this Letter of Intent by all parties, Seller grants to Purchaser an Exclusive Negotiating Period of ninety (90) days to conclude a Contract of Sale. Seller and its agents shall refrain from and discontinue any existing marketing or negotiations with others concerning the sale of the Property unless otherwise approved by the Purchaser in writing. 11.Contract of Sale - The major provisions of the Contract of Sale are contained within this Letter. Purchaser and Seller agree that a detailed Contract of Sale will be negotiated and executed within ninety (90) days of the signing of this Letter of Intent. 12.Assignability - This Letter and the Contract is fully assignable to a partnership or LLC whose general partners or managing member will include the Purchaser. 13.Contingencies - The parties understand that the sale of the Property is conditioned, among other things, upon (i) approval by the Seller of the sale of the Property after a public hearing in accordance with applicable law 14.Expiration - This Letter of Intent will be withdrawn if not executed by the close of business on August 18, 2017. 4564345 5J5 BR291353 Upon execution of this non-binding Letter of Intent, the parties will endeavor to negotiate in good faith and execute a formal Contract of Sale containing customary terms and conditions. Until such time, however, except as specifically provided above, nothing contained in this Letter of Intent shall be binding on or enforceable by either party. Agreed, understood and accepted this ____ day of PURCHASER: SELLER: SCA Properties, LLC Economic Development Authority of the City of Brooklyn Center, Minnesota By: Garrett G. Carlson, Sr By: Title: Manager Title: President By: Title: Executive Director 4564345 5JS BR291-353 SCA Properties, LLC, the developer of the 158 unit affordable assisted care senior housing apartment project at 6121 Brooklyn Boulevard (Sanctuary at Brooklyn Center) have expressed an interest in developing the adjacent two commercial lots (6001 & 6007 Brooklyn Boulevard) for a 5,200 sf. commercial building for an adult day care. EDA Work Session Item #2 August 28, 2017 Background •6101 Brooklyn Boulevard, a 20,307 sf. commercial lot, zoned C-1 (service/office) was acquired by the EDA on August 20, 2012, through a voluntary sales by the property owner for the amount of $113,398. The acquisition was funded through the TIF 3 Housing Fund and included a residential structure and garage which were removed in 2013. •6107 Brooklyn Boulevard, a 28,659 sf. commercial lot, zoned C-2 PUD, was acquired by the EDA on December 6, 2013 through a Bargain Sales Agreement with the Luther Auto Group for the purchase price of $150,000 with the balance of the appraised valuation of the lot (assessed valuation in 2013 was $350,000) as a gift to the EDA. The acquisition was funded through the TIF 3 Housing Fund. •On February 8, 2016, the EDA adopted Resolution No. 2016-04, a resolution approving a tax increment development agreement and a purchase agreement with SCA Properties Senior Housing Project. The fiscal challenges were address through the creation of a Tax Increment Financing Housing District with a Pay-As-You -Go Note; the use of a purchase money mortgage deferring the acquisition cost to a future sales of the project with 50% of the net sales proceeds being applied to the $1,500,000 sales price; and the developer deferring a portion of their development fees. Background Continued •Additionally on February 8, 2016, the EDA adopted Resolution No. 2016-07, authorizing the acquisition of 3600 61st Avenue North from the James Buckso Estate for $150,000. The acquisition of this 14,272 sf. adjacent lot/residence was funded through the TIF 3 Housing Fund to enable the future opportunities for complementary redevelopment options adjacent to the senior housing project. •On November 9, 2016, the 6121 Brooklyn Boulevard closing and SCA Properties Mortgages were completed and the development of the Sanctuary at Brooklyn Center began shortly thereafter. As part of the closing/mortgage proceeds, the EDA received $300,000 from the SCA Properties for future acquisition of the two adjacent residential properties (3600 and 3606 61st Avenue North). Proposal by SCA Properties, LLC to develop an Adult Day Care Facility •Andy Aulde, on behalf of SCA Properties, LLC, is proposing the acquisition of 6101 and 6107 Brooklyn Boulevard, the adjoining 48,966 sf. to their senior housing project for the development of a 5,200 sf. one story adult day care facility. •Mr. Aulde has indicated that similar to the Sanctuary at Brooklyn Center Senior Project, this proposal is subject to their ability to secure the necessary mortgage approvals. The draft Letter of Intent which establishes the purchase price to be $500,000; with the similar use of a Purchase Money Mortgage that would provide for principal repayment of 50% of any profit in the event of a sale or refinancing during the first 25 years; and a forgiveness clause should the property not be sold or refinanced within the first 25 years. The proposed development would involve the removal of these two lots from the TIF 6 Housing District and the reimbursement of the TIF 3 Housing Funds used for the acquisition of 6101 and 6107 Brooklyn Boulevard. The use of the $300,000 deposited in the EDA fund from the 6121 Brooklyn Boulevard closing is a potential option that could be used to reimburse the TIF 3 Housing Fund and provide the future funding source for the future acquisition of 3606 Brooklyn Boulevard. Policy Issues •Does the EDA find the development of an Adult Day Care Facility adjacent to the senior housing apartments (Sanctuary at Brooklyn Center) to be a complementary land use and in keeping with the redevelopment vision for Brooklyn Boulevard? •Does the EDA wish to proceed with the potential sales of 6101 and 6107 Brooklyn Boulevard as outlined in the letter of intent by SCA Properties, LLC? Virk SeSsmli Agenda iftm N 3 MEMORANDUM EDA WORK SFJSSON DATE: August 28, 2017 TO: Curt Boganey, City Mana FROM: Gary Eitel, Director of Business & Development SUBJECT: Discussion regarding accepting the Western Vehicular and Pedestrian Access Improvements from Xerxes Ave & 55th Ave. Intersection as an Eligible Reimbursable Improvement to the Shingle Creek Crossing Development. (Tax Increment Financing District No. 5) Recommendation: It is recommended that the City Council consider providing direction to staff regarding accepting the Western Vehicular and Pedestrian Access Improvements from Xerxes Ave & 55' Ave. Intersection as an Eligible Reimbursable Improvement to the Shingle Creek Crossing Development. (Tax Increment Financing District No. 5) Background: On March 28, 2011, the City Council and EDA approved creation of Tax Increment No. 5, a 16 years Renewal and Renovation Tax Increment District which included the Mall properties, with the exception of the EDA Parcel, Kohl's, Applebees, the former Midas Muffler site, and Sears. The structuring for the use of future tax increment projected to be generated from this new TIF District was broken into 5 components as illustrated on the attached spreadsheet (Projected TIF District Cash Flow and Bond Repayment) 1.City & EDA Administrative Expenses (10% of the available annual increment) 2.Repayment of the $2.3 M Pay-As-You-Go Note (90% of the available increment for the 1st three years, after which it drops to 60% of the available annual increment) 3.Reimbursement of Other In-District Expenditures (30% of the available tax increment from the 4th1 year to the expiration of the district was initially projected at $2.5 M); however, the 5 Year TIF Rule and the partial development of the project has basically removed these opportunities. 4.10% of TIF revenue can be used for eligible TIF expenditures for Out-Of-District activities approved by the City Council & EDA. The total amount in this category is projected at 1.1+ M. Mission: Ensuring an attractive, clean, safe, inclusive coinniunit' that enhances the quality of life for (f/I people and preserves th cpu b/ic trust kYA I *hYA 0) t1WI I1ih'A - M 7'LI] 1 I lIi1 [ikl 5. Repayment of the $2.4 M Inter-Fund Loan from TIF 2 Redevelopment District (was illustrated to occur after the Developer's Pay-As-You-Go Note was satisfied). On May 23, 2011, the City Council approved the Shingle Creek Crossing PUD and the City Council and EDA approved a Tax Increment Agreement for the Shingle Creek Crossing Development. On September 12, 2011, the 1st Shingle Creek Crossing PUD amendment included the separation of the Sears Building form the remaining portion of the Mall with a narrow two way access drive and landscaped pedestrian walkway adjacent to the Sears building. On October 14, 2013, the City Council adopted Resolution No. 2013-124, which approved a PUD Amendment to the Shingle Creek Crossing Project that included the removal of the Food Court Building and replaced it with ten (10) new individual retail store buildings consisting of 108,901 sq. ft. of new building area. The removal of the Food Court building provided an opportunity to widen this access drive with lighted landscaped walkways on both sides of the drive separating the buildings. The PUD design concepts included the extension of these landscaped pedestrian walkways across the western parking lot and defining an access lane for vehicular movement vs. the random movement through a vacant parking lot. On July 16, 2014, building permits were issued for the construction of Buildings 1 thru 8 of the Food Court Building. The access drive, pedestrian walkways, lighting, landscaping, and exterior wall improvements & eastern entrance to the Sears began in 2015 and completed in 2017. On September 26, 2016 the City Council discussed the structuring of a TIF 5 bond issue to repay $1.7 M of the $2.4 M TIF 2 Inter-Fund Loan and the balance of the PAYG Note! A budget strategy to maximize investment opportunities within the Shingle Creek Crossing Development were identified as follows: Debt Service $350,000 (2018-2029) Admin Expenses $50,000 (10% of annual increment) Pooling Activities $50,000 (10% of annual increment) TIF 2 Inter-Fund Loan $ (balance of $700,000) The 2017 tax increment revenue has been identified as $570,000. The TIF 5 Fund Balance projected at the end of 2017 is $742,838 of which approximately $249,000 has been identified by our financial consultant as funds eligible for out of district expenditures. Beginning in 2017, 80% of the tax increment generated from TIF 5 is limited to paying debt (bond issue and inter-fund loan) with 20% annually available for out of district expenditures, iliission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Ik I IhYA [I] 1WI 1IJhYA - DI I74!ALI] i ri ILI (iJI which includes documented/actual administrative costs and other eligible out of district expenditures. These expenditures can include improvements within the Shingle Creek Crossing Development and EDA approved improvements/activities outside of the TIF 5 District. The 2016 & 2017 EDA Budget Narrative identified the western vehicular and pedestrian access improvements as a potential Tax Increment District 5 eligible project. Western Vehicular and Pedestrian Access Improvements Attached is a copy of the Shingle Creek Crossing PUD plan illustrating the western access improvement across the former Food Court parking lot to improve pedestrian accessibility from Xerxes Avenue sidewalk and Twin Lakes Regional Trail and define an access drive to control vehicular movement through the existing parking lots? The estimated cost provided by the Developer's project manager is $167,718 for the improvements, approximately $30,000 for lighting, and $9,000 as an interim screening fence on the pad sites 9 & 10. The budget proposed for these improvements is $210,000. Policy Issues: Does the EDA wish to invest the eligible TIF 5 out-of-district fund balance into vehicular and pedestrian access improvements across the western parking lot to the Xerxes Avenue? Strategic Priorities: Targeted Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust 1t1IYiYfI ?1 'ra Asphalt Removal/Asphalt Paving 85,300 Midwest Asphalt Curb & Gutter/Sidewalks 32,631 Minnesota State Curb & Gutter Black Dirt included below Landscape 21,302 Village Green Landscaping Irrigation 5,985 Village Green Landscaping Survey/Layout for Project 5,000 Sunde Land Survey Jersey Barrier Allowance 7,500 If Needed to block parking area Contingency for unforseen items 10,000 Nothing anticipated at this time Total for West Entry Driveway 167,718 * This does not include any lighting or underground utility work at this time. ,LP HJ-1d SçU C(ft Etd*g OC2M &, 27. 2Q15 0.21511 541 t(k1.512211Q.1 0 -z U =J =a=' QjQ1 a I 0 4, - 1l/;/ 41 I I J_I I $o J •'I* 1 -2 N. • I Ab IN vm IN \\\' \' c- NL -5-- --5-.'' --5- -" ' - --5- LON SIGN _ 1 Ir ,r k r ( I \() p P \-"'\(I) \\ • 5TH AVENUE N ; ol UILDING 6, BUILDING 5 UILDIIJG 7 BUILDING 4 ( LUILDII'IG6 \\ c ./ BUILDING 3 BUILDIJG 2 BUILDING EXISTING SEARS (NOT IN CONTRACT) OF '.L4W \. Sears I '5I! -.--- I / `J,; ----- Jill 1 'i - ----- '1 cj/< rAftI:. I Discussion regarding accepting the Western Vehicular and Pedestrian Access Improvements from Xerxes Ave & 55th Ave. Intersection as an Eligible Reimbursable Improvement to the Shingle Creek Crossing Development. (Tax Increment Financing District No. 5) EDA Work Session Item # 3 August 28, 2017 Brookdale Mall New PUD Master Plan June 9, 2014 The estimated cost provided by the Developer’s project manager is $167,718 for the improvements, approximately $30,000 for lighting, and $9,000 as an interim screening fence on the pad sites 9 & 10. The budget proposed for these improvements is $210,000. Policy Issues Does the EDA wish to invest the eligible TIF 5 out-of-district fund balance into vehicular and pedestrian access improvements across the western parking lot to the Xerxes Avenue?