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HomeMy WebLinkAbout2018 01-08 CCP Regular SessionAGENDA CITY COUNCIL STUDY SESSION January 8, 2018 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. City Council Discussion of Agenda Items and Questions 2.Miscellaneous 3.Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center January 8, 2018 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.December 11, 2017 - Study/Work Session 2.December 11, 2017 - Regular Session b. Licenses Resolution Designating Official Newspaper d. Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of the Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, North Metro Mayors Association, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, Twin Lakes Joint Powers Organization, and Minneapolis Northwest Convention & Visitors Bureau CITY COUNCIL AGENDA -2- January 8, 2018 e.Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees f.Resolution Designating Polling Places for the City of Brooklyn Center for 2019 Elections g.Resolution Granting Corporate Authority for Signing of Checks and Transactions of Financial Business Matters h.Resolution Designating Depositories of City Funds Resolution Opting Not to Waive Limited Tort Liability for 2018 j.Resolution Calling for a Public Hearing Regarding Proposed Use of 2018 Urban Hennepin County Community Development Block Grant Funds k.Resolution Amending the Schedule for Inspection Fees for Certain Building, Mechanical, Plumbing, and Electrical Permits Resolution Approving an Amendment to the Encroachment Agreement for the Property Located at 5415 69th Avenue North (Maranatha Senior Housing) M. Resolution Establishing Parking Restrictions for Segments on Brooklyn Boulevard from 49th Avenue to the North City Limit n.Resolution Accepting Bid and Awarding Contract, Improvement Project No. 2018-07, 2018 Pond Maintenance o.Resolution Authorizing Execution of Site Lease Agreement with Verizon Wireless LLC on Water Tower No. 2 P. Resolution Authorizing Acquisition of Easements for Brooklyn Boulevard Corridor Project Phase 1(49th Avenue to Bass Lake Road), Project No. 2018-05 q. Resolution Amending the Business Subsidy Policy 7. Presentations/Proclamations/Recognitions/Donations a. Resolution Expressing Recognition and Appreciation of Rex Newman for His Dedicated Public Service on the Financial Commission Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -3- January 8, 2018 b. Resolution Expressing Recognition and Appreciation of Susan Pagnac for Her Dedicated Public Service on the Housing Commission Requested Council Action: —Motion to adopt resolution. C. Resolution Expressing Recognition and Appreciation of Kathleen Nelson for Her Dedicated Public Service on the Housing Commission Requested Council Action: —Motion to adopt resolution. 8.Public Hearings —None. 9.Planning Commission Items —None. 10. Council Consideration Items a. Consideration of Type TV 6.-Month Provisional Rental Licenses 1.5323 Brooklyn Blvd 2.6300 France Ave N 3.5351 Irving AveN 4.535O Logan Ave N 5.Resolution Approving a Type IV 6-Month Provisional Rental License for 5439 Camden Ave N 6.Resolution Approving a Type IV 6-Month Provisional Rental License for 7018 France Ave N Requested Council Action: —Mayor poll audience for applicants to address Council. —Receive staff report. —Motion to open hearing. —Receive testimony from applicants. —Motion to close hearing. —Take action on rental license applications and mitigation plans. b. Select Presiding Officers - Mayor Pro Tern and Acting Mayor Pro Tern Requested Council Action: —Council discuss and select presiding officers. C. Resolution Declaring Commitment to the Brooklyn Center City Charter Requested Council Action: —Motion to adopt resolution. CITY COUNCIL AGENDA -4- January 8, 2018 d.Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Requested Council Action: —Motion to adopt resolution. e.Mayoral Appointment of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2018 Requested Council Action: —Motion to ratify Mayoral appointments. f Mayoral Appointment of Members to Serve on Shingle Creek and West Mississippi Watershed Management Commissions Requested Council Action: —Motion to ratify Mayoral appointments. g.Mayoral Appointment of Member to Serve on Financial Commission Requested Council Action: —Motion to ratify Mayoral appointment. h.Mayoral Appointment of Member to Serve on Housing Commission Requested Council Action: —Motion to ratify Mayoral appointment. Resolution Authorizing Acquisition by Eminent Domain and Approval of Appraised Values of Easements for Brooklyn Boulevard Corridor Project Phase 1, Project No. 2018-05 Requested Council Action: —Motion to adopt resolution. 11.Council Report 12.Adjournment EDA MEETING City of Brooklyn Center January 8, 2018 AGENDA 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 by the Secretary. 2, Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1.December 4, 2017 - Special Session 2.December ii, 2017—Regular Session 4, Commission Consideration Items a.Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center Requested Commission Action: —Motion to adopt resolution. b.Resolution Opting Not to Waive Limited Tort Liability for 2018 Requested Commission Action: —Motion to adopt resolution. 5. Adjournment AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 8, 2018 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. ACTIVE DISCUSSION ITEMS 1. Trunk Highway (TH) 252 Corridor Study – Update 2. Conducting City Council Business Electronically PENDING LIST FOR FUTURE WORK SESSIONS Later/Ongoing 1. Food Trucks Update – January 2. Overnight Parking – January 3. Saturday Marketplace (Lennie Chism) – January 4. Naturally Occurring Affordable Housing Policy – February 5. South Opportunity Site Development - February 6. City Council Code of Policies (October 9 Study Session Discussion) a. Section 2.70 Street and Alley Lighting Policy b. Section 2.93 Long-Term Deer Population Management Plan 7. Tobacco Purchase Age 21 (Brooklyn Youth Council) Oty C©iriil Agenda, Iftm N0 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY/WORK SESSION DECEMBER 11, 2017 CITY HALL - COUNCIL CHAMBERS [m tsx,ani 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 Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Interim Community Development Director Michael Ericson, Director of Business and Development Gary Eitel, Communications Coordinator Angel Smith, Planner and Zoning Administrator Ginny McIntosh, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. [Ii N I'IEI1SJ[IJ IU 0 [SIJKf I Jil Ni LII )ISIPJ *1 N [I)E1 City Manager Curt Boganey referenced the updated staff report for Item 1 Oal 3, Type IV 6- Month Provisional Rental Licenses for 2913 Nash Road, that details administration citations. Street Market Proposal Councilmember Butler reported on the interest of Lennie Chism to bring a street market to Brooklyn Center from May to October, 10 a.m. to 4 p.m. on Saturdays, noting he has already worked out a deal to use the Brookdale Health parking lot. She stated he may be asking for financial support and asked if the City Council would entertain discussing this matter at an upcoming Work Session during which Mr. Chism could make a presentation. Mr. Boganey stated he has talked with Mr. Chism and put him in touch with Mr. Eitel to discuss the specifics and ordinance requirements. Councilmember Butler stated Mr. Chism indicated he has already worked out the details to provide security. Mayor Willson stated he would not be opposed to hearing a presentation but any funding proposal would need to be succinct. He asked if this fits the plans discussed relating to starter businesses and kiosks. Mr. Boganey stated they are distinct and different but could complement each other. He stated it is conceivable it could be operational in 2018, but may take until 2019. He noted Mr. Chism' s proposal could be a forerunner to that concept, depending on the details. 12/11/17 4- DRAFT Mayor Willson stated liability and insurances would also need to be addressed. Mr. Boganey agreed that would be the responsibility of Mr. Chism as this is a private operation as currently proposed. However, should the City Council decide to become more of a partner, then staff would look at the issues of shared liability and responsibility. The City Council reached consensus to schedule this topic for discussion. Mr. Boganey stated he will add this item to an upcoming Work Session in February, at the latest. Minnesota Nonsmoker Association Councilmember Lawrence-Anderson invited the City Council to join her at a meeting tomorrow afternoon at Panera Bread with the Minnesota Nonsmoker Association. One of the topics to be discussed is the sale of flavored tobacco. She stated she will ask if they would like to make a presentation before the City Council. Mr. Boganey suggested they also be asked whether they are available as a resource to the Brooklyn Youth Council. Councilmember Lawrence-Anderson stated she will bring back more information. Councilmember Ryan stated he would be pleased to join Councilmember Lawrence-Anderson at that meeting. Invocation Order Mayor Willson stated he has the invocation for this evening and suggested the 2018 schedule include Council Member's names, rotating at each meeting by seniority. He asked Mr. Boganey to convey this rotation to the City Clerk. Councilmember Lawrence-Anderson suggested this information be included within one document. Mr. Boganey stated the City Clerk will provide the invocation rotation information; however, due to the distribution list for the agendas/meeting packets, he would suggest the Member's names not be included. Retirement Party for Gary Eitel Mayor Willson announced the December 20, 2017, retirement celebration for Mr. Eitel and invited all to attend. UIX ii'i iu aua 1kU IVIAI11flIH 1 DkU U Il ii IuI1 hI 1iUtnYa1umtw1 Interim Community Development Director Michael Ericson introduced the item and the City Council's past consideration on October 9, 2017, when Mayor Willson noted reference in the Business Subsidy Policy to providing incentive dollars that businesses must pay workers a minimum wage of $7 per hour. At that meeting, Mayor Willson had stated his support to change the amount in the City's policy as the State minimum wage is $9.35 per hour and scheduled to increase. 12/11/17 -2- DRAFT Mr. Ericson referenced the City Council and EDA resolutions that had established the City's Business Subsidy Policy in compliance with State Statute and described the requirements to award a business subsidy of more than $150,000. It was noted the City's Business Subsidy Policy was developed as part of the 2000 Redevelopment Agreement with Talisman LLC, former owners of Brookdale Regional Mall. At that time, the wage was established at $7/hour and it has not been updated. This policy has been applied three times, with Global, Embassy Suites, and the FBI. Recently, the City Council approved the development agreement for the construction of the Marriott Fairfield Hotel and replaced the $7/hour wage for that project with $9.35/hour, which is the State minimum wage. Mr. Ericson asked whether an amendment increasing minimum wage requirements in the Business Subsidy Policy is necessary to achieve the policy goals of the City Council; whether staff should prepare a resolution to revise the Business Subsidy Policy to reflect an increase to the State minimum wage and if so, what standard or amount should be used; whether the wage minimum component policy should be viewed periodically to reflect inflationary increases; and, whether staff should provide additional information before final direction is given. Mr. Ericson noted the minimum wage requirement could come before the City Council on an annual basis during review of the fee schedule. Mayor Willson stated he would support a change to $10 an hour at a minimum and would like to negotiate to get that even higher, noting this is for business ventures that receive City assistance through TIF. Councilmembers Lawrence-Anderson and Butler stated their support of the Mayor's position. Councilmember Ryan asked how the business subsidy is defined. Mr. Boganey read the Statute language relating to the definition of business subsidy, noting it would include tax abatements, TIF, and any kind of general government assistance, and though the Statute does not define the exact type, it addresses economic assistance with some exceptions. Mayor Willson read the exceptions as detailed in the Statute. Councilmember Ryan asked if the City sold a property to a developer for a $1 but it is valued over $150,000, would that be a business subsidy. Mr. Boganey reviewed the Statute language that addressed the definition. Councilmember Ryan concurred with the direction mentioned by Mayor Willson. It was the majority consensus of the City Council to support $10 per hour as a minimum for projects receiving $150,000 City assistance. Mr. Boganey asked if the minimum wage amount should be periodically reviewed. Mayor Willson supported a periodic review during the rate schedule consideration, noting the State's minimum wage is also considered annually. The Councilmembers concurred. 12/11/17 -3- DRAFT Mr. Boganey noted when the State minimum wage increases, the City's policy could automatically follow. The City Council supported that option. Councilmember Ryan clarified this only applies to projects where the City has provided some sort of subsidy in excess of $150,000 and does not relate to others. Mayor Willson confirmed that was correct. JifSiiJtI!i:i11 Mayor Willson adjourned the Study Session at 6:28 p.m. 12/11/17 -4- 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 DECEMBER 11, 2017 CITY HALL - COUNCIL CHAMBERS •I IP 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 Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Communications Coordinator Angel Smith, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, Engineering Technician IV Jay Hill, Public Works Director Doran Cote, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Bill Talmadge, 5406 Logan Avenue N., stated his concern relating to panhandling that is aggressive or impacts traffic flow. He stated residents are also fed up with panhandling and while he knows panhandling in a non-aggressive manner is not an illegal activity, it intimidates residents when they are aggressively approached, traffic is impeded, and debris is left behind. Mr. Talmadge stated he understands the City wants to be prudent with its resources but the problem persists. He listed locations where aggressive panhandling occurs and suggested placards or signs with wording to educate the public at the point panhandling and vehicles meet. Ralph Neinas, 3920 52 d Avenue N., stated he is a 30-year resident and wants to address the railroad crossing at Azelia Avenue N. and 50th Avenue N. where the trains block that intersection for as long as 45 minutes to 1 hour. Mr. Neinas stated he used to work for the railroad and knows they are only allowed 10 minutes. He stated he received a letter on February 14, 2017, and asked when something is going to happen. Mayor Willson agreed this is a situation, so staff had met with the railroad, who is aware of the problem, and while they said they will take steps to avoid it, there will be 5-15 minute blockage at times based on Federal regulations in how the trains are put together. 12/11/17 -1- DRAFT Mr. Neinas stated his opinion that the Federal government is not hearing the City's concerns and expressed his own concern someone waiting in a car may be robbed or attacked by a gang member. Mr. Neinas stated he was blocked at this intersection in October so he wanted to address his concern with the City Council. Mayor Willson stated another option is to alert drivers before they get blocked at that intersection so they know to detour around that location. City Manager Boganey stated the City Attorney had been asked to research how long the train can legally be stopped on the track. City Attorney Troy Gilchrist advised the Statute does have a time limitation but in communication with the railroad, they indicated that Statute does not apply to them as they are instead subject to federal regulations. Mr. Gilchrist stated the City explained its concerns with emergency response and continues to hold those conversations to find a resolution. Mayor Willson offered to meet with Mr. Neinas and the City Manager to further address this topic. Robert Marvin, 4711 Twin Lake Avenue, stated the three Twin Lake Associations have also talked with the railroad about that issue as well as the abandoned wooden piers under the trestle that have damaged boats. Mr. Marvin stated when they raised these concerns, the railroad's response was that they will fix it if they get an order from a jurisdiction that has the authority. Mayor Willson closed the Informal Open Forum at 6:59 p.m. K ik'LSISUtS)l Mayor Willson commented on the current fires burning in California, loss of lives, homes, and property, and requested a moment of silence and personal reflection as the Invocation. The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. Mayor Tim Willson and Councilmembers Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Communications Coordinator Angel Smith, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, Engineering Technician IV Jay Hill, Public Works Director Doran Cote, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. vieisi mir 12/11/17 -2- DRAFT The Pledge of Allegiance was recited. IA'Li) ATh I )7VI XEI]FJ K1 AIDI )1A' Councilmember Ryan 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.November 27, 2017—Study/Work Session 2.November 27, 2017 - Regular Session 3.November 27, 2017 - Work Session 4.December 4, 2017 —2017 Budget Hearing 5.December 4, 2017 -Special Session 6b. LICENSES GASOLINE SERVICE STATION Holiday Stationstore #292 420 66th Avenue N. Kabalan Co. dba: Pump N Munch 1505 69th Avenue N. Holiday Stationstore #2099 6890 Shingle Creek Parkway LIQUOR - CLASS A ON-SALE INTOXICATING Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar 1400 Shingle Creek Crossing 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N. 2200 Freeway Boulevard LIQUOR - CLASS B ON-SALE INTOXICATING Brooklyn Hotel Partners LLC dba Embassy Suites 6300 Earle Brown Drive Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard LIQUOR - CLASS F ON-SALE INTOXICATING Flikj International Corp. Dba Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR - ON-SALE club INTOXICATING Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard Hiep Thanh Dell, Inc. dba Hiep Thanh BBQ & Deli 6201 Brooklyn Boulevard -Subject to submittal of Liquor Liability Insurance Certificates Rose Garden 6090 Shingle Creek Parkway LIQUOR ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course Centennial Park and Evergreen Park 6301 Shingle Creek Parkway Chipotle Mexican Grill 5711 Xerxes Avenue N. UEC Hospitality LLC dba Wingstop #1005 1180 Shingle Creek Crossing/Gi Awad Company dba Winner 6501 Humboldt Avenue N. Diamond Lake 1994 LLC dba Cub Foods— Brookdale 3245 County Road 10 Kabalan Co. dba Pump N Munch 1505 69th Avenue N. -Subject to submittal of Liquor Liability Insurance Certificate Leng Ku dba Sun Foods Northern Tier Retail LLC dba SuperAmerica #3192 Northern Tier Retail LLC dba SuperAmerica #4160 Northern Tier Retail LLC dba SuperAmerica #4058 LIQUOR - SUNDAY SALES 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar Brooklyn Hotel Partners LLC dba Embassy Suites Duoos Bros. American Legion Post 630 Flik International Corp. dba Earle Brown Heritage Center Jammin Wings LLC dba Jam-min Wings 6350 Brooklyn Boulevard 6950 Brooklyn Boulevard 6545 West River Road 190157 th Avenue N. 2200 Freeway Boulevard 1400 Shingle Creek Crossing 6300 Earle Brown Drive 6110 Brooklyn Boulevard 6155 Earle Brown Drive 2590 Freeway Boulevard IJJ h[i 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N 2200 Freeway Boulevard Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard 12/11/17 -4- DRAFT MECHANICAL Alan Mechanical, Inc. 7875 Fuller Road, Eden Prairie Midland Heating & Air Conditioning 413 West 60th Street, Minneapolis Sedgwick Heating 1408 Northland Drive, Suite 310, Mendota Heights T&S Heating and Air Conditioning 1524 Mulberry Street, Taylor Falls PUBLIC DANCE Jammin Wings, LLC 2590 Freeway Boulevard RENTAL INITIAL (TYPE II— two-year license) 2412 Ericon Drive Kurt Templin RENEWAL (TYPE III— one-year license) 4811 Lakeview Avenue Diane Krenz 2307-0954 t Avenue N. James Johnson 6742-44 France Avenue N. Infinite Property LLC 140172 d Avenue N. Chad Tesmer RENEWAL (TYPE H— two-year license) 4748-52 Twin Lake Avenue Grant and Pam Osgood 360966 1h Avenue N.Bradley McKnight 5201 Drew Avenue N.Ahmed Omar 5913 June Avenue N.Mohammed Mehdi 5524 Knox Avenue N.Michaele Ude 4207 Lakeside Avenue #240 Tom Conteh 6907 Quail Avenue N.Tony & Carmen Holder RENEWAL (TYPE 1— three-year license) 270165 th Avenue N. Trinh Vu 3312 65th Avenue N. Charles Kaatz TOBACCO RELATED PRODUCT Holiday Stationstore #292 420 66111 Avenue N. Kabalan Co. dba: Pump N Munch 1505 69th Avenue N. Holiday Stationstore #2099 6890 Shingle Creek Parkway 6c.2018 CITY COUNCIL MEETING SCHEDULE 6d.RESOLUTION NO. 2017-198 DESIGNATING POLLING PLACE'FOR THE CITY OF BROOKLYN CENTER FOR 2018 ELECTIONS 12/11/17 -5- DRAFT 1 *fs] ui I 3V V W.I ai fU [II 1111 11I M aki r RESOLUTION APPROVINGI FINAL PLAT [Ii LI U P FM CREEK CROSSING 6 TI ADDITION Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2017-202 EXPRESSING RECOGNITION AND APPRECIATION TO DIRECTOR OF BUSINESS AND DEVELOPMENT GARY EITEL FOR 10 YEARS OF DEDICATED SERVICE TO THE CITY OF I ) (III) I m'tii DK1 V I l Mr. Boganey stated his strong support to recognize the contribution of Director of Business and Development Gary Eitel. Mayor Willson read in full a Resolution expressing the City's appreciation to Director of Business and Development Gary Eitel for ten years of dedicated service to the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-202 Expressing Recognition and Appreciation to Director of Business and Development Gary Eitel for 10 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. Mayor Willson announced the December 20, 2017, retirement celebration for Mr. Eitel. He noted when Mr. Eitel came to the City, it was to be for only several months with the intent of retiring; however, Mr. Eitel stayed for ten years and the City has been fortunate to have him. 8.PUBLIC HEARINGS 8a. ORDINANCE NO. 2017-02 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY 12/11/17 -6- DRAFT Deputy City Manager Reggie Edwards introduced the item, discussed the history, and stated the purpose of the proposed ordinance to place regulations on filming activities and commercial photography within Brooklyn Center. He described the types of requests the City has received, process followed to draft the proposed ordinance, and elements included in the proposed ordinance. Dr. Edwards explained there is not a set permit fee but there would be a fee based on the requested service. It was noted this item was first read on November 13, 2017; published in the official newspaper on November 23, 2017; and, is offered this evening for Public Hearing. Dr. Edwards presented next steps to open the Public Hearing to receive comments and consider adoption of the proposed ordinance. Councilmember Butler moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Don Bumgarner, 7030 Drew Avenue N., stated his concern as it involves First Amendment rights and the ordinance does not indicate it wouldn't apply to private citizens or news media. Mayor Willson explained this is not defined so broadly to include private citizens or television cameras for the news media. City Attorney Troy Gilchrist concurred and advised it is intended to focus on commercial photography and movie sets and would not apply to or restrict private citizens or news media. He noted it also exempts small business photographers who take things like senior pictures. Mr. Bumgamer stated he finds the language to be vague and ambiguous and that it could apply to a private citizen filming something should the news media want to purchase that film. He would like specific language included to exempt private citizens. Tammy Sathre, 6038 Lilac Drive N., stated she shares the concern that a private citizen would be required to obtain a permit if they are taking photos in a park. Mayor Willson explained why that activity would not fall under this ordinance. Robert Marvin, 4711 Twin Lake Avenue, stated he understands the need for this type of ordinance for a Hollywood production that may interrupt traffic but even though the intent is not to limit individuals, he found the language does not specifically state that. He noted if someone calls the police, then City resources would be expended and the exception would no longer apply. Mr. Marvin felt a 'one size fits all' approach does not work and suggested additional insurance be required beyond $300,000 depending on the scope of the interruption. He also suggested the $500 fee to close a street be more closely defined, thinking the fee should be proportionate with the disruption. Mayor Willson explained at the time the permit is pulled, the amount of the fee would be determined based on staff's analysis of the scope of the request, interruption, and use of City services. Mr. Marvin referenced the language relating to use of public right-of-way and private property when filming which may be occurring at a resident's party. Mayor Willson stated again that relates to private citizen's activities and the ordinance is not overly broad. 12/11/17 -7- DRAFT With regard to Mr. Marvin's comment during Informal Open Forum, Mayor Willson asked Mr. Marvin for specifics relating to his conversation with the railroad when they indicated that if a jurisdictional body went to them, they would honor that request. Mr. Martin stated he would check his notes and share them with staff. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson clarified the purpose of this ordinance is to protect the City against expenditures resulting from commercial operations and in no way imposes on private citizens. Councilmember Ryan asked if under reasonable definition of 'commercial filming activity' that concerns with freedom of speech and freedom of movement on public property are not affected by this ordinance. Mr. Gilchrist advised the activities subject to permitting are commercial activities engaged for payment and the activity would have to result in the use of City services so this would not pertain to someone calling the police to complain. He stated staff did discuss scenarios from permitting a major motion picture to something much smaller, which is the reason for the general conditions and review and broad discretion by the City Manager to place conditions and respond to the specific activity under consideration. Mr. Boganey stated if the applicant is dissatisfied with conditions established by the City Manager there is a process to appeal to the City Council. Mayor Willson noted the use of drones is also addressed, which will be impacted by the location of the Crystal Airport. Councilmember Ryan stated the intent is to limit nuisances and inconveniences to the public while encouraging positive commercial activity. He stated he finds the ordinance to be reasonably crafted and he supports it. Mr. Boganey read the specific exceptions detailed in the proposed ordinance. Councilmember Ryan moved and Councilmember Butler seconded to adopt ORDINANCE NO. 2017-02 Amending Chapter 23 of the City Code of Ordinances Regarding Filming Activities and Commercial Photography. Motion passed unanimously. 8b. CHAPTER 11 OF THE CITY CODE OF ORDINANCES REGARDING LIQUOR LICENSES Dr. Edwards introduced the item, discussed the history, and stated the purpose of the proposed ordinance relating to the number and type of liquor licenses issued in the City and resolution to 12/11/17 -8- DRAFT amend the fee schedule. He described staff's review and comparison with 12 other cities within the regional marketplace of Brooklyn Center relating to impact of the liquor license fee and regulations on whether they locate in Brooklyn Center. He presented key findings, noting Brooklyn Center has one of the lowest number of establishments licensed to serve intoxicating liquor among the 12 cities reviewed. The City also has one of the higher fee structures among those cities reviewed. Dr. Edwards stated the City also has the most restrictive seating capacity, and higher food to liquor sales ratio regulation, but does not have a significant difference in police calls. Dr. Edwards noted the City Council discussed the liquor license regulations and fees and directed staff to develop an amended liquor license ordinance to flatten/simplify classification and fee tier system, set City fees that are comparable and competitive with other cities, and address related public safety matters. It was noted this item was first read on November 13, 2017; published in the official newspaper on November 23, 2017, and, is offered this evening for Public Hearing. Dr. Edwards presented significant ordinance changes, provided an explanation of each, and stated staff believes the proposed ordinance addresses the direction provided by the City Council. He recommended the City Council hold the Public Hearing and consider adoption of the proposed ordinance and resolution. Councilmember Butler stated the Police Chief was included in the ordinance discussion and asked, if stopping liquor sales at 1 a.m., were there any other concerns with increasing the number of liquor licenses issued. Dr. Edwards stated staff looked at the police calls over the last year and did not see a correlation based on the types of calls received and the liquor license regulations. Staff's best guess is that someone who has consumed alcohol and is on the route home, may stop for one more and the City wants to mitigate Brooklyn Center becoming that stopping point. Councilmember Butler asked if there is an increase in police calls would that licensed establishment be treated similar to a rental license where the license can be pulled. Mr. Boganey stated staff did not modify the ordinance in that respect and the prior City Council comment was if after implementation of these changes the City found there was an establishment with specific problems, then the City could amend the ordinance to address that specific problem that might arise. That was the intent. Mr. Boganey stated there is no Statutory ratio requirement for the food to liquor, but 30% is reflective of the norm from the 12 study cities. Councilmember Lawrence-Anderson stated she heard this ordinance was last altered in the 1970s so it is time for a review. She asked if this new license process will be more efficient use of staff time. Mr. Boganey stated it will without a doubt and both staff and applicants will be better served by this less complicated system. Councilmember Lawrence-Anderson noted staff reviews the ratio prior to a new renewal date. Mr. Boganey confirmed that is correct. Councilmember Lawrence-Anderson stated in the past she offered her support and hopes this will be in effect prior to the Super Bowl. 12/11/17 -9- DRAFT Mayor Willson stated his support to close liquor sales at 1 a.m. : u I auSf'd Councilmember Butler moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Wayne Brown, owner of Jammin Wings, stated his concern as this ordinance will immensely affect his business which is open until 2 a.m. He asked if his business can be grandfathered as he is in his fifth year of business. If not, he would like assistance from the City with employee transportation as it would assure employee longevity. Also, his business advertises as being open until 2 a.m. and the City said he has to remove his sign. Mr. Brown stated police calls to his business have gone down dramatically and he has talked with Mr. Boganey about how to continue to improve his business. Mayor Willson clarified this ordinance change is not as a direct result of any current business in Brooklyn Center but for businesses that want to locate in Brooklyn Center but cannot meet the City's criteria. He explained the bus service and bus stops are not City resources. Mr. Brown stated another issue is the difficulty in access from the 1-694 and 1-94. Mayor Willson explained the City only has jurisdiction over local highways. Councilmember Butler asked about the amount of liquor sales after 1 a.m. Mr. Brown estimated more than 30% of his business since it is a nightclub atmosphere. Mayor Willson suggested looking at the food to liquor ratio to determine the actual percent. Mr. Boganey stated staff does not have immediate access to sales data related to a particular hour of the day. Mr. Brown offered to provide that information. Mr. Boganey stated Mr. Brown indicated that in the evening there is more of a nightclub atmosphere but the Statute specifically says liquor licenses are provided at restaurants and hotels. The purpose of the Statute is to supplement restaurant activity, not to provide a liquor license for a nightclub, which is prohibited for suburban communities. If the business is functioning as a nightclub, that is not in the spirit of the State law. Mayor Willson noted Mr. Brown may have used the wrong term and meant that he has late night customers coming in for food. Mr. Brown stated that is correct and his ratio is 54% food with 46% alcohol. Carol Kleven, 5835 Zenith Avenue N., thanked staff for reviewing the liquor license ordinance, noting the City has waited a long time to get large sit-down restaurants. She stated if this ordinance amendment makes that feasible, then she supports it and thinks the City should make it happen. Ms. Kleven stated Police Chief Gannon assured her the Department was prepared for any issues that could occur, but she is concerned about a recent Sun Post article saying Qdoba wants to sell beer and cocktails. She explained Qdoba does not sell liquor at their other locations and she would not like Brooklyn Center to be the first location to start that. 12/11/17 -10- DRAFT Jackson George, 5901 Brooklyn Boulevard, Liberian Business Association, stated they have 45 businesses in Brooklyn Center and Brooklyn Park, meet at restaurants for monthly meetings, and would like the restaurant to offer wine. He stated his support for the new ordinance. Estella Fallah, owner of Estella' s Kitchen, 6838 Humboldt Avenue N., stated her support for the proposed ordinance, as not having a liquor license has been a block to grow her business. Mayor Willson welcomed Ms. Fallah and stated the City's support of incubator businesses. Mr. Boganey noted sections of the ordinance not under consideration tonight would make it difficult for Humboldt Square to qualify as it contains a day care and a liquor license is prohibited within a certain distance of a day care. Ms. Fallah stated she understands that is the case and had talked about it with her landlord who was also not aware. She stated she is between the day care and the church, but she is not open on Sunday. Mr. Boganey stated he will confirm whether the distance prohibition from day cares and churches is State law. Robert Marvin, 4711 Twin Lake Avenue, agreed that promoting business is a good thing and stated the City may get more revenue as it issues more licenses, and this will help grow business. He supported the proposed resolution. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Mr. Gilchrist pointed out a needed correction to 'Section 11-107, Paragraph 14. Off-Sale Small Brewer License. This license may be issued to a Brewer licensed under Minnesota Statutes, Section 340A.301...' Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2017-03 Amending Chapter 11 of the City Code of Ordinances Regarding Liquor Licenses, as amended. Motion passed unanimously. :iii.i ? Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017-203 Amending the City of Brooklyn Center Fee Schedule Relating to Liquor Licensing. Motion passed unanimously. :im [NH l[ef3[s] UJU (IiIJi DUI Ili Ili I I I I k'A I III A!1 IkUDh1 i Public Works Director Doran Cote introduced the item, noting a 4/5ths vote of the City Council is required to order the improvement and plans and specs for the project and a simple majority 12/11/17 -11- DRAFT vote is required to certify the special assessments. He reported that no appeals have been received to date. Engineering Technician IV Jay Hill presented the Capital Improvement Program (CIP) and feasibility report for the proposed project in the residential neighborhood area commonly referred to as the Firehouse Park Area that included: full street reconstruction, replacement of free-standing street lights with LED fixtures, and boulevard restoration; installation of new storm sewers and concrete curb and gutter; replacement of approximately 50% of existing water main pipes, new valves, hydrants, and water services to the curb stops where impacted; and, replacement of approximately 90% of sanitary sewer pipe, access structures, and residential sewer services to property lines. He displayed pictures of pavement conditions and described the proposed improvements. Mr. Hill then presented the feasibility report for Agenda Item 8d, the proposed project in the residential neighborhood area commonly referred to as the 51 " Avenue / Frontage Road Area that included: full street reconstruction of 51st Avenue from Brooklyn Boulevard to Xerxes Avenue, replacement of street signs an sidewalk, changes to turn lanes and points of access, installation of concrete driveway aprons, installation of concrete curb and gutter and a new six- foot sidewalk and boulevard restoration; repair and replacement of existing storm sewers on 51st Avenue and new storm sewers on Lilac Drive; complete replacement of the existing water main pipes, new valves, hydrant, and water services to the shut off valve where impacted on 51st Avenue; and, complete replacement of sanitary sewer pipe, access structures, and residential sewer services to property lines on 51st Avenue. Mr. Hill explained that special assessments are proposed as one of several funding sources for this project. He presented a summary of assessments, noting for a non-subdividable single- family residential property zoned Ri, the full unit assessment is $4,353 for street improvements and $1,306 for storm drainage improvements. Other larger RI zoned properties would be assessed based on computing a maximum number of subdividable lots times the full RI unit assessments. Mr. Albers explained how the special assessment would be calculated for property zoned R3. Mr. Hill outlined the process for a property owner to appeal or object to a special assessment as well as payment options. He stated staff recommends the City Council hold a public hearing to accept comments on the improvement project and defer comments concerning the special assessment to the second public hearing. Councilmember Butler stated she received questions asking why residents have to pay or cover the full amount. Mayor Willson noted all residents have been treated equally since the start of this process and now there are only three years left to complete streets in the City so it would not be fair to cover these assessments when earlier assessments were not covered. Mr. Boganey stated in addition, at the beginning of the process, it was a policy choice for the City Council that it would be best, fair, and justifiable that residents benefiting from the improvement should be paying some portion of the cost. That is how the program was started. The Statutory authority is based on the assumption that the improvement made by the 12/11/17 -12- DRAFT government actually improves the private value and benefit to the owner of the property where the improvement is taking place. The City cannot assess more to a property owner than the actual change in the value of the property. Mr. Boganey explained the other justification is the individual property owners are getting a special benefit from the improvement so they should contribute towards that improvement. The City Council reviewed the preliminary project budget and percentages to be paid by the City and those to be assessed. Councilmember Ryan stated over the many years the City has been responsible to replace critical infrastructure, the construction price index has surpassed the consumer price index so the project price has increased significantly over the 25 years of projects. He stated he is aware this is a difficult challenge for some homeowners but the cost is over many funds to mitigate the impact of the special assessments as much as possible. Mr. Boganey noted the assessment is for 16.3% of the total reconstruction cost but the Street Reconstruction Fund is contributing 32.6% and that comes from all tax payers and franchise fees (general public). This means the City's general public is paying twice as much for the street as the private property owner. Mayor Willson agreed wages have not kept up with the increase in construction project costs so many are struggling to keep up. Councilmember Ryan stated unless Edina has changed its policies, they assess for the total project cost and five years ago, a neighborhood petitioned to suspend their project because they didn't want to pay in the range of a $14,000 assessment. He agreed Brooklyn Center has taken on projects and assessments in a very responsible manner to reduce the impact of special assessments.r_ RESOLUTION NO. 2017-204 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2018-01, 02, 03, AND 04, FIREHOUSE PARK AREA STREET, STORM DRAINAGE, AN1IUTILITY IMPROVEMENTS Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Aleta Stevenson, 6726 North Fifth Street, stated she works nights and asked if they will be able to drive on the street during the project. Mayor Willson explained the street will be dug up but put back in place every night to provide residents access to their garages on a daily basis. When needed, the contractor will also accommodate moving a vehicle during the day. Councilmember Lawrence-Anderson stated if the City is aware of a resident's medical needs, they will make accommodations with the contractor. 12/11/17 -13- DRAFT Ms. Stevenson asked about the mailboxes. Mayor Willson stated the contractor may place temporary mailboxes outside of the construction area so the Post Office can still deliver mail. If the neighborhood thinks a locked mailbox is important, they can make that request. Mr. Hillcrest described the updated street light fixtures and stated multi-use poles will not be changed. Ms. Stevenson asked if trees will be replaced if located on private property. Mr. Hillcrest stated trees within the boulevard or near the sanitary or water services that have to be removed due to construction will be replaced one-to-one. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-204 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2018-01, 02, 03, and 04, Firehouse Park Area Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO 2017-205 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2018-01 AND 2018-02, FIREHOUSE PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one wished to address this item. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-205 Certifying Special Assessments for Improvement Project Nos. 2018-01 and 2018-02, Firehouse Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 12/11/17 -14- DRAFT U miii: II 1 I[1'I SM1V1 aIIIJ DWi S)1 WI U W'I J WA I J USA'i IWAI 3Ih11i Mr. Hill presented this feasibility report with Agenda Item 8c, Public Hearing for Firehouse Park Area Improvements. RESOLUTION NO. 2017-206 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2018-06, 51 s ' AVENUE / FRONTAGE ROAD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one wished to address this item. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-206 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No 2018-16, 51St Avenue I Frontage Road Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO 2017-207 CERTIFYING SPECIAL ASSESSMENTI FOR IMPROVEMENT PROJECT NO 2018-06, 51ST AVENUE FRONTAGE ROAD STREET AND STORM DRAINAG IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one wished to address this item. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. 12/11/17 -15- DRAFT Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-207 Certifying Special Assessments for Improvement Project No 2018-06, 51st Avenue / Frontage Road Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. IL IfiIi)lfl thU1 Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2017-012 and advised the Planning Commission recommended approval of the applications at its November 30, 2017, meeting. Councilmember Butler moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2017.209 Regarding the Recommended Disposition of Planning Commission Application No. 2017-02 Submitted by Trent Mayberry / Told Development Company Approving New Site and Building Plan for the Development of a Bank of America on Building Site F in the Shingle Creek Crossing 6" Addition (located at 2545 County Road 10). Motion passed unanimously. ILL...... I1SISJh[Sii S)Ei I:ODfl1I (IAI tI{JIk'Aii ICONSIDERATIONTYPE k'6-MONTH I1'i 11 tIJ 1 U LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide 12/11/17 -16- DRAFT testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 1 Oal through 10a14. lOal.6009 Aldrich Avenue N. 10a2.5606 Bryant Avenue N. 100.6337 Bryant Avenue N. 10a4.4906 Howe Lane 10a5.4200 Lakebreeze Avenue 10a6.5300 Logan Avenue N. 100,5401 Oliver Avenue N. 10a8.5337-39 Queen Avenue N. 10a9.6000 Vincent Avenue N. lOalO.RESOLUTION NO. 2017-210 Approving a Type IV 6-Month Provisional Rental License for 3300 65th Avenue N. lOall.RESOLUTION NO. 2017-211 Approving a Type IV 6-Month Provisional Rental License for 6106 Aldrich Avenue N. 10a12.RESOLUTION NO. 2017-212 Approving a Type IV 6-Month Provisional Rental License for 5637-39 Girard Avenue N. 10a13.RESOLUTION NO. 2017-213 Approving a Type IV 6-Month Provisional Rental License for 2913 Nash Road 10a14.RESOLUTION NO. 2017-214 Approving a Type IV 6-Month Provisional Rental License for 5406 Sailor Lane Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 6009 Aldrich Avenue N., 5606 Bryant Avenue N., 6337 Bryant Avenue N., 4906 Howe Lane, 4200 Lakebreeze Avenue, 5300 Logan Avenue N., 5401 Oliver Avenue N., 5337-39 Queen Avenue N., 6000 Vincent Avenue N., and adopt RESOLUTION NO. 2017-210 Approving a Type IV 6-Month Provisional Rental License for 3300 65th Avenue N.; RESOLUTION NO. 2017-211 Approving a Type IV 6-Month Provisional Rental License for 6106 Aldrich Avenue N.; RESOLUTION NO. 2017-212 Approving a Type IV 6-Month Provisional Rental License for 5637-39 Girard Avenue N.; RESOLUTION NO. 2017-213 Approving a Type IV 6-Month Provisional Rental License for 2913 Nash Road; and, RESOLUTION NO. 2017-214 Approving a Type IV 6-Month Provisional Rental License for 5406 Sailor Lane, 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. I] Ihi V1U aiutiisi N rai u'A ]'LES]k'4h'A I F (I)1 Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to ratify the following Mayoral appointments: Financial Commission - term to expire December 31, 2020 Tia Hedenland and Teneshia Kragness 12/11/17 -17- DRAFT Housing Commission - term to expire December 31, 2020 Mark Goodell Park and Recreation Commission - term to expire December 31, 2020 Bud Sorenson and Jill Dalton Planning Commission - term to expire December 31, 2019 Alexander Koenig, Abraham Rizvi, and Rochelle Sweeney NW Suburbs Cable Communications Commission - term to expire December 31, 2018 Darryl Sannes Mayor Willson explained if there are three absences in a row, it results in an automatic resignation and notice is sent to that individual. He stated he asked the City Clerk to send similar information to each Chair indicating the Mayor reviews these appointments on an annual basis and participation is important. Motion passed unanimously. With regard to 2018 liaison appointments, Mayor Willson stated Councilmember Butler would like to move from the Financial Commission to another to gain a better understanding of the City. Also, he would like Councilmember Ryan to remain as the League of Minnesota Cities liaison. Mayor Willson asked Members to call if they would like to be reassigned, noting he will submit his appointments to the City Clerk by December 18, 2017, for consideration at a January 2018 meeting. Councilmember Ryan stated his interest in continuing to serve as the City's liaison to the League of Minnesota Cities and Metro Cities. I U D[SJ DFf'V WI 1 U ILI!d Councilmember Ryan moved and Councilmember Butler seconded to recess to the Economic Development Authority Meeting. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to reconvene the Regular Session. Motion passed unanimously. II. .EflhJ(SJ U U a S) t I Councilmember Ryan reported on his attendance at the following events: • November 28, 2017: MAC Meeting • November 29, 2017: League of Minnesota Cities Annual Board Meeting • November 30, 2017: Visit Minneapolis Northwest Open House • December 3, 2017: Holly Sunday • December 4, 2017: Public Hearing for the City's Budget 12/11/17 -18- DRAFT • December 5, 2017: Neighborhood Watch Captains Dinner • December 9, 2017: Lions Club Bell Ringing at Cub Foods Councilmember Lawrence-Anderson reported on her attendance at the following events: o November 28,2017: MAC Meeting o December 3, 2017: Holly Sunday o December 4, 2017: Public Hearing for the City's Budget o December 5, 2017: Neighborhood Watch Captains Dinner Councilmember Butler reported on her attendance at the following events: o November 28, 2017: ACER Neighborhood Gathering o November 30, 2017: Visit Minneapolis Northwest Open House o December 1, 2017: ACER Meeting o December 3, 2017: Holly Sunday o December 4, 2017: Public Hearing for the City's Budget Mayor Willson reported on his attendance at the following events: • December 4, 2017: Public Hearing for the City's Budget • December 8, 2017: Brooklyns Breakfast for BrookLynk 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:58 p.m. Motion passed unanimously. 12/11/17 -19- DRAFT Cilty C©dil Asda ]Itm N0 6b Recommendation: It is recommended that the City Council consider approval of the following licenses on January 8, 2018. Background: The following businesses/persons have applied for City licenses as noted. Each business/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Applicants for rental dwelling licenses are in compliance with Chapter 12 of the City Code of Ordinances, unless comments are noted below the property address On the attached rental report. GASOLINE SERVICE STATION Northern Tier Energy/Reatil/Super America dba: Super America 3192 Northern Tier Energy/Reatil/Super America dba: Super America 4058 Northern Tier Energy/Reatil/Super America dba: Super America 4160 Two Rivers Investment, Inc. MECHANICAL Ail tech Thermex LLC BWS Plumbing, Heating and Air Erickson Plumbing Heating Cooling Inc. Farr Plumbing & Heating LLC Geist and Pierson LLC Homeworks Plumbing Heating Air Joel Smith Heating & A/C Mechanical Air Systems Superior Heating Air Conditioning & Electric Inc. Temperature Pro SW Minneapolis RENTAL See attached report. 6950 Brooklyn Blvd 190157 th Ave N 6545 West River Rd 6840 Humboldt Ave N 4918 W. 35th St., St. Louis Park 7251 Washington Ave S, Edina 1471 92nd Lane NE, Blame 2525 Nevada Ave N #104, Golden Valley 14750 Potassium St NW, Ramsey 1230 Eagan Industrial Rd #117, Eagan 13915 Lincoln St NE Ste E, Ham Lake 6995 20th Ave S., Centerville 3731 Thurston Ave Ste 108, Anoka 4423 Nicollet Ave, Minneapolis Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI1IJ[i1 I Dh'A Uh'A I M'A 0) 1I IISJhYA I TOBACCO RELATED PRODUCT Northern Tier Energy/Reatil/Super America dba: Super America 3192 6950 Brooklyn Blvd Northern Tier Energy/Reatil/Super America dba: Super America 4058 190157" Ave N Northern Tier Energy/Reatil/Super America dba: Super America 4160 6545 West River Rd Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i1i1SJ[iJ I I N hYA UYA I ak'A (I) 1'WI 1Sk'A I Rental License Category Criteria Policy - Adopted by City Council 03-08-10 Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type 11-2 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 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 34,units Greater than 025 but not mOre than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves (he public trust Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** 6445 James Cir Single Family Initial Kaswa Hospitality Inc.5 III N/A III 4201 Lakeside Ave #214 Single Family Initial Chester Lauren Dryke 0 I N/A II 7100 Lee Ave N Single Family Initial Selene Avendamo 0 I N/A II 5509 Lyndale Ave N Single Family Initial Brett Hildreth 1 I N/A II 3018 Nash Rd Single Family Initial Timothy Cavanaugh 3 II N/A II 6924 Scott Ave N Single Family Initial Mohammed Mohammed 1 I N/A II 5001 Ewing Ave N 1 Bldg 4 Units Renewal Bartholomew Dabrowski 7 (1.8/Unit)III 0 III III 4110 Lakebreeze Ave 1 Bldg 4 Units Renewal Mindy Jean Brummer 7 (1.8/Unit)III 0 III II 5239-41 Drew Ave N Two Family (2)Renewal Jay & Gina Battenberg 4 (2/Unit)II 0 II I 3819 61st Ave N Single Family Renewal Fred Hanus 3 II 0 II II 4207 62nd Ave N Single Family Renewal Christopher Rasmussen 3 II 0 II II 4101 70th Ave N Single Family Renewal Paul Pham 3 II 0 II III 6115 Aldrich Ave N Single Family Renewal Kin Chew (Missing 2 ARM meetings and CPTED follow-up)4 II 1 III III 5834 Camden Ave N Single Family Renewal RHA 3, LLC 4 II 0 II III 5959 Camden Ave N Single Family Renewal Todd Havisto and Dave Baumann 2 II 0 II I 6611 Camden Dr Single Family Renewal Jenn-Yuan Chen/Shin Chiang 0 I 0 I IV 5519 Colfax Ave N Single Family Renewal Ryan Smith 2 II 0 II I 6418 Colfax Ave N Single Family Renewal Shawn Cha and Manny Phothirath 2 II 1 II II 3819 France Pl N Single Family Renewal Robert E. Lindahl 0 I 0 I I 5719 Halifax Ave N Single Family Renewal Paul Zheng 4 II 0 II IV 5618 Hillsview Rd Single Family Renewal Nita Morlock 4 II 0 II IV 5636 Irving Ave N Single Family Renewal Bruce Alan Goldberg 2 II 0 II I 5600 Judy La Single Family Renewal Nita Morlock 8 III 0 III IV 2718 Ohenry Rd Single Family Renewal Wade Klick 1 I 0 I II 5900 Pearson Dr Single Family Renewal Mary T Properties 7 III 0 III II Rental Licenses for Council Approval on January 8, 2018 Property Address Dwelling Type Renewal or Initial Owner Property Code Violations License Type Police CFS * Final License Type ** Previous License Type *** Rental Licenses for Council Approval on January 8, 2018 6012 York Ave N Single Family Renewal Presley and Korpo Hanson 5 III 0 III IV * CFS = Calls For Service for Renewal Licenses Only (Initial Licenses are not applicable to calls for service and will be listed N/A.) ** License Type Being Issued Type I = 3 Year Type II = 2 Year Type III = 1 Year *** Initial licenses will not show a previous license type All properties are current on City utilities and property taxes City C©rn©f1 Agenda ll©m N©0 6 COUNC]IL I{TM MEMCANDUM DATE: January 2, 2018 TO: Curt Boganey, City Mana THROUGH: Reggie Edwards, Deputy City Manager FROM: Sharon Knutson, City Clerk X424tIYtK)Ud( SUBJECT: Resolution Designating Official Newspaper Recommendation: It is recommended that the City Council consider adoption of a Resolution Designating Official Newspaper. Background: Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper in which the City will publish ordinances, bids, public hearing notices, advertising for proposals, assessments, bonds, financial reports, and other matters as required by law. Sun Media has once again requested that the City Council consider designating Brooklyn Center Sun-Post to be the official newspaper for 2018. Brooklyn Center Sun-Post meets all necessary requirements of a qualified newspaper. The rate structure for 2018 is $11.90 per column inch (9 lines per inch = $1.32 per line). The circulation of the Sun-Post is 4,027 newspapers. Another alternative for the City Council to consider is the Minneapolis Star Tribune. It meets the requirements of a qualified newspaper, with circulation at zip codes 55429 and 55430 at 1,190 on Monday and Tuesday; 1,250 on Wednesday and Thursday; 1,420 on Saturday; and 2,780 on Sunday. The rate structure for 2018 is $1.31 per line. Attachments: Resolution Designating Official Newspaper Sun Media Rate and Circulation Letter and Audit Report Minnesota Statutes Chapter 33 1A Budget Issues- The 2018 budget includes $7,000 for legal publications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2018. January 8, 2018 MayorDate 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. 4 F1 December 2017 City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: Please accept the following bid from the Brooklyn Canter Sun Post for legal newspaper designation for the City of Brooklyn Center. This newspaper is qualified by the State of Minnesota as a legal news- paper under Minnesota Statutes Section 331A.02, Subd. 1. The following rate structure for legals is effective January 1, 2018: First insertion: $1t90 per column inch Subsequent insertions: $700 per column inch Characters per inch: 320 Lines per inch: 9 A notarized affidavit will be provided for each notice published. Additional affidavits are $2.50 each. A $20.00 charge will be assessed on legal notices that require typing. All published legal notices are posted on the Sun-Post website at no additional charge. The Sun-Post is published weekly on Thursdays. The deadline is 2:00 p.m. on Thursday for publication the following Thursday. Please email legal notices to pubcnoflce@ecrn-nccom. Thank you for considering the Sun-Post as the official newspaper for the City of Brooklyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Michael Jetchick Sales Manager 10917 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 o 952-846-2019 a POST.MNSUN.COM AUDIT REPORT For the 12-month period ending Sept. 28, 2017 BROOKLYN CENTER SUN0POST ECM Publishers, Inc. Hennepin County, Minnesota Published Weekly: Thursday PUBLISHER'S STATED PUBLISHING AND CIRCULATION POLICY Policy is to publish weakly com- munity newspapers. Advertising is sold separately or in any combina- tion with ECM Publishers, Inc. Circulation policy is to home deliver single copies to a defined portion of households within Hen- nepin, Dakota, Anoka, Carver, and Ramsey counties. Bulk deliveries (five or more copies) delivered to public buildings and limited retail locations. AVERAGE CIRCULATION, DISTRIBUTION AND NET PRESS RUN A. Paid circulation 11 Mat subscriptions ........5 2)Net retail sales (store, newsstand, rack, andcounter .............0 3)Voluntary/optional paid circulation .............. 26 Total paid circulation 30 B. Unpaid circulation 1)Carder single copies......4027 2)Unpaid residential bulk ....... U 3) Unpaid non-residential bulk .................... 150 Total unpaid circulation 4217 Total paid and unpaid circulation (sum of A & B) 4247 PUBLISHER'S BREAKDOWN OF TOTAL CIRCULATION FOR THE SINGLE ISSUE OF: BROOKLYN CENTER SUNoPOST THURSDAY, Sept. 28, 2017 A.Paid mailed circulation.......3 B.Net retail sales (store, newsstand, rack, andcounter ...............0 C.Voluntary/optional paid circulation .................0 D.Unpaid carrier ........... use E.Bulk....................191 F.Total distribution (sum otA,B,C,D&El ......136.3 Audit statement... We have examined the records of the publication(a) for the period staled. Our examination was made in ac- cordance with the Corporation's bylaws, rules and regulations, and auditing standards, and accord- ingly, included such tests of the accounting and circulation records and such auditing procedures as we considered necessary in the circumstances. In our opin- ion, this report presents fairly the circulation of the publication(a) of the period indicated. Certified Audit of Circulation 155 Willowbrook Blvd. Wayne, N.J. 07470 Telephoner 973-785-3000 cao@certifiedaedit.com PROOF OF PUBLICATION and STATEMENT OF OWNERSHIP Name and address of publication: Sun -Post 10917 Valley View Road Eden Prairie, MN 55344 Name of personnel: General Manager: Mark Weber Director of News: Keith Anderson Number of issues printed each year: 52 Name and address of publishing company if different: ECM Publishers, Inc. 10917 Valley 'view Road Eden Prairie, MN 55344 MINNESOTA STATUTES 2017 331A.01 QUALIFIED NEWSPAPERS 331A.01 DEFINITIONS. 331A.07 AFFIDAVIT OF PUBLICATION. 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. 331A.08 COMPUTATION OF TIME. 331A.03 WHERE NOTICE PUBLISHED. 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. 331A-05 FORM OF PUBLIC NOTICES. 331A.06 RATES FOR PUBLICATION. 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. 331A.11 APPLICATION. 331A.12 WEB SITE ADVERTISEMENT FOR TRANSPORTATION PROJECT BIDS. Subdivision 1. Scope. As used in sections 331 A.0 1 to 331 A. 11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5. [Repealed, 2004 c 182 s 33] Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the roll call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (1)every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; (2)every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of meetings of private and public bodies required by law; (3)every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a light within a designated period or upon or by a designated date; and (4)this subdivision contains no independent requirement for the publication of any public notice. Subd. S. Qualified newspaper. "Qualified newspaper" means a newspaper which complies with all of the provisions of section 331A02. The following terms, when found in laws referring to the publication of Copyright 0 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.01 MINNESOTA STATUTES 2017 a public notice, shall be taken to mean a qualified newspaper: "qualified legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. Subd. II. Recognized industry trade journal. "Recognized industry trade journal" means a printed or digital publication or Web site that contains building and construction news of interest to contractors in this state, or that publishes project advertisements and bids for review by contractors or other interested bidders in its regular course of business. History: 1984 c 543 s 20; 1986 c 444,' 2004 c 182 s 3-7,' 2013 c 46 s I 331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision I. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a)be printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a public subsidy; (b)if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any week in which a legal holiday is included, not more than four issues of a daily paper are necessary; (c)in at least half of its issues each year, have no more than 75 percent of its printed space comprised of advertising material and paid public notices. In all of its issues each yea!', have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns devoted to news of local interest to the community which it purports to serve. Not more than 25 percent of its total nonadvertising column inches in any issue may wholly duplicate any other publication unless the duplicated material is from recognized general news services; (d)be circulated in the political subdivision which it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 400 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; Copyright 0 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2017 331A.02 (e)have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (f)file a copy of each issue immediately with the State Historical Society; (g)be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; (h)have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and ) after publication, submit to the secretary of state by December 31 a filing containing the newspapers name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2. [Repealed, 2004 c 182 s 33] Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a)Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. (b)The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision 1. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.02 MINNESOTA STATUTES 2017 4 Subd. 5. Posting notices on Web site, If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 sI; 1Sp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1, 1988 c 682s42; 1990c395s 1; 1991c205s 17; 1997c 137s13, 2001 c38s1; 2004c 182s8-11, 2009c 152 s5 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires publication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b)A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c)For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2017 331A.05 Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. S. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: (1)the newspaper is a qualified medium of official and legal publication; (2)the publisher of the newspaper furnishes a sworn statement, verified by a recognized independent circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3)the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4)the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as official newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1)all of the qualified newspapers in the political subdivision participate in the joint bid; (2)the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision 1. English language. All public notices shall be printed or otherwise disseminated in the English language. Copyright 0 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.05 MINNESOTA STATUTES 2017 Subd. 2. Time of notice. Unless otherwise specified by law, or by order of a court, publication of a public notice shall be as follows: (a)the notice shall be published once; (b)if the notice is intended to inform the public about a future event, the last publication shall occur not more than 30 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces maybe used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 33 1A.0 ito 331.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or charter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. S. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24, 1997 c 56 s 1; 2004 c 182 s 15-19; 2008 c 154 art 10 4 331A.06 RATES FOR PUBLICATION. Subdivision 1. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2017 331A.09 charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at legal rate. When a statute refers to publication of a public notice at the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication contracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 a' 25, 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 RXI No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the requirements to constitute a qualified newspaper. The affidavit must set forth the dates of the month and year and the day of the week upon which the public notice was published in the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 33 1A.06. History: 1984 c 543 s 26; 1993 c 48 s 7, 2004 c 182 s 22 331A.08 COMPUTATION OF TIME Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding other statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 a' 27; 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 331A.09 MINNESOTA STATUTES 2017 published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 APPLICATION. Subdivision 1. Application. Sections 331A.01 to 33 lA. 11 apply to all political subdivisions of the state. Subd. 2. Notices excluded, Sections 331A.01 to 331A.1 1 do not apply to notices required by private agreements or local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.0l apply to this section. (b) 'Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of a political subdivision at which the governing body designates its official newspaper for the year, the governing body may designate in the same maimer publication of transportation projects on the political subdivision's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the political subdivision must publish, in a qualified newspaper in the jurisdiction and on the Web site, notice that the political subdivision will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A political subdivision that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2017 331A.12 Subd, 4. Record retention. A political subdivision that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. History: 15p2003 c 19 art 2 s 56; 2014 c 287 s 22 Copyright © 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. CFty C©uill Ag©da Rem N0 d [SII1IJ(iJ I UI N Dk'A I'A I abYA (I) 1I 1iWA I DATE: January 2, 2018 TO: Curt Boganey, City Mana6j^ THROUGH: Reggie Edwards, Deputy City Manager'Iz^ FROM: Sharon Knutson, City Clerk jvkv 44^A- SUBJECT: Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, Minneapolis Northwest Convention & Visitors Bureau, North Metro Mayors Association, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, and Twin Lakes Joint Powers Organization Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Brooklyn Center Representatives to Executive Committee and/or Board of Directors of The Brooklyn Bridge Alliance for Youth, Hennepin Recycling Group, Local Government Information Systems, Minneapolis Northwest Convention & Visitors Bureau, North Metro Mayors Association, Northwest Suburbs Cable Communications Commission, Pets Under Police Security, and Twin Lakes Joint Powers Organization. Background: The City of Brooklyn Center has entered into several Joint and Cooperative Agreements with various organizations. I have reviewed each of the joint powers agreements and identified those organizations whose agreements provide that appointment of directors be made by the governing body or by City Council resolution. Some of the agreements require annual appointment, some provide that a director is appointed until succeeded, and some provide that a certain position serve as the representative. A summary of each of the Joint and Cooperative Agreements can be found in Section VII of the City Council Reference Book. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU, NORTH METRO MAYORS ASSOCIATION, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, AND TWIN LAKES JOINT POWERS ORGANIZATION WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the Brooklyn Bridge Alliance for Youth on November 24, 2008, and Article III, Section 3.2, of the joint powers agreement states that each member appoints one member of its governing body as a voting Director, one Alternate Director, one Director from the City's Police Department, and one Director from the City's Parks and Recreation Department; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Hennepin Recycling Group on August 1, 1988, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Local Government Information Systems (LOGIS), on May 1, 1972, and Article IV, Section 1, of the joint powers agreement states that the governing body of a member appoints directors; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the North Metro Convention and Tourism Bureau, now known as Minneapolis Northwest Convention & Visitors Bureau, on September 8, 1986, and Article IV, Section 2, of the bylaws states that each member City may appoint one Director and one Alternate Director to the Board of Directors. WHEREAS, the City of Brooklyn Center entered into a Joint Powers Agreement for the establishment of the North Metro Mayors Association on June 26, 1989, and the joint powers agreement states that the governing body of a member appoints two directors, one of whom shall be the City Manager or other designee; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Northwest Suburbs Cable Communications Commission on September 24, 1979, and Article VI, Section 1, of the joint powers agreement states that the City Council of a member appoints Commissioners; and WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of Pets Under Police Security (PUPS) on September 10, 1990, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and RESOLUTION NO. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement for the establishment of the Twin Lakes Joint Powers Organization on January 14, 1991, and Article IV, Section 2, of the joint powers agreement states that the governing body of a member appoints directors; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved: Brooklyn Bridge Alliance for Youth, Member Brooklyn Bridge Alliance for Youth, Alternate Member Brooklyn Bridge Alliance for Youth, Police Brooklyn Bridge Alliance for Youth, Parks and Recreation Hennepin Recycling Group, Director Hennepin Recycling Group, Alternate Director Local Government Information Systems (LOGIS), Director Local Government Information Systems (LOGIS), Alternate Director Minneapolis Northwest Convention & Visitors Bureau, Director Minneapolis Northwest Convention & Visitors Bureau, Alternate Director North Metro Mayors Association, Director - City Manager North Metro Mayors Association, Director Northwest Suburbs Cable Communications Commission, Council Northwest Suburbs Cable Communications Commission, Resident Pets Under Police Security, Director Pets Under Police Security, Alternate Director Twin Lakes Joint Powers Organization, Director Twin Lakes Joint Powers Organization, Alternate Director Tim Willson Dan Ryan Tim Gannon Jim Glasoe Curt Boganey Andrew Hogg Reggie Edwards Patty Hartwig Tim Willson Dan Ryan Curt Boganey Tim Willson Tim Willson Darryl Sannes Richard Gabler Garett Flesland Tim Gannon Tony Gruenig January 8, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City C©iiiriil Agenda JIthrn N0 Cue [Ei1SJ[iJ I fl I U aY1L'A I DIk!4 (I) 1I WJI3I SUBJECT: Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees Recommendation: It is recommended that the City Council consider adoption of a Resolution Appointing Municipal Trustees to the Brooklyn Center Firefighters Relief Association Board of Trustees. Background: Article V of the Brooklyn Center Firefighters Relief Association Bylaws states, ARTICLE V BOARD OF TRUSTEES 5.1 Composition. The Board of Trustees shall consist of nine (9) members. Six (6) trustees shall be elected from the membership of the relief association. There shall be three (3) officials drawn from the Municipality. The three (3) Municipal Trustees must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. The Municipal Trustees must be designated annually by the city council of the Municipality. A resolution is attached for review and consideration. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES WHEREAS, Article V of the Brooklyn Center Firefighters Relief Association Bylaws states that the Board of Directors shall consist of three (3) officials drawn from the Municipality; and WHEREAS, the three (3) Municipal Officials must be one (1) elected municipal official and one (1) elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually, and the chief of the municipal fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the following appointments are hereby approved for 2018: Elected Municipal Official Elected or Appointed Municipal Official Fire Chief Tim Willson Nathan Reinhardt Jeremy Hulke January 8, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City C©lturlldll Agenda Item N0 6f [EI1BMIJ I N N M'A UYA I kA [I) 1WI I1IJi SUBJECT: Resolution Designating Polling Places for the City of Brooklyn Center for 2019 Elections Recommendation: It is recommended that the City Council consider approval of a Resolution Designating Polling Places for the City of Brooklyn Center for 2019 Elections. Background: In 2017 legislation was passed that added a requirement for cities to designate polling places annually by December 31 for elections to be held the following year. Even if a city does not have a scheduled election for the following year, a resolution or ordinance must be passed to cover any special elections that may occur the following year. A resolution has been drafted and is attached for Council consideration. If a polling location becomes unavailable, the City Council may designate another polling location. There are no changes to the polling places for 2019. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING POLLING PLACES FOR THE CITY OF BROOKLYN CENTER FOR 2019 ELECTIONS WHEREAS, the City of Brooklyn Center is currently constituted into seven election precincts; and WHEREAS, Minnesota Statutes, Section 20413.16, Subd. 1, requires that by December 31 of each year, the governing body of a municipality must designate a polling place for each election precinct for the following year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the polling places meet the statutory requirements and are hereby designated for 2019 elections as follows: Precinct 1 —Earle Brown Elementary School, 1500 59th Avenue North Precinct 2 - Brooklyn Center High School, 6500 Humboldt Avenue North Precinct 3 - Evergreen Park Elementary School, 7020 Dupont Avenue North Precinct 4 - Spiritual Life Church, 6865 Shingle Creek Parkway Precinct 5 - Garden City Elementary School, 3501 65th Avenue North Precinct 6 - Northport Elementary School, 5421 Brooklyn Boulevard Precinct 7 - Brooklyn Center West Fire Station, 6250 Brooklyn Boulevard January 8, 2018 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. Cfu1y Coil Agenda- II{tm N©0 6g S[S1SJ[iJ I flu 'AL'A I Oik"A (I] 1I I1IJI DATE: January 8, 2018 TO: Curt Boganey, City Manag FROM: Nathan Reinhardt, Finance Director SUBJECT: Corporate Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution granting the City Manager, Finance Director and Assistant Finance Director the authority to transact financial business matters for the City of Brooklyn Center. Background: Many investment firms require the adoption of a resolution by the corporate board, in this case the City Council, authorizing specific officers to transact financial business involving treasury notes, certificates of deposit and other securities. The attached resolution fulfills that requirement by appointing the City Manager, the Finance Director, who serves as the City Treasurer, and the Assistant Finance Director, who serves as the Deputy City Treasurer, as the officers authorized to transact such business. Budget Issues: There are no budget issues to consider. Strategic Priorities: o Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS WHEREAS, the City Treasurer must be a signatory to any and all checks issued by the City in payment of obligations of the City; and WHEREAS, specific individuals must be designated by the City Council as authorized to sell, assign and endorse for transfer various financial instruments in the regular conduct of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Cornelius L. Boganey, City Manager, Nathan Reinhardt, Finance Director and Andrew Splinter, Assistant Finance Director, are hereby authorized to sell, assign and endorse for transfer certificates representing treasury notes, bonds, or other securities now registered or hereafter registered in the name of this municipality. January 8, 2018 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. Oty Ciminidli Aiuidi Item N©0 6liui [i[S]iJhYi1 I U I I 31k'A UYA I M4 (I) 1WI P1IJ I DATE: January 8, 2018 TO: Curt Boganey, City Man FROM: Nathan Reinhardt, Finance Director SUBJECT: Depository Resolution Recommendation: It is recommended that the City Council consider adoption of the attached resolution designating depositories for the 2018 fiscal year. Background: At the beginning of each fiscal year, in accordance with Minnesota Statutes 11 8A.02 and City Council Policy 2.22.4.A, the City Council considers a resolution authorizing depositories for City funds. The resolution includes banks with a presence in Brooklyn Center as well as any banks with whom the City deals on a regular basis throughout the year. The attached resolution designates banks which may not currently hold City funds but which may during the fiscal year, become a depository for City funds. Other financial depositories, such as the 4M Funds, are included because we are members of those depositories. Not all investment dealers/brokers are part of the City's current program but are authorized, after filing the appropriate Broker Certification Form, a requirement of Minnesota Statutes 11 8A, to transact business with the City of Brooklyn Center. If the City has no contact or activity with a dealer/broker during the previous fiscal year, that firm is removed not included in the succeeding year's list. All banks, depositories, investment dealers and brokers, with the exception of the Federal Reserve Bank of Minneapolis, are checked for certification by FDIC, SIPC or other certification as required by Minnesota Statutes 11 8A. All of this documentation is reviewed by the City's auditors during the financial statement audit each year. Budget Issues: There is no direct financial impact on the City. Strategic Priorities: o Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe, inclusive cornIiiunhiy that enhancesces the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.That US Bank, NA is hereby designated as a depository for funds of the City of Brooklyn Center for operational banking and investment purposes. 2.That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Wells Fargo Bank, N.A. Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) Minnesota Municipal Money Market Time Series Pools (4M Time Series) Northland Securities Oppenheimer & Co., Inc UBS Financial Services Wells Fargo Advisors, LLC The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC or SIPC or other governmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. RESOLUTION NO. 3. That the following named clearinghouses for credit card transactions are hereby designated for accepting payments: Wells Fargo Merchant Services Elavon Incorporated Sage Payment Solutions 4. Wells Fargo Institutional Trust Services is hereby designated as the safekeeping depository for investment instruments in the City's investment portfolio and as clearinghouse for the City's investment portfolio transactions. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. January 8, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City C©nil A©d Henn N©0 6il 1[I1lJ[J I U I I kV Bh'A I k"A (I] 1I )1IJ'A I DATE: January 8, 2018 TO: Curt Boganey, City Mana?/ FROM: Nathan Reinhardt, Finance Director ttv. SUBJECT: Statutory Tort Liability Limits Recommendation: It is recommended that the City Council consider approval/adoption of the attached resolution adopting the no waiver option for statutory tort liability insurance. Background: Each year the City must chose whether to waive tort liability limit protections of Minnesota Statutes 466.04 as part of the insurance policy renewal application process. M.S. 466.04 states that the maximum liability for a city for any claim arising after January 1, 2010 is $500,000 with an aggregate maximum of $1,500,000 per incident. In past years the City Council has chosen not to waive the liability limits and the regular premium for insurance has covered all claims. If the City were to waive the limits set by statute, it would be prudent to purchase additional insurance coverage to cover possible higher awards in liability claims. Premiums for such insurance would be approximately $9,000 per year. Budget Issues: The 2018 budget anticipates leaving the no waiver option in place for 2018 and has anticipated insurance premiums based on that no waiver option. Waiving the statutory limits would require that at approximately $9,000 in additional premium costs be allocated for 2018 and in each succeeding year. Strategic Priorities: o Safe, Secure, Stable Community Mission: Ensuring an attractive, clean, safe community that enhances the quality oJ7ife and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2018 WHEREAS, the City of Brooklyn Center has an option to waive its protection under the tort liability limitation contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2018 is $500,000 per individual with an aggregate of $1,500,000 per incident; and WHEREAS, the City of Brooklyn Center has not opted to waive its rights to limited tort liability in past years and is required to make a declaration of its intention every year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04 for 2018. January 8, 2018 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. Oty C©Bnlldli Agda kern N©0 [EI1II[iJ I I N M'4 Uh'A I 3k!A (I) 1Il P1SJk'A I DATE: January 8, 2018 TO: Curt Boganey, City Man') THROUGH: Michael Ericson, Interim Community Development Director FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Resolution Calling for a Public Hearing Regarding Proposed Use of 2018 Urban Hennepin County Community Development Block Grant Funds Recommendation: It is recommended that the City Council consider adoption of the Resolution Calling for a Public Hearing Regarding Proposed Use of 2018 Urban Hennepin County Community Development Block Grant Funds. Background: This agenda item provides for a Public Hearing for the City's annual Community Development Block Grant (CDBG) program. This Public Hearing is required for participation in the CDBG program. If this resolution is adopted, the Public Hearing will be scheduled for February 12, 2018. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. At the time of preparation of this memorandum, the final funding amount for 2018 had not been determined. Hennepin County provided an estimate of the 2018 CDBG allocation amounts for consideration. Therefore, the City of Brooklyn Center should use $236,300 as its preliminary estimate for its 2018 CDBG allocation. Hennepin County has made changes to how they fund public service agencies. Beginning with the 2018 program year CDBG funding for Public Service activities will be awarded through a single combined, competitive RFP covering all the cities in the county CDBG program. Fifteen percent of the overall county CDBG allocation will be set-aside for this purpose. This means that the direct allocation amount is 15% lower than it would have been in previous years. As a result, Brooklyn Center can't allocate any additional funds to public services activities Hennepin County has already allocated the maximum 15% allowed through the RFP process. All public service organizations must apply for funding through the combined RFP which will be released in January and due late February. Mission: Ensuring an attractive, clean, saft, inclusive conunun Fiy that enhances the quality of life for all people and preserves the public trust IEIIIMSI fl I M4 U'A I k'A 0) 1I Wk'41 PUBLIC HEARING AND HEARING NOTICE A resolution calling for a Public Hearing for the 2018 CDBG program is included with this memorandum. The required Public Hearing Notice has been prepared and includes an allocation for continued funding for the code enforcement initiative at $150,000 and the remainder of funding for the City's Housing Rehabilitation program. The resolution prepared for City Council consideration with this memorandum, establishes the date of February 12, 2018 as the Public Hearing date for the City's 2018 CDBG program. Hennepin County requires that specific dollar amounts be specified in the hearing notice and that the City's 2018 CDBG program be submitted to Hennepin County by February 23, 2018. The Public Hearing Notice does not commit the City to funding any specific CDBG activity at this time. Further, the CDBG activities and dollar amounts allocated to them can be revised at the Public Hearing on February 12, 2018, or at any time within the 2018 CDBG program year upon conducting a Public Hearing to amend the City's CDBG program. Additional background information regarding 2018 CDBG requests for funding will be submitted with Council packets for the February 12, 2018 Public Hearing. Budget Issues: Since the Federal fiscal year for CDBG operations from July 2018 to July 2019, part of the 2018 CDBG program is reflected in the 2018 Annual City Budget. The programming of the 2018 CDBG funds for neighborhood revitalization code enforcement is consistent with the City's 2018 approved budget. Strategic Priorities: o Safe, Secure, Stable Community Mission: Ensuring an attractive, clean soft, 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 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2018 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities that are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its preliminary estimated allocation for the 2018 Urban Hennepin County CDBG Program is $236,300; and WHEREAS, a Public Hearing regarding the proposed use of 2018 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1.A Public Hearing regarding the proposed use of 2018 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 12, 2018, at approximately 7 p.m, or as soon thereafter as the matter may be heard. 2.Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2018 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 12, 2018. 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. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2018 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a Public Hearing on February 12, 2018, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The Public Hearing is about the housing and community development needs and the City's proposed use of the estimated 2018 Urban Hennepin County Community Development Block Grant Program planning allocation of $236,300. The Public Hearing is being held pursuant to MS 471.59. The City of Brooklyn Center is proposing to undertake the following activities with 2018 Urban Hennepin County CDBG funds starting on or about July 1, 2018. Activity Budget Rehab of Private Property $86,300 Neighborhood Revitalization $150,000 For additional information about the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763-569-3300 or the Hennepin County Housing Department at 612-348-2205. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. City C©wdli Agenda llrn N0 6k COUNCI[L ifEM IMI ]EMRANID)UM DATE: January 08, 2018 TO: Curt Boganey, City Manjj - Q THROUGH: Michael Ericson, Interim Community Development Direct FROM: Jesse Anderson, Deputy Director of Building and Community Sta dards pq-- SUBJECT: Resolution Amending the Schedule for Inspection Fees for Certain Building, Mechanical, Plumbing, and Electrical Permits Reco rmn endation: It is recommended that the City Council consider adoption of the attached resolution amending the schedule for inspection fees for certain building, mechanical, plumbing, and electrical permits. Background: Periodically staff reviews the City fee schedule to determine if adjustments are appropriate. Depending on the type of fee, various factors may be considered when determining the fee. In some cases such as building permits, fees may not exceed the cost of services. Other factors to consider when setting fees include comparisons of fees in other jurisdictions, understandable and user-friendly, and impact on City goals. Based on recent review, staff is recommending adjustments to the fee schedule pertaining to building, mechanical, plumbing, and electrical permits. The fees were last adjusted in 2015. More information is provided regarding the recommended fee adjustments in the sections that follow. In addition to the attached Resolution for consideration, a marked up copy of the fee schedule is included as an attachment indicating specific changes. Electrical Permits The following adjustments are being proposed for the electrical permit fees: 1.Adding language to the fee schedule that includes the cost for solar panel electrical connection, to be consistent with the state electrical fees. 2.Adding a fee for townhomes. This is due to new electrical regulation that requires electrical permits for the electrical work done relating to new siding install. Our current fee schedule has a minimum fee of $40. It is recommended that the per unit fee for town homes be changed to $24 per unit when multiple units are being inspected. Fixed Fees for Standard Mechanical, Plumbing, and Building Fees The following are considerations when determining fixed fees for permits: 0 Fixed fees provide for a simpler permitting process. COUNCI{L 111KM MEMORANDUM • Contractors will be able to provide a more accurate estimate for customers. • Considers inspector time for conducting inspections rather than value of project. • Valuation provided to the city by contractors will be more accurate • Where owners are doing their own work it eliminates concerns about installation costs. • The current fees proposed are consistent with permit averages and therefore, should not affect the overall anticipated revenue from permits. • Provide consistency with other cities that are providing the same service. The following fixed fee adjustments are being proposed permit fees: Permit *Proposed Fixed Permit Fees Water Heater $60 Water Softener $60 Furnace, boiler, fireplace $60 Air Cond.$60 Gas Stove or Dryer $60 Plumbing Fixtures Base $60 up to 3 fixtures and $10 per fixture thereafter. Siding $150 Roof Replace $150 Egress Window(s)$100 for up to 2 and $150 for 3 or more. Window or door Replace $100 for up to 2 and $150 for 3 or more. Decks $200 Budget Issues: When comparing the overall changes, the anticipated affect in revenue would be minor. If calculating the 2017 permit counts with the new fixed fees, the revenue would have been increased by approximately $5,664. Strategic Priorities: Safe, Secure, Stable Community Attachments: Resolution Approving Permit Fee Adjustment Permit Fee Comparison Marked Fee Schedule Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RESOLUTION AMENDING THE SCHEDULE FOR PLANNING AND INSPECTION FEES FOR ELECTRICAL PERMITS WHEREAS, Chapters 3, 12, 15, 34, and 35 of the City Code of Ordinances requires the payment of fees for building permits, plumbing permits, mechanical system permits, sewer and water permits, fire suppression permits, sign permits, building maintenance and occupancy reinspections, Planning Commission applications, flood plain use permits and administrative land use permits; and WHEREAS, Chapters 3, 12, 15, 34, and 35 of the City Code of Ordinances further authorizes the setting of various fees by City Council resolution; and WHEREAS, City Council Resolution No. 86-123 (adopted 8/11/86), 89-224 (adopted 11/27/89), 90-33 (adopted 2/26/90), 95-174 (adopted 8/14/95), 98-228 (adopted 12/14/98), 99- 172 (adopted 11/8/99), 2005-65 (adopted 4/11/05), 2006-48 (adopted 4/10/06), 2008-11 (adopted 1/14/08) and 2015-128(adopted 8/24/15) together comprise a schedule of fees collected for service by Building and Community Standards; and WHEREAS, the City Council finds it appropriate to modify the fees contained in said resolutions and to amend the fee schedule related to electrical permits NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the fee schedule be amended as follows for the City of Brooklyn Center: Planning and Inspection Fee Schedule Minimum Fee for An Inspection $40 Per Trip Minimum Fee for An Inspection per unit with 3 or $24 per Unit Per Trip more connected units. (Townhomes, Condos, duplex) Maximum for Single Family Residential $175 (For 3 Inspections) (New or Remodel)Additional @ $40 Maximum for Commercial No Limit Multi-Family Units $70/Unit Swimming Pools $80 Per Trip Plus Circuits New Service Panel or Generators 0 to 300 AMP $50 Each Additional 100 AMP $14/Each Change out service in same location $100 Change our sub panel in same location $40.00 Each Circuit or Feeder 0-30 AMP $8/Each Each Circuit or Feeder 31 to 100 AMP $10/Each Each Additional 100 AMP Add $5 per 100 AMP Street Lights $4/Each Standard Traffic Signal $7/Each Transformer 0- 10 kilovolt-amperes $10 11-75 kilovolt-amperes $40 76 - 299 kilovolt-amperes $60 Over 299 kilovolt-amperes $150 Fire Alarm & Energy Management Device $10 first 10 openings Lighting Retrofit $0.65 per fixture Remote Control/Signal Circuits $0.75 per device Solar PV System Rating 0-5,000 watts $60 5,001 - 10,000 watts $100 10,001 - 20,000 watts $150 20,001 - 30,000 watts $200 30,001 —40,000 watts $250 40.001 and larger $250, and $25 for each additional 10,000 watts State Surcharge $1 I Refund issued only for Overpayment on Permits Exceed $100 Mechanical Systems Valuation $0 to $500 Valuation $501 to $50,000 Valuation Over $50,000 Mechanical Plan Review (only when submitted without a building permit) 2" and less diameter pipe 1-3 fixtures Additional openings 2" and over diameter pipe 1-3 fixtures Additional opening $25 $25 plus 2% of value of any amount in excess of $500 $1,012.50 plus 1% of value of any amount in excess of $50,000 65% of base permit fee $5.75 each $2.50 each $15 each $3.25 each Residential Boiler or Fireplace up to 4 units $60 Residential Gas Stove or Dryer up to 4 units $60 Building and Fire Protection Valuation $1 to $1,000 $49.50 Valuation $1,001 to $2,000 $49.50 for the first $1,000 plus $3.25 for each additional $100 or fraction thereof, to and including $2,000 Valuation $2,001 to $25,000 $82.00 for the first $2,000 plus $14.85 for each additional $1,000 or fraction thereof, to and including $25,000 Valuation $25,001 to $50,000 $423.55 for the first $25,000 plus $10.70 for each additional $1,000 or fraction thereof, to and including $50,000 Valuation $50,001 to $100,000 $691.05 for the first $50,000 plus $7.45 for each additional $1,000 or fraction thereof, to and including $100,000 Valuation $100,001 to $500,000 $1,063.55 for the first $100,000 plus $6 for each additional $1,000 or fraction thereof, to and including $500,000 Valuation $500,000 to $1,000,000 $3,463.55 for the first $500,000 plus $5.10 for each additional $1,000 or fraction thereof, to and including $1,000,000 Valuation $1,000,001 and up $6,013.55 for the first $1,000,000 plus $4 for each additional $1,000 or fraction thereof Plan Check Fee 65% of the amount of the permit fee Investigation Fee Same amount as Building Permit Residential Siding Replacement up to 4 unit $150 Residential Family Roof Replacement up to 4 units, not $150 including flat roofs. Egress Window $100 up to two windows, $150 for 3 or more Window or Door Replacement $100 up to two windows, $150 for 3 or more [Residential Deck up t.o4units $200 Plumbin Minimum Fee Repair or alteration of existing system New residential or commercial building Plumbing Plan Review (only when submitted without a building permit) $25$60 2% of estimated cost 2% of estimated cost 65% of base permit fee Residential Water Heater up to 4 units $60 Residential Water Softener up to 4 units $60 Residential Water Heater and Softener up to 4 units $60 Plumbing Fixtures $60 up to 3 fixtures. $10 for each additional. BE IT FURTHER RESOLVED that the above schedule of Planning and Inspection fees shall become effective on February 1, 2018. January 08, 2018 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. 4-,p 0 Ln ;t-' 12 00m Ln (OD E Ln tw I,- L C 0cO-- E-If)- 111 -1 Cro-1 ori-1 LI)in w cLflN I_ (a:3ía> C0 (0:3 (0> C0 (a:3 (0> 4-,(a:3 Ca> 0 4(a:3 (a> C0 ía:3(a> (a (a> C0 4-,(a:3 ía> C0 4-,(a:3 (a> 4-,(a (a> 0 4-,(a (a> C0 co 4-,(0:3 z C (.0 U)L1) N '.to- -to)- 0 '.0 I_fl 0(.0-If)-tO)-NRil COto)- 1<< Ln tr^ (I, (I) 0-I=, ía o (I, * 'I) - z(a (aU0N CL)N 0 —oN(a ía>> a)0 rn .C 000 CL o a)0a)ao 0 ía . 4-0 m 0 V)00 (0c -o N E -0)C)Lfl _N -0 .(11_C 2( 0C '-I -l0 - t/)-t1 - 0 I-0 C Cm00Ln0ai0)0 ía ía-N4-0 :3 :3 -©Ln00 -(a -ía r-1 k.0 >>tq N ía N rl C060)Lfl C b0C -I C U)N C 6 C IJI0).I.a) E -4P).ía N :3 0_ -' -I X a)-rn -If)- E ii (ID a))_m a)>-D If) (c 0 N Ln -i Lfl r1QH—C t.0tr)- cr N N00 (.0(.0 (.0 r-0 tr Lr:30LL 47 I 0J N un Ln 0)0)CN (.0 I_flm - o-x E V)a)aEIU u:3 E C + 4- C Ln coLfl (04f)- 1 > cr o0 —o&_oLf)w c' •,Co Co -00 r-o---1 -Co>CO>J)- Q)c LA 0_ 0 0 0 0 5 LflCoci C.--1 --CO —CD 00 >>5 r m LO o o z --vi 0 fu>cu> o0 CO CO m(N >> 0 0 mom C)Co CD dm >> E E :3 Exx •(f)-4.-0 V)-o -JE rnrca E v-E 0 WLflE onE -2-(/)--I E E 0 1/)U)Ia- (N (N -(I)-4/)-Lfl 0oLn0rflLn4/)-LO) Lfl ai Ln E 00 2 0 ,-)-.E - o Lfl a)Lr)E 00 4/)-rn1/)-0 rO E EtI)- .Lfl C)n-:--')DO U)E I-OOU..U f4 0 I)bO 0 1) (ID (ID4-) 0 0) 0) H1 N -1IW z Z Z 00 00 CO 00 m Lr,od en S0)L1)-Lfl Ninvi- 03 N Q N c:06 en 00 N Lfl Q v1- Nv-I N Nr-i Lfl v-I i 00 tf W Ita enco CLfl Ns-i loo -N N C0 72 CY)en 03 I oC' v-I N N C 0)LO)0CO in N N N Lfl NEoNNN Lns-i od .2-•1.L -(1)-N o .s-I Lfl 00 CO 0)>>L N ro v-i N r-Z en WQ N N NN N en If)If)-if)---If)- 0)N H Lf)v-i N 00 Lt)N NEoN 01 C> v-I N N-LD 00C0v-i s-I v-i s-I LL CO ti--u-,- enCO•N N -i C N v-ien s- INs-I Lf G)C o N -if)- 0 en0 00 5-N N 000)v-o -i Cy) s-1 en v-i en.0 1 -U)- H-.L 0) 41 aj N CO Lfls-I v-IN z 0 o v-I --If)-LI)•1!)- -N 03 en i-ClWCQ)00 - LO N LI)00 ro NoV) Nrj en Lfl en Nen N en Cq 00 0)en 0en LI)- Nen N s- 0en N en enen 0entn -.I-.N -0) Ln b3i-N 0) cj > N mcn LL 11)bb 0) rJ 0) C/D -d0) -d 0) -E C I)C Marked Fee Schedule Minimum Fee for An Inspection $40 Per Trip Minimum Fee for An Inspection per unit with 3 or $24 per Unit Per Trip more connected units. (Townhomes, Condos, duplex) Maximum for Single Family Residential $175 (For 3 Inspections) (New or Remodel) Additional @ $40 Maximum for Commercial No Limit Multi-Family Units $70/Unit Swimming Pools $80 Per Trip Plus Circuits New Service Panel or Generators 0 to 300 AMP $50 Each Additional 100 AMP $14/Each Change out service in same location $100 Change our sub panel in same location $40.00 Each Circuit or Feeder 0-30 AMP $8/Each Each Circuit or Feeder 31 to 100 AMP $10/Each Each Additional 100 AMP Add $5 per 100 AMP Street Lights $4/Each Standard Traffic Signal $7/Each Transformer 0- 10 kilovolt-amperes $10 11-75 kilovolt-amperes $40 76 - 299 kilovolt-amperes $60 Over 299 kilovolt-amperes $150 Fire Alarm & Energy Management Device $10 first 10 openings Lighting Retrofit $0.65 per fixture Remote Control/Signal Circuits $0.75 per device Solar PV System Rating 0-5,000 watts 5,001 - 10,000 watts $100 10,001 - 20,000 watts $150 20,001 - 30,000 watts $200 30,001 - 40,000 watts $250 40.001 and larger $250, and $25 for each additional 10,000 watts State Surcharge $1 Refund issued only for Overpayment on Permits that Exceed $100 Mechanical Systems Valuation $0 to $500 $25 Valuation $501 to $50,000 $25 plus 2% of value of any Marked Fee Schedule Valuation Over $50,000 Mechanical Plan Review (only when submitted without a building permit) 2" and less diameter pipe 1-3 fixtures Additional openings 2" and over diameter pipe 1-3 fixtures Additional opening amount in excess of $500 $1,012.50 plus 1% of value of any amount in excess of $50,000 65% of base permit fee $5.75 each $2.50 each $15 each $3.25 each Building and Fire Protection Valuation $1 to $1,000 $49.50 Valuation $1,001 to $2,000 $49.50 for the first $1,000 plus $3.25 for each additional $100 or fraction thereof, to and including $2,000 Valuation $2,001 to $25,000 $82.00 for the first $2,000 plus $14.85 for each additional $1,000 or fraction thereof, to and including $25,000 Valuation $25,001 to $50,000 $423.55 for the first $25,000 plus $10.70 for each additional $1,000 or fraction thereof, to and including $50,000 Valuation $50,001 to $100,000 $691.05 for the first $50,000 plus $7.45 for each additional $1,000 or fraction thereof, to and including $100,000 Valuation $100,001 to $500,000 $1,063.55 for the first $100,000 plus $6 for each additional $1,000 or fraction thereof, to and including $500,000 Valuation $500,000 to $1,000,000 $3,463.55 for the first $500,000 plus $5.10 for each additional $1,000 or fraction thereof, to and including $1,000,000 Valuation $1,000,001 and up $6,013.55 for the first $1,000,000 Marked Fee Schedule Window or Door Reolacement $100 up to two windows, $150 for 3 or more Plumbing Minimum Fee Repair or alteration of existing system New residential or commercial building Plumbing Plan Review (only when submitted without a building permit) Residential Water Softener up to 4 units Residential Water Heater and Softener u Plumbing Fixtures 2% of estimated cost 2% of estimated cost 65% of base permit fee $60 up to 3 fixtures. $10 for each Cfty CwIffl1©il Aiftdi I[thm N©0 6R COUNC]I]L if EM MEMORANDUM DATE: January 8, 2018 TO: Curt Boganey, City Manage - FROM: Giimy McIntosh, City Planner/Zoning Administratoi THROUGH: Michael Ericson, Interim Community Development SUBJECT: Resolution Approving an Amendment to the Encroachment Agreemnt for the Property Located at 5415 69th Avenue North (Maranatha Senior Housing) Recommendation: It is recommended that the City Council consider approval/adoption of a resolution recommending the amendment of an existing Encroachment Agreement for the Maranatha Senior Housing property located at 5415 69 t" North. Approval of this resolution would allow Maranatha to relocate an existing freestanding sign from its current location, which runs parallel to 69th Avenue North, and rotate it perpendicular to 69 Avenue North. Background: The original Encroachment Agreement was made on May 20, 2013, by Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc., both Minnesota nonprofit corporations, and the City of Brooklyn Center. Given the presence of a utility and drainage easement, which runs along the property's entrances off 69 t" North, Maranatha had requested that the City allow them to build and maintain a sign within the easement. The City of Brooklyn Center permitted Maranatha to construct said sign, contingent upon the signing of an Encroachment Agreement, and compliance with a series of conditions, as noted in the original Encroachment Agreement (attached as Exhibit A). As the sign was installed parallel to 69 " Avenue North, Maranatha has now requested that the sign be rotated, so as to face perpendicular to 69th Avenue North. This will allow for better visibility of the sign. This relocation requires that the Encroachment Agreement be amended to reflect the change and to ensure the sign's relocation will not have an impact on drainage. Additionally, as signage was not an identified request as part of the establishment of the Maranatha PUD (Planned Unit Development), the sign must comply with the provisions of Chapter 34 (Signs) of the City Code, and will require issuance of a permit pending approval of the amendment. This request was covered as a Discussion Item at the Planning Commission meeting on November 30, 2017 (Exhibit B). For your reference, copies of the draft amendment to the Encroachment Agreement and City Council Resolution have also been included (Exhibits C, D). Budget Issues: There are no budget issues to consider. Strategic Priorities: o Enhanced Community Image Mission: Ensuring, an attractive, clean, safe, inclusive con,n,uIiitV that enhances the qua/ii' of life for allpeople and preserves the public (ills! i1flML1 Doc No A10034218 Certified, filed and/or recorded on Dec 4, 2013 3:23 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1060520C Ill I'4t1ii Document Recording Fee $46.00 Attested Copy or Duplicate $2.00 Original Aocument Total $48.00 This cover sheet is now a permanent part of the recorded document. THIS AGREEMENT is made as of May Lo , 2013 by Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc., both Minnesota nonprofit corporations, as tenants-in-common (together the "OWNER") and City of Brooklyn Center, a Minnesota municipal corporation ("CITY"). Recitals A.Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc., are the owners of the real property located at 5415 69th Avenue North, in the City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described as follows (the "PROPERTY"): Lot 1, Block 1, MARANATHA 2ND ADDITION, according to the recorded plat thereof B.The PROPERTY is encumbered by a utility and drainage easement in favor of the CITY, as dedicated in the plat of M.ARANATHA 2ND ADDITION, the location of which is depicted in the attached Exhibit A (the "EASEMENT"). The existing EASEMENT is located along the north lot line for the PROPERTY, as dedicated in the plat of MARANATHA 2ND ADDITION. C.OWNER has requested that CITY allow OWNER to build and maintain a sign and appurtenances (the "ENCROACHMENT") at the location shown on Exhibit B, and allow the sign to encroach in, on, over, acros, and through a portion of an existing public EASEMENT. The ENCROACHMENT is proposed to encroach in, on, over, across and through that portion of the EASEMENT area as depicted in Exhibit B. D.The parties desire to enter into this AGREEMENT with respect to the ENCROACHMENT. 130717 BCPW.Ver2 Agreement and Terms E. The CITY hereby permits the OWNER to construct the ENCROACHMENT within the EASEMENT area on the PROPERTY, contingent upon the OWNER'S agreement to the following conditions, and OWNER agrees to and accepts said conditions: Incorporation of Recitals. The recitals set forth above are incorporated herein and made a part of this AGREEMENT. 2. Binding Agreement. a.The ENCROACHMENT must be constructed and installed in a good workman like manner in substantial conformance with the plans on file in the CITY'S Business and Development Department, and as shown in Exhibit "B," and the ENCROACHMENT must not adversely affect drainage or utility services. b.OWNER and its heirs, successors and/or assigns in interest shall maintain the permitted ENCROACHMENT at all times in a decent, safe and sanitary condition in accordance with general prevailing standards of maintenance, and pay all cost and expenses incurred in doing so. However, nothing herein shall be construed to require OWNER to maintain, replace or repair any CITY owned facility such as pipeline, conduit, or cable located in or under said ENCROACHMENT, except as otherwise provided herein. c.The CITY or any utility company having authority to use the EASEMENT shall not be liable for repair or replacement of ENCROACHMENT in the event that the ENCROACHMENT is moved, damaged, or destroyed by virtue of the lawful use of the EASEMENT. OWNER is responsible for any costs associated with the removal of ENCROACHMENT into or upon the EASEMENT. d.If CITY or other public facilities or improvements are damaged by the installation or presence of the permitted ENCROACHMENT, as determined in the sole opinion of the CITY Engineer, OWNER shall be responsible for the cost of repair. e.If any part of the ENCROACHMENT actually built or installed during construction varies from the permitted ENCROACHMENT approved herein, such changes or variations must be approved in advance by the CITY and must be shown on as-built plans. f.Any construction performed prior to the CITY'S final approval is at the OWNER'S risk and may be subject to removal, fines and penalties. 4. Continuing Use of ENCROACHMENTS. The OWNER of the PROPERTY may continue to use and maintain the ENCROACHMENTS subject to the terms of this AGREEMENT. Whatever rights were acquired by CITY with respect to the EASEMENT shall remain and continue in full force and effect and in no way be affected by CITY'S grant of permission contained in this AGREEMENT. 130717 BCPWVer2 5. Reimbursement of CITY'S Costs. a.Whenever it is deemed by the CITY Engineer that a public improvement cannot be economically placed, replaced, or maintained due to the presence of the ENCROACHMENT, OWNER agrees to provide an alternative right-of-way and/or relocate the public improvement subject to the approval of the CITY, all at no cost or expense to the CITY. If the CITY Engineer determines, in the reasonable exercise of Engineer's discretion: (i) that removal of the ENCROACHMENT is in the public interest in order to accommodate any public use of the EASEMENT, and (ii) that the alternatives to removing the ENCROACHMENT are physically infeasible or would be significantly more costly than the cost of removing the ENCROACHMENT, the CITY Engineer shall notify the OWNER in writing of the CITY'S determination and of the date by which the CITY requires the ENCROACHMENT to be removed. OWNER agrees to remove the ENCROACHMENT from the EASEMENT area at the OWNER'S sole cost and expense. If OWNER fails to remove the ENCROACHMENT by the date specified in the CITY'S notice, the CITY shall have the right (but not the obligation) to enter the PROPERTY and remove the ENCROACHMENT. Prior to any entry under this paragraph, the CITY must declare the ENCROACHMENT to be a nuisance and follow the nuisance abatement procedures under the CITY code. b.Throughout the duration of this AGREEMENT, OWNER covenants and agrees to reimburse the CITY for the CITY'S costs of repairing, replacing or relocating the ENCROACHMENT, within 30 days of the CITY'S written demand. If the OWNER defaults in such payment to the CITY, the CITY may, at its option, assess the costs against the PROPERTY, and certify said assessment to the Hennepin County and collect the same in single or multiple payments as in the case of special assessments for public improvements. The OWNER, for itself, its heirs, successors and assigns, hereby waives the right to a hearing and notice of hearing. The OWNER also waives the right to appeal the amount of any such assessment, provided that the total cost does not exceed Five Thousand Dollars ($5,000.00). The right to specially assess its costs to the PROPERTY is not the exclusive means for the CITY to recover the costs incurred, and the CITY reserves all remedies available at law or in equity for OWNER'S failure to reimburse costs as required by this paragraph. Nothing in this paragraph is intended to obligate the CITY to relocate the ENCROACHMENT, but the CITY may in its sole discretion relocate the ENCROACHMENT if it determines the relocation to be in the public interest. 7.Hold Harmless: Indemnification. OWNER, for itself, its heirs, successors and assigns, agrees to indemnify, defend, protect, and hold harmless the CITY, its officers, employees, and agents, against any and all claims, liabilities, demands, actions, proceedings, losses, liens, costs, attorney and expert fees, judgments, civil fines, and penalties of any nature arising from or in connection with or related to the ENCROACHMENT, including but not limited to damages resulting from the construction, maintenance, state of use, repair or presence of the ENCROACHMENT. 8.Termination. This AGREEMENT shall terminate and be of no further force and effect only in the event that the ENCROACHMENT is completely removed, destroyed or demolished. 130717 BCPW-Ver2 Upon termination of this AGREEMENT, CITY shall, upon receipt of a request from OWNER, execute and deliver to OWNER in recordable form an instrument acknowledging termination of this AGREEMENT. Notices. All notices dr other communications provided for herein shall be in writing and shall be deemed validly given when (a) delivered personally; (b) sent by certified or registered mail, postage prepaid; or (c) sent by reputable overnight delivery service, to the addressee at the addressee's address most recently supplied by the addressee to the sender by effective notice hereunder (or, prior to any such notice, at the address for the addressee set forth below). Unless otherwise provide, written notices are deemed to be effective when received. a.If to CITY: City of City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 b.If to OWNER: Maranatha Conservative Baptist Home, Inc and Center Park Senior Apartments, Inc. do Senior Housing Partners 2845 Hamline Avenue North Roseville, MN 55113 Attn: John Mehrkens / Deb Zarbok This AGREEMENT and all the obligations contained therein shall constitute covenants running with the land and shall be binding on and for the benefit of OWNER, its transferees, successors and assigns, and any other present or future interest holders or estate holders of any portion or all of the PROPERTY. This AGREEMENT shall run with the land and shall be recorded against the title of this PROPERTY at the OWNER'S expense. All owners of the PROPERTY are jointly and severally responsible for all obligations imposed by the AGREEMENT. IN WITNESS of the foregoing, the undersigned have executed this AGREEMENT as of the date and year written above. [Remainder of this page left blank intentionally] 130717 BCPWVer2 4 Signature Page for OWNER HOME, INC. By Mark Meyer Its: Chief Financial Officer STATE OF MINNESTOA ) ) ss COUNTY OF ) The foregoing instrument was executed this 46 4day of_____________________ 2013 , by Mark Meyer, the Chief Financial Officer of Maranatha Conservaike Baptist Home, Inc. a Minnesota Nonprofit Corporation, on behalf of the corporation. VALERIANtTNotary Public -Minnesota My Commsslon Expires Jan 31, 2015 ^ a, ^ K11i ^^ 0 , -';^ Notary Public CENTERPARK SE NIOR APARTM ENTS, By: Mark Meyer (j_ Its: Chief Financial Officer STATE OF MINNESOTA ) COUNTY OF________ ) The foregoing instrument was executed this day of _, 2013 , by Mark Meyer, the Chief Financial Officer of Center Park Senior Apkments, Inc. a Minnesota Nonprofit Corporation, on behalf of the corporation. VALERI E JANALTt Notary Public-Minnesota My Commission E x pires Jan 1 , 2015 Notary Public 130717 BCPW-Ver2 5 Signature Page for CITY [IiD'LS] l (SEAL) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me thisday of 41be' 2013, by Tim Willson, Mayor, and by Cornelius L. Boganey, City Manager, of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. - JULIE tSON Notary Public-Minnesota My Commission Expires Jan 31, 2014 WWWAWvVWYWAW THIS DOCUMENT DRAFTED BY: Public Works Department City of Brooklyn Center, MN 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 AN. 091 130717 BCPW-Ver2 6 EXHIBIT A (Sketch Depicting Location of Existing Easement) 6r911 jj - ligh - I M bL 5 (I)•j' : II;c • -J d ,ihVf? ; I mII 2Os1' •°/V -710 I - ! Zlz 4w- tc( C)- C C) M t ; II II!U 01! ! !J I-; C)r.Z C)Lt3 gig aj 2E ill.dill!llii i b1L p 1i ftLI h2 t I1i1i 11elii1 fl 1 1I Iit ,'asIi.1,1 (Sketch Depicting Location of Sign and Encroachment) ITH AVENUE NORTH SITE PLAN [IT1 11 =300" NORTH $!li'l,ti;i To: Members of the Planning Commission From: Gary Eitel, Director of Business & Development Date: November 30, 2017 Subject: Revisions to the Maranatha Senior Housing freestanding sign along 69th Ave. N. Background Information: On June 25, 2012, the City Council adopted Resolution No. 2012-90, RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-003' SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST HOME, INC., FOR APPROVAL OF THE DEVELOPMENT/SITE AND BUILDING PLAN IN RELATION TO THE NEW PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED AT 5401-5415 69TH AVENUE NORTH. This PUD Application comprehended the rezoning of the Subject Site from RI (One Family Residence) and R6 (Multiple Family Residence) to a new PUD-MIXED R5/ R6 (Planned Unit Development-Mixed Multiple Family Residence) district, and includes a development/ site and building plan consisting of a new three- story, 97 bed skilled nursing care facility and a future 3 8- unit senior independent living apartment facility. Condition No. 9 of the approving resolution included the following standard condition relating to project signage: - Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. On June 27, 2016, the City Council adopted Resolution No. 2016-97 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2016-003 SUBMITTED BY SENIOR HOUSING PARTNERS REQUESTING SITE AND BUILDING PLAN APPROVAL OF A 34-UNIT SENIOR INDEPENDENT LIVING APARTMENT FACILITY ON THE MARANATHA SENIOR LIVING COMMUNITY CAMPUS, LOCATED AT 5401 - 69TH AVENUE NORTH Condition No. 11 of the approving resolution included the following standard condition relating to project signage: - Plan approval is exclusive of all final signs on this site, including any new freestanding, wall (building) signs and directional signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to separate sign permit submittals and approval. Sign Ordinance: C. Residential (RI through R7) Districts a. One freestanding sign no greater than 36 sf. in area and extending no more than 10 feet above the ground level. Section 34-140 Permitted Signs Para. e No part of any sign shall project over or beyond the property line of the property upon which the sign is located. Para. f. Unless set back ten (10) or more feet from the street right-of-way line, the supporting column of a freestanding sign exceeding 16 feet in area shall not materially impede vision between a height of two and one half feet and seven and one half feet above the centerline grade of the street. Attachment Freestanding sings located within the sight triangle defined in Section 35- 560 shall have a minimum vertical clearance of 10 feet above the centerline grade of the intersecting streets. (corner lot - a straight line joining points 25 feet from the intersection of the property lines). \ I\_..1_ - Elevation at Centerline of Ave. 863.4 Ground elevation at sign 860 Top cap of the monument sign 9'2" with a 8'2" sign cabinet. Distance from interior curb to Center line of road 60' Right of way expanded from 33 feet to 40 feet as part of (Marantha 2nd Addition) 5GP4;9fl -7 9TH AVENUF NORTH/- LLz2 __ /--b/ TTh- -7 I ci b N 'ö Ir N 0 0 N- New Proposed Sign (as of December 2017) 2 rfl t't 41 z T (1) 2 —1 z (0 (0 (02 C) Q 0 00 0 >< U) =1 fD RE El CL H M LIH rL H ( i 0 CO n CD Cr w U) M 202 C(0(_) -01 n C) rr -n C) C)I C)W -1½Do c0I.__ - — j:2fl1O I0(= -Dm :2 m M fl 0 F3 U) :2 U) C) CO I -- (W TI 73 ^OmI >cnI C) (.01C) Exhibit C SUM1I This first amendment ("Amendment") is to the encroachment agreement entered into by and among Maranatha Conservation Baptist Home, Inc., Center Park Senior Apartments, Inc., (collectively, the "Owners") and the City of Brooklyn Center ("City") that is dated May 20, 2013 and was recorded in the Office of the Hennepin County Recorder on December 4, 2013 as Document Number: Al 0034218 ("Encroachment Agreement"). A.The Owners are the owners of the following legally described property located at 5415 69th Avenue North in the City: Lot 1, Block 1, MARANATHA 2 ND ADDITION, according to the recorded plat thereof; B.The Encroachment Agreement allows the Owners to place a monument sign within a portion of the drainage easement dedicated to the City as part of the plat; C.The monument sign was placed in accordance with the site plan attached as an exhibit to the Encroachment Agreement, but the Owners now desire to reorient the monument sign within the existing encroachment area so that it is perpendicular to the drainage easement; D.This Amendment is intended to allow the monument sign to be redesigned and reoriented within the encroachment area established in the Encroachment Agreement as shown in the site plant attached hereto as Exhibit A. AGREEMENT For good and valuable consideration, the receipt and sufficient of which is hereby acknowledged, the parties to this Amendment hereby agree as follows: 1. New Site Plan. The Encroachment Agreement is hereby amended to allow the Owners to replace the existing monument sign, which constitutes the original encroachment, with a new monument sign that is designed and located within the drainage easement area in accordance with site plan attached hereto as Exhibit A. 2. No Other Amendments. This Amendment has the effect of replacing the site plan attached to the Encroachment Agreement as Exhibit B with the site plan attached to this Amendment as Exhibit A. No other modifications to the Encroachment Agreement are intended by this Amendment and the terms and conditions of the Encroachment Agreement shall continue in effect. [signature pages follow] Signature Page for OWNERS MARANATHA CONSERVATIVE BAPTIST HOME, INC. By: Its: STATE OFMINNESOTA ) ) ss. COUNTY OF The foregoing instrument was executed this day of , 2018, by the of Maranatha Conservative Baptist Home, Inc. a Minnesota Nonprofit Corporation, on behalf of the corporation. Notary Public CENTER PARK SENIOR APARTMENTS, INC. By: Its: STATE OF MINNESOTA ) ) COUNTY OF The foregoing instrument was executed this day of , 2018, by the of Center Park Senior Apartments, Inc. a Minnesota Nonprofit Corporation, on behalf of the corporation. Notary Public Signature Page for CITY [Iii '&IJI :i tiii] wiii h1 V I By: Tim Willson, Mayor And: Cornelius L. Boganey, City Manager STATE OFM1NNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2018, by Tim Willson, Mayor, and by Cornelius L. Boganey, City Manager, of the City of Brooklyn Center, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered (TJG) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 EXHIBIT A Site Plan (attached hereto) Ii i11UD Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2018- RESOLUTION APPROVING AN AMENDMENT TO THE ENCROACHMENT AGREEMENT FOR THE PROPERTY LOCATED AT 5415 69TH AVENUE NORTH WHEREAS, Maranatha Conservative Baptist Home, Inc. and Center Park Senior Apartments, Inc. (collectively, the "Owners") entered into an encroachment agreement ("Encroachment Agreement") with the City of Brooklyn Center dated May 20, 2013 that allowed the Owners to place a monument sign for their property located at 5415 Avenue North in a drainage easement dedicated to the City in the as part of the plat of Maranatha 2 n Addition; and WHEREAS, the monument sign was placed parallel to the street as indicated in the Encroachment Agreement, but now the Owners desire to place a new monument sign in the encroachment area that is perpendicular to the street to make it easier to read by those traveling along the street; and WHEREAS, the Encroachment Agreement must be amended in order to allow the Owners to place the new monument sign as proposed; and WHEREAS, the site plan for the proposed new monument sign is attached hereto as Exhibit A ("Site Plan"), and the proposed amendment to the Encroachment Agreement is attached hereto as Exhibit B ("Amendment"); and WHEREAS, the City Council determines the placement of the new monument sign as indicated on the Site Plan will not expand the area of encroachment and will not interfere with the purpose of the drainage easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The City hereby approves the Amendment to the Encroachment Agreement attached hereto as Exhibit B to allow the Owners to place a new sign within the City's drainage easement as shown on the Site Plan attached hereto as Exhibit A; and 2. The Mayor and the City Manager are authorized and directed to sign the Amendment once it is final form and to take such other actions as may be needed to carry out the intent of this Resolution. January 22, 2018 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. CIy Coll Agendn Hem N©0 6m ii1i1IJ[iJ I N MkTA U'A I WA 0] t1'II PlIk'A I DATE: January 2, 2018 TO: Curt Boganey, City Mana THROUGH: c-M. Cote, P.E., Public Works Director FROM: Mike Albers, Acting City Engineer SUBJECT: Resolution Establishing Parking Restrictions for Segments on Brooklyn Boulevard from 49th Avenue to the North City Limit Recommendation: It is recommended that the City Council approve the resolution establishing no-parking restrictions along both sides of the street on Brooklyn Boulevard (County State Aid Highway 152) from 49th Avenue to the North City Limits, in accordance with Municipal State Aid (MSA) requirements. Background: Street improvements are currently being considered for Brooklyn Boulevard between 49th Avenue and 59th Avenue in 2018 and between 59th Avenue and Interstate 94 in 2021. Brooklyn Boulevard is designated as a County State Aid Highway (CSAH) route and federal funding obtained jointly with Hennepin County will be used for these projects. The MSA approval process includes certain standards for street widths and on-street parking that must be followed as prescribed in Minnesota Rule 8820.9936. The existing street width varies along Brooklyn Boulevard. In general, Brooklyn Boulevard is approximately 76-feet wide, which allows for four travel lanes and turn lanes along Brooklyn Boulevard. The proposed street widths along Brooklyn Boulevard will not be sufficient to allow on-street parking in addition to the four travel lanes based on MSA design standards. Parking along Brooklyn Boulevard is currently prohibited. The proposed resolution would officially establish a No-Parking zone along Brooklyn Boulevard from 49th Avenue to the North City Limits. This action is required as a condition of plan approval from the Minnesota Department of Transportation. Budget Issues: Installation of new No-Parking signs is included in the project cost for the street improvement projects. Hennepin County currently maintains the existing No-Parking signs on Brooklyn Boulevard and routine replacement will remain Hennepin County's responsibility. No additional budget issues are involved with officially adopting the current parking restrictions. Strategic Priorities: Key Transportation Investments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON BROOKLYN BOULVARD FROM 49TH AVENUE TO THE NORTH CITY LIMIT WHEREAS, the City of Brooklyn Center and Henneiin County have planned the improvement of Brooklyn Boulevard between 49t1i Avenue and 59 Avenue within the City of Brooklyn Center, Minnesota in 2018; and WHEREAS, the City of Brooklyn Center and Hennepin County have planned the improvement of Brooklyn Boulevard between 59th Avenue and Interstate 94 within the City of Brooklyn Center, Minnesota in 2021; and WHEREAS, Hennepin County will be expending County State Aid Funds on the improvements of said streets; and WHEREAS, the proposed street improvements do not provide adequate width for parking on both sides of the street on Brooklyn Boulevard from 49th Avenue to the North City Limits; and WHEREAS, approval of the planned construction improvements as a County State Aid Highway project must therefore be conditioned upon certain parking restrictions to meet the minimum roadway design standards in accordance with Minnesota Rule 8820.9936. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles at all times on the following street segments: Both sides of Brooklyn Boulevard from 49th Avenue to the North City Limits January 8, 2018 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. Oty C©u©ll A Hem No. 6Fm [i1IJ[iI I fl M I Gk L'A I [I] t1iI SJYA I DATE: January 2, 2018 TO: Curt Boganey, City Manag THROUGH: Mike Albers, Acting City Engineer P14- FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 2018-07, 2018 Pond Maintenance Recommendation: It is recommended that the City Council approve the lowest responsible bid and award a contract to New Look Contracting, Inc. for Improvement Project No. 2018-07, 2018 Pond Maintenance. Background: The 2018 Capital Improvement Plans included storm water pond projects to perform sediment removal and pond rehabilitation (see attached map for locations). Bids for the 2018 Pond Maintenance project were received and opened on December 21, 2017. The project bid included the standard base bid for work associated with ponds 41-001, 43-001, 60-002 and 60-004 and an alternative bid relative to work associated with sediment removal and reestablishing the clay liner at pond 64-002. The bidding results are tabulated below: BIDDER New Look Contracting, Inc. Veit & Company, Inc. Peterson Companies, Inc. Meyer Contracting, Inc. Sunrarn Construction Frattalone Companies, Inc. TOTAL BASE BID $189,276.50 $180,528.55 $222,732.77 $253,743.10 $234,763.00 $257,694.78 TOTAL ALTERNATE BID $237,601.00 $245,342.80 $296,033.95 $307,935.16 $315,827.00 $352,248.71 Of the six (6) bids, the lowest base bid of 180,528.55 was submitted by Veit & Company, Inc. and the lowest base bid plus the alternate bid of $237,601.00 was submitted by New Look Contracting, Inc. It is staff's recommendation to proceed with an award of the project based on the total base bid plus alternate bid that was submitted by New Look Contracting, Inc. of Rogers, Minnesota due to the cost saving of completing the sediment removal and reestablishing the clay liner for pond 64- 002 in 2018 versus rebid the work in a future year. New Look Contracting, Inc. has the experience, equipment and capacity to qualify as the lowest responsible bidder for the project. Budget Issues: The bid amount of $237,601.00 exceeds the 2018 Capital Improvement Program (CIP) budgeted amount for this work. The total estimated budget including contingencies, administration, engineering and legal was $270,000 and is amended to $292,601, an approximate 8.4 percent increase to the originally budgeted amount (see attached Resolution - Costs and Revenues Mission: Ensuring an attractive, clean, safe, inclusive cotn/nuizitj' that enhances the quality of life for all people and preserves the public trust iI[I1IJ[iI I fl V 01'4 L'A I *L!A (I) 1WI II Ii 'A I tables). The 8.4 percent increase was a result of adding sediment removal and reestablishing the clay liner for pond 64-002. Funding for this project is under the Storm Drainage Utility Fund which has adequate funding to absorb the additional cost. Strategic Priorities: Enhanced Community Image Mission: Ensuring an attractive, clean, safe, inclusive coJnnuulitV that enhances the qualit)' of life for all people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2018-07 5 2018 POND MAINTENANCE WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2018-07, bids were received, opened and tabulated by the City Clerk and Acting City Engineer on the 21th day of December, 2017. Said bids were as follows: BIDDER New Look Contracting, Inc. Veit & Company, Inc. Peterson Companies, Inc. Meyer Contracting, Inc. Sunram Construction Frattalone Companies, Inc. TOTAL BASE BID $189,276.50 $180,528.55 $222,732.77 $253,743.10 $234,763.00 $257,694.78 TOTAL ALTERNATE BID $237,601.00 $245,342.80 $296,033.95 $307,935.16 $315,827.00 $352,248.71 WHEREAS, the Acting City Engineer recommends that the contract be awarded based on the total alternate bid; and WHEREAS, it appears that New Look Contracting, Inc. of Rogers, Minnesota is the lowest responsible bidder, based on the total alternate bid amounts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that The Mayor and City Manager are hereby authorized and directed to enter into a contract with New Look Contracting, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2018-07, according to the plans and specifications therefore approved by the City Council and on file in the office of the Acting City Engineer. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Construction Cost $ 215,000.00 $ 237,601.00 Engineering and Administrative $ 50,000.00 $ 50,000.00 Contingency $ 5,000.00 $ 5,000.00 TOTAL $ 270,000.00 $ 292,601.00 Amended REVENUES Estimated per Low Bid Storm Drainage Utility Fund $ 270,000.00 $ 292,601.00 RESOLUTION NO. January 8, 2018 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. 1 '^ 7L1'-z8 N&VOV11-6 tx ///,I LiL G rSeThGtE CRE\ ly AVE I I Pond 64-002 LD ;[Hni if 0 c . Legend Other Storm Water Ponds Pond Dredging Locations im Public Works - Engineering Pond Survey Locations December 26, 2017 0 700 1,400 2 ,800 FeetI III I I ¶ Cfty C©iimni©lili AgeIrlldI iIthm N©0 6o [EI1IJh[i1 I fl MI k'AL"A I DWA [II 1I P1IbYi DATE: January 2, 2018 TO: Curt Boganey, City Mana THROUGH:fl-M. Cote, PB., Public Works Director FROM: Michael Weber, Public Utilities Supervisor SUBJECT: Resolution Authorizing Execution of Site Lease Agreement with Verizon Wireless LLC on Water Tower No. 2 Recommendation: It is recommended that the City Council consider approval of a resolution authorizing execution of a site lease agreement with Verizon Wireless (VAW) LLC dibla Verizon Wireless on Water Tower No. 2 Background: Verizon Wireless has submitted an application to the City to place wireless antennas on Water Tower No. 2 (1000 69th Avenue N). The application was submitted along with the required application fee and the attached site lease agreement has been reviewed by the City Attorney. City staff is currently finalizing review of the tenant's construction plans and Verizon Wireless will be issued a building permit once staff approves the construction plans. Antenna installation will not take place until after Water Tower No. 2 has been painted this summer. Budget Issues: The Water Utility Fund will receive an annual fee in accordance with the site lease agreement amounting to $52,022.06, as established for 2018. The payment will be prorated for the first year then annually increased by a minimum of three percent for twenty years represented by one five- year lease period with three five-year renewals. Strategic Priorities: Key Infrastructure Investments Iission: Ensuring an attructiec, clean, sofa, incitisire consnninhtj that en/lances the quality q/ life for all people ant/preserves the public (rust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF SITE LEASE AGREEMENT WITH VERIZON WIRELESS LLC ON WATER TOWER NO.2 WHEREAS, Verizon Wireless (VAW) LLC dlbla Verizon Wireless has submitted to the City of Brooklyn Center a request to lease space on Water Tower No. 2, along with the required application fee; and WHEREAS, as compensation for the use of City facilities, Verizon Wireless agrees to pay an annual lease payment of $52,022.06 (2018 rate). The payment will be prorated for the first year then annually increased by a minimum of three percent for twenty years represented by one five-year lease period with three five-year renewals; and WHEREAS, the City and Verizon Wireless have negotiated a lease agreement that is consistent with the City's Policy Regarding the Use of City Water Towers for Personal Wireless Services Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: The lease agreement between Verizon Wireless and the City for the placement of antennas on Water Tower No. 2 is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease will be deposited into the Water Utility Fund. January 8, 2018 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. Public Works Department City of Engineering Division BROOKLYN Phone: 763-569-3340CENTER publicworks@ci.brooklyn-center.mn.us iUt3U rn iwe i MDIVAIDIl Agreement Date: Inithe City t,Iftti lJR4viiTzv Verizon Wireless City of Brooklyn Center Water Tower No. 2, 1000 69 th Avenue North Brooklyn Center, MN 55430 6301 Shingle Creek Pk Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 An Affirmative Action /Equal Opportunities Employer TABLE OF CONTENTS 1.Leased Premises 2.Rent (a)Amount, Adjustments (b)Time of Payment, Taxes 3 Governmental Approval Contingency (a)Tenant Application (b)Interference Study (c) Non-approval 4.Term and Renewals 5.Tenant's Use. (a)User Priority (b)Purposes (c)Construction (d)Operation (e)Maintenance, Improvement Expenses (f)Replacements (g)Drawings (h)No Interference (i) Access (,j) Payment of Utilities 6.Emergency Facilities. 7.Additional maintenance Expenses 8. Defense and Indemnification (a)General (b)Hazardous Materials (c) Tenant's Warranty 9. Insurance (a)Workers' Compensation (b)General Liability. (c)Automobile Liability (d)Tenant Property Insurance (e) Hazardous Materials Coverage (1) Adjustment to Insurance Coverage Limits (g) Additional Insured - Certificate of Insurance 10.Damage or Destruction 11.Lease Termination (a)Events of Termination (b)Notice of Termination (c)Tenant's Liability for Early Termination (d)Site Restoration 12.Limitation of Landlord's Liab[U1y 13.Temporary Interruptions of Service 14. Tenant Interference (a)With Structure (b)With Higher Priority Users (c)Interference Study - New Occupants (d)Interference - New Occupants 15. Assignment 16.Condemnation 17.Disputes 18.Enforcement and Attorneys' Fees 19.Notices 20.Authority 21.Binding Effect 22.Complete Lease; Amendments 23.Governing Law 24. Severability 25.Memorandum 26.Waiver of Landlord's Lien 27.Warranty of Title and Quiet Enjoyment Lease Agreement City of Brooklyn Center SITE IN A THIS SITE LEASE AGREEMENT ("Lease"), made this - day of 2018, Between City of Brooklyn Center, a Minnesota Municipal Corporation ("Landlord"), and Verizon Wireless (VAW) LLC dlbla Verizon Wireless, a Delaware limited liability company ('Tenant'). For good and valuable consideration, the parties agree as follows: 1.Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property ("Property"), located at 1000 69 Avenue North, City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements and a portion of the water tower located upon the Property ("Structure"), as more particularly shown in Exhibit B attached hereto, on which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's City Engineer, together with appurtenant easements and access rights ("Leased Premises"). 2.Rent. (a)Amount, Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of Fifty Two-Thousand Twenty-Two dollars and Six cents ($52,022.06) for the initial year, which shall be increased each year effective January 1, 2019 by three percent (3 1/o) of the previous year's annualized rental. (b)Time of Payment Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to Landlord in full at the time Lease is executed. The first year rental shall commence and begin to accrue thirty (30) days following written notification by the Landlord to Tenant that the Landlord's water tower painting project has been completed, and that the Tenant may proceed with the installation of the Tennant Facilities, pursuant to the terms of the Lease. If the Tenant does not meet the requirements referenced in Subparagraph 3(a) below within thirty (30) days of final execution of this Lease, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. Landlord agrees to notify Tenant of any taxes or other charges imposed upon the property by a governmental agency. In addition to the annual rental, Tenant agrees to timely pay its pro rata share of any taxes or other charges imposed upon the property by a governmental agency required as a result of this Lease and all other payments required herein. MIL-13420170-2 821121/119 City ofBrooklyn Center Lease Agreement 3. Governmental Approval Contingency. (a)Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering studies specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals. (b)Engineering Studies. Before obtaining a building permit, Tenant must submit a study or studies that shall address, but not be limited to the following: (i) a radio frequency interference study carried out by an independent and qualified professional approved by the Landlord showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the presence of the Tenant's Facilities, as defined in Subparagraph 5 (b), will not prejudice the use of the Structure, inhibit the Landlord's operation and maintenance of the facility and its appurtenances, inhibit access, nor damage the Structure, its coatings, or its appurtenant facilities. If Landlord concludes after review of the study that there is a potential for interference that cannot be reasonably remedied, or for prejudice to the Structure or its use, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. The Landlord, at the sole discretion of the Landlord, may hire an independent consultant to review the engineering study or studies, as defined in Subparagraph 5 (b),construction drawings and plans for structural and practical considerations, and to inspect and monitor all construction and installation work for quality assurance and quality control. The Tenant must pay all associated costs of such independent consultants prior to obtaining a building permit. (c) Non-approval. In the event that any application necessary under Subparagraph 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed pro rata based on the effective date of the termination, for the annual rental payment if made pursuant to Subparagraph 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt, and receipt by the Landlord of the performance bond, irrevocable letter of credit, or other security required by paragraph 11(d). Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other except for obligations for payments of money incurred prior to the effective date of termination and except for any other obligations which, by the terms of this lease, are to survive termination. City of Brooklyn Center Lease Agreement 4.Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ("Effective Date",) and end on December 31 of the fifth calendar year of the Lease including any first partial year. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non-renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Paragraph 19 of this Lease. 5.Tenants Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1.Landlord; 2.Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3.Other governmental agencies where use is not related to public safety; and 4.Tenant and other Government-regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant's use of the Leased Premises shall at all times be in compliance with those construction drawings attached hereto as Exhibit C, the approval of which is hereby acknowledged. Following the date of this Lease, but prior to the payment of rent, Tenant shall be permitted to install the welding, brackets and antenna mounts on the Structure as depicted in Exhibit C and as approved by the Landlord. Tenant's use of the Structure shall be non-exclusive, and Landlord specifically reserves the right to allow the Structure to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Property. Tenant's communication antenna facility shall consist of antennas centered at 135.0 FAGL (feet above ground level), along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Tenant Facilities") attached hereto as Exhibit C. As used in this agreement, the terms "accessory building" or "building" shall mean the fenced in compound and cabinets as shown in the drawings attached as City of Brooklyn Center Lease Agreement Exhibit C. Landlord and Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c)Construction. Tenant may erect and operate an antenna array with up to twelve (12) antennas in accordance with its approved construction drawings attached as Exhibit C and those construction drawings attached as Exhibit C. Tenant may not increase the number of antennas beyond twelve (12) without first securing the approval of Landlord by written amendment to this Lease. (d)Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Tenant Facilities on the Leased Premises in accordance with good engineering practices and with all applicable local, state, and federal laws, rules and regulations. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense, said repairs to be undertaken immediately in the event the damage endangers the safe operation of the water tower, or within thirty (30) days in the event the damage does not endanger the safe operation of the water tower. If the Tenant fails to undertake or complete these repairs, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. The Tenant Facilities shall remain the exclusive property of the Tenant. (e)Maintenance, Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and kept secured by Tenant. If Tenant's Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. The Tenant agrees to clean and/or repair any damage done to its antennas or equipment due to vandalism within three (3) days of notification of such damage. Furthermore, the Tenant agrees to pay all costs associated with said cleaning or repair. If repair is not commenced within three (3) days notification, the Landlord may repair the damage and charge the Tenant for all costs associated with the repair. (f)Replacements. Before the Tenant may update, modify, or replace the Tenant Facilities other than as provided for in the construction drawings attached as Exhibit C, Tenant shall request the approval of the Landlord and provide detailed plans and specifications to Landlord. Tenant shall submit to Landlord such detailed plans and specifications for any such replacement facilities together with any other information reasonably requested by Landlord regarding such update, modification, or replacement; including but not limited to a technical study, all of which will be carried out at Tenant's expense including an additional administration fee as deemed appropriate by the Landlord to cover all expenses. Landlord may not unreasonably withhold approval. City ofBrooklyn Center Lease Agreement (g)Drawings. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Tenant Facilities. Tenant shall not be required to list the equipment located within Tenant's land space area, with the exception of any item which may be considered Hazardous Material as defined in paragraph 8(b) of this Lease. (h)No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Tenant Facilities. Tenant shall notify Landlord of its intent to gain access to the Structure at least twenty-four (24) hours in advance, except in an emergency. Such access shall be coordinated with Landlord so as not to interfere with Landlord's maintenance or other activities. ) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6.Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Tenant Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days in any calendar year unless Tenant obtains written approval from the Landlord. 7.Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Tenant acknowledges the need for periodic maintenance of the Structure, including repair of the Structure and its coatings. Tenant must remove Tenant's Antenna Facilities at Tenant's cost, upon reasonable notice to allow maintenance, repair, repainting, restoration or other activity as determined and required by Landlord. Landlord will not be responsible for scheduled interruptions in use of the Tenant's Antenna Facilities. Except in the case of an emergency, Landlord must provide Tenant sixty (60) days notice of commencement of maintenance activities In case of an emergency, Landlord may remove Tenant's Antenna Facilities, at the Tenant's expense, and shall notify Tenant within a reasonable time. An "emergency" shall be deemed to exist in those situations which constitute an immediate threat to the health or safety of the public or immediate danger to the Landlords facilities or property. In the event the use of the Tenant's Antenna Facilities is interrupted, Tenant may provide and maintain mobile cellular sites on wheels on the Property only after such City ofBrooklyn Center Lease Agreement temporary facilities have been approved by Landlord, on land owned or controlled by Landlord in the immediate area of the Property. Tenant is responsible for any cost associated with the protection of the Tenant Facilities during these periodic or emergency activities. Tenant further agrees that the Landlord is not responsible for transmission lines during routine maintenance. Tenant may, at Tenant's own expense, test said lines before and after maintenance.' 8. Defense and Indemnification. (a)General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease arising from Tenant's installation, maintenance, and operation of its Tenant Facilities or Tenants use of the Leased Premises, except those which arise solely from the negligence, willful misconduct, or other fault of Landlord or other user of the property. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant Facilities, equipment and related facilities on the Leased Premises. Landlord agrees to defend, indemnify and hold Tenant harmless from any and all costs (including reasonable attorney's fees) and claims of liability or loss which arise out of Landlord's use of the Leased Premises, except those which arise from the negligence, willful misconduct, or other fault of Tenant. Landlord shall not be obligated to indemnify Tenant in any amount in excess of the limitations of liability set forth in Minnesota Statutes, Chapter 466, less any amounts which Landlord is obligated to pay by reason of the liability of the Landlord, its officers, employees, and agents arising out of the same act or occurrence. (b)Hazardous Materials. Without limiting the scope of Subparagraph 10 (a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises resulting from the Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that (1) that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in violation of any law or regulation, and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. (c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor City of Brooklyn Center Lease Agreement transport to or over the Leased Premises, any Hazardous Materials in violation of any law or regulation governing the use, transport, or storage of Hazardous Materials. Tenant agrees to notify the Landlord in writing within 48 hours of the existence of Hazardous Materials on the Leased Premises. The obligation of this Paragraph 8 shall survive the expiration or other termination of this Lease. 9. Insurance (a)Workers Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b)General Liability. The Tenant must maintain an occurrence form commercial general liability coverage. Such coverage shall include, but not be limited to, bodily injury and, property damage, including personal and advertising injury, for the hazards of Premises/Operation, broad form contractual liability, independent contractors, and products/completed operations. The Tenant must maintain aforementioned comprehensive commercial general liability coverage with limits of liability not less than $2,000,000 combined single limit each occurrence; ; $2,000,000 general aggregate. These limits may be satisfied by the commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. Tenant will maintain Completed Operations coverage for a minimum of one year after the construction is completed. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $2,000,000 combined single limit per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use, maintenance or operation of all owned, non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorist's coverage. City ofBrooklyn Center Lease Agreement (d) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to Tenant Facilities at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e)Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company authorized or permitted to do business in the state of Minnesota, such insurance company to be reasonably acceptable to Landlord, which includes all coverages required in this paragraph 9. Tenant will include the Landlord as an Additional Insured as their interests may appear on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non-renewed or materially reduced without thirty (30) days prior written notice to the Landlord. (f)Waiver of Claims; Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvements thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all-risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all rights of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this section will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure. (g)Adjustment to Insurance Coverage Limits. Liability coverage required by paragraphs 9(b) and (c) shall be increased as needed so that the coverage per occurrence is, at all times, the same or greater than the maximum liability for municipalities specified in Minnesota Statutes, Section 466.04 for any number of claims arising out of the same occurrence. 10. Damage or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Tenant Facilities, Tenant may elect to terminate this Lease upon 30 days, written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to a pro rata reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction of the Leased Premises. City of Brooklyn Center Lease Agreement 11. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i)by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); unless such default may not reasonably be cured within a sixty (60) day period in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such sixty (60) day period and proceeds with due diligence to fully cure the default, however, such period shall not, in any event, extend beyond one hundred twenty (120) days of receipt of written notice of default. (ii)by Tenant if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Tenant Facilities or Tenant's business; (iii)by Tenant for cause immediately upon notice to Landlord if the Leased Premises is or becomes unacceptable for technology reasons, including, without limitation, unacceptable RF plan, shadowing, or interference, under the Tenant Facilities, design or engineering specifications or the systems to which the Tenant Facilities belong; (iv)by Landlord, upon one (1) year's written notice to Tenant, if its Council decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with the continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; (v)by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi)by Landlord if it determines that a potential user with a higher priority under Subparagraph 4(a) above cannot find another adequate location or the Landlord determines, after engineering studies, that the Tenant Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such interference was predicted in the initial interference study that was part of the application process, provided that the Landlord shall not at any time over the balance of the then existing Term and all unexpired Renewal Terms, lease the Leased Premises to another party with equal or lesser priority for the same use as that of the City ofBrooklyn Center Lease Agreement Tenant, unless such other party would not cause or contribute to the type of interference giving rise to the Tenant Facilities' interference with a higher priority. (b)Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt, except notice of Tenants intention to terminate this lease shall be effective upon Landlords receipt of such notice and the cash deposit, performance bond, or irrevocable letter of credit as set forth in section 11(d) hereof. All rentals paid for the Lease prior to said termination date shall be retained by Landlord unless such termination is due to breach by Landlord. (c)Tenants Liability for Early Termination. If Tenant terminates this Lease for any other reason other than as expressly provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, 150% of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall immediately cease operation and use of the Antennas for communication purposes and shall have 60 days from the termination or expiration date to remove its Tenant Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. Upon notice of termination, Tenant shall deposit with Landlord in the form of cash, performance bond, irrevocable letter of credit, or other acceptable security the sum of $10,000, which shall be fully refunded to Tenant upon the timely removal of the Tenant Facilities and related equipment, the repair of the site and the restoration of the Structure surface to the reasonable satisfaction of the Landlord. In the event that the Tenant Facilities and related equipment are not removed, Tenant has notified the Landlord that the following is collateral agent for entities having an interest in the Tenant Facilities and related equipment because of financing arrangements: Collateral Agent: NONE If Landlord removes the Tenant Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Tenant Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. The obligations of this paragraph (d) shall survive the expiration or other termination of this Lease. City ofBrooklyn Center Lease Agreement 12.Limitation of Landlord's Liability. If Landlord terminates this Lease for any reason other than default by Tenant, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 13.Temporary Interruptions of Service. If Landlord reasonably determines that continued operation of the Tenant Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Tenant Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents and except if Landlord's determination is found by a court of competent jurisdiction to have been negligent. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without the payment of any damages. 14. Tenant Interference (a)With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without the payment of any damages. (b)With Higher Priority Users. If the Tenant Facilities cause impermissible interference with higher priority users as set forth under Subparagraph 5(a) above or with preexisting tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Tenant Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord or Tenant may at its option terminate this Lease immediately for cause and without the payment of any damages. City ofBrooklyn Center Lease Agreement (c)Interference Study -New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises area, Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. (d)Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Tenant Facilities. Landlord agrees further that any future lease of the Leased Premises area will prohibit a user of equal or lower priority from interfering with the Tenant Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the right to cause the elimination of any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 15.Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Paragraph 26 below. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 26 below. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16.Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all City ofBrooklyn Center Lease Agreement damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant for relocation benefits or assistance. 17.Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of mediation and shall share equally the common costs of mediation. If mediation does not result in settlement within forty-five (45) days after the matter was submitted to mediation, either party may pursue all available remedies in any court of competent jurisdiction. 18.Enforcement and Attorney's Fees. In the event that either party to this Lease shall bring a claim in court to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys fees incurred as a result of such claim. 19.Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attn: City Manager If to Tenant, to: Verizon Wireless (VAW) LLC d/bla Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 Attn: Network Real Estate 20. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21.Binding Effect. This Lease shall run with the Property. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22.Complete Lease Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. City ofBrooklyn Center Lease Agreement 23.Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24.Severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 25.Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties which may be recorded by the party requesting the Memorandum of Lease. 26.Waiver of Landlord's lien. (a)Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b)Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims anyinterest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 27. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: By: By: Tax JD#: STATE OF MINNESOTA COUNTY OF HENNEPIN City of Brooklyn Center, a Minnesota Municipal Corporation Mayor City Manager 41-6005011 The foregoing instrument was acknowledged before me this day of , 2017, by Tim Willson, Mayor, and Curt Boganej City Manager, respectively, of the City of Brooklyn Center, on behalf of the City. Notary Public My commission expires: STATE OF COUNTY OF TENANT: By: Title: TaxID#: VERIZON WIRELESS (YAW) LLC dibla Verizon Wireless Name: The fore going instrument was acknowledged before me this day of , 201, by , the of on behalf of the corporation. Notary Public My commission expires: EXHIBITA Legal Description or Property PD: 25-119-21-34-0019 Municipality: BROOKLYN CENTER Addition Name: AUDITOR'S SUBD. NO. 309 Lot: 050 Block: BEG ATNW COR OF LOT SOTHE33FTTHSS28.5FTTHE98.1FTTHS 101.5 FTTHE TO A PT 30 FT W FROM E LINE OF LOT 50 TH N 378.65 FT TH NWLY ON A CURVE WITH A RADIUS OF 757.33 FT TO N LINE OF LOT 50 TH E TO NE COR THOF TH S TO NW COR OF OUTLOT A EVERGREEN ESTATES TH S TO SW COR THOF TH SWLY ALONG WLY LINE OF 70TH AVE N TO SW CUR OF SAID PLAT TH ELY ALONG S LINE THOF TOE LINE OF LOT 50 TH S TO SE COR THOF TH W TO SW COR THOF TH N TO BEG EXHIBIT B (Leased Premise) The Leased Premises of the Property is described and depicted on Exhibit B (see attached site survey dated October 6, 2017, sheet 1). - 74b! 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Background: On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road), Project No. 2018-05. This project is scheduled to be constructed in 2018. The proposed reconstruction and streetscape improvements will improve roadway safety, enhance traffic operations, reduce access points and provide improved bicycle and pedestrian facilities for a 1.4-mile segment of the corridor in Brooklyn Center between 49th Avenue and Bass Lake Road (County Road 10). The project will enhance bicycle and pedestrian travel by adding a trail, improving sidewalks, transit stops, adding streetscaping and landscaping and improving the functionality of intersections with modified turn lanes. In order to construct the improvements, permanent drainage, utility, sidewalk and trail easements and/or temporary construction easements are required from 37 separate parcels adjacent to the corridor. The City's consultant has staked the easement limits and prepared appraisals for the easement acquisition. The City's consultant presented the property owners with an offer letter and a copy of the appraisal and allowed the owner time to either accept or reject the offer. The City's consultant has been diligently working with the property owners to reach agreements to voluntarily convey the easements. To date, we have reached easement acquisition agreements with 15 of the 37 parcels. More than 60 days has elapsed since the initial offers were made and for some parcels the easement acquisition could not be negotiated and for some the mortgage consent has not been provided, therefore, eminent domain must be used to obtain the easements. There are a total of 18 properties that are being recommended for the eminent domain process. Six of the properties have signed the easements documents but the mortgage consent has not been provided and easements on the remaining 12 properties could not be negotiated. ]Vliss!oij: Ensuring an attractive, clean, safe, inclusive coin,nimiti' that enhances the quality of life for all people and preserves the public trust I1i1IJ[I1 I fl I I ak'1 IYA I [I] 1iI I1IWA I Budget Issues: The Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road) is identified in the City's 2018 Capital Improvement Program and the total project cost is estimated to be $15,000,000. The total appraised value for all easements on the project are estimated to be approximately $470,000 of which the 18 properties that are being recommending for the eminent domain process account for approximately $309,800. Strategic Priorities: e Key Transportation Investments Mission: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of ilfe for al/people and preserves the public trust Legend Easement Completed Easement Pending Eminent Domain -Signed Pending Mortgage Consent Eminent Domain - Easement Negotiations On Going __ __ I 0-572 32-5740 31-5620 56TH 1)-5501 5-5500 55-f HpVEt' V \\ 37-5430 \\ 36-5425 I 100 CR Brooklyn Boulevard Corridor Project Phase I Easement Status 1/2/18 Member introduced the following resolution and moved its adoption: RESOLUTION NO._________ RESOLUTION AUTHORIZING ACQUISITION BY EMINENT DOMAIN AND APPROVAL OF APPRAISED VALUES OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE I, PROJECT NO. 2018-05 WHEREAS, the City Council has authorized the project titled Brooklyn Boulevard Corridor Project Phase I (the "Project"); and WHEREAS, the Project area includes a 1.4-mile segment of Brooklyn Boulevard (County Road 152) between 49fh Avenue and Bass Lake Road (County Road 10); and WHEREAS, the Project scope includes reconstruction and streetscape improvements that will improve roadway and intersection safety, enhance traffic operations and provide improved bicycle and pedestrian facilities. The project will enhance bicycle and pedestrian travel by adding a trail, improving sidewalks and transit stops, adding streetscaping and landscaping and improving the functionality of intersections with modified turn lanes; and WHEREAS, the Project is scheduled to be constructed in 2018; and WHEREAS, the City Council finds that it is necessary to acquire certain permanent easements and temporary construction easements (collectively, the "Easements"), legally described in Exhibit A attached hereto, in order to install and maintain the Project; and WHEREAS, the City has engaged a qualified independent consultant to provide an opinion of damages caused by the Easement acquisitions from each impacted property; and WHEREAS, the City has made offers of compensation to the landowners for the Easements consistent with the independent opinions of damages; and WHEREAS, the City's consultant has been diligently working with the landowners of the impacted properties to reach agreements to voluntarily convey the Easements; and WHEREAS, despite these efforts, signatures on conveyance documents from owners and/or lenders for the following parcels are still needed to ensure the City's rights to the Easements: • Parcel 1 (4903 Brooklyn Blvd) - Jose M. and Eleazar Pliego • Parcel 2 (4911 Brooklyn Blvd) - Eugene Bryskin • Parcel 3 (4925 Brooklyn Blvd) - Marjorie Van Slyke • Parcel 5 (4933 Brooklyn Blvd) - Paris M. and Tiffany Dunn • Parcel 6 (4937 Brooklyn Blvd) - Jacqueline L. Ward • Parcel 8(5001 Brooklyn Blvd) - Carolyn A. Winston • Parcel 9 (5009 Brooklyn Blvd) - Shirley L. Anderson • Parcel 10 (5017 Brooklyn Blvd) - Delores Riley • Parcel 11 (5025 Brooklyn Blvd) - Willard D. MacDonald • Parcel 12 (5031 Brooklyn Blvd) - Amy N. Kelvie • Parcel 16 (5105 Brooklyn Blvd) - CS Property NMA, LLC, • Parcel 20 (5727 Brooklyn Blvd) - Robert Lee Fern • Parcel 22 (4938 Brooklyn Blvd) Twin Lake Alano Society • Parcel 26 (5050 Brooklyn Blvd) - Olive L. Long • Parcel 33 (3300 County Road 10) - FTK Properties Inc. • Parcel 34 (5842 Brooklyn Blvd) - Alicia M. Vasquez • Parcel 36 (5425 Xerxes Avenue) Brooklyn 55 LLC • Parcel 37 (5430 Brooklyn Blvd) - Brooklyn 77 LLC; and WHEREAS, the City Council finds that it is reasonably necessary, proper and convenient, and in the interest of the general welfare that the City acquire by eminent domain title to and possession of the Easements in furtherance of the Project; and WHEREAS, the City Council finds that the construction schedule for the Project makes it necessary to acquire title to and possession of the Easements prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the City Council finds that appraisers opinions of damages caused by the acquisition of the Easements, as indicated below, reflect fair market value: Parcel 1 $24,400 Parcel 2 $13,400 Parcel $18,500 Parcel 5 $22,000 Parcel 6 $18,700 Parcel 8 $19,200 Parcel 9 $22,200 Parcel 10 $19,900 Parcel 11 $22,100 Parcel 12 $23,200 Parcel 16 $12,200 Parcel 20 $15,200 Parcel 22 $15,500 Parcel 26 $8,800 Parcel 33 $9,200 Parcel 34 $6,300 Parcel 36 $31,700 Parcel 37 $7,300 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1.The acquisition of the Easements is necessary and for a public purpose in furtherance of the Project; and 2.The law firm of Kennedy & Graven, Chartered, is authorized and directed to take all steps necessary on behalf of the City to acquire through eminent domain the Easements that are not acquired by voluntary negotiation, including filing an action in eminent domain and using the quick take procedure under Minn. Stat. § 117.042; and 3. The appraised values for the Easements reflect the fair market values thereof and are hereby approved for the purposes of Minn. Stat. § 117.042. January 8, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EXHIBIT A Legal descriptions of easements [attached] PARCEL 1 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 5, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 5, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. PARCEL 2 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 4, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 4, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. PARCEL 3 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 3, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 3, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. PARCEL 5 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 1, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 1, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under, across and through the Southwesterly 6.00 feet of the Northeasterly 30.00 feet of the Northwesterly 25.00 feet of said Lot 1. Said temporary easements to expire September 30, 2019. PARCEL 6 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Southwesterly 15.00 feet of the Northeasterly 48.00 feet of the following described property: That part of the South Half of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing on the north line of said South Half of the Southeast Quarter of the Northeast Quarter at a point distant 203.9 feet west of the intersection of said line with the center line of Brooklyn Center Road; thence south at a right angle with the north line of said South Half of the Southeast Quarter of the Northeast Quarter a distance of 133 feet; thence east at right angles a distance of 32.6 feet to the point of beginning of the tract herein described; thence south at a right angle a distance of 100 feet; thence deflecting to the left with and angle of 12 degrees 49 minutes a distance of 35.4 feet; thence deflecting to the left with an angle of 95 degrees 05 minutes a distance of 238.55 feet more or less to the center line of Brooklyn Center Road; thence northwesterly along said center line a distance of 64.3 feet more or less to a point 133 feet south of the north line of said South Half of the Southeast Quarter of the Northeast Quarter measured at right angles with said north line; thence west parallel with said north line a distance of 214.5 feet more or less to the actual point of beginning. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 57.00 feet of the following described property: That part of the South Half of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing on the north line of said South Half of the Southeast Quarter of the Northeast Quarter at a point distant 203.9 feet west of the intersection of said line with the center line of Brooklyn Center Road; thence south at a right angle with the north line of said South Half of the Southeast Quarter of the Northeast Quarter a distance of 133 feet; thence east at right angles a distance of 32.6 feet to the point of beginning of the tract herein described; thence south at a right angle a distance of 100 feet; thence deflecting to the left with and angle of 12 degrees 49 minutes a distance of 35.4 feet; thence deflecting to the left with an angle of 95 degrees 05 minutes a distance of 238.55 feet more or less to the center line of Brooklyn Center Road; thence northwesterly along said center line a distance of 64.3 feet more or less to a point 133 feet south of the north line of said South Half of the Southeast Quarter of the Northeast Quarter measured at right angles with said north line; thence west parallel with said north line a distance of 214.5 feet more or less to the actual point of beginning. Together with a temporary easement for construction purposes over, under, across and through the Southwesterly 6.00 feet of the Northeasterly 63.00 feet of the Southeasterly 10.00 feet of said described property. Said temporary easements to expire September 30, 2019. PARCEL 8 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 4, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the southwesterly 10.00 feet of the Northeasterly 25.00 feet of Lot 4, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. PARCEL 9 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 3, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 10.00 feet of the Northeasterly 25.00 feet of Lot 3, Block 1, WICHTBRMAN'S FIRST ADDITION, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. PARCEL 10 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 2, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 10.00 feet of the Northeasterly 25.00 feet of Lot 2, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under, across and through that part of said Lot 2 described as commencing at the intersection of the south line of said Lot 2 with a line run parallel with and distant 25.00 feet southwesterly of the northeasterly line of said Lot 2; thence northwesterly along said parallel line a distance of 20.50 feet to the point of beginning of said temporary easement; thence continuing northwesterly along said parallel line a distance of 30.00 feet; thence southerly at a right angle to the south line of said Lot 2 a distance of 28.00 feet; thence southeasterly to the point of beginning. Said temporary easements to expire September 30, 2019. PARCEL 11 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 14.00 feet of the Northeasterly 29.00 feet of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota. Said temporary easement to expire September 30, 2019. PARCEL 12 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of the following described property: All that part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point 261.46 feet East and 107.28 feet South of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East a distance of 390.8 feet; thence South 42.72 feet; thence Eastl6O.88 feet; thence South at right angles to the last described line for a distance of 75 feet to the actual point of beginning of the tract to be described; thence East at right angles to the last described line for a distance of 160.53 feet, more or less, to the southwesterly right of way line of Trunk Highway No. 152; thence southeasterly along said southwesterly right of way line a distance of 110.31 feet, more or less, to the northeast corner of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota; thence West along the north line of said Lot 1 to the northwest corner of said Lot 1; thence northwesterly to the actual point of beginning. A temporary easement for construction purposes over, under, across and through the Southwesterly 8.00 feet of the Northeasterly 23.00 feet of the following described property: All that part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point 261.46 feet East and 107.28 feet South of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East a distance of 390.8 feet; thence South 42.72 feet; thence East160.88 feet; thence South at right angles to the last described line for a distance of 75 feet to the actual point of beginning of the tract to be described; thence East at right angles to the last described line for a distance of 160.53 feet, more or less, to the southwesterly right of way line of Trunk Highway No. 152; thence southeasterly along said southwesterly right of way line a distance of 110.31 feet, more or less, to the northeast corner of Lot 1, Block 1, WICHTERMAN'S FIRST ADDITION, Hennepin County, Minnesota; thence West along the north line of said Lot 1 to the northwest corner of said Lot 1; thence northwesterly to the actual point of beginning. Said temporary easement to expire September 30, 2019. PARCEL 16 A temporary easement for construction purposes over, under, across and through the East 27.00 feet of the West 41.00 feet of the North 24.50 feet of the following described property: That part of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at the northwest corner of the Northeast Quarter of the Northeast Quarter of said Section 10; thence South 518 feet; thence East to the southwesterly line of State Highway No. 152; thence Southeasterly 600 feet along the southwesterly line of State Highway No. 152 as said southwesterly line was located immediately before the deed recorded in the office of the Register of Deeds of said Hennepin County in Book 2385 Deeds, Page 210, to the point of beginning of the land to be described; thence West 200 feet; thence Northwesterly 150 feet parallel with the southwesterly line of Highway No. 152 as above defined; thence West to the Southeasterly line of State Highway No. 100; thence Southwesterly along said southeasterly line of said State Highway No. 100 to the south line of the Northeast Quarter of the Northeast Quarter of said Section 10; thence East to the southwesterly line of Highway No. 152 as above defined; thence northwesterly along said southwesterly line of Highway No. 152 to the point of beginning; except that part above described tract deeded to the Village of Brooklyn Center by deed recorded in Book 2075 Deeds, Page 105 and also except that part of the above described tract deeded to the State of Minnesota by the deed in Book 2385 Deeds, Page 210. Together with a temporary easement for construction purposes over, under, across and through the East 14.00 feet of the West 28.00 feet of the South 132.00 feet of the North 156.50 feet of said described property. Together with a temporary easement for construction purposes over, under, across and through the East 9.00 feet of the West 23.00 feet of the South 174.00 feet of the North 330.50 feet of said described property. Together with a temporary easement for construction purposes over, under, across and through the East 13.00 feet of the West 27.00 feet of the South 45.50 feet of the North 376.00 feet of said described property. Said temporary easements to expire September 30, 2019. PARCEL 20 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through that part of the following property: That part of Lot 27, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota described as beginning at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence northerly along the east line of said Lot 27 a distance of 55.82 feet; thence westerly to a point on the easterly line of Tract A, REGISTERED LAND SURVEY NO. 534, Hennepin County, Minnesota distant 63.75 feet northerly of the southeasterly corner of said Tract A; thence southerly, easterly and southerly along the easterly boundary of said REGISTERED LAND SURVEY NO. 534 to the intersection with the north line of the South 90.00 feet of said Lot 27; thence easterly along said north line a distance of 140.56 feet, more or less, to the point of beginning. Said perpetual easement being that part of said described property lying northerly of a line described as commencing at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence North 05 degrees 00 minutes 08 seconds West, assumed bearing, along the east line of said Lot 27 a distance of 55.17 feet to the point of beginning of said described line; thence North 87 degrees 28 minutes 14 seconds West a distance of 31.16 feet; thence westerly 53.83 feet along a tangential curve concave to the north having a radius of 538.00 feet and a central angle of 05 degrees 43 minutes 57 seconds; thence northwesterly 43.71 feet along a non-tangential curve concave to the northeast having a radius of 526.08 feet and a central angle of 04 degrees 45 minutes 37 seconds West, the chord of said curve bears North 73 degrees 53 minutes 58 seconds; thence North 71 degrees 31 minutes 10 seconds West, tangent to said curve, a distance of 13.59 feet; thence North 60 degrees 36 minutes 15 seconds West a distance of 11.05 feet to the northerly line of said described property and there terminating. A 15.00 foot temporary easement for construction purposes over, under, across and through the following described property: That part of Lot 27, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota described as beginning at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence northerly along the east line of said Lot 27 a distance of 55.82 feet; thence westerly to a point on the easterly line of Tract A, REGISTERED LAND SURVEY NO. 534, Hennepin County, Minnesota distant 63,75 feet northerly of the southeasterly corner of said Tract A; thence southerly, easterly and southerly along the easterly boundary of said REGISTERED LAND SURVEY NO. 534 to the intersection with the north line of the South 90.00 feet of said Lot 27; thence easterly along said north line a distance of 140.56 feet, more or less, to the point of beginning. Said 15.00 foot temporary easement being that part of said described property lying southerly of and adjacent to the following described line and its prolongations. Said line is described as commencing at the northeast corner of the South 90.00 feet of said Lot 27; thence northerly along the east line of said Lot 27 a distance of 59.84 feet; thence northwesterly, northerly and northeasterly a distance of 57.29 feet along a curve not tangential with the east line of said Lot 27 to the intersection with the east line of said Lot 27 (said curve is concave to the east having a radius of 45.00 feet and a central angle of 72 degrees 56 minutes 45 seconds, the chord of said curve is 53.50 feet in length and is part of the east line of said Lot 27); thence North 05 degrees 00 minutes 08 seconds West, assumed bearing, along the east line of said Lot 27 a distance of 55.17 feet to the point of beginning of said described line; thence North 87 degrees 28 minutes 14 seconds West a distance of 31.16 feet; thence westerly 53.83 feet along a tangential curve concave to the north having a radius of 538.00 feet and a central angle of 05 degrees 43 minutes 57 seconds; thence northwesterly 43.71 feet along a non-tangential curve concave to the northeast having a radius of 526.08 feet and a central angle of 04 degrees 45 minutes 37 seconds, the chord of said curve bears North 73 degrees 53 minutes 58 seconds West; thence North 71 degrees 31 minutes 10 seconds West, tangent to said curve, a distance of 13.59 feet; thence North 60 degrees 36 minutes 15 seconds West a distance of 11.05 feet to the northerly line of said described property and there terminating. Said temporary easement to expire September 30, 2019. PARCEL 22 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through that part of Lot 1, Block 1, TWIN LAKE ALANO ADDITION, Hennepin County, Minnesota lying westerly of a line described as beginning at the intersection of the north line of said Lot 1 with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line a distance of 93.40 feet; thence southeasterly deflecting to the left 05 degrees 49 minutes 12 seconds to the intersection with a line run parallel with and distant 13.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line a distance of 189.25 feet; thence southerly deflecting to the right 05 degrees 36 minutes 00 seconds to the intersection with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line to the south line of said Lot 1 and there terminating. A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 1, TWIN LAKE ALANO ADDITION, Hennepin County, Minnesota described as beginning at the intersection of the north line of said Lot 1 with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line a distance of 93.40 feet; thence southeasterly deflecting to the left 05 degrees 49 minutes 12 seconds to the intersection with a line run parallel with and distant 13.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line a distance of 189.25 feet; thence southerly deflecting to the right 05 degrees 36 minutes 00 seconds to the intersection with a line run parallel with and distant 11.00 feet easterly from the west line of said Lot 1; thence southeasterly along said parallel line to the south line of said Lot 1; thence easterly along said south line to the southeast corner of said Lot 1; thence northerly along the east line of said Lot 1 to the intersection with a line run parallel with and distant 19.00 feet easterly from the west line of said Lot 1; thence northwesterly along said parallel line a distance of 56.70 feet; thence northeasterly deflecting to the right 90 degrees 00 minutes 00 seconds to the east line of said Lot 1; thence northerly along said east line a distance of 10.35 feet; thence northwesterly parallel with the west line of said Lot 1 a distance of 51.65 feet; thence southwesterly deflecting to the left 90 degrees 00 minutes 00 seconds to the intersection with a line run parallel with and distant 18.00 feet easterly from the west line of said Lot 1; thence northwesterly along said parallel line a distance of 132.85 feet; thence northerly deflecting to the right 05 degrees 36 minutes 00 seconds to the intersection with a line run parallel with and distant 22.00 feet easterly from the west line of said Lot 1; thence northwesterly along said parallel line to the north line of said Lot 1; thence westerly along said north line to the point of beginning. Said temporary easement to expire September 30, 2019. PARCEL 26 A perpetual easement for roadway and utility purposes over, under, across and through part of the following property: Tract E, REGISTERED LAND SURVEY NO. 492, Hennepin County, Minnesota except that part thereof which lies northwesterly of a line run from a point on the west line of said Tract B distant 5.00 feet south of the northwest corner thereof to a point on the north line of said Tract B distant 5.00 feet east of said northwest corner. Said perpetual easement being that part of said described property described as commencing at the northeast corner of said Tract E; thence North 89 degrees 35 minutes 26 seconds West, assumed bearing, along the north line of said Tract E a distance of 52.45 feet to the point of beginning of said perpetual easement; thence South 88 degrees 30 minutes 00 seconds West a distance of 72.92 feet; thence southwesterly 47.35 feet along a tangential curve concave to the south having a radius of 190.00 feet and a central angle of 14 degrees 16 minutes 39 seconds; thence South 16 degrees 38 minutes 41 seconds East, not tangent to said curve, a distance of 128.42 feet to the south line of said Tract E; thence westerly along the south line of said Tract E a distance of 4.15 feet to the southwest corner of said Tract E; thence northwesterly along the westerly line of said Tract B to a point distant 5.00 feet southerly from the northwest corner of said Tract B; thence northeasterly to a point on the northerly line of said Tract E distant 5.00 feet easterly from said northwest corner; thence South 89 degrees 35 minutes 26 seconds East, along said northerly line, a distance of 132.50 feet to the point of beginning. A temporary easement for construction purposes over, under, across and through part of the following property: Tract E, REGISTERED LAND SURVEY NO. 492, Hennepin County, Minnesota except that part thereof which lies northwesterly of a line run from a point on the west line of said Tract E distant 5.00 feet south of the northwest corner thereof to a point on the north line of said Tract E distant 5.00 feet east of said northwest corner. Said temporary easement being that part of said described property described as beginning at the northeast corner of said Tract E; thence North 89 degrees 35 minutes 26 seconds West, assumed bearing, along the north line of said Tract E a distance of 52.45 feet; thence South 88 degrees 30 minutes 00 seconds West a distance of 72.92 feet; thence southwesterly 47.35 feet along a tangential curve concave to the south having a radius of 190.00 feet and a central angle of 14 degrees 16 minutes 39 seconds; thence South 16 degrees 38 minutes 41 seconds East, not tangent to said curve, a distance of 128.42 feet to the south line of said Tract E; thence easterly along said south line a distance of 8.37 feet thence North 16 degrees 38 minutes 41 seconds West a distance of 121.13 feet; thence North 80 degrees 19 minutes 26 seconds East a distance of 22.00 feet; thence South 00 degrees 36 minutes 26 seconds East a distance of 16.39 feet; thence North 88 degrees 34 minutes 06 seconds East a distance of 35.00 feet; thence North 00 degrees 36 minutes 26 seconds West a distance of 13.00 feet; thence North 88 degrees 34 minutes 06 seconds East a distance of 38.50 feet; thence South 89 degrees 35 minutes 26 seconds East a distance of 66.51 feet to the east line of said Tract E; thence northerly along said east line a distance of 14.00 feet to the point of beginning. Said temporary easement to expire September 30, 2019. PARCEL 33 A perpetual easement for roadway and utility purposes over, under, across and through that part of Lot 1, Block 1, BROOKLYN CROSSING 3RD ADDITION, Hennepin County, Minnesota described as beginning at the northwest corner of said Lot 1; thence southerly along the westerly line of said Lot 1 a distance of 38.83 to an angle point in the west line of said Lot 1; thence easterly along the westerly line of said Lot 1 a distance of 18.00 feet to an angle point in the westerly line of said Lot 1; thence northerly parallel with the westerly line of said Lot 1 a distance of 10.00 feet to the intersection with the northerly line of a 10.00 foot drainage and utility easement as dedicated in said BROOKLYN CROSSING 3RD ADDITION; thence northeasterly along said northerly line a distance of 4.00 feet; thence northerly, parallel with the westerly line of said Lot 1 to the north line of said Lot 1; thence westerly along said north line to the point of beginning. A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 1, BROOKLYN CROSSING 3RD ADDITION, Hennepin County, Minnesota lying westerly of a line described as beginning at the intersection of the southwesterly line of said Lot 1 with a line run parallel with and distant 15.00 feet easterly of the westerly line of said Lot 1; thence northerly along said parallel line and its northerly extension to the north line of said Lot 1 and there terminating. Together with a temporary easement for construction purposes over, under, across and through that part of South 20.00 feet of said Lot 1 lying westerly of the East 213.00 feet thereof. Said temporary easements to expire September 30, 2019. PARCEL 34 A perpetual easement for roadway and utility purposes over, under, across and through that part of the following described property lying westerly of a curve concave to the east having a radius of 2515.48 feet. Said curve passes through a point on the north line of Lot 5, Block 4, GRIMME'S SECOND ADDITION, Hennepin County, Minnesota distant 148.24 feet westerly from the northeast corner of said Lot 5 and passes through a point on the south line of said Lot 5 distant 133.69 feet westerly from the southeast corner of said Lot 5. Said property is described as Lot 5, Block 4, GRIMME'S SECOND ADDITION, Hennepin County, Minnesota except that part thereof which lies westerly of a line run parallel with and distant 18 feet easterly of a line described as commencing at a point on the north line of Section 3, Township 118, Range 21, Hennepin County, Minnesota distantl741.0 8 feet west of the northeast corner thereof; thence southeasterly at an angle of 68 degrees 01 minutes 52.3 seconds with said north section line for 104.54 feet; thence deflect to the right at an angle of 17 degrees 20 minutes 35.2 seconds for 1271.51 feet; thence deflect to the left at an angle of 90 degrees for 24 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 90 degrees for 19.92 feet; thence deflect to the left on a 3 degree 00 minute curve (delta angle 9 degrees 36 minutes 45 seconds) for 340.42 feet and there terminating and excepting a triangular piece of said Lot adjoining and easterly of the above described strip and northwesterly of a line described as beginning at a point on the easterly boundary of the above described strip distant 30 feet southerly of its intersection with the north line of said Lot 5; thence run northeasterly to a point on the north line of said Lot 5 distant 20 feet easterly of said intersection. A 5.00 foot temporary easement for construction purposes over, under, across and through Lot 5, Block 4, GRIMME'S SECOND ADDITION, Hennepin County, Minnesota. Said temporary easement lies easterly of and adjacent to a curve concave to the east having a radius of 2515.48 feet. Said curve passes through a point on the north line of said Lot 5 distant 148.24 feet westerly from the northeast corner of said Lot 5 and passes through a point on the south line of said Lot 5 distant 133.69 feet westerly from the southeast corner of said Lot 5. Said temporary easement to expire September 30, 2019. PARCEL 36 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the most Westerly 6.00 feet of Lot 1, Block 1, BROOKLYN 55, Hennepin County, Minnesota. PARCEL 37 A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Westerly 3.00 feet of the Southerly 133.00 feet of Lot 2, Block 1, BROOKLYN 55, Hennepin County, Minnesota. CRY C©rdll Agth llm N©0 6 q ki1IJESJI R V M4 UYA I IA (I) 1I I1IJYA I DATE: January 8, 2018 TO: Curt Boganey, City Manag FROM: Michael Ericson, Interim Community Development SUBJECT: Resolution Amending the Business Subsidy Policy Recommendation: It is recommended that the City Council consider adopting the resolution amending the business subsidy policy. Background: At the December 11, 2017 City Council Work session the council discussed changes to the Business Subsidy Policy. The Council's recommendation was for staff to prepare a resolution amending the Business Subsidy Policy that would be consistent with the State of Minnesota Minimum Wage. The amended policy has been written to directly reflect the state minimum wage. Therefore, the wage will adjust as the state adjusts the minimum wage. At its October 9, 2017 work session, Mayor Willson shared his review of the city's Business Subsidy Policy where on Page 264 there is a reference to providing incentive dollars that businesses must be paying workers s minimum wage of $7.00 per hour. Mayor Willson stated his support to change the amount in our policy in as much the State minimum wage is $9.35 per hour and scheduled to increase. (Minutes enclosed) The City's Business Subsidy Policy was developed as a part of the 2000 Redevelopment Agreement with Talisman LLC, former owners of the Brookdale Regional Mall. The wage established at the time was $7.00/hr. and it has not been updated. Staff's understanding is it has been applied three times with Global, Embassy Suites, and FBI. Recently, the City Council approved the development agreement for the construction of the Marriott Fairfield Hotel which replaced the $7.00 as the hourly wage for that project with the State Minimum Wage. The State Minimum Wage is $9.35 per hour. Mission: Ensuring an allruetire, clean, sq/a, inclusive coJn;nnnily, that enhances the quality of lift for all people atuipreseives the public trust I[I1IJ[iJ I fl I I M'4 I I M'A 0) 1I I1PJ'A I Policy Issues: The amended Business Subsidy Policy will require projects that receive a subsidy from the city to meet the current State Minimum Wage. Strategic Priorities: Resident Economic Stability Attachments: Resolution 12-8-2017 Council Work session Agenda Item il'Jission: Ensuring an attractive, clean, safe, inclusive conan/wily that enhances the quality of life for all people aiidpresei'ves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE BUSINESS SUBSIDY POLICY WHEREAS, the City of Brooklyn Center is required by Minnesota Statutes, Sections 1 16J-993 through 116j-995, to adopt a business subsidy policy; and WHEREAS, attached hereto and incorporated herein by reference is Exhibit A is the amended Business Subsidy Policy with criteria; and WHEREAS, the City Council amends the Business Subsidy Policy to set the wage policy to at least the State of Minnesota's Minimum Wage; and WHEREAS, is has been found and determined by the Brooklyn Center City Council that the proposed Business Subsidy Policy and criteria as set for in Exhibit A are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Business Subsidy Policy and criteria as set forth in Exhibit A are herby are adopted. January 8, 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. ti II] SII (I]ELS! Exhibit A CITY OF BROOKLYN CENTER BUSINESS SUBSIDY POLICY The following business subsidy policy is intended to satisfy the requirements of Minnesota Statues, Sections 11 6j.993 and 11 6j.994 (the "Act"), in particular, Section 11 6j.994, subdivision 2, thereof. Terms used but not defined herein have the meaning given them in the Act. The term "City" shall mean the City of Brooklyn Center. The term "Project" means the property with respect to which the Business Subsidy is provided. A. MANDATORY CRITERIA All Projects must comply with the following criteria: 1.But For Test. There is a substantial likelihood that the Project would not go forward without the Business Subsidy. This criterion may be met based solely on representations of the recipient of the Business Subsidy. 2.Wage Policy. If the Project results in an obligation to create new jobs pursuant to a subsidy agreement, the wage for each part-time and full-time job required to be created pursuant to the subsidy agreement shall, within two years of the benefit date, pay at least the state of Minnesota's Minimum Wage. 3.Feasibility. The recipient must demonstrate to the satisfaction of the City that the Project has been adequately financed and either has been or will be completed in a timely fashion. 4.Compliance with Act. The Business Subsidy must satisfy all requirements of the Act. B. EVALUATIVE CRITERIA The following criteria recognized that the award of Business Subsidy may serve a variety of public purposes of varying importance depending upon the specific Project fascinated by the Business Subsidy. The degree of importance to be attached to various public purposes which may be served by a particular Project must therefore involve the exercise of sound judgment after weighing all relevant criteria. Not all evaluative criteria will be applicable to all projects. In any event, the City may disregard any evaluative criterion it determines to be either irrelevant or unimportant in the ease of the particular project, as permitted by the Act. The evaluative criteria are as follows: 1.Jobs. The number of full-time equivalent jobs to be created or retained by the proposed Project for a period of at least two years from the estimated benefit date. 2.Tax Base. The net increase in property taxes estimated to be generated by the Project in the first full year of operation. II] Jfl [I]1E[IJ Exhibit A 3.Services to the Community. Whether the Project will provide services or facilities needed in the community. For example, the Project may provide needed health care services, commercial facilities, or other services or facilities needed in the community. 4.Blighted Property. Whether the Project is located on property which is, or is likely to become blighted, and is not likely to be developed or redeveloped because of the blight or other adverse conditions. 5.Design and/or Other Amenity Concessions. Whether, as a result of the Business Subsidy, the Project will include design and/or amenity features not otherwise required by law. 6.Compatibility. Whether the Project is compatible with the comprehensive plan. 7.Utilization of Existing Infrastructure Investment. Whether and to what extent the Project will utilize existing public infrastructure capacity or will require additional publicly funded infrastructure. 8.Leveraged Public Funds. The ratio of private funds which will be applied towards the capital cost of the project compared to the Business Subsidy. 9. Other Factors. Depending on the nature of the Project, such other factors as the City may deem relevant in evaluation the Project and the Business Subsidy proposed for it. Cty C©wi©il Agda I[tm No. 72 Member introduced the following resolution and moved its adoption: RESOLUTION NO.___________ RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF REX NEWMAN FOR HIS DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION WHEREAS, Rex Newman was appointed as a member of the Financial Commission on January 8, 2007; was elected as Chairperson on March 30, 2010, and served through April 16, 2015; and was elected a second time as Chairperson on June 16, 2016, and served through December 31, 2017; and WHEREAS, he has made significant contributions as a member of the Financial Commission, including evaluating and developing fiscal policies, fiscal procedures, Mayor and Council Member total compensation, and budgetary and capital matters; and WHEREAS, his leadership and expertise have been greatly appreciated by the Financial Commission; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Rex Newman is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service he has rendered to the citizens of Brooklyn Center. January 8, 2018 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. Oty C©©ll Agd1a ]It©m N©0 7b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SUSAN PAGNAC FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Susan Pagnac served on the Housing Commission from August 10, 2015, through December 31, 2017; and WHEREAS, as a member of the Housing Commission, she contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, her leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Susan Pagnac is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. January 8, 2018 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. Oty C©iniriidli AgIrllth I{t©rn N©0 7© Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF KATHLEEN NELSON FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION WHEREAS, Kathleen Nelson served on the Housing Commission from April 11, 2016, through December 6, 2017; and WHEREAS, as a member of the Housing Commission, she contributed to developing and recommending standards for occupancy and maintenance of housing for the community; and WHEREAS, her leadership and expertise have been greatly appreciated by the Housing Commission; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Kathleen Nelson is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered to the citizens of Brooklyn Center. January 8, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Cirii©il Ar1lld1 ]Itrn No. Oty Cwil Afrndu lIfrm N©0 1©a #1 i[i1I1[iJ IU I I M LA I ak'A 0) 1I )lSk'A I DATE: January 08, 2018 TO: Curt Boganey, City ManØ THROUGH: Michael Ericson, Interim Community Development FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5323 Brooklyn Blvd Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5323 Brooklyn Blvd. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on twelve (12) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 09-18-2017 The Owner, Cosco Properties LLC do MSP Home Rental, applied for renewal of the rental dwelling license for 5323 Brooklyn Blvd, a single family dwelling. 10-06-2017 An initial rental license inspection was conducted and failed. 12 property code violations were cited, see attached rental criteria. 11-07-2017 A second rental inspection was conducted and passed. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EII]iJ[iJ I N I I 3k'A U I Dk'A 0) t1I WJkA I 11-22-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-22-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-05-2017 A Mitigation Plan was submitted. 12-26-2017 The Mitigation Plan was finalized. 12-29-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 08, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust EI1IJ[S1 I R MA Uh'A I &'A 0) 1I 1BJh'A I expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1SI(SJ i I I MhYA UYA I II'4 0) t1I IlSJh'A I i 1TflU ( ii t44'&IJ'T 1 J (tT TT U I1TZwu 'iw I tIIIIIU] 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. fktission: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of ilfe for al/people and preserves the public trust EI1SJ[i1 I UI I 11k'4 UhYA I M LU UI 1IA'Ai Property Code and Nuisance Violations Criteria License Category Number of Units Property Code Violations per (Based on Property Inspected Unit Code Only) Type I - 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II —2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). 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 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [S[I1BJ[SJ I U I 11Ih1'A UL'A I ML'A O)t11I IlUkil There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive COIflhiiuiIitj' that enhances the quality of life for all people and preserves the public trust - DMIMING ANDLâ)* II t1 CENTER Typo 1V Liteneze, wE)! inal h@,p,=p je d_ A ThlEible form ca n be found on th wbHr or iI (76), i33U to have an e ladrork-col)VIS P.M1 0 you V2 Wfl1iI. pjpjfty 23 tQ. M'n anulavad, Orch*j1, cIr Fcli'33LLC 1h 'Adi - ' rntLrc PThr -i -• Fmh, MM E64 4 6 O ww rs P: Qwr E-mail: Cirint Expiraliori D.91B: wcii LI M1hffc Aftent's; Address' 120 CiIiii Po i nte çjjr 512 A g ents Phc!nB: (6,51 )797-6 0 1 3 Age nts Ernll; rr4rn P?ndir EtirntDole : *ii Cc" ix I1m crt on prdp e rty ca ndibmsa ndla validated p a llc.,e rwis mue Inc ide nts , t he Bbci'Ie xsferenred pro portj r Tp F1/6 WktiTh Remo Lenge. Prior to applIca l lon appro val 'by City Ocin aft iIy co rrpla ted, M z.1in FIr) ell uL be ltJ 0 0 rutd bCiLy s- 12 A MO aiii Plan mum be co mpleted imrn3ay in ord e r ' e nsure ilniely cornpi e lidn ofihr li co n se ppUon poo. The MtIa1iori Pl a n shDuld jrLdicia. a the Exe psbirl taken to carra ut idnli1iEd i'trtdlJie mem urs that iMlI b tskentoensieoiioIn on1pTne wlh City OrfJl nsi A 14 13p lion PJn allaws Me aww a N Ube Ci ty 1 le kw cjo nc_'^M$a no id&ni1y pThf DiuDna to iripru ov e r-rill wndifi o ft ofh? pripirIy, I f Thu Mi1bi PIam ir1 submitte d, End En ftinis are i't Wmpl e ted within the pemling ftense p8rkd, 01 tha ataw B properly 13A1d !he IIne eplrstin date, fürcenint tbn auth fcirnI: cumIsinl r I i tE rWe r'%' hwj rYiy Fu1l. Bifcr $1'brnI11ing, fin m3 Sçkn A itidJ o n pg 2 4 ic1 F.i4 e 1( - - LFi,i Mattu11 AM Re i' 414 CE15r OrMnOi4m LMng aud VamnvL 4 EiLLi 1Dp1in I4 1 Y;Ii 1 Bl]li•C AND COMYT]NETY STANDARD S ENTER razkti EUu E(cicrI CnLr R1 Lrcc Migth Pi Type IV Lin 1iis $Crhte Nee kfous;ng PAVrarn Requireareeft PtieI i U Ia!e agreri'Ieffl. The lema agreement Mail fnicktdr, V4Crirr Pre Hrmalrg Lea, Addinthirir A copyt the agreement nd C1rne Free ith LaeMdndum must be attachod to lhu MiiUcfl Plonwhib 2) AgrriE to pursu rnirtz1ii'i or lepEeagreement or evtctian of lenanis wh' Viobto 1he temi of [lie leEGe ac.ery BddriciurT1 2) CJuctcrinninl WiAgeound thefril rw prpecikie tenzri flfi1 urrr1 iern H new bkrind OwR is r.i required. Mum be able k PTovido dawrilenWHOA 10 CJtV If requested, 41 Aflertci a City trveJ ht4urCrirne Free FlDutsinp r.ir*cj Jr' Iriraa1Ian f apprud courses can .n!fIpan91 under the TraThfri A ccpy of the Crie Prime Housing C ifkiit imt hi. ottaelled ki' the IIgtlün PJri wiii fs6bffiiiied. Crime Free Hminlg 1rinir wccnipIeLed wFisscheduled for: 2MLVIG 0%%T!dr".99iW;pj1ende&is planning to eL1eri training tii )abm11 MMhIy Update ty ihe 10'h day cf earh mor4hr Phase 11 1i Complete a, Security AErncJrfl OW Oplementimprvverrznis reqt1ed ' t1 Brkin OenierPalioe Oep2rfrn. T th an initbi or lullow-up Securitty Assessment, call I7 3344. AfI1iw-up -€srniant MU. big ççtd before he Iiirie expirvijon di ver1fy the ecriyirnpm'iemeriis have bri lrnplemerikicl If m secumy Assessment ha been preiou1y camp d 1 wriIr was completed anks schEodffuled fr1/I Ei2smnE'nt oIcei-up W CZIfl 1tI hi3*d t_________ ebkiflHue Sections A. Phase Ill on page - TJV R-J Li RIO FAirt i 4- r 5 cay ant C an Le Lith O1 sCrs ik ,Brclirucrtt.2r, k'J4 aP1Bi 39Jt' I ITii 1 FS- Section —Cr?tG Fr F!ti& Prp Rrnt (contin ue d) Phase Il 1 Owner or argeni %%di attend at mirrrnrri 560% (2),of the kRi1 meatirips,Th Vn ee,tivigs muL be completed wItlii itm renRI license period Brid b0oria Ih p -. Te N Li1sexpIatIundaPe. ReItrtIun [a nut requlr&I, VEiyOU mnsl:sign-ift duripa Th rriee1In. V'.r1t'2 twc rne4Jng dat n cm mBr c" plan tc tthr ARM flif 1117 arldiel 108 2] F.--e no repetcade vldatiom prviouI cI1Tnented with 1h The ft cwth!q adionsuro r gCjU40d fr t1*iEh Mur or rn&e unft. EJ 1) iduc resident training nnuI' thatl includes riri prvnIk'n iectnIquin. LI 2 Conduct regular riFdrfl N i area I 444 4iy Bxatyi. u,a mtiuthty purp to ti1 1n!C1 1 I3D 1 1D:Tf I I FaJ?U BUILDING AND CONDUMMSTANDARDS R&IiYN I1Jjn Ouk-irzI 1 RitI LlcenEB MitI1On Man CENTER Type LV Bd cr, ndiLk'n nd age. Eistimateo teplawrnenl ,dales need to be pii for COI1TflDfl ltamG. Itunding thouI W coJitdBpud ürdlr1y. itevri that re brc'kn, worn, ir aherofise in (csatk1rjdrjr D the. 0m1e rpIa'nwi1I ri?Ed to b edi Sooner. All ReMS mL 4E MB for EiEV e v nrPe,. tt u;h"unsure', Jthnrt knw or whn brikflf' wLIL not bo Occepte& Ii Pu We ururI3 of whfwba item WllneW IG b iepId, you cz'ri ff1ko i pfedIction La?I on tt g?, app rie, umdiffcn , or mnifr&induT rnrd21IOfl AddI!iöit Infrrathn on Epe.t1 Useful Lik can te found al Date Last R*d •Coiir Expected Rp ieirneNt tIItc E%: wrfreBkr My 210 F May 2121 Fu(MCO ni25 t VtrrEetEr Kitchen pp1inc Laundry Appliances - n1ak9 AlrrflSJ Monoxideçr1n Alarms N r1I G 2020 RDDf Fn w, shed - -- 2I3t Othrt_________ NwiP1 11iL UL4JcTI 1iid&rth PnbnTh1 n' I J mii J - ETTMDING AND CGiMNflT ST ANDARDS Tch1 1 Typo EVLft.en:e Bt^-1 ER Improve Miri ndk fPrprfy The Items En hI Jxrn pro ven io BEtLwltI1 rpm pertjl rn r,mEntaJId property The fIUow!ri iit re quired -, j 1) G c*-iriith ten a nta ee'y J 2) Nve by prri ki ch eck ror pIbki ocde 4a1Iur. 3 Evlt tenM In v M-Mirin c I th ellleac'r nny a dderuft1, 1} RE'fr1lfl c uFra nt Ni a ll 01/ fees, tJE-s, asses-menta, 1nE 1 W a ltif.-s,and r1Fwr nank,J doim -sip ayrn e4ki dui to ihB Ci1y [ ) Other;_________________ The 1o116wn .jin v0nLai Lq n [&E-s requ I red by the City, El I piovie El 2) P E 3) Inge! Secuftayslem. El 4) FMVFdr, mairlenance servica ptn for ppiiô, Name of servi m-cororoiny:[] ) Other:__________________ ir 1ti Te IV Mni Rcni1 Ln aro'ed y ie CILy tflci!, lh se e mu cmg Aih Me appmved M11g1lon Plan M ii CiL Code s . AwrIen rep a rl rnLJ b ubritt& brut 1y of 0 -ach m o nth wlIn update ng Wk e n byth awnr doi FILt Cumply with thIs M1ctIian fl.. Acij of the-Fiihiy Update ca n be found on pEs 7. AThlb1furncri ftiUri on 'the Cityweb1te at wwov.6 1yo rkI nter.or or cAl T63) 5-30 10 h 0, vc, an 01 W ron Ic copy semi to you via eri!, Ple as e attach addl i tonal lrfrmtin if isary. Ty r JwiE' MLii Fi. Raw. 4444 C[y D14 e'r uit'dn aTi Commumfly 1wit1 1WN kI JRr ECiJpi1Cfl S42J-19 I I TW711 E1JILII Dd&N Rental LICOnse TYPe 1V License I !k9riy U1 lI 119rlrmiiDn pru l4ded i rtrc ir4 accur1e_ I uind that If hin , not comply worlth ihepprktJI MijtIi Pn, cmp1v /iIh ir i1rii, WIANri Me liumse ptbIi, c -Ppewlu band We-license expatIon iii rcijrmn aiIon auth 'rni a Iiiri orIin rewmay reiii1. MchanI Oiiro.rAgrnt Nmn ni;il fl VLE 1Ypp&fflj Pap Nkaa 7 Othi .r•' . . ii(and Ciy..vuj.rW. Frx.'.fvu: I::i,.1ffWi? I flif 9 17 03i lJi a11r rrvnit 1Lrd Drlmqj I CDy Cmmfdi Agenda, ]Ifrm N0 Hi #2 [EO1IJ[ I fl I I ak!4 U I aI'A (I) 1I IlIIhYA I DATE: January 08, 2018 TO: Curt Boganey, City Manager THROUGH: Michael Ericson, Interim Community Development FROM: Jesse Anderson, Deputy Director of Building and Community Stand ds)Z1't SUBJECT: Type IV 6-Month Provisional Rental License for 6300 France Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 6300 France Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type III Rental License. This property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 06-20-2017 The Owner, RE/MAX Results and Green Homes, applied for renewal of the rental dwelling license for 6300 France Ave N, a single family dwelling. 07-13-2017 An initial rental license inspection was conducted and failed. 9 property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that en/sauces the quality of life for all people and preserves the public trust [S[I1U[iJ I I DWA UhYA I IIY4 (I) MI I1IJ I 08-14-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 08-31-2017 The previous rental license expired. 10-09-2017 A third inspection was conducted and corrections complete; however, reinspection fees remain unpaid. 10-18-2017 A $300 Administrative Citation was issued for operating without a rental license. 10-26-2017 The $100 reinspection fees were paid and rental license passed. 11-09-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-09-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-27-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-05-2017 A Mitigation Plan was submitted. 12-26-2017 The Mitigation Plan was finalized. 12-29-2017 A letter was sent to the owner notifying that the hearing before the Council will be held December 29, 2017. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust SIi1IJ[iJ I U DIk'A U'A I MhY4 [I) t1I )1IJh'A I regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Ii[I1SJ[iJI Rental License Category Criteria Policy - Adopted by City Council 03-08-10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people widpreserves the public trust i1Sk[J I fl I N ak"A LA I akA (I) eii WA1 Type 11-2 Year 11-2 units Greater than 1 but not more than 4 Type III - 1 Year 11-2 units Greater than 4 but not more than 8 Type IV —6 Months 1 1-2 units Greater than 8 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). 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 or more units Greater than 0.35 but not more than 0.50 mmDecrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [[I]JJ[SJ I fl I I MhYA UhYA I øh'A (I) 1I 1BIhA I Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment Mitigation Plan Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust nwri1tw UhIgivikin Plarm MY n W bQi;mPqpfod. A Mb k 1rnctii bg FO UrLdon (h (763) E 6 9 -333 0 to hwid an 9lrDnIiy serd ti 'la.EmBI N o m- )1 98 1 6 NI I rA 4 1 LL iiérMdre P0 Lw511 O'iir PhD {702)27.1 :cners Eiill: dJiicim Curr4nt E'rii l.:c:ai AriL1Hi; .J::1 1IcI Ag e.nVs A dd lresm-JANteH F.ñ. LAN kEiIL (ril•) 2I-i1 1.!. P1idIn9 Epiribxip D;Le BI!Ecr'IL LE. Lfft4I .ipi:i1 r aedi'i prQr1s J hiffoc V4&lid&IE-d p o lice nu anw irithnE th thnd riir a type IV-6 Minth nl1 Lrz Prppas3fl apgov al by the Cy cu rill a Mlr crpII FAH 9 MIN Plan mui be romp'atd and pprQ ic by City a1T I mia^u tm Pl a n nivat be. complaWd innfri edi6t^iy in OUI&OeJ1iJr IJi&y cmpIakn of !he I.ii pplabri prce Th Miba1lfl ilan sIukF ,ndico th birtq 1kr Lô Corre ct tdenftflEd I.1Jc!n said 1l' measiJr' th wit b eisire cingoln cinipllance with City OrdinnC .an pplicab Inde A Mibgallc'n Plan kry thy iir nd C1y r1er nc.err and 1iFjle soUlDns to imprvm gvetallfldlliQfl of the pciperty If 1h Min PIui Fs nt1 and II ftn ar! iot rIeiE whin ih pnm Lcr Plp.d a'r the o'ie prope rty y'riE the IIcen xpra4v,n db±, emfarmmenl ac tionsE.uch ss dd aiiom, 1onT1l irnpIn1 or fimso riw may ruIL ! c kxtudon pa nc & CLiE Brlm ç LiJ11ff EflUI l I 11 I8-9D TTY:711 I F oil - 1 Reutall License Mitigation Man ICCENTER ónA,Fr FhM Z 1) Use D wrtItn Fim a1hL The ie ag reemeng BhalI hieWde iI'e C-MW Free iirig Lease A eniurn.. A copy oft he lea^se ag mennent o nd Crime Free HgciFn Le Addendum imm b tt hd 1h M ±1Dr Pn wEmn LJbmIftd Me 2) Agriipuitue kirriJnaflan or Ie-aa agreernerIorMi the terms at the lease 'r my D d dc ndvm s , ) Cbriduct criminal bnkg ro uW che ek. for al mew pr Dspeellve tenants. ]VII Iu a virsmt 1rriI a new krCEtfld check Is not rqire. PAtt be RVa to City If requ*t, 4) At1r1 Pj1 rwM eIt-Piour Ciinie Fr rijriin cciwr, kir prd ur&tan bi ni4 urLder the r'thiip Eve nts tab, A c o py ofth Cri Fro 146 ut ing the MRIg!Qr1 Jmn whri uIied Cirna F kiau t ir4 Iraming was cam$atodl on'I ch u$rfir ovjhi^e eriavendfl di% pri,iri tu;ift nd t rai CMg A l.II1Y a?: j 5) SAMIt IVIDMMY UPOV tc bt1h. tU h dyoteach mDnth pha s e 11 1) riptE a a nd Inipkirnt ffm!1t r uq uc*l ud b-y BrIc1yi C"t.^r P oline brlmen. To nifliI or ?Ilew -iJp &cur' A$tTI, ta ll (Th) 56M344, 1 Up;H;teS;M M0ht mtbnØa* be fore the IvnepirMiori dS10 to livrIfy the Ruy1rnprct. nIii hn Imp leme nted,I ctirilyMit1en ha been prauIyonpIwrH ft rrMkrL 4obt. .F;t&jri ty Asses sme rd was cwm ld W *pa sch ea uled for: eirity i$eted owls rA h o d*d Fcr COt1IffL 5t19fl A PJaø 01 a n r Ikr1I ycE dTxL Ct uE1din CAm=nmLkdLV HLa-wasd-% DaWrn umi irrrr eV ikPark 154tL21 M 330 TLY71 L FR WULDINQ D c OMMTW TU%RD GKOYLYN IF Rental F8rbCENTERTypo IV Lkomm 1) Qit cu bL W31 Oefld M mEiIrnum 5cWO (2.} of the M9..M. ni11na. The AIU meetIngs Fr4ust be compleUd wIhin the rn Hcu jri ufre th dfftg Type U'lLicense exp1rtIon date. RWIlsirallan I's rtit rquIrd, hCeemaryi rq' qin &riq ihe ntir. Imile mD meering dales an owner or agent plan lo a1Ler mdng 'hdurd end _________ 2' Have rp rpa1 reOousiy dcurrienteMlEh the past year. The d?tih H't quIrd fi prpr Mih fQur(4 qiicn UEII. ?1 1) Condud rr4 irgining ãh31U/ thai InrIiJeu arm prevention tecin1qu prJ ruIaf intmeLig - (4y ii %%w.yd11flLW iGkFr k'Ir WH211 I FI141E [Tf-D I TTh7I1 I E.x !gd gl Irn. FIW Window s R Of Fn Shed wuplic Qrivaway 61d ev ai l ks Othn ism - -- .. .. 1 iE1 ii $nn Ala rm sO Crbn Mono) Inrrs i?:!17 P may 22O F _____O2 G 2025 F I*m n: W' Hr Furomw rHee kc-hen ApIinc Lvndrj/ Alai. Da te L a st R1 loop mf 0 2UJ 21 Far-47- BLa1771 1r IMn 7UnSdDmF &WM&ftk WwN. I' AJ 1 TIY;?11 FA^c EA - UThD1NG COMM1JNT TANDARD OOEIIIN rnI Lkae Mfln Plan Type e1n8. C—$tp. MP Miii The items lit IM2 sectoon have been pwon to wilh Onvcrly airproperty I m a ge. -rhe Rd1owIn c1wi 5 ;3rq pptlbrmt unlesaquIrd by t 1} Ptavide lawrUsnUN EEri, U 21 Pra'iideIt a Fill cuti thyteni. 4) Pwe naInterinrA, mrvite plan far sp*rrses. NBrnrvic crnpa Rua El V Me Ty W-6 ftionUl RriLiI Unis apprvecd byih iIrCmI1 the Ioanseemust ownp l wth ih prd MLiein E'Inn 8nd all ppiib3 CiIr Cad en - A wifitteRIBPOrtrnwAbou riIii by the 1 GM day if ch trith with enupdatepf ROwaS, btlng ,bkah by the 4WflEIt Hdort1Irwith We MtII1csn Fir- Apl the Moa1h 1Jc cm page 7 A filabb form wh b found OIL thB CI wuIp!gW a c ca! have an efortroijig cpy aent to you via em3il. .&11th addlilmall Ifr i1rii If Tpp p jvRAqjv-jk rnsD Mitnian Pii. CLE IThzurkIym r—uMth M CurnrmiiEy nd D11it 3U1 P7&i1 ii. 0 Ffl3)U IRC Ramt Llcenae M]tItlori PlanCENTER Type V LFcnic icI Vntif 1 'terty thai all Infrrron pr-Mided Is tiii ivi viccuratc. I undrriI ih if I d r Grn* wllh iii opproved. Miliaiii PIJi, Oin1pIrwit11 all Items vulthin the Ucene prkI, oropereteiayaadm E6A-nse expiration dale, enforcement n irh as cii'i rmI compbir4s, DT ic'n riaw may ruI. IJ4iJ fMriIM1nrn W M fP5 ffiU r 6 mrt r cc A ged Nam l WbJ 1Av 11Y I y$Fi Q* (2.. 1 Pzke CL.tIIYfTflErlIl IDOA "I L 'I - J?T/i VJ i]1Ii.. 4 City ufHzozk5yeL L Bu.Ud1riV an c491Ir'u 0 Ui 9 to rig Cci+.Pjihj E - I1P3 !' I lTp' 711 City Ciril Agenda Hem N0 i©i #3 [i[S1IJYiJ I U I I MA U I M 0) 1I asM1 DATE: January 08, 2018 TO: Curt Boganey, City Manager THROUGH: Michael Ericson, Interim Community Development FROM: Jesse Anderson, Deputy Director of Building and Community Standards 9/m^ SUBJECT: Type IV 6-Month Provisional Rental License for 5351 Irving Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5351 Irving Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type II Rental License. This property qualifies for a Type IV Rental License based on eighteen (18) property code violations found during the initial rental license inspection and zero (0) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-04-2017 The Owner, Douglas Allen Wahl, applied for renewal of the rental dwelling license for 5351 Irving Ave N, a single family dwelling. 08-28-2017 An initial rental license inspection was conducted and failed. 18 property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Iii1IJ[iJ I UI I k'A Uh'A I 3I'4 [I] 1I IIIJhYA I 09-26-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-10-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-24-2017 A fourth inspection was conducted and corrections complete. However, the $200 in reinspection fees remains unpaid. 10-31-2017 The previous rental license expired. 11-06-2017 The $200 reinspection fees were paid. 11-22-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 11-22-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-05-2017 A Mitigation Plan was submitted. 12-26-2017 The Mitigation Plan was finalized. 12-29-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 08, 2018. If approved, after six months, a new rental license is required. The license process will begin in approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [i[i1BI[iJ I I I DIhYA LA I øk'A (I) UI I1IJ'A I 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5.Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that en/lances the quality of life for all people and preserves the public trust [i[S1IJ[i1 I fl M'A L'A I k'A (I) 1I 1BWAJ HIM WflI F (ii ThJ!4iJ''1JThT 1 4'tY FTT I ZtLsii sri 1 tIIIID] 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2, Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EI]1J[IJ i N ak'A S'A I 3I'A 0) 1I flJJIY I Type 11-2 Year 1 1-2 units I Greater than 1 but not more than 4 Type III - 1 Year 11-2 units I Greater than 4 but not more than 8 Type IV —6 Months 1 -2 units Greater than 8 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). 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 0-0.3 5 Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Tl'Iissioii: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public/inst EI1BJ[SJ I I N MhYA L'A I ak'A [I) 1.iI WA I Budget Issues: There are no budget issues to consider. 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A4pyf1Jor 7 Aj(eL1e1ciiin ca n he found a n the Ciy Ea1e t'' ha an B1E Iron pEIr1 tyouvia eniIi. hlthil wr11ri pO r54 r. 4ng tBn by th i Mzintii Updt can b8 found on c I tydb Pi ymmn t^ myn or eAll PloavvNI RCh Oddlopm o r Ifr'i'ri 11Lc111 Am. J ili ''f mpn zi SPL114 11I k N ikEJ'U -1 lll Pni i)li I i1ii : 4)rj ';'sWP rjt'4 i ! II}t;*I_ILn;1 1I&12LL __ I tiit IrTrlJtr'Jn prDIded L FtUE rd 'urat' under8 and ih III do riot ccmp1, V4IJilhoapprohtEd IA Jbj. FIr DrTp1y MU1 211 IIerxi iIhin [hell cans e rJ or opgrii6 beyni lh11cefl63 exvpl lion eaNy, a lDn f i c'rnpFijnt or IIcnBe rIwry tea UtL Etiii t Mr'1 k 7i fPk Pl L4 1If2ci7 - AthL"gjy age nre th4:. pn-;i 1 -4ty z—J g üiL c 1I41Gti1IEI I Fi TTY.-71t I Fi S5O Oty C©imidil Agenda Hem N©0 1Oi [1i1IJ[iJ I fl I ak'A LA I ak"A (I) 1I I1BJ'A I DATE: January 08, 2018 TO: Curt Boganey, City Manager THROUGH: Michael Ericson, Interim Community Development Direct 1 FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 5350 Logan Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan and issuance of a Type IV 6-Month Provisional Rental License for 5350 Logan Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for disapproval for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous rental license was a Type I Rental License. This property qualifies for a Type IV Rental License based on fourteen (14) property code violations found during the initial rental license inspection and one (1) validated police nuisance incidents for the past twelve months. Staff from Administration, Building & Community Standards and Police Departments worked with the property owner regarding a mitigation plan, which requires Phase I, II and III of the Crime Free Housing Program, and other items included by City ordinance for a Type IV Rental License. A Mitigation Plan has been developed addressing the requirements of the ordinance and any issues specific to the property. Therefore, staff is recommending approval of the Type IV Rental License on condition of adherence to the Mitigation Plan. Please refer to the attached copy of the Mitigation Plan for more information. The following is a brief history of the license process actions: 08-14-2017 The Owner, Manoj Moorj ani, applied for renewal of the rental dwelling license for 5350 Logan Ave N, a single family dwelling. 08-31-2017 An initial rental license inspection was conducted and failed. 14 property code violations were cited, see attached rental criteria. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of ilfe for al/people and preserves time public trust I[I1BJ(SJ I V N DWI Uh'A I kA (I) 1WI I1Ik!A I 10-02-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-17-2017 A third rental inspection was conducted and corrections complete; however, the reinspection fees remain unpaid. 10-26-2017 The $100 reinspection fee was paid and the rental license passed. 11-09-2017 City records indicate 1 validated police nuisance incidents occurred in the past twelve months. 07-29-2017, burglary 11-09-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-27-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-30-2017 The previous rental license expired. 12-12-2017 A Mitigation Plan was submitted. 12-26-2017 The Mitigation Plan was finalized. 12-29-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 08, 2018. If approved, after six months, a new rental license is required. The license process will begin approximately three months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust kI1IJ[iI I U I I ai' LA I I'A (I] 1I I1IA'A I 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an a#ractive, clean, safe, inclusive community that enhances the quality of fife for all people and preserves the public (rust iEIJIhcI1 to l i VM'A UI'A I aI (1) 1II I1IA"A I Rental I License CategoryACriteria1Policy — Adopted by City CouN tII}WLC 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public Ernst but not more than 3 but not more than 0.50 Greater than 0.50 S[IJJK[J I fl I I øk'1 'A I IIhYA (I) 1I I1IJ I Type II— 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) 1-2 0-1 License Category No Category Impact Decrease 1 Category Decrease 2 Categories Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust ['J1Ih[iJ IU I h"4 U'A I 3k'A (Ii 1WI 1BI'A I Budget Issues: There are no budget issues to consider. Strategic Priorities: e Safe, Secure, Stable Community Attachment Mitigation Plan Mission: Ensuring on attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust rt PY4 41! i riTki rm i found vLIte at iWi r tII (763) 5693210 to he an eremowa rpy seftt tci trerty Addre 5LjrL n cr Mn neil's N( F4nl i 'LrL 0wrieftAdd.ress , Eq3aCuuSSIraqmQn EDEN PAIlE MR 547 (''n€rr. Ph ,.qiEI: G I i jI.%'(Is, EiriiII: I'ur:iJn.-i1imrj!..r,ra Lr.rint Epir.aik'n [Ia.a: ii ] LIAger4i): nnE; rji AddreBs 2114TBrcriCenw, MN genft Phone: MZIMD 174 Ag-, EtVii 13aurbn-hnmnz1 Pendfing Eirn t)to cfr Jmih r ii El-awdipwpurlywnditiom amdkT wfiftied Poke nUhwri inCiftmh, prp'rly tjIir kur Ty IV 6 Mc1h RnII L 11 HviovopHoWivopm.ol Ru 06 Oily Cinc1 a fuffy tompIctcdMilig iIjn Pn must t4 c m pie 1d ond opproved by City SUM P M,1iOm Plui mu'Sit be m31 In1rpdIII i 0 r1 flht Ift P Ii -Wonprumm The MjIiIgin PlEon thould [ndiwte the step% 1wig NaWn to corretil IcJL1i1i Ijrii Will 1 Ikett a eMWFe E)hgOihlaIini iIh CHY Drdiini And opplit-able-wdjm5. P' Mthtwn Ff I10i IN ccr the C 10 uIimIj 1'iiir O ir'y 0hiIi0r 5 t1 prç rty If Mitii Pri ru submbd 1 and zM dcriis am not rrr' WithIn th rthn Iici period, or pICprty bperalm ycid 1W IFr3n!o xpiri1ur th1 cnLicErQr1vth os cthttc,n, frrnnI fliI1xfl 1 or ficanse rvi# riiy ri1, bmItting iIkwt Stelfions A B d C td c'ii pag i•iti. C17eCtErooldynCiexLhUdin uui Cum 1u'idi dnpEtImuD1 E1 Eib Cc Fa1j, a 5S43-2[D I I ITh TI I I Fc I7)3 iK1-1J 1 Use writte n loase agtftrr^w,lffie teageag reernant aKall inr1uth no C(one FreeULHoLhsIrkg Lea se MdQ1duni A copy aftb emiet a nd Cri me Pr Hri Lae Addendum must be affa l;hod ttj tEt TA Ri ga flon Plan when 5UbT1itt 2) /ro p'L!e1e termination urfam rrn tJlf1 1ertaitsYJ'1h e tAwon. fir Ifl e Ile a ae or E3 nyadderith RI S . rijcirirnin1 b ktiurn1 .1iei< a11 mw prtpc.ttvB Emnt ITI1 k Tht tirian-t a 1n o w brUN C-hedk is not rqulr. MUEt be Hbl p 4r1lIan tCity if rquEci. 4) Atte nd a City a pproved 4a i g Who-ulf Crir 3F approve d couTsErs can be found W pa,rel wider the Tra inhv and EvVs IL A py f th Crk,ieree Hu1n Jfl41i tthed to Mitigation, Pi on aubmiffed, Crime ittee HonIng tcalng wa mcl Wis sCheduM for Owner cc anll adr,-WOAS pt a nning to atte ncl tra ining it city of'. } SuLnit1cirb1hiyUpdate by the 10 14 iuciiih. 1)Complete a SecudLy AinB11i and ipinifl unpr ove ments re clLreste d by th e Brook lyn Cenier Polir DBpdrrrnnL T* sched ule an ltkfallow-up Souudt j ii H 5643& A liiw-iip niiit be c.oniplted for th (it xplrtlon date to inprmerts have be a n fi,mpteniente d. If a SecurTh A s*4D*3nv-At h a s Iiieti preau&?1 1wrp13tEI 1 it nploria1e. S uuri ty Assctsn-4-nt was cineted on l issrh e d oW for. Security Assessrnenl M, WIJI y)ais ornpkied OflJ1 EhdJlid fOr; Continue 8t1n ? P-h lit pe a'ThaI Uis MAN FMr', Fi 4-tP45_ CElf u]SB4kyn -1in9 goa Ca ma-liti dRy L Ehn Grth 1w.i xhIyn4 I F?1i.0 I Trr Ti I I t72-33' BUIMING AND CGMTUDaTYSTANDMWw- ciLy - RQDFLY LcnnrMy1CnntnrMt Romall Ue Mldgt1Gn PlanCC, - Type VUcne e.twn A=rJrt Fr** NavAng Pfcarsim RequIrements (onTInred) Nie ll i igii rit will aterd at minimum % (2) o tha A.RM Jn 1ET &RM. muL be completed within the ruta pricU O:Md. b*f*ft OWI pending Type N Llene explFatfon data. R!.ira1n is not requIred, 1'yÜU iut eEgn-ln during the rn1irj WrIID i: r arn plan to Abend- Owner or Ouent ili tend ARIA-M c1idiiId riri VIIiIPJ 2) Have no repeat code w5alatium prvijL wlUi the past year. Ilie Ecikwing .acGcina &e rquhd for PrOP0111.10 With Wr{4) iOw MIOM, urklra. D 1) iuntht rekeei trAiing annualfg MA ilAd rri VLcJI1 tethnkiue. 2) Crid'cI rulr den nieett1g. ? IV iii 44.f- CIty of kIyit *tt,'—B1l6ff pnkj CmjiwwtMy Efl1 rEkP3rIN, H jn rP4-1 1 F1Ti-3 Trr.711 iPp '' I) I &tiPRAM- SOOWSTom Ecd on wridifign aro dai1e.s need ki be prcividEd or mmnnn caoml Mms. Furiini thitrI b rdi, rr1hLie bcckii, n, ur otierwIe n 'irAa1ior prier tio lho usWnaiedrepli4ennem.1 rcJ lo be rped ter dU ilerns must have a date for Eaftaied Roplaze-mopf De. Dat u;h a; unir& K1I 'r d1whom broken" wilt not he accepted. If you are unswoFvfic'ri an itfl will nd to t' 'IJ Ch pidkikiii LLad ort theago, ipr4wante, ondilion, or mamfinwrorifidualry rnnorii'rin Athiiiw ird Liin fl LIfUI L!F 'h bi FOttild 1 JW'I.I1Ud.gUIL Rom W14 Last Rp1ed ConditlinkO Expected RepPacement Date Ernp: Kwo rHPit VOY 2010 May 2020 Fiirne G h-M 2E12E1 hj2D2O KiIthri Applin 12-1-17 N Dec, 2 LaundrgAppIiBri 1 H D2t2' Irn1 ,-1-1.71-i i?t'1or I1ir Paiit(IIn S2r2ci WmOws i_1 N ,iiri 2026 Roof -1-21 N Fence hd June 2I2tF Garage June 2I1P Other_________ NN FF 71y 16CRll.(ILth1 Lfii Pii, RAY. 44d.15 My fl1rlym Center—Em Udin amil Commurtk7tiamdartLT. butrn1 Eh1 Fr ,Drc491 M1]L1.21 hc I TTI 4111 Ii BUUD1NAND COMWMLTT sTA1DARDS ROOLYN tJ3LUn8fa4J IT1 Canlar Mh Rrit1 License Mitigation Plan Type LV License dV'rify I vri1y that all imfurmaiim provided Is true anti GCHrI. I U land tha1 if I eb rt xinp' v1tli the prod IVAHipflon PIri, carr* with all Mmn W1hIrL me j?iod1 or operate bycind the Ycm.w mViraflon date, erhforcementtidri uch as cbflwi fniriI cmplaints, or license reiIe may w6vult, Mop pr!çrIty Kknanor TWo Ain ifr i21 U17 r3I S!j1TatEff 4 1Yi:llllIJ Or 4( kwro .i1ij Til4 61i*b ddily:;& L1 wn a oir fir yS4fiTy .. i i Ii._• ''..'::' Pci.'i:e &LLj'r.ci; f •d I 1 -- I - .1_i • I' ' 1 J 1 j. Fzrffa 444E CRY 01 1vd C'pnvmUmft7 Stam&ulrs Di3pattmemi Mi Ei 1 Fr.L?--'fl I TTY 311 I Oty Co un A©di I[tem N©0 Ha #5 IEI1IJ[IJ I fl I I MhYA U'A I DI'A [I) t11I $1IJ'A I DATE: January 08, 2018 TO: Curt Boganey, City Manager THROUGH: Michael Ericson, Interim Community Development Dirr& FROM: Jesse Anderson, Deputy Director of Building and Community Standards - SUBJECT: Type IV 6-Month Provisional Rental License for 5439 Camden Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 5439 Camden Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous license was a Type IV Rental License issued on June 26, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The property would qualify for a Type III Rental License based on eight (8) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. However, the owner failed to comply with the Mitigation Plan and applicable Ordinances, specifically failed to turn in monthly updates. According to City Ordinances, if the requirements of the license category and the Mitigation Plan are not met, the license renewal category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental Property to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the continued Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. !Iiiss!on: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [IO1lJ(iJ I fl V 3J'4 L'A I DIhYA (I) WJ I Current rental license approval activities for license that expires 03/31/2018: 07-21-2017 The owner, Noell McPheeters, applied for renewal of the rental dwelling license for 5439 Camden Ave N, a single family dwelling. 08-25-2017 An initial rental license inspection was not conducted. No access was provided at time of inspection. A $100 reinspection fee was charged to the property. 08-28-2017 An initial rental license inspection was conducted and failed. Eight property code violations were cited, see attached rental criteria. 09-28-2017 A second inspection was conducted and failed. Two new violations were found. A $100 reinspection fee was charged to the property. 09-30-2017 The previous Type IV Rental License expired. 10-05-2017 A $100 reinspection fee was paid. 10-12-2017 A third inspection was conducted and failed. A $100 reinspection was charged to the property. 10-19-2017 A fourth inspection was conducted and corrections complete. However, the reinspection fees remain unpaid. 11-13-2017 A $300 Administrative Citation was issued for operating without a license. 11-22-2017 The $100 reinspection fee was paid and rental license passed. 12-05-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-05-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-07-2017 A Mitigation Plan was submitted. 12-26-2017 The Mitigation Plan was finalized. 12-29-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 08, 2018. Prior Tvne IV Rental License annroval activities for license that exnired on 09/30/2017: 12-13-2016 The Owner, Noell McPheeters, applied for renewal of the rental dwelling license for 5439 Camden Ave N, a single family dwelling. 01-18-2017 An initial rental license inspection was conducted. 14 property code violations were cited, see attached rental criteria. 03-10-2017 A second rental inspection was conducted and failed. A $100 reinspection fee was charged to the property. 03-21-2017 The $100 reinspection fees were paid. 03-31-2017 The previous rental license expired. 04-04-2017 A third inspection was conducted and failed. A $100 reinspection fee was charged to the property. 04-04-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 04-04-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 04-11-2017 A Mitigation Plan was submitted. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust [$1S1IJ[* I U M ak"4 LA I k'A 0] t1'Ih1 IUJhA I 04-20-2017 A fourth inspection was not conducted; no access was provided at the time of inspection. A $100 reinspection fee was charged to the property. 05-12-2017 A fifth inspection was conducted and corrections complete; however, the $200 reinspection fees remain unpaid. 05-16-2017 The Mitigation Plan was finalized. 05-23-2017 The $100 reinspection fee was paid; $100 remains unpaid. 06-12-2017 The $100 reinspection fee was paid and the rental license passed. 06-19-2017 A letter was sent to the owner notifying that the hearing before the Council will beheld June 26, 2017. If approved, after six months, a new rental license is required. The license process will begin in two months. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [SII1BJ(SJ I I I Mk'A Uh'A I D1k'4 0) t1I 1IJA I and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust IS[I1lJJ I fl I k'A UhYA I(I) 1I ilIJk'A I Rental License Category Criteria Policy - Adopted by City Council 0308..10 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances (lie quality of life for all people and preserves the public (rust [EI1BJJ I U ak'A I'A I MYA 0) 1I 1iJk1 Type 11-2 Year j 1-2 units Greater than 1 but not more than 4 Type III - 1 Year 1 1-2 units Greater than 4 but not more than 8 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). License Number of Units Category No Category L*2 Impact L! 5 or more units 0-0.3 5 I Decrease 1 1-2 Greater than 1 but not more than 3 Category 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 1-2 Greater than 3 Categories 3-4 units Greater than 1 5 or more units Greater than 0.50 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust i[I1IJ[iJ I fl I BkTA LU ak'A 0) t1aI 1PJYAI Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 5439 Camden Ave N 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 APPROVING A TYPE IV RENTAL LICENSE FOR 5439 Camden Ave N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 5439 Camden Ave N, was issued a Type IV Rental License on June 26, 2017; and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and completion of Crime Prevention Through Environmental Design Requirements; and City Ordinance Section 12-913 requires submittal of monthly updates; and WHEREAS, the property owner of 5439 Camden Ave N, Brooklyn Center failed to turn in monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 5439 Camden Ave N, Brooklyn Center, MN. January 08, 2018 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. Ii A 4111111 IL!it i'p rjfy ' I1 •;!rfll i1 ik 'TPY4çrt k 9 iraffgkm Am N 1- flmjii ç1yr r -. - mnpxd, Lam N 1U P* TraIl 11bI. N S4 {I12 4%44 Oimai' EntI.Ai EmaiL 4 Rat Ii+i:Ii1p u I ! iII:rfj.: : ________ I iTr '1 1 - I iiiI:Iw1 r LI • 1'f ' ________FIFIN amd mllT Th31_r Di c41-21 I I 1T11 I 'g4 dirA" tljr)%4 [i1J INWRIJU4I-O Urna Fiee Hcw&r Irir1g ww mm*Md i1 0004UIad ibt - Ownuff'd r spent 8ndMH pan* to aMgnd Lra1rJrt LU Airfl11y UpdMa'j1h O 1'44y4adi rncifi SEwrtLyAHasemant mw.iip ___ I. 11 11 F p' CRY rB11d k4 Eix4i,ii Du, P.tI 54-21t I TM 711 BUHMING amTsfu)' h MiiJ:-T----!___: I! - I rr:iv!IMI;•rilIrTratunifitL1i.1iFiI1!'fli farpfopeftlea WO______ Wift FVJ pO '1i'jthi;'u t1T S. ty ffigraddymUnn TyZv4W& rI7T1ui 13 PWINIM104M I W;ii BUIUDIN49 i1 LiLIJLFJ Ió IJ 6 1.y-E'i iL% 1 p• 13RC BrogAty'n C-krew, F.IR r,5+-1;* RIWAP U"Oso MMgwklvn Pbn 5liuj- -Ma Ittwfft amms are ioplUoml ufflms requtmd by the Coy. •• !l!1It*:tui.ii'.::ti. Pleam h mddffloml Infonnadon if PAN7JVRtthJ F 4-1,0 kU1 41*e c tIW P{7) J ¶, ?i may Ii WPM th . Wtui Mzic y Piij 1217IY Oda ..-- /xI wAd&ftql -Ir /t_i pa2a Rw 4-U-T a I U-3 11f:li F4fli Cil:y CouncH All'di 1Ithm N©0 i©a EI1SJ[IJ I U I I k'A L I I4 (I) 1I )1Si'A I DATE: January 08, 2017 TO: Curt Boganey, City Manager THROUGH: Michael Ericson, Interim Community Development Dir FROM: Jesse Anderson, Deputy Director of Building and Community Standards SUBJECT: Type IV 6-Month Provisional Rental License for 7018 France Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan, Resolution and issuance of a Type IV 6-Month Provisional Rental License for 7018 France Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan, it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family dwelling. The previous license was a Type IV Rental License issued on August 14, 2017, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on eleven (11) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust III1IJ[iJ I N N I'4 I'A I hYA (I) 11I IlSk'Al The following is a brief history of the license process actions. Current rental license approval activities for license that expires 01/31/2018: 07-31-2017 The previous Type IV Rental License expired. 08-01-2017 The owner, Crystal Brummer/Brummer Realty, LLC, applied for renewal of the rental dwelling license for 7018 France Ave N, a single family dwelling. 08-15-2017 An initial rental license inspection was conducted. Eleven property code violations were cited, see attached rental criteria. 09-18-2017 A second inspection was conducted and failed. A $100 reinspection fee was charged to the property. 10-03-2017 The $100 reinspection fees were paid. 10-11-2017 A third inspection was conducted and failed. A $300 Administrative Citation was issued for operating without a license. 10-25-2017 A fourth inspection was conducted and passed. 11-09-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 11-09-2017 City records indicate zero validated police nuisance incidents occurred in the past twelve months. 12-01-2017 A Mitigation Plan was submitted. 12-26-2017 The Mitigation Plan was finalized. 12-29-2017 A letter was sent to the owner notifying that the hearing before the Council will be held January 08, 2018. Prior Type IV Rental License approval activities for license that expired on 07/31/2017: 10-27-2016 The Owner, Crystal Brummer, applied for renewal of the rental dwelling license for 7018 France Ave N, a single family dwelling. 11-29-2016 An initial rental license inspection was conducted and failed. 19 property code violations were cited, see attached rental criteria. 01-03-2017 A second rental inspection was conducted and failed. 01-20-2017 A third inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 01-31-2017 The previous rental license expired. 03-16-2017 A $300 Administrative Citation issued for operating without a rental license. 03-29-2017 A fourth inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 04-12-2017 A fifth inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 04-26-2017 The $400 reinspection fee was paid. 05-08-2017 A sixth inspection was conducted and failed. There was no access to the property. A $100 reinspection fee was charged to the property. 05-11-2017 A $600 Administrative Citation issued for operating without a rental license. 05-23-2017 A seventh inspection was conducted and failed. A $100 reinspection fee was charged to the property. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people andpreserves the public tiiisl [I[I1IJ[J I fl V V MJ 4 UhYA I 0] 1I IlBJk'A I 05-25-2017 The $100 reinspection fee was paid. 05-23-2017 A eighth inspection was conducted and passed. 06-15-2017 The $100 reinspection fee was paid. 06-26-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 06-26-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 06-05-2017 A Mitigation Plan was submitted. 07-06-2017 The Mitigation Plan was finalized. 08-07-2017 A letter was sent to the owner notifying that the hearing before the Council will be held August 14, 2017. If approved, after six months, a new rental license is required. The license process will begin in immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1.Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2.The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3.Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4.Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public (rust [EI1IJ[iJ i a u I ai 0) iI I1IJ I disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust kI1SJ(SJ I U I U Mk'A VA I a'4 0) UI WJhYA I Rental License Category Criteria Policy Adopted by City Council 03M840 1.Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2.Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3.Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4.License Category Criteria. a. Property Code and Nuisance Violations. Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public (rust ES1IJ[iJ I U V k!A U I IIYA Li) 1I )1SJ I Type II 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III - 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV - 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 51813.01, Subd. 2 (a). ______5ormoreunits 0-0.35 ase 1 Greater than 1 but not more than 3 7Category 1=moreni 3Greater than 0.25 but not more than 1 5 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 Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust [EI1IJ(i1 I U Vi I'A LA I a (I) 1WI WJhYA i Budget Issues: There are no budget issues to consider. Strategic Priorities: Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 7018 France Ave N Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 7018 FRANCE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 7018 France Ave N, was issued a Type IV Rental License on August 14, 2017; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (11) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 7018 France Ave N, Brooklyn Center, MN. January 08, 2018 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. Prtk? drc H On Nni CIy!t Cl ear i1nirn1, LLC Lcca jn): rrr ReSty, LL nsMd.Suilo 1103Blithi PVJ 5i trr LPhiriij; -2O-C Chyner'sErmati: bnIF'fl Curre nt L*raw Pt: 1i17 )1T4rrDr rL8IL6JfJCEa 30860.48 Ar Pr 732&1f Ajii Erri Pending 11550ratban D 1f3111 iskmudn 1rtm ram I W, irawo çr' prrtv wridWans Brxhc'r validated police-nuisonm indidonW, iho above referenced ftTTyEi IV-6 Inh Rental Pm—ria vipplitalion appravg by the City Qiil fiffly Miiiatfon Plan murt he compleded in by CIft A Mi1i1i PIn. must be =nplEW ImmedIaLelIm irnIy flpbticci. fhe license ppIUun prmeas, Thc MiBiion Plan should Irkt th being taken No coffrMjrjrpIjd viataiion. rtct1he me $w Th will b tkn to rure ciralng cpir iIh C11 diri and Rpp1kib cide9. A Mu1ia1i Plr .lkm tM owner End the City ta rew wricerns idtiii1y pccThIe &&-rSwa to lripr roll umMansof the prpertg. If IM Mti PTn I's not ubniiiti, and all ftnireiircI1v4UiFn the perJinq ftenaa pE4rkxJ. or the 3bet)prty .p.perates bugond the Mem l(-Miun diatu, Emf1rcinient ationB auth sa 61allon, faftnal cq Rerre may Before eubnitthi, Jt1uL Stfcn A B an Z 3, 4 j and & I L7M,L!Gfl iar 444 1y44 BroAtyu muiMfln Cóxr i1y n'r eirt v FpIkrr .) -2 10 1 1 I F)M.O - U I I) f!Pi IjjjpJ!L!LJJj w'1• 1 i}.. di A^-Wmv Free Hausing Program RquIiient PhrED I 1) U s e awritn fease2greemea T1e t rLhII I udth' Crirfl Fro Houri LeMdndwn. A copy ofthe lease agreement.arI Cr i me Fee Hun L- Add e ndum must be ttathd la the M iltigalton Man wh e n .iibmIttd.. 2} Au ree, io purua the temitôn or less.-- ggre e nie nt cc eL'kti1 ix 'b 'the Wansofh l e a s e or any addenawwn.. 3) Condt c riminal bckaund iieth ror pIfr If it tenant a new bckound cAea Is M reqUift d , Mt irivi iPitq to City If rqred. ) Attend a C ity apprcM. tji r G O-M Frou Høu'jg IrWiring uoirw, Infomatio•iifor pprovecI I$ mi be tourKI o t WiwMin'pLn[ under 1 he Timiinp andEvnVs tab. A cqpy 0 tht3 GrfmL3 Fru Kpwufng Con i ficate must be -ttbd -tG the MIIL1on Mh Whi ud, trinie Mae Hcukig aiiin wat owfleW cm'i thodud r; J117 Onr ur ago ntaftundeMs pl e nrfing to acend tralning ateiDy dLin ) S ubmit £lonLiEy Update by the tUL d a y ofeach month. Ph ill i pFte np Improve ments req uested by me, BrrxkIyn Ci Pct1 Dipr1mariL To EchEdule a n Security Pinrit. iiff 7) A fol low-up saRessmenUmust be iti'p1d bfhDipfl pri-ii date to ve nifyh seou rityin'1errtB ha lte,fl rnpTend. If a Se w riLy eienl h iP oreviov5lir c omp loted, wft the c ompletion dte urILyAflt1wn1plib3d Wds EthduIad oi witI fed FO r , Con tinue Seatons A, Phase lilt! CJIIi pe 3. vvp2 jV,LLI L Min fI!, Oer. iid prq1 GLr HN6.54U I I rrr I FF47C3J FD 14.T) iJ1th 'IL) I1 F7;1________ • -------- h11cr!U Stiu Actht Pme On uaMly Am g.Fam, leq&rment tJrnad) } Ovrnir or ag u nt will inHund M n,iflirtuurfl {2 ) a Ilhe ARM, meetings, The A.kJM.. mt1ng& must be Dr1pI'tEd withl the riita1 licewse pariod fI Ui peadfrig Type HY Licimse expiraffun dmte. RU19istr -aWn iS flArrile tay i rniii 51e n cner or agent p'ain LQ 2m d ) -ta'e no rep'a1 ocde viDWJDns prkiiy ducir with the pt yr. The olw1nj t1cns are required for prrtkiEi with four 4) or more units. ) Ganduct w3lderAlrBining annuaffyTh2t inckdes. trirte previQntic11niqu Eli 2) IQndLt retr resident m8iiri. i tt id. M! SK:ndu Cr thii cerikr, WH -lB I F7U.) G92) T: 711 I F [?1 iij I tu) 'LPI 'Z 4i JT ij4 1I9 iI .1 I}*1 Ed on mndilkjri age, 1in12ted i. !nntd meed t be pr fr 'rrric'i cpitaI tieris. Fun hitij be considem temathan are broken, wt:,, or u[rth.e In ioia1Ir ptf 1 the clint rp IdaiB neW to te red sooner. All i1wris ThUt have a for tikd Reixf uusur, drt knyP. or bFakee Will inot bg smeptezl. Ff You are unsure d. Wien an iri'i will nd to be repiae, you, wn rrke B pretiiiri bd on thE' ace, appemonrx, cc'rrd1ion, or rnturidubry rnidIln. MdiUonI ircfomi&n fto Ed UefuI Life can be fnd at wwhgv. itm PtLEt Rpla&l Condition'Expected krnntD&tB r'ipF: Water H&ate#149Y 201'O F May 200 Fumwe WE1r Hestr 13 Lsidry ?pIin J 11 1 Br n A. a A] a rm GnMirJe Mums , &cB1 Iti PoinOidirg -N Wndc Roof G ere I'th WA Garage Eid sing thxi Nnr Eh42r2ki Qihor. LHN 4--r i*7 13FEzaakEym C ubLa L'1 I rrvii I FJflfl ZLDflG AND COMMUNITY STNiU S I U 11.14M A N CENTM RQW81 Lit MticJn Paii Typu C—MAS 20 huPM VQ ManB9ejfteH1 On dCdItijt cfPrpny T'P* 11.0nis in ei1k have been prxfo BE1t1lFi PV, p u rty ma n a purteA andprrty lnit, ThO tôUEn Rci]ona ruqWr& i [ 2) Di1 proptrQ C1IçIçfor PDs9lble codu wkitabons. 3 31tnn1 In 'áaIiEion athe!J1y Jtn, 4) Remeln curfe rd on all niitfijies, pehjj, and tli&ifinancial C1afl menigOL.* to the City.LII T1i 'ff3f]P wiftg 2 CIOJt p1k'n rqiired by City.D ) PrcMe Iriaw 2) NowWo qarbepeservcc,III ) fEurhynj. 4} Provide ainLnnc ei*e pIri Ibr apiin. "me 12F nipfl 5) II the Tp IV- MonLh Rr12I LIcne is 'ppro.'e EYyfti Cft Coih, th Iirins rnu1ripJrW11h !hu, E1ppr4wer MiIi ikn Man airid lT ap plicable CIy Gcdas. A wrItieci rprtmuthôIic1 by the 1CI Th cy of each rnth with an t aJh 11rb by 4flndJc,i t to comply with thiB Ultr9ition PJrL A opy of the McnihIy "Update can be fauod orpage 7. A iTLk form can be found tin the CiVs website al wjtAy.cjqtLftraOlyTivarrb9rcfg or call17) PAG-3 330 to have an Icbranic cupy seal fo yuu Wa email. PattcPi awritiomflbii if neceBBwy, pa £J JVr11 F.thi, r CoryTL uflEn tirrnnty Bnn Ftftt1 i Ck P&r, rPj ac1u, rAià 1tJ21iD Jn: (I52 S&1- I TTY: 711 I F.: (?1Thi iIJIjft'I 0 IiEM piij')i,,i ii If) i I& WV 9_41 I !I13I Rn14 Lse Miia1In flan Typo IV License Wgn and Vr tiverify thatall ir*irn&cin pro'tnJ i true and accutnig., I unrtnd Mat if I do not cirnpIV WA1hr'ed leffiflgalion PIn, OxnpTJ wh IWI ite rm whin [hp liwnsa Period, ci beyond thI'-r.erse epIraIiuti tJik,riforceniani. ctJc'n Lh a frmI ccirnpIInk, 'r Iican re&wrny rew1. QW&rnt r i-i F pj tu1! Ewa - —,-1auJa. — o --en run lrrrri A (J •;;2 fiF 6i OtImunr -Date .CI?mPrnLTiIITJV ird fipaztrvia1 w U rc1tnrr r ui Pj [JEz1 I TTY:711 I F:$ta TF N - City Cwnrnil Agnd1i I{frrn No. ib [EI11k[iJ IN Ik7A UYA I k"4 ES) 1I 1IJ!A1 DATE: January 2, 2018 TO: Curt Boganey, City Man THROUGH: Reggie Edwards, Deputy City Manager FROM: Sharon Knutson, City Clerk SUBJECT: Select Presiding Officers - President Pro Tern and Acting President Pro Tern Recommendation: Mayor Willson requests that the City Council ratify the nomination of Dan Ryan as President Pro Tern. Kris Lawrence-Anderson would serve as Acting President Pro Tern. Background: Section 2.06 of the City Charter requires the Council to choose from its members a President Pro Tern who shall hold office at the pleasure of the Council and shall serve as President in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tern of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and President Pro Tern, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. • Dan Ryan (first elected November 7, 2006) • Kris Lawrence-Anderson (first elected November 6, 2012) • April Graves (first elected November 4, 2014) • Marquita Butler (first elected November 8, 2016) Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 Budget Issues: There are no budget issues to consider. b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council members vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. City of Brooklyn Center -4- City Charter Last revised 1012012004 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION NO. 92-262 01-apv RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tern who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tern may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tern who shall serve in the absence of the Mayor and president pro tern. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tern. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23, 1992 Date Todd Paulson, Mayor ATTEST: — ruu,Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen , and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. City C©irtiidil Agenda ]Itm N©0 H [EI]SI[SJ I fl V U ak'A LA i fbi 1I WJL'A I SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Recommendation: It is recommended that the City Council consider adoption of Resolution Declaring Commitment to the Brooklyn Center City Charter. Background: The City Manager is directed to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January as information and reminder of Council/Manager responsibilities. Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a Council/Manager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Chapter 6 of this Charter; and WHEREAS, the Charter requires the Council to deal with and control the administrative service solely through the City Manager and prohibits any Council member from giving orders to any subordinate of the City Manager, either publicly or privately; and WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and RESOLUTION NO. WHEREAS, the effectiveness of the services provided by the staff is in large part determined by a relationship of trust and mutual respect between the staff and the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council: 1.To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2.To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3.To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4.To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain or interests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of Council/Manager responsibilities. January 8, 2018 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. Oty Cirniriidli Agendn Item N0 i©d [I1UIJ I fl 1 4k74 UhYA I 11L'A (I) 1I I1IJk!A1 DATE: January 2, 2018 TO: Curt Boganey, City Manager THROUGH: Reggie Edwards, Deputy City Manag FROM: Sharon Knutson, City Clerk 04" kiitavt SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations Recommendation: It is recommended that the City Council consider adoption of a Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations. Background: Since 2003, as part of the City Council's goal of inclusiveness, one of the aspects was to recognize the various ethnic populations and their contributions as well as heritage celebrations. The proposed resolution would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. Each year the United States President issues a presidential proclamation for these heritage celebrations (except Norwegian Constitution Day and Swedish National Day). Budget Issues: There are no budget issues to consider. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past two decades, with its ethnic population over half of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: African American History Month Irish-American Heritage Month Greek Independence Day Pan American Day Asian American and Pacific Islander Heritage Month Jewish American Heritage Month Norwegian Constitution Day Caribbean-American Heritage Month Swedish National Day Hispanic Heritage Month Italian American Heritage Month German-American Day Indigenous American Heritage Month February March March 25 April 14 May May May 17 (Syttende Mai) June June 6 September 15-October 15 October October 6 November RESOLUTION NO. January 8, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Cndl Agenda llm N©0 HJ© I1I1IJOJ I fl I I 1k'A Ih'A I 3Ik'A [I) 1I L1II!Ai DATE: January 2, 2018 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Rep r esentatives/Voting Delegates for Other Organizations for 2018 Recommendation: Mayor Willson e-mailed requesting that the City Council ratify the following appointments for 2018: Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Brooklyns Youth Council Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Background: Council Member Kris Lawrence-Anderson Marquita Butler April Graves April Graves Kris Lawrence-Anderson Marquita Butler Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Tim Willson; Dan Ryan - Alternate At the first meeting of the year the Mayor appoints City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates/alternates for boards, committees, or organizations in which the City participates. In 2017, Council Members were appointed as follows: Council Member Marquita Butler Kris Lawrence-Anderson April Graves April Graves Marquita Butler Kris Lawrence-Anderson Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Dan Ryan; Tim Willson - Alternate Tim Willson Commission/Organization Financial Commission Housing Commission Park and Recreation Commission Ad Hoc Youth Advisory Commission Crime Prevention Program Earle Brown Days Committee League of Minnesota Cities Metro Cities North Hennepin Area Chamber of Commerce Budget Issues: There are no budget issues to consider. City C©Tu1Irll©ll Agenda I[tm N©0 Of iEI1IJ[iJ I R I takiL'i I *'A [I) t1I I1IJYA1 SUBJECT: Mayoral Appointment of Members to Serve on Shingle Creek / West Mississippi Watershed Management Commissions Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of David Vlasin, 5712 Colfax Avenue North, to serve as Commissioner and David Mulla, 6732 Willow Lane, to serve as Alternate Commissioner on the Shingle Creek I West Mississippi Watershed Management Commissions with term to expire January 31, 2021. Background: Brooklyn Center is a member of both the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. Each member city appoints one Commissioner and one Alternate Commissioner. Notice was posted at City Hall and Community Center and on the City's website and social media beginning November 9, 2017. Official publication was made in the November 9, 2017, edition of Brooklyn Center Sun-Post. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Copies of the applications received were forwarded to City Council Members in the December 22, 2017, update. Attached for City Council Members only are copies of the applications received: David Vlasin 5712 Colfax Avenue North David Mulla 6732 Willow Lane The applicants were notified that their application for appointment would be considered at the January 8, 2018, City Council meeting. Mayor Willson recommends appointment of David Vlasin as Commissioner and David Mulla as Alternate Commissioner. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust City Cidll Agench Item N©0 [EI1SI[SI IU I V k'A Uh'A I I'4 (I) 1I I1lJkAJ DATE: January 2, 2018 FROM: Sharon Iutson, City Clerk A"&t SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of David Dwapu, 1701 69th Avenue North, 4303, to the Financial Commission with term to expire December 31, 2020. Background: The Financial Commission is composed of a chairperson and six members. There is one vacancy, on the Commission. Notice of vacancy on the Commission was posted at City Hall and the Community Center and on the City's website, including Facebook and Twitter, November 22, 2017, through December 22, 2017. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members in the December 22, 2017, update. Attached for City Council Members only is a copy of the application received: David Dwapu 1701 69th Avenue North, #303 The applicant was notified that his application for appointment would be considered at the January 8, 2018, City Council meeting. Mayor Willson recommends appointment of David Dwapu to the Financial Commission. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at www.cityofbrooklyncenter.org . The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. Mission: Ensuring an attractive, clean, safe community that enhances (lie quality of life am/preserves tizepiWlic tins! City C©iiidll Agenda Hem N0 1II EI1IJIi IUI WA I'A I 1k' ES] 1WI 1BJi SUBJECT: Mayoral Appointment of Member to Serve on Housing Commission Recommendation: It is recommended that the City Council consider ratification of the Mayoral appointment of Joan Schonning, 5515 Fremont Avenue North, to the Housing Commission with term to expire December 31, 2020. Background: The Housing Commission is composed of a chairperson and six members. There are three vacancies on the Commission. Notice of vacancy on the Commission was posted at City Hall and the Community Center and on the City's website, including Facebook and Twitter, November 22, 2017, through December 22, 2017. Notice will be posted until all vacancies are filled. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the Commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. A copy of the application received was forwarded to City Council Members in the December 22, 2017, update. Attached for City Council Members only is a copy of the application received: Joan Schonning 5515 Fremont Avenue North The applicant was notified that her application for appointment would be considered at the January 8, 2018, City Council meeting. Mayor Willson recommends appointment of Joan Schonning to the Housing Commission. As previously requested by the City Council, the City Advisory Commission Bylaws are not included in the materials but can be found on the City's website at ww.cityofbrooklyncenter.0rg. The membership roster is also available at this site and in the City Council Reference Book. Budget Issues: There are no budget issues to consider. ]1ijssion: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Ciy C©ullll Agenda lEtem N©0 IL©II COUNCI{L IfTEM MEMORANDUM DATE: January 2, 2018 TO: Curt Boganey, City Manag THROUGH:CKrJh`M-Cote, P.E., Public Works Director FROM: Mike Albers, Acting City Engineer SUBJECT: Resolution Authorizing Acquisition of Easements for Brooklyn Boulevard Corridor Project Phase 1(49th Avenue to Bass Lake Road), Project No. 2018-05 Recommendation: It is recommended that the City Council consider approval of a resolution authorizing acquisition of easements for Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road), Project No. 2018-05. Background: On May 9, 2016, the City Council directed staff to proceed with the preliminary design, environmental documentation, easement acquisition and final design work for the Brooklyn Boulevard Corridor Project Phase 1 (49th Avenue to Bass Lake Road), Project No. 2018-05. This project is scheduled to be constructed in 2018. The proposed reconstruction and streetscape improvements will improve roadway safety, enhance traffic operations, reduce access points and provide improved bicycle and pedestrian facilities for a 1.4-mile segment of the corridor in Brooklyn Center between 49th Avenue and Bass Lake Road (County Road 10). The project will enhance bicycle and pedestrian travel by adding a trail, improving sidewalks, transit stops, adding streetscaping and landscaping and improving the functionality of intersections with modified turn lanes. In order to construct the improvements, permanent drainage, utility, sidewalk and trail easements and/or temporary construction easements are required from 37 separate parcels adjacent to the corridor. Parcel numbers are identified on the right-of-way plan prepared for the project. The City's consulting engineer, SRF Consulting Group, Inc., is negotiating with the affected property owners for the necessary easements. Acquisition Agreements have been reached for the following parcels which require City Council approval: Parcel No. 4 (PIN 10-118-21-14-0016): This parcel is located at 4929 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $15,300. Parcel No. 13 (PIN 10-118-21-14-0016): This parcel is located at 5043 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $21,000. Mission: Ensuring an attractive, clean, safe, inclusive conununitv that enhances the quality of life for all people an(lprese!'I'es I/i epublic trust :Es1BJ[iJ I U I I DIhY4 UYA I k"A ci,) iwu i Parcel No. 15 (PIN 10-118-21-14-0004): This parcel is located at 5053 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $1,900. Parcel No. 19 (PIN 03-118-21-42-0023): This parcel is located at 5501 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $300. Parcel No. 21 (PIN 11-118-21-23-0042): This parcel is located at 4900 Xerxes Avenue and requires temporary construction easements with total compensation being offered in the amount of $800. Parcel No. 23 (PIN 10-118-21-14-0003): This parcel is located at 5010 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $6,000. Parcel No. 24 (PIN 10-118-21-14-0002): This parcel is located at 5030 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $3,300. Parcel No. 25 (PIN 10-118-21-14-0001): This parcel is located at 5040 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $4,700. Parcel No. 27 (PIN 10-118-21-14-0014): This parcel is located at 3001 51st Avenue and requires temporary construction easements with total compensation being offered in the amount of $3,500. Parcel No. 28 (PIN 10-118-21-11-0020): This parcel is located at 3006 51st Avenue and requires temporary construction easements with total compensation being offered in the amount of $300. Parcel No. 29 (PIN 10-118-21-11-0019): This parcel is located at 3012 51st Avenue and requires temporary construction easements with total compensation being offered in the amount of $1,200. Parcel No. 31 (PIN 03-118-21-41-0001): This parcel is located at 5620 Brooklyn Boulevard and requires temporary construction easements with total compensation being offered in the amount of $5,300. Parcel No. 32 (PIN 03-118-21-14-0001): This parcel is located at 5740 Brooklyn Boulevard and requires both permanent easements and temporary construction easements with total compensation being offered in the amount of $13,764. Mission: Ensuring an attractive, clean, safe, inclusive comnuuiitv that enhances the quality of life for all people and preserves the public trust IEI1BJ[iJ I fl N N 3k'4 U'A I [I] t1I aIJh'A I Parcel No. 35 (PIN 03-118-21-44-0032): This parcel is located at 5500 Brooklyn Boulevard and requires temporary construction easements with total compensation being offered in the amount of $1,700. To date, including the above fourteen parcels, we have acquisition agreements with 15 of the 37 parcels. The City Attorney has reviewed all easement documents and concurs to the purpose and form of the easements. Budget Issues: The 2018 Capital Improvement Program (CIP) budgeted amount for easements on the Brooklyn Boulevard Corridor Project Phase 1 was estimated at $430,000. The total appraised value for all easements on the project are estimated to be approximately $470,000. During the design of the project, it was determined that approximately seven additional properties would require permanent easements and/or temporary construction easements for the construction of the sidewalk and trail. The total value of the permanent easements and temporary construction easements for Parcels 4, 13, 15, 19, 21, 23, 24, 25, 27, 28, 29, 31, 32 and 35 is $79,064. Strategic Priorities: o Key Transportation Investments Mission: Ensuring on attractive, clean, safe, inclusive coininuniti' that enhances the qualiti' of life for all people our! preserves the public trust Legend Easement Completed Easement Pending Eminent Domain - Signed Pending Mortgage Consent Eminent Domain - Easement Negotiations On Going Brooklyn Boulevard Corridor Project Phase 1CENTEREasement Status 1/2/18 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1 (49TH AVENUE TO BASS LAKE ROAD), PROJECT NO. 2018-05 WHEREAS, the City of Brooklyn Center and Hennein County have planned the improvement of Brooklyn Boulevard between 49th Avenue and 59ti Avenue within the City of Brooklyn Center, Minnesota in 2018; and WHEREAS, a memorandum of agreement has been prepared between the City and the property owners for the acquisition of permanent drainage, utility, sidewalk and trail easements and/or temporary construction easements; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 4 (PIN 10-118-21-14-0016) the sum of $15,300 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 13 (PIN 10-118-21-14-0016) the sum of $21,000 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 15 (PIN 10-118-21-14-0004) the sum of $1,900 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 19 (PIN 03-118-21-42-0023) the sum of $300 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 21 (PIN 11-118-21-23-0042) the sum of $800 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 23 (PIN 10-118-21-14-0003) the sum of $6,000 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 24 (PIN 10-118-21-14-0002) the sum of $3,300 for land and damages; and RESOLUTION NO. WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 25(PIN 10-118-21-14-0001) the sum of $4,700 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 27 (PIN 10-118-21.-14-0014)the sum of $3,500 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 28 (PIN 10-118-21-11-0020) the sum of $300 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 29 (PIN 10-118-21-11-0019) the sum of $1,200 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 31 (PIN 03-118-21-41-0001) the sum of $5,300 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 32 (PIN 03-118-21-14-0001) the sum of $13,764 for land and damages; and WHEREAS, for full compensation for conveyance of said property, the City of Brooklyn Center shall pay the owners of Parcel 35 (PIN 03-118-21-44-0032) the sum of $1,700 for land and damages; and WHEREAS, said memorandum of agreements have been signed by the property owners and it is recommended for approval to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The City Manager is hereby authorized to execute the memorandum of agreement for Parcels 4, 13, 15, 19, 21, 23, 24, 25, 27, 28, 29, 31, 32 and 35 for permanent easements and temporary construction easements that will be conveyed to the City, in the name of the City of Brooklyn Center. RESOLUTION NO. January 8, 2018 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. U N G I N I E R SLI tJ El P LAIN IRS DESIGNERS Con5uI(ing Group, Inc MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENIiEP1N CSAH 152) PROJECT Parcel No: 4 Fee Owner: Rhonda Mostrorn On this 'O it day of ti'tw LAV ,20 I 9 , Rhonda Mostrom, a single person, Owner of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owner has been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate, The Owner understands that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owner understands and acknowledges that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owner the sum of r300 O for land and damages. Owner understands that payment by the City ot Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: J1\Ot\ i\0-Y '1+ CLChC vcf ttv5 4v d 4i P p CktCk tcb (—k H - pi- I 2- Z1i— 87 It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) The City of Brooklyn Center _____ By:___ lhonda Mostrom Its: H:\Projecls\09000\9354\RW\PaLceI Files\Paicel 4- Rhonda Mostiom\Mcmomanduin ofAgreeinent Residential.doc ENGINEERSMINE owl E1 El P IAN N E U S D ESIGNERS Consulting Group, Inc. October 31, 2017 Rhonda Mostrorn 4929 Brooklyn Blvd Brooklyn Center, MN 55429 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS: 4929 BROOKLYN BLVD PARCEL No.: 4 Dear Rhonda: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $15,300.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Infoiization for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. w w w . sri consulting. corn One Carlson PaFkway North, Suite 150 I Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Rhonda Mostrorn -2- Parcel 4 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on day of M V , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. onda Mostrorn IT:\Projects\09000\9354\RW\PSLcet Files\Parcel 4- Rlionda Mostrorn\Offer to Purchase - Residcntial.cloc LN91 Consulting Group, Inc ENGINEERS P LANNERS D ESI UN ER S SRF No. 9354.0290 VALUE CALCULATION BROOKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel No.: 4 Fee Owners: Rhonda Mostrom Legal Description of property to be acquired: See Attached Exhibit A rr.i1lIKiIi [i]I Drainage and Utility Easement: 1,125 square feet Temporary Construction Easement: 675 square feet VALUATION Land Value Before Taking =$ 172,000.00 Land Value After Taking = $ 158,600.00 Indicated Damages =$ 13,400.00 Plus: Temporary Easement =$ 300.00 Affected Improvements = $ 1,600.00 TOTAL (rounded) = $ 15,300.00 H:&ojects090009354RJVPa,cel Files Paj'cel 4- Rhonda Moslronzl Value calculallondoc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of Lot 2, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. A temporary easement for construction purposes over, under, across and through the Southwesterly 9.00 feet of the Northeasterly 24.00 feet of Lot 2, Block 1, BROOKLYN MANOR, Hennepin County, Minnesota. H:\Projects\09000\9354\RW\Exhibit A\Value Calc Exhibit A\Parcel 4 - Exhibit Adoex 0 25 50 scale In feet DRAFTSUBJECTTOC1ANGEJ, k ____ r) içj __ c4 ___Il U. k Iit-1 PARCEL 149251 ---- -4933I --------- 4911 31.5' TRAIL Lt TR 10" tr1fl VD _% BROOKLYN BLVD ____ ____ •"1:1_owl -Imwd______ LEGEND (—RES (SO FT) EXISTING RIGHT OF WAY -- TEMP EASEMENT D&U, S/T NEW PE TE-- CONST. LIMITS EASE G75PROPOSED FEATURES TREE REMOVAL 1125 429 BROOKLYN BLVD PIDs 1011821140016 PARCEL 0 4 ___ SR 103-020-013 10/11/2017 ENGINEERSH^Dj,P LAN N U U S DESIGNERS Consulting Group, Inc Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address 4929 Brooklyn Blvd, Brooklyn Center, MN 55429 Parcel No:4 Owner(s): Rhonda Mostrorn Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 8, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this day of )2017 Owner(s): onda Mostiorn SRF Consulting Group In c, Contact: Mike Iisakka Address: One Carlson PIM N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 T[;\Projects\09000\9354\RVAParcel Files\l'arcel 4- Rhonda 'vIoslioui\AppiaisslRcceipIDiscIosFotm - Residenlialdoc Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT Parcel No: 13 Fee Owners: THR Property Illinois, L.P. On this __ day of___( 1k ( , 201 Y, THR Property illinois, LP., a Delaware Limited Partnership, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1.The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project, 2.The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of $ Q ,, 9/ O() for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) TI-JR Property Illinois, L.P. B y : b1IL(71 Cheryl King es estlsorized Signor for THR Pro'lsrty Illinois, L.P., a tJnlosvare Limited Pzrtnershlp Its: /4 City of Brooklyn Center By: Its: H\Projecls\09000\9354\RW\l 5 5tCeL Files\Pnccel 13-THR Pcopeuty Illinois, L.P\New Documents-Name Change\Memorauduin ofAgreement - Business doe JE] ENGINEERS P ANNERS DESIGNERS Consulting Group, Inc. October 31, 2017 2014-2 IH Borrower L.P. do Invitation Homes Attn: Visnja Vulcovic 1717 Main Street, Suite 2000 Dallas, TX 75201 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAB 152) PROJECT PROPERTY ADDRESS: 5043 BR00xYLN BLVD PARCEL No.: 13 Dear Ms. Vukovic: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $21,000.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Infol7nation for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. ww w. sr fc OtiS U Iii ng. corn One Carlsor, Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475,0010 Fax: 763.475.2429 An Equal Opportunity Employer 2014-2 lB Borrower L.P, -2- Parcel 13 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on 7 day of JJ ('(? ) .1) , 2017, this Offer to Purchase and Value calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. 2014-2 lBl3orrower L.P. By: Ajt CheI King as authorized Signor for THR Property 111mb a Delaware limited Partnership Its:_________ H:Wiojects\09000\9354\RWWaIceI FfIes'mParcol 13-2014-210 Bortower LP\Offer to Purchase -Bus!ttcss.doc EuirsInk"a PLANNERS DESIGNERS Consulting Group, Inc SRF No. 9354.0290 VALUE CALCULATION BROOKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel No.: 13 Fee Owners: Ti-Hi Property Illinois, L.P. Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Drainage and Utility Easement: 1,147 square feet Temporary Construction Easement: 1,104 square feet VALUATION Land Value Before Taking $ 208,000.00 Land Value After Taking $ 190,000,00 Indicated Damages = $ 18,000.00 Plus: Temporary Easement = $ 500.00 Affected Improvements $ 2,500.00 TOTAL (rounded) = $ 21,000.00 f-I. P,ojucis Vt9OOO\9354nfl4Psscc/ FiIesParceI 13-THR Properly Illinois, L.I'\l'ah,c Calcnlalion.doc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through the Northeasterly 15.00 feet of the following described property: That part of the Southeast Quarter of the Northeast Quarter of Section 10 7 Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point 261.46 feet East and 107.28 feet South of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East a distance of 390.8 feet; thence South 42.72 feet; thence East 160.88 feet to the actual point of beginning of the tract to be described; thence continuing East 135 feet more or less to the southwesterly right of way line of Trunk Highway No, 152; thence southeasterly along said southwesterly line of Trunk Highway No. 152 a distance of 79.3 feet more or less to a point in a line drawn parallel with and 75 feet South of the north line of the tract herein described as measured at right angles to said north line; thence West parallel with said north line 160.23 feet more or less to a point in a line drawn perpendicular to the north line of the tract herein described from the actual point of beginning; thence North along said perpendicular line 75 feet to the actual point of beginning. A temporary easement for construction purposes over, under, across and through the Southwesterly 14,00 feet of the Northeasterly 29.00 feet of the following described property: That part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point 261.46 feet East and 107.28 feet South of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East a distance of 390,8 feet; thence South 42.72 feet; thence East 160,88 feet to the actual point of beginning of the tract to be described; thence continuing East 135 feet more or less to the southwesterly right of way line of Trunk Highway No, 152; thence southeasterly along said southwesterly line of Trunk Highway No, 152 a distance of 79.3 feet more or less to a point in a line drawn parallel with and 75 feet South of the north line of the tract herein described as measured at right angles to said north line; thence West parallel with said north line 160.23 feet more or less to a point in a line drawn perpendicular to the north line of the tract herein described from the actual point of beginning; thence North along said perpendicular line 75 feet to the actual point of beginning. H:\Projects\09000\9354\RW\Exhibit A\VaIue Calc Exhibit A\Parcel 13- Exhibit A.docx 0 25 so 1. feet DRAFT vSUBJECT TO CHANGE S /7 — ____ 5045j:15053 1PRCEL nij PT55:0: 51 •. 5031 30. V TRAIL EDGE I- TRAIW BROOKLYN BLVD / 0 / 1IIIiii NB BROOKLYN BLVDI 5 46 _ LEGEND AREAS (SOFT) EXISTING RIGHT OF WAY ----- TEMP EASEMENT D&U, S/TCONST. LIMITS EASE NEW PE TE PROPOSED FEATURES )<TREE REMOVAL Io 5043 BROOKLYN BLVD PlDg 1011821140006 PARCEL 013 10/11/2017SP 109-020-013 Mj D^j HL E N C I N F F ft SII D Consulting Group, Inc. Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin CSA}1 152) Project County: Heimepin Property Address:5043 Brookyln Blvd, Brooklyn Center, MN 55429 Parcel No:13 Owner(s): THR Property Illinois, L.P. Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 12, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition Inc] that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws, 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have, Thank you for your cooperation. Appraisal received this 7 day of f(ii I Owner(s): SRF Consulting Group Inc. THR Property Illinois, L.P. Contact: Milcelisakka Chary ing as authoed sguorforTH7rrN llhrrols, L.P. a Delaware Limited partnership Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Its: Phone: 763-249-6775 iI\PiojecIs\09000\9354\RW\PflcCl Filcs',Pnice! 13-ri-lid Properly Illinois, L.P\Netv Doci,nient-Nyine Clrange\Appi'aisslRecciptDisclosForm - Btisiiiess.do [1 11 JiE]P LANNERS D ESIGNRS Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPJN CSAH 152) PROJECT Parcel No: 15 Fee Owners: DeForest Lee Lehr and Dorothy A. Lehr On this '3±t day of tJuv v' , 20 11 , DeForest Lee Lehr and Dorothy A. Lehr, husband and wife, as joint tenants, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2. The Owners. understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of $1 0 . -0"_ for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) DeForest Lee Lehr 2o7 1. Dorothy A. Lehi1 The City of Brooklyn Center By: Its: H:\Pcojects\09000\9354\RW\Parcel Files\Parccl 15- Deforest Lehr\Menioraisdum of Agreement - Residential.doc II2iJJE] Consulting Group, Inc. November 7, 2017 DeForest Lee Lehr and Dorothy A. Lehr 5053 Brooklyn Blvd Brooklyn Center, MN 55429 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS: 5053 BROOKLYN BLVD PARCEL No.: 15 Dear DeForest and Dorothy: SRF No. 93 54.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $1,900.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition information for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Properly Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www.sifconsulting.co ni One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 763.475.2429 An Equal Oppoif nil fly Employer DeForest Lee Lehr and Dorothy A. Lehr -2 - Parcel 15 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. a, Mike Iisaldca Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER .fL I CERTIFY THAT on I'3 day of ' , 2017, this Offer to Purchase and Va/tie Ga/cit lotion was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. W^/ — - I -- DeForest Lee Lehr Dorothy A. Lehi/ H:\Piojects\09000\9354\RW\Parcel Files'Pnrcel 15- Deforest Lehr\Offei to Purchase - Rcsidential.doc Iota I DESIGNERS Consulting Group, Inc. SRF No. 9354.0290 BROOKLYN BOULEVARD (HuNNEPIN CSAH 152) Parcel No.: 15 Fee Owners: DeForest Lee Lehr and Dorothy A. Lehr Legal Description of property to be acquired: See Attached Exhibit A Drainage and Utility Easement: 447 square feet Temporary Construction Basement: 699 square feet [i) Land Value Before Taking = $ 43,000.00 Land Value After Taking = $ 41,500.00 Indicated Damages = $ 1,500.00 Plus: Temporary Easement = $ 400.00 TOTAL (rounded) = $ 1,900.00 H:P;ojectsO90009354RJJ1Pa,'cc1 FilesParce! 15- Deforsel Lehrl Value C'alculalion.doc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through part of the following property: That part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point on the north line of said Southeast Quarter of the Northeast Quarter distant 652.26 feet east of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East on said North line 279 .5 feet to the center of road; thence southeasterly along center of road 78.10 feet; thence west parallel with said north line 301.3 feet; thence North 75.0 feet to the point of beginning. EXCEPT the West 60.0 feet thereof. Said perpetual easement being that part of said described property lying easterly of a line described as beginning at a point on the north line of said Southeast Quarter of the Northeast Quarter distant 873.90 feet easterly from the northwest corner of said Southeast Quarter of the Northeast Quarter; thence southeasterly 32.32 feet along a non- tangential curve concave to the northeast having a radius of 112.00 feet and a central angle of 16 degrees 32 minutes 03 seconds, the chord of said curve deflects 59 degrees 33 minutes 23 seconds to the right from the north line of said Southeast Quarter of the Northeast Quarter; thence southeasterly 31.09 feet along a reverse curve concave to the southwest having a radius of 88.00 feet and a central angle of 20 degrees 46 minutes 19 seconds; thence southeasterly, tangent to said curve, a distance of 20.29 feet to the southerly line of said described property and there terminating. A temporary easement for construction purposes over, under, across and through part of the following property: That part of the Southeast Quarter of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as commencing at a point on the north line of said Southeast Quarter of the Northeast Quarter distant 652.26 feet east of the northwest corner of said Southeast Quarter of the Northeast Quarter; thence East on said North line 279 .5 feet to the center of road; thence southeasterly along center of road 78.10 feet; thence west parallel with said north line 301.3 feet; thence North 75.0 feet to the point of beginning. EXCEPT the West 60.0 feet thereof. H:\Projects\09000\9354\RW\Exhibit A\Value Cale Exhibit A\Parce 15- Exhibit A.docx EXHIBIT A Said temporary easement being that part of said described property described as beginning at a point on the north line of said Southeast Quarter of the Northeast Quarter distant 872.68 feet easterly from the northwest corner of said Southeast Quarter of the Northeast Quarter; thence easterly long said north line a distance of 1.22 feet; thence southeasterly 32.32 feet along a non-tangential curve concave to the northeast having a radius of 112.00 feet and a central angle of 16 degrees 32 minutes 03 seconds, the chord of said curve deflects 59 degrees 33 minutes 23 seconds to the right from the north line of said Southeast Quarter of the Northeast Quarter; thence southeasterly 31.09 feet along a reverse curve concave to the southwest having a radius of 88.00 feet and a central angle of 20 degrees 46 minutes 19 seconds; thence southeasterly, tangent to said curve, a distance of 20.29 feet to the southerly line of said described property; thence westerly along said southerly line a distance of 14.72 feet; thence northwesterly a distance of 78.78 feet to the point of beginning. H:\Projects\09000\9354\R 'MExhibit A\Value Calc Exhibit A\Parcel 15 - Exhibit Adocx 3 0 25 50 scole in feet DRAFTSUBJECT ToCHANGE I7 /?' J1ELI - - .- j- \.JLILAC DR N 4 , I.•! - 2- Dr,- 34.5 o HOUSE ( 7 - '-----' -- / - - 48 Iqw,p0- SB BROOKLYN BLVD 45 NB BROOKLYN BLVD 46 /- (,,— e p LEGEND AREAS (SOFT) EXISTING RIGHT OF WAY ----- TEMP EASEMENT D&U, S/T CONST LIMITS EASE NEW PE TE PROPOSED FEATURES TREE REMOVAL 699 5053 BROOKLYN BLVDPIDE 1011821140004 PARCEL 015 ___-SP 10 9 -020-013 10/11/2017 E NGINEERS[iii EJ E] P L ANNE S S DESIGNERS Consulting Group, Inc. Appraisall Rec&pt and Disclosure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address 5053 Brooklyn Blvd, Brooklyn Center, IVl1T 55429 Parcel No: 15 Owner(s): DeForest Lee Lehr and Dorothy A. Lehr Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 8, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this (1 day of_____________ 2017 Owner(s): eForest Lee Le Dorothy A. LA SPY Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 1-1:\Pojects\09000\9354\R\V\Parcel Files\Parcel 15- Deforest Lelir\AppiaisalReceiptDisclosFoiin - Residentialdoc LFJE? P LA NN [55JE] ENGINEERS DESIGNERS Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT Parcel No: 19 Fee Owners: Mains'! Properties, L.L.C. 4L 4 On this day of , 20l, Mains'] Properties, L.L.C., a Minnesota Limited Liabilty Company Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the conveyance of said property, the City of Brooklyn Center0 shall pay the Owners the sum of $ 0 0. for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Ma By Its: City of Brooklyn Centel - By: Its: H:\ProIecIs\09000\9354\R\VPaIcel Files\Parcel 19- Mains'! Properlics\Mensorandum ofAgucenseist - Busirscss.doc ENGINEERS jiI o E] P LAINN N E S S SD E S I G N F S Consulting Group, Inc. October 31, 2017 Mains 1 l Properties, L.L.C. Attn: Tracy Hinke 7000 78th Ave N Brooklyn Park, MN 55445 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAB 152) PROJECT PROPERTY ADDRESS: 5501 BROOKLYN BLVD PARCEL No.: 19 Dear Tracy: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $300.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www.srfconsulting.coni One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447-4453 I 763.475.0010 Fax: 763.475.2429 An Equal opportunity Employer Mains'! Properties, L.L.C. -2- Parcel 19 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. C. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on ) day of c1A 2E- , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Ma By: Its: OZ H:\Projects\09000\9354\.R\V\Parcel FilesWa,cel 19- Mains'[ Properties\Offci to Purchase -Businessdoc 161 DN I I D ESIGNERS Consulting Group, Inc. SRF No. 9354.0290 BROOKLYN BOULEVARD (HENNEPThT CSAH 152) Parcel No.: 19 Fee Owners: Mains'! Properties, L.L.C. Legal Description of property to be acquired: See Attached Exhibit A Drainage and Utility Easement: 21 square feet Temporary Construction Easement: 388 square feet [ITh Land Value Before Taking = $ 43,000.00 Land Value After Taking = $ 42,900.00 Indicated Damages =$ 100.00 Plus: Temporary Easement =$ 200.00 TOTAL (rounded) =$ 300.00 H:PiojectsW90009354\RJJ'lPas'cc1 Files Pascel 19- A'fains'I Pioperliesl Value caleulaiion.doc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through that part of Tract E, REGISTERED LAND SURVEY NO. 40, Hennepin County, Minnesota lying easterly of line run from a point on the south line of said Tract E distant 3.20 feet westerly from the southeast corner of said Tract E to a point on the easterly line of said Tract E distant 14.20 feet northwesterly from said southeast corner. A temporary easement for construction purposes over, under, across and through that part of Tract E, REGISTERED LAND SURVEY NO. 40, Hennepin County, Minnesota lying easterly of the West 140.00 feet of said Tract E. H:\Projects\09000\9354\RWExhibit A\Value Calc Exhibit A\Parcel 19 - Exhibit A.docx 25 50 etfeet 4h DRAFTSUBJECT 'a TOCHANGE '- II - ---- * o — LEGEND AREAS (SOFT) CONST, LIMITS EA EXISTING RIGHT OF WAY TEMP EASEMENT ;D&U, S/T L TESE 388PROPOSED FEATURES TREE REMOVAL 5501 BROOKLYN BLVD PARCEL PIDs 0311821420023 SP 109-020-013 10/11/2017 [JiJE] Consulting Group, Inc Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard Heimepin CSAH 152) Project County: Hennepin Property Address:5501 Brooklyn Blvd, Brooklyn Center, MN 55429 Parcel No:19 Owner(s): Mains'l Properties, L.L.C. Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 8, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. 41- Appraisal received this day of VIA' h.2017 Ow Ma By Its SRIF Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 FJ:\Piojecu\09000\9354\RW\Parcel Filcs\Parcel 19- MainsI Pioperties\AppraisalReceiptDisclosForrn - Bsisiness.doc City of Brooklyn Center By: Its: Owner(s) C B It L DOI)F N G ' N E E R S Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAR 152) PROJECT Parcel No: 21 Fee Owners: Copa Enterprises LLC On thisthis __ day of , 201, Copa Enterprises LLC, a Minnesota Limited Liability Company, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the convanc 0of said property, the City of Brooklyn Centerqy shall pay the Owners the of $ 0 O for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher, 4. Additionally: (.- '--n'. It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. 1-I:\Projecls\09000\9354\RWPaicel Files\Pai'cel 21-Copa Enteipi'ises\Menioranduni ofAgieeinenl - Btisiness.doc P LAN N S H SILI EDj El E N G I NE E Ii S DESIGNERS Consulting Group Inc. November 6, 2017 Copa Enterprises LLC Attn: Sharifa Elaraj Po Box 421163 Minneapolis, MN 55442 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS 4900 XERXES AvEN PARCEL No.: 21 Dear Sharifa: SPY No. 93 54.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $800.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law, The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Properly Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www.srfconsulting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475,0010 Fax: 763.475.2429 An Equal Opportunity Employer Copa Enterprises LLC -2- Parcel 21 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RE' CE OF OFFER I CERTIFY THAT on - day of N/°J 't v , 2017, this Offer to Pirehae and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Copa Enterprises LLC By Its 1-1:\Projccts\09000\9354\RW\Parcel Files\Parce! 21-Copa Enterprises\Offer to Purchase - Business.doo P F A N N [USE E N G I N E E U S D E SI GNER S Consulting Group, Inc. SRF No. 9354.0290 VALUE CALCULATION BROOKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel No 21 Fee Owners Copa Enterprises LLC Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Temporary Construction Easement 497 square feet VALUATION Land Value Before Taking = $90,250.00 Land Value After Taking = $90,250.00 Indicated Damages =$ 0.00 Plus: Temporary Easement =$ 800.00 TOTAL (rouiided) =8 800.00 H. \P,ojec/s\O9OOO9354/lI'lPwce1 FllesPcsrce/ 21-Copa En/es prises\ Valise Calcsslation.doc EXHIBIT A A temporary easement for construction purposes over, under, across and through the West 4.00 feet of the South 60.00 feet of Lot 9, Block 3, DAHINDEN'S ADDITION TO MINNEAPOLIS, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under, across and through the East 6.00 feet of the West 10.00 feet of the South 38.00 feet of said Lot 9. Together with a temporary easement for construction purposes over, under, across and through the East 6.00 feet of the West 16.00 feet of the South 6.00 feet of said Lot 9. H:\Projects\09000\9354\RW\Exhjbjt A\Exhibits - TE\Parcel 21 - Exhibit A.docx t :.c 1 1 L1 7c ,OF / BROOKLYN BLVD J PARCEL 21 •1* j J/ / t.. - _-w - ___-1_ - - - ------------------------------ LEGEND AREAS (SOFT) EXISTING RIGHT OF WAY -- TEMP EASEMENT D&U, S/T-- CONST, LIMITS EASE NEW PE TE PROPOSED FEATURES XTREE REMOVAL t 497 4900 XERXES AVE N PARCEL 4121PID 1111821230042 SF 109-020-013 10/11/2017 SRF Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 Owner(s): Co By Its: I. I [ NGI NEE U S P tANNERS DESIGNERS ConsulPng Group, Inc. Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address:4900 Xerxes Ave N, Minneapolis, MN 55430 Parcel No:21 Owner(s): Copa Enterprises LLC Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 7, 2017, Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this day of 'v- 2017 I-I:\Piojects\09000\9354\RW\Paicel Files\Paicel 2 1-Copa Enlerprises\AppraisnlReceiptDisolosForm - B LIS inessdoc P LA N N E U SP [J El E N G I N S DESIGNERS Consul(ing Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPJN CSAH 152) PROJECT Parcel No: 23 Fee Owners: Michael T. Calder and Janice F. Calder, or successors, as trustees of the Michael T. Calder and Janice F. Calder Joint Revocable Living Trust U/A/D December 20, 2016, as amended On this _________ clay of No v 6 , 20 I, Michael T. Calder and Janice F. Calder, or successors, as trustees of the Michael T. Calder and Janice F. Calder Joint Revocable Living Trust U/AID December 20, 2016, as amended, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction, It is hereby acknowledged and agreed upon between the parties that: 1.The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in frill compensation for the conveyance of said property, the City of Brooklyn Center/shall pay the Owners the sum Aof $ cP v 0_11 for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4.Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the pal-ties. Owner(s) The City of Brooklyn Center By:___ iael T. Calder1)$ReI_ Its:_____________ JaJce F. Calder, Trustee I-I:\Projects\09000\9354\R\V\Parcel Files\Patcel 23- Michael and Janice Calder\Meinorandurn ofAgreemeal - Resideiitinl.doc N G I N E ERL kJ E1 P LANNERS DESIGNERS Consulting Group, Inc. October 31, 2017 Michael T. Calder and Janice F. Calder 5010 Brooklyn Blvd Brooklyn Center, MN 55430 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEP[N CSAH 152) PROJECT PROPERTY ADDRESS: 5010 BROOKLYN BLVD PARCEL No.: 23 Dear Michael and Janice: SRF No. 93 54.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $6,000.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Inforinationfor Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www.srfconsulting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 763.475.2429 An Equal Opyortirnily Employer Michael I. Calder and Janice F. Calder -2- Parcel 23 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on / day of ,2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Michael T. Calder and Janice F. Calder, or successors, as trustees of the Michael T. Calder and Janice F. Calder Joint Revocable Living Tm t U/A/D December 20, 2016, as amended Michael T. Calder, Trustee qJniceMalder, Trustee FI:\Projects\09000\9354\R\V\Parcel Files\Parcel 23-Michael and Janice Caldei'\Offer to Purchase - ResidentiaLdoc P LAIN ERS E N G I N F F F S DESIGNERS Consulting Group, Inc. SRF No. 93 54.0290 BROOKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel No.: 23 Fee Owners: Michael T. Calder and Janice F. Calder, or successors, as trustees of the Michael T. Calder and Janice F. Calder Joint Revocable Living Trust U/AID December 20, 2016, as amended Legal Description of property to be acquired: See Attached Exhibit A [i] Drainage and Utility Easement: 1,214 square feet Temporary Construction Easement 1,175 square feet IYIEIJ%1 [i] Land Value Before Taking $ 50,000.00 Land Value After Taking $ 47000.00 Indicated Damages = $ 3,000.00 Plus: Temporary Easement '=$ 500.00 Affected Improvements = $ 2,500.00 TOTAL (rounded) = $ 6,000.00 J[Piojects\O9OOO\9354RW\Parce/ PiI&Pa,'cef 23- Michoel and Janice caldeiU7alue Calculation.doc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through Northeasterly 11.00 feet of the Southwesterly 44.00 feet of the following described property: That part of the North Half of the South Half of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as beginning at a point in the east line of said Section 10 distant 105.5 feet north of the southeast corner of the North Half of the South Half of the Northeast Quarter of said Section 10; thence North along the east line of said Section 10 a distance of 105.10 feet; thence West parallel with the south line of said North Half of the South Half of the Northeast Quarter of said Section 10 a distance of 248.63 feet, more or less, to the centerline of County Road No. 14; thence southeasterly along the centerline of said road 110.0 feet to the intersection of the centerline of said road with a line drawn west from the point of beginning and parallel with the south line of aforesaid North Half of South Half of Northeast Quarter of said Section 1 0; thence East parallel with said south line 218.93 feet more or less to the point of beginning. A temporary easement for construction purposes over, under, across and through the Northeasterly 8.00 feet of the Southwesterly 52.00 feet of the following described property: That part of the North Half of the South Half of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as beginning at a point in the east line of said Section 10 distant 105.5 feet north of the southeast corner of the North Half of the South Half of the Northeast Quarter of said Section 10; thence North along the east line of said Section 10 a distance of 105.10 feet; thence West parallel with the south line of said North Half of the South Half of the Northeast Quarter of said Section 10 a distance of 248.63 feet, more or less, to the centerline of County Road No. 14; thence southeasterly along the centerline of said road 110.0 feet to the intersection of the centerline of said road with a line drawn west from the point of beginning and parallel with the south line of aforesaid North Half of South Half of Northeast Quarter of said SectionlO; thence East parallel with said south line 218.93 feet more or less to the point of beginning. Together with a temporary easement for construction purposes over, under, across and through the Northeasterly 7.00 feet of the Southwesterly 59.00 feet of the South 39.00 feet of said described property. H:\Projects\09000\9354\RW\Exhibit A\Value Calc Exhibit A\Parcet 23 - Exhibit A.docx scale In feet • ái r LI/4 _ LEGEND AREAS (SO FT) EXISTING RIGHT OF WAY --- TEMP EASEMENT D&U, S/I HCONST. LIMITS EASEPROPOSED FEATURES TREE REMOVAL I2I PE TE 1175 5010 BROOKLYN BLVD PARCEL 23PID-- 1011821140003 SP 10-020-013 10/11/2017 F NC INFERS^J H,'I P LAN N ERS D [SIGNERS Consulting Group, Inc. Appraisal Receipt and Discosure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address 5010 Brooklyn Blvd, Brooklyn Center, MN 55430 Parcel No:23 Owner(s): Michael T. Calder and Janice F. Calder, or successors, as trustees of the Michael T. Calder and Janice F. Calder Joint Revocable Living Trust U/A/D December 20, 2016, as amended Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 8, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser, (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this day of 1 2017 SRF Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MINT 55447 Phone: 763249-6775 H:'PIojecls\09000\9354\RW\PaLcel Files\Parcel 23- Michael and Janice Calder\AppiaisalReceiplDiselosForrn - Residential.doc LI(^Dj, H NG NEERS Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT Parcel No: 24 Fee Owners: Richard E. Huffman and Diana M. Huffrnan .4On this C' day of 1'""\ 1 " , 20 1 t', Richard B. Huffman and Diana M. Huffman, husband and wife, as joint tenants, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate, The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the cony ance of said property, the City of Brooklyn Center shall pay the Owners the sum of $_° 0 for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) The City of Brooklyn Center By: Richard B. Huffmai 44 1-Y'r1 Its: Diana M. Huffman H:\Projecis\09000\9354\RW\Parcel Files\Parccl 24- Richard I-Tuffissau\Mernoranclurn ofAgrecinent - Resicleistialdoc ENGINEERS^Dj P LANNERS DESIGNERS Consulting Group, Inc October 31, 2017 Richard E. Huffman and Diana M. Huffman SRF No. 93 54.0290 7300 Candlewood Drive Brooklyn Park, MN 55445 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEP[N CSAH 152) PROJECT PROPERTY ADDRESS: 5030 BROOKLYN BLVD PARCEL No.: 24 Dear Richard and Diana: As you may be aware, The City of Brooldyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $3,300.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Properly Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer . www.srfconsulting.com One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447•4453 1 763.4750010 Fax: 763.475.2429 An Equal Opportunity Employer Richard B. Huffman and Diana M. Huffman -2 - Parcel 24 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. ' Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on u--- day of ' , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Richard E. Huffrnan Diana M. Huffman t)L) H:\Projects\09000\9354\R\V\Parcel Files\Paicel 24- Richard 1-Iufl,an\Offcr to Purchase - Resideiitia!.cloc PLANNERS E N G I NE ER S DESIGNERS Consulting Group, Inc. SRF No. 9354.0290 VALUE CALCULATION BROOKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel No.: 24 Fee Owners: Richard E. Huffman and Diana M. Huffman Legal Description of property to be acquired: See Attached Exhibit A !X.1IJ Fiii[s]I Drainage and Utility Easement: 1,385 square feet Temporary Construction Easement: 991 square feet VALUATION Land Value Before Taking - $ 56,000,00 Land Value After Taking = $ 53,100,00 Indicated Damages = $ 2,900.00 Plus: Temporary Easement =$ 400.00 TOTAL (rounded) = $ 3,300.00 H:Prq/ecis\O9000l9354RTY 1 Paicel FilesParcel 24- Richard Hzflinanl Value calculation.doc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through Northeasterly 11.00 feet of the Southwesterly 44.00 feet of the following described property: That part of the North Half of the South Half of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as beginning at a point in the east line of said Section 10 distant 210.15 feet north of the southeast corner of the North Half of the South Half of the Northeast Quarter of said Section 10; thence North along the east line of said Section 10 a distance of 119.93 feet; thence West parallel with the south line of said North Half of the South Half of the Northeast Quarter of said Section 10 a distance of 283 feet, more or less, to the centerline of County Road No. 14; thence southeasterly along the centerline of said road 124.37 feet more or less to the intersection of the centerline of said road with a line drawn West from the point Of beginning and parallel with the south line of aforesaid North Half of the South Half of the Northeast Quarter of said Section 10; thence East parallel with the said south line a distance of 248.63 feet more or less to the point of beginning. A temporary easement for construction purposes over, under, across and through the Northeasterly 8.00 feet of the Southwesterly 52.00 feet of the following described property: That part of the North Half of the South Half of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as beginning at a point in the east line of said Section 10 distant 210.15 feet north of the southeast corner of the North Half of the South Half of the Northeast Quarter of said Section 10; thence North along the east line of said Section 10 a distance of 119.93 feet; thence West parallel with the south line of said North Half of the South Half of the Northeast Quarter of said Section 10 a distance of 283 feet, more or less, to the centerline of County Road No. 14; thence southeasterly along the centerline of said road 124.37 feet more or less to the intersection of the centerline of said road with a line drawn West from the point of beginning and parallel with the south line of aforesaid North Half of the South Half of the Northeast Quarter of said Section 10; thence East parallel with the said south line a distance of 248.63 feet more or less to the point of beginning. H:\ProJects\09000\9354\RWExhibit A\Value Calc Exhibit A\Parcel 24 - Exhibit A.docx 25 50 Scale In feet LEGEND AREAS (SO Fr) EXISTING RIGHT OF WAY -- TEMP EASEMENT D&U, S/T NEW PE TECONST. LIMITS EASE I PROPOSED FEATURES TREE REMOVAL I385 991 5030 BROOKLYN BLVD PARCEL 1r24PIDR 1011821140002 SR 109-020-013 10/11/2017 F —(- q- ^Dj H, ENGINEERS P LANN N E RS D ESIGNERS Consulting Group, Inc. Appr ais al Receipt and Disclosure Project Name: Brooldyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address:5030 Brooklyn Blvd, Brooklyn Center, MN 55429 Parcel No: 24 Owner(s): Richard E. Huffman and Diana M. Huffman Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 12, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. oh. Appraisal received this U ' day of NO 'W\ (yl r 5 2017 Owner(s): Richard B. HufTh 1 ' Q,16^Ura)'Y) Diana M. Huffman SRF Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 H:\Projects\09000\9354\RW\Parcel Files',Parcel 24- Richard Huffiuiaii\AppiaisaiReceiptDisclosForm - Residential.doc DI E NGI I1NEF.SE P LAN N ER S DESIGNERS Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPJN CSAH 152) PROJECT Parcel No: 25 Fee Owner: John Alfred Weber On this ___day of P\Jovvvs 4V , 20 (1 , John Alfred Weber, a single person, Owner of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1.The Owner has been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owner understands that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owner understands and acknowledges that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owner the sum of$ _ b () for land and damages. Owner understands that payment by the City 6f Brooklyn Center must await approval of title and processing of a voucher. 4.Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) The City of Brooklyn Center By: John Alred Weber Its: H:\Piojccts\09000\9354\R\V\Paccel Piles\Parcel 25-John \Veber\Meinoranduin ofAgteenienl - Residentialdoc P L A N N E U S61 LIJ E] E N G I N [[U S D [SIGN [US Consulting Group, Inc. October 31, 2017 John Alfred Weber 5040 Brooklyn Blvd Brooklyn Center, MN 55429 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS: 5040 BROOKLYN BLVD PARcELNO.: 25 Dear John: SRF No. 9354,0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $4,700.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a J7a1tie Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Infor nation for Properly Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. w w w. or f cons u It i 11g. CO M One Carlson Parkway North, Suite 150 I Minneapolis, MN 5547-4453 I 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer John Alfred Weber -2- Parcel 25 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on I0 day of , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. John Aifre H:\Projects\O9OOO\9354\RW\Pffce1 FiIes\PaceI 25-John Veber\Offer to Purchase - Reskleistisl.doc P LANNERS161 BN I I E N C I NE ER S DES] Consulting Group, Inc. SRF No. 9354.0290 BROOKLYN BOULEVARD (HENEPIN CSAH 152) Parcel No.: 25 Fee Owners: John Alfred Weber Legal Description of property to be acquired: See Attached Exhibit A Drainage and Utility Easement: 2,083 square feet Temporary Construction Easement 1,516 square feet RIM I tiJAil iIi11 Land Value Before Taking = $100,000.00 Land Value After Taking = $ 95,800.00 Indicated Damages = $ 4,200.00 Plus: Temporary Easement r$ 500.00 TOTAL rounded) = $ 4,700.00 H:Projects090009354R1VtPc,,ce1 FiIesPwce1 25-John JVcbe,VaIz,e Golculallojidoc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through Northeasterly 11.00 feet of the Southwesterly 44.00 feet of the following described property: That part of the North Half of the South Half of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as beginning at a point in the east line of said Section 10 distant 330.08 feet north of the southeast corner of the North Half of the South Half of the Northeast Quarter of said Section 10; thence North along the east line of said Section 10 a distance of 184.5 feet; thence West parallel with the south line of said North Half of the South Half of the Northeast Quarter of said Section 10 a distance of 333.4 feet, more or less, to the centerline of County Road No. 14; thence southeasterly along the centerline of said road 192.16 feet more or less to the intersection of said centerline of said road with a line drawn West from the point of beginning and parallel with the south line of aforesaid North Half of the South Half of the Northeast Quarter of said Section 10; thence East parallel with the said south line a distance of 283 feet more or less to the point of beginning. A temporary easement for construction purposes over, under, across and through the Northeasterly 8.00 feet of the Southwesterly 52.00 feet of the following described property: That part of the North Half of the South Half of the Northeast Quarter of Section 10, Township 118, Range 21, Hennepin County, Minnesota described as beginning at a point in the east line of said Section 10 distant 330.08 feet north of the southeast corner of the North Half of the South Half of the Northeast Quarter of said Section 10; thence North along the east line of said Section 10 a distance of 184.5 feet; thence West parallel with the south line of said North Half of the South Half of the Northeast Quarter of said Section 10 a distance of 333.4 feet, more or less, to the centerline of County Road No. 14; thence southeasterly along the centerline of said road 192.16 feet more or less to the intersection of said centerline of said road with a line drawn West from the point of beginning and parallel with the south line of aforesaid North Half of the South Half of the Northeast Quarter of said Section 10; thence East parallel with the said south line a distance of 283 feet more or less to the point of beginning. H:\Projects\09000\9354\RW\Exhibit A\Va!ue Calc Exhibit A\Parcel 25 - Exhibit A.docx INN 14 2I BROOKLYN BLVD, NB BROOKLYN BLVD QLVI 32.3 WALK EDGETO BUILDING I -PARCEL 25 J. DRAFTSUBJECT•.,j* CHANGEH., 5051 5040 - ___ Of Mpioq ER Ar Cf of- 0oc LEGEND AREAS (SOFT) EXISTING RIGHT OF WAY TEMP EASEMENT D&US/T NEW PE TECONST. LIMITS PROPOSED FEATURES )-( TREE REMOVAL USE 2083 1516 5040 BROOKLYN BLVD PARCEL 025 PID2 1011821140001 SP 105-020-013 10/11/2017 Consulting Group, Inc. ApprasaH Receipt and D i sc l osure Project Name: Brooklyn Boulevard Iennepin CSA}1 152) Project County: Hennepin Property Address 5040 Brooldyn Blvd, Brooklyn Center, MN 55429 Parcel No:25 Owner(s): John Alfred Weber Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 12, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner , the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this 1 0— day of 2017 Owner(s): ^)^ a^"' LU,—L- Johi\A1fied Weber SRF Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 H:',Projects\09000\9354\RW\Parcel Files\Parcel 25-John Weber\AppraisahReceiptDisclosFoim - Residential.doc ENGINEERSEDj E P i A N N E R S DESIGNERS Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEP1N CSAJTT 152) PROJECT Parcel No: 27 Fee Owners: Terry L. Nelson and Laurie E. Nelson On this 9 L' day of N/0 '- - , 20 1 , Terry L. Nelson and Laurie E. Nelson, husband and wife, as joint tenants, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1.The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of$'3, 5-0 b . for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4.Additionally: do Vl C It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) The City of Brooklyn Center By: Its: FI;\Piojects\09000\9354\RW\Paicel Files\Paccel 27- Terry Nelson\Memol'andllm ofAgreenient - Residential.doe C] ^Dj ENGINRERS P CANNERS DESIGNERS Consulting Group, Inc. October 31, 2017 Terry L. Nelson and Laurie B. Nelson 3001 5lst Ave N Brooklyn Center, MN 55429 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HEN1'.EPIN CSAH 152) PROJECT PROPERTY ADDRESS: 3001 S1sTAVEN PARCEL No.: 27 Dear Terry and Laurie: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $3,500.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. ( This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Properly Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law Provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title.. In the worst -case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www. sr I cons U It i ri g . CO Ill One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447 -4453 I 763.475.0010 Fax: 763.475.2429 An Equal Opporlunhly Employer Terry L. Nelson and Laurie B. Nelson -2- Parcel 27 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. ry4 Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on day of NJ0 V1vv1 6,rr , 2017, this Offer to Purchase and Value Gcilculation was received by inc from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. TerryI Nelson Laurië elson 1J:\Projects\09000\9354\RW\PaLcel Files\Paicel 27- Tei'iy Nelson\Offcr to Purchase - ResdentiaI.doc ENGINEERSLl PLANNERSDk491 DES I G N FR S Consulting Croup Inc SRF No. 9354.0290 yi'u I I BRooKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel No.: 27 Fee Owners: Terry L. Nelson and Laurie B. Nelson Legal Description of property to be acquired: See Attached Exhibit A Temporary Construction Easement: 1,680 square feet YIi U1%i [h1 Land Value Before Taking $ 52,000.00 Land Value After Taking $ 52000.00 Indicated Damages 0.00 Plus: Temporary Easement =$ 900.00 Affected Improvements = $ 2,600.00 TOTAL (rounded) = $ 3,500.00 IJ:&ojecisO90009354U?JJ'1Pa,'ce/ Fi/esPajce1 27- Tcssy Nelson\ Valise C'alculalion.doc EXHIBIT A A temporary easement for construction purposes over, under, across and through the North 14.00 feet of Tract F, REGISTERED LAND SURVEY NO. 492, Hennepin County, Minnesota. H:\Projects\09000\9354\RW\Exhjbit A\Value Calc Exhibit A\Parcel 27 - Exhibit A.docx 25 50 Li fet &i= I4 ', O) 0 5101 MIA- f ik LEGEND AREAS (SOFT) EXISTING RIGHT OF WAY TEMP EASEMENT D&U, S/TCONST. LIMITS EASE NEW PE TE PROPOSED FEATURES TREE REMOVAL - 1680 3001 51ST AVE N PARCEL 27PIDE 1011821140014 SP 109-020-013 10/11/2017 L IA ,^J FJ P LA IN E RS DESIGNERS Consulting Group, Inc. Appraisal Receipt and Discogure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address:3001 51st Ave N, Brooklyn Center, MN 55429 Parcel No: 27 Owner(s): Terry L. Nelson and Laurie E. Nelson Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 7, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this 9day of 2017 Owner(s): ;,;11 Ne)lso IWA Laurie E. Nelson SRF Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 H:\Projects\09000\9354\RVAPaicel Files\Parcel 27- Terry NeIsois\AppraisuIReccipDiscIosForm - Residentialdoc LIJEJ Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT Parcel No: 28 Fee Owners: Trung T. Do and Ngoctham Tran On this day of jVOVII , 20 Thing T. Do and Ngoctham Tian, husband and wife, as joint tenants, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only tennis, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of $_ 0 1 for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: I(VOfl( It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner S) Tning1. Do Noctharn Tran The City of Brooklyn Center By: Its: H:\Projects\09000\9354'R\V\Parcel Fi!es\Parcel 28- Trung Do\Memoratiduni ofAgicement - ResidentiaLdoc PLANNERS Consulting Group, Inc. October 31, 2017 Tning T. Do and Ngocthain Tran 3006 Slst Ave N Brooklyn Center, MN 55429 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS: 3006 SIsTAvEN PARCEL No.: 28 Dear Trung and Ngoctham: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $300.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a J7aiue Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Properly Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Properly Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. w w w. srf consult iii g. Co rn One Carlson Parkway North, Suite 150 1 Minneapolis, MN 554474453 1 763.475.0010 Fax: 763.475.2420 An Equal Opportunity Employer Trung T. Do and Ngocthani Tran -2- Parcel 28 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on / 3 day of , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Trung. Do Ngoctham Tran }-I:\Projects\09000\9354\RW\Parcel Files\Paicel 28- Tning Do\Offcr to Purchase - Residential.doc I E N G I N E FR S P LANNERS iD RSIGNFRS Consulting Group, Inc. I SRF No. 93 54.0290 j,Aj,LMfJtW BROOKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel No.: 28 Fee Owners: Trung T. Do and Ngoctham Tran Legal Description of property to be acquired: See Attached Exhibit A Temporary Construction Easement: 320 square feet IYII1Li [i]I Land Value Before Taking = $ 43,000.00 Land Value After Taking = $ 43,000.00 Indicated Damages =$ 0.00 Plus: Temporary Easement =$ 300.00 TOTAL (rounded) = $ 300.00 IflPiojectslO90009354fl W\Pcn ccl Files Pa,cc1 28- TrungDol Value ('alculationdoc EXHIBIT A A temporary easement for construction purposes over, under, across and through the South 4.00 feet of Tract C, REGISTERED LAND SURVEY NO. 492, Hennepin County, Minnesota. H:\Projects\09000\9354\RW\Exhibit A\Value Calc Exhibit A\Parcel 28 - Exhibit A.ciocx 0 25 so scale In feet I LEGEND AREAS (SOFT) I ----- EXISTING RIGHT OF WAY - TEMP EASEMENT I D&U, S/T NEW RE TEI CONST. LIMITS EASE _______________I PROPOSED FEATURES XTREE REMOVAL 320 3008 51ST AVE N PARCEL *28P10o 11211182111.0020 10/11/2017SP 10-020-013 P LANNERSM1 EJ E N C I N E E S DESIGNERS Consulting Group Inc. Appraisal Receipt and Disclosure Project Name: Brooldyn Boulevard Hennepin CSAR 152) Project County: Hennepin Property Address:_3006 51st Ave N, Brooklyn Center, MN 55429 Parcel No: 28 Owner(s): Trung T. Do and Ngoctham Tran Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 7, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this day of )\J V1 k-i 6 2017 Own Trung T. Do Ngoham Tran SRF Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 H:\Piojects\09000\9354\RW\Pat 'cel Files\Parccl 28- Trung Da\ApptaisalReceiptDisclosForrn - Residenlial.doo 1^1 H Consulting Group, Inc . MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT Parcel No: 29 Fee Owner: Sri Lakshmi Valiveti On this day of , 20 Sri Lakshmi Valiveti, a single person, Owner of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center and Hennepin County. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owner has been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owner understands that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owner understands and acknowledges that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the conveyance of aid property, the City of Brooklyn Center shall pay the Owner the sum of $_ ______ for land and damages. Owner understands that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally:( C ( A ,(v'-'J (J\ 'I'"* (4 It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner (s) The City of Brooklyn Center By: Sri Lkshmi Valiveti I l-I:\Piojccls\09000\9354\R\V\Parccl Piles\Patccl 29- Sri Lakslsmi Valiveti\Mcmoiandutis ofAgeeinenl - Residentialdoc ^( p ENGINEERS P LAN NEItS - D ESI GNERS Consulting Group, Inc. October 31, 2017 Sri Lakshmi Valiveti 3012 5lst Ave N Brooklyn Center, MN 55429 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS: 3012 515T AVE N PARCEL No.: 29 Dear Sri: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $1,200.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. ( - This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Properly Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $1,500.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst -case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Properly Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www.srfCoiisuiting.co iii One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447 -4453 I 763.475.0010 Fax: 763475.2429 An Equal Opportunity Employer Sri Lakshmi Valiveti -2 - Parcel 29 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER t'I -I CERTIFY THAT on day of C i. , 2017, this Offer to Purchase and T7alue Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. ,^ -U^ & Sri Lakshmi Valiveti H:\Piojects\09000\9354\RW'\Parcel FiIes\Parccl 29- Sri LksIimi Va1ivet9Offer to Purchase - Resideutial.doc P IANNERS F N C I N F F U S DESIGNERS Consulting Group s Inc. SRF No. 9354.0290 VALUE CALCULATION BRooKLYN BOULEVARD (HENNEPJN CSAH 152) Parcel No.: 29 Fee Owners: Sri Lakshmi Valiveti Legal Description of property to be acquired: See Attached Exhibit A Temporary Construction Easement: 440 square feet L1II!U[SJ Land Value Before Taking $ 43,000.00 Land Value After Taking $ 43,000.00 Indicated Damages =$ 0.00 Plus: Temporary Easement =$ 400.00 Affected Improvements :=$ 800.00 TOTAL (rounded) = $ 1,200.00 H.ProjecislO9OOO9354RW\Pwcel Files ParceI 29- Sri Lakslzmi Valis'eIiU'alue Calculation.doc EXHIBIT A A temporary easement for construction purposes over, under, across and through the South 4.00 feet of Tract B, REGISTERED LAND SURVEY NO, 492, Hennepin County, Minnesota. Together with a temporary easement for construction purposes over, under, across and through the North 8.00 feet of the South 12.00 feet of the West 15.00 feet of said Tract B. H:\Projects\09000\9354\RW\Exhibit A\VaItie Calc Exhibit A\Parcel 29- Exhbit A.docx 0 25 50 scale In feet 4L - LEGEND AREAS (SO FT) EXISTING RIGHT OF WAY TEMP EASEMENT I D&U, S/T I IICONST. LIMITS EASE NEW PE TEII PROPOSED FEATURES >(TREE REMOVAL 410 } 3012 51ST AVE N PARCEL 4t29PID-- 1011821110019 SF 10-020-013 10/11/2017 F LANNRSi El E N G N E R S D FSIGNIRS Consulting Group, Inc. AppraisaP Receipt and Djscosure Project Name: Brooklyn Boulevard G{ennepin CSAH 152) Project County: Heimepin Property Address 3012 51st Ave N, Brooklyn Center, MN 55429 Parcel No:29 Owner(s): Sri Lakshmi Valiveti Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 7, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this / day of (VO V( , 2017 Owner(s) SRF Consulting Group Inc. ^ . qO^_L Contact: Mike Iisalda Sri L'kshmi Valiveti Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 H:\Projccts\09000\9354\RW\Paicel Files\.Parcel 29- Sri Lakshmi Valiveti\AppraisnlReceiptDisclosForin - Residential,cloc C ^Dj L, E N G I N E F R S Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT Parcel No: 31 Fee Owners: Wells Fargo Bank M.innota On this - ' day of/o --- , 20l Wells Fargo Bank Minnesota, National Association, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: 1.The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owners understand and acknowledge that SRF 's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of _5, 3 '° for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4.Additionally: 1VOL It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) City of Brooklyn Center Wells F rgo Bank Minnesota \J By:( , A", By: Its: Its: C H:\Projects\09000\9354WJ'V\Parce1 Files\Parcel 31- Wells Fargo Bank Minnesota\Revlsed Documents\Mernorandum ofAgreement - Business.doe P LAI "i E] E N G N I N LESS N E R S D ES I G N ER S Consulting Group, Inc. November 6, 2017 Marquette Bank Brookdale Corporate Properties Group Attn: Brent B. Hanson MAC N9310-097 550 South Fourth Street Minneapolis, MN 55415 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS: 5620 BROOKLYN BLVD PARCEL No.: 31 Dear Brent: SRF No. 9354,0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $5,300.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Injorination for Pi'opei'Iy Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information lou Properly Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www.srfconsulting.com One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Marquette Bank Broolcdale 2 Parcel 31 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. , J(I 4 hL Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on 7day of NL , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Marquette Bank Brookdale By: Its: VIA H:\Projects\09000\9354\R\V\Parcel Files\Parcel 31- Marquette Bank Brookdale\Offer to Purchase - Business.doc r^jo I ENG "Lill D ES I GNERS Consulting Group, Inc SRF No. 9354.0290 VALUE CALCULATION BRooKLYN BOUJEVA1W (HENNEPIN CSAH 152) Parcel No.: 31 Fee Owners: Wells Fargo Bank, NA. Legal Description of property to be acquired: See Attached Exhibit A ACQUISITION INFORMATION Temporary Construction Easement: 1,778 square feet VALUATION Land Value Before Taking $997,900.00 Land Value After Taking $997 ,900.00 Indicated Damages 0.00 Plus: Temporary Easement =$ 3,100.00 Affected Landscaping = $ 2,200.00 TOTAL (rounded) =$ 5 9 300.00 1*lProjecIs\O9OOO9354lJ? lVl.Parcel Files Pa,cel 3]- Wells Fargo Bank A'JinnesofaRevised Documenls\ Value c'alculallon.a'oc EXHIBIT A A temporary easement for construction purposes over, under, across and through the most Westerly 9.00 feet of that part of Tract A, REGISTERED LAND SURVEY NO. 1029, Hennepin County, Minnesota lying easterly of the previously acquired easement as described in Document No. 914924 on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota. H:\Projects\09000\9354\RW\Exhibit AValue Calc Exhibit A\Parcel 31 - Exhibit A.clocx 01 0 25 50 - NB BROOKLYN BLVDIscale Ic feet - 72. VIALK TO EDGE OF BUIJNG I oj - -- -1• _________ HI -I • r IV PARCEL 31 J4 4 rDRAFT1 J SUBJECT TO CHANGE LEGEND - AREAS (SOFT) EXISTING RIGHT OF WAY ---- TEMP EASEMENT D&U, S/T --CONSL LIMITS EASENEW_- E PROPOSED FEATURES TREE REMOVAL I - 1778 5820 BROOKLYN BLVD PARCEL *31PID 0311821410001 SP 10-020-013 10/11/2017 D LI'J E N CN E F R I\ rT PLANNERS J-?2 LN U D F S I C N E R S Consulting Group, Inc. Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address:5620 Brooklyn Blvd, Brooklyn Center, MN 55429 Parcel No: 31 Owner(s): Wells Fargo Bank Mhmnota 1 V , 11 . Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a fomial offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 18, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the govermnentalagency must reimburse for reasonable costs of the appraisal fee incurred by the owner rip to a maximum of $1,500 for single family and two-family residential properly and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this 9day of ,2017 Owner(s): SRF Consulting Group Inc. Wells Fargo Bank Miiiesota ('/ 4 By:________ Contact: Mike Iisalda Address: One Carlson Pkwv N.. Suite 150 Its: VP Minneapolis, MN 55447 Phone: 763-249-6775 H:\Projccls\09000\9354\RW\Parcel Files\Parcel 31- Wells Fargo Bank Minnesola\Revised Docurnents\AppraisalReceiplDisclosFortn - Business.doc E N G N F E R S IIIj LJ E]N I P LANERS DESIGERSN Consulting Group, Inc. MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPThT CSAH 152) PROJECT Parcel No: 32 Fee Owners: Brookdale Real Estate Inc. On this day of , 201 Brookdale Real Estate Inc., a Minnesota corporation, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard (Hennepin CSAH 152) Project. 2.The Owners understand and acknowledge that SIRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. 3.That in frill compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of _1' / 00 for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) City of Brooklyn Center Brookdale 4-,e-al Estate Inc. By:_________________________ By:____________ its: \Ow1c /01'0 1'ar - Its:______________ H:\PIojects\09000\9354\RW\PaFceI Files\Parcel 32-Brookdale Real Eslate\MeInoIRIIdLInI of Agreement - Busiisessdoc 9 DlE] ENGINEERS 7 PLANNERS L - DESIGNERS Consulting Group, Inc. November 6, 2017 Brookdale Real Estate Inc. 5740 Brooklyn Blvd Brooklyn Center, MN 55429 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEP[N CSAH 152) PROJECT PROPERTY ADDRESS: 5740 BROOKLYN BLVD PARCELNO.: 32 To Whom It May Concern: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the sum of $11,100.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Information for Properly Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Properly Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www.srfconsiilting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 j 763.475.0010 Fax: 763475.2429 As Equal Opportssuify Employe) Brookdale Real Estate Inc. -2- Parcel 32 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTING GROUP, INC. a. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on c day of , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Rmnkdale Real Estate Inc. By Its: H:\Piojeots\09000\9354\R\V\Patcel Files\Parcel 32Brookda!e Real Estate\Offei' to Purchase - Busincss.doc P LANNERS161 :4 11 E N GIN EE RS DESIGNERS Consulting Group, Inc. SRF No. 9354.0290 VALUE CALCULATION BRooKIxN BOULEVARD (HENEP1N CSA-1-1 152) Parcel No.: 32 Fee Owners: Brookdale Real Estate Inc. Legal Description of property to be acquired: See Attached Exhibit A Drainage and Utility Easement: 553 square feet Temporary Construction Basement: 1,038 square feet VALUATION Land Value Before Taking $495,500.00 Land Value After Taking $489,100.00 Indicated Damages - $ 6,400.00 Plus: Temporary Basement = $ 1,800.00 Affected Improvements = $ 2,900.00 TOTAL (rounded) = $ 11,100.00 H.Projcc/sO9OUO\9354Ra4PaicefFj1eslparcel 32-Brook-dale Real Es! ate Value L'alculafjon.doc EXHIBIT A A perpetual easement for drainage, utility and sidewalk purposes over, under, across and through that part of the following property: The Westerly 315 feet of the Southerly 314.31 feet of Lots 45 and 46, AUDITOR'S SUBDIVISION NO, 216, Hennepin County, Minnesota except that part thereof which lies westerly of a line run parallel with and distant 80 feet easterly of the first following described line (Line 1) and except that part thereof lying northerly of a line run parallel with and distant 40 feet southerly of the second following described line (Line 2): Line 1: Beginning at a point on the south line of Section 3, Township 118, Range 21, Hennepin County, Minnesota distant 752.42 feet west of the southeast corner thereof; thence run northwesterly at an angle of 71 degrees 53 minutes 30 seconds with said south section line for 970.49 feet; thence deflect to the right at an angle of 6 degrees 02 minutes 45 seconds for 1343.96 feet; thence deflect to the right at an angle of 5 degrees 32 minutes 30 seconds for 769.44 feet; thence deflect to the left on a 3 degree 00 minute curve (delta angle 9 degrees 36 minutes 45 seconds) for 320.42 feet and there terminating. Line 2: From a point on the south line of said Section 3 distant 752.42 feet west of the southeast corner thereof; thence run northwesterly at an angle of 71 degrees 53 minutes 30 seconds with said south section line for 970.49 feet; thence deflect to the right at an angle of 6 degrees 02 minutes 45 seconds for 1343.96 feet; thence deflect to the right at an angle of 5 degrees 32 minutes 30 seconds for 930.03 feet; thence deflect to the left at an angle of 9 degrees 36 minutes 45 seconds for 56.70 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 103 degrees 37 minutes 30 seconds for 300 feet and there terminating. And except a triangular piece adjoining and southerly of the above described strip, easterly of a line run parallel with and distant 80 feet easterly of Line I described above and northwesterly of the following described line: Beginning at a point on said 80 foot parallel line distant 100 feet southerly of its intersection with a line run parallel with and distant 40 feet southerly of Line 2 described above; thence run northeasterly to a point on said 40 foot parallel line distant 100 feet easterly of said intersection. Said perpetual easement being that part of said described property lying westerly of a line run parallel with and distant 130.00 feet easterly from the west line of said Lot 46, A 5.00 foot temporary easement for construction purposes over, under, across and through the following described property: The Westerly 315 feet of the Southerly 314.31 feet of Lots 45 and 46, AUDITOR'S SUBDIVISION NO. 216, Hennepin County, Minnesota except that part thereof which lies westerly of a line run parallel with and distant 80 feet easterly of the first following described line (Line 1) and except that part thereof lying northerly of a line run parallel with and distant 40 feet southerly of the second following described line (Line 2): H:\Projects\09000\9354\RWExhibit A\Value Calc Exhibit A\Prcel 32 - Exhibit A.docx EXHIBIT A Line 1: Beginning at a point on the south line of Section 3, Township 118, Range 21, Hennepin County, Minnesota distant 752.42 feet west of the southeast corner thereof; thence run northwesterly at an angle of 71 degrees 53 minutes 30 seconds with said south section line for 970.49 feet; thence deflect to the right at an angle of 6 degrees 02 minutes 45 seconds for 1343.96 feet; thence deflect to the right at an angle of 5 degrees 32 minutes 30 seconds for 769.44 feet; thence deflect to the left on a 3 degree 00 minute curve (delta angle 9 degrees 36 minutes 45 seconds) for 320.42 feet and there terminating. Line 2: From a point on the south line of said Section 3 distant 752.42 feet west of the southeast corner thereof; thence run northwesterly at an angle of 71 degrees 53 minutes 30 seconds with said south section line for 970.49 feet; thence deflect to the right at an angle of 6 degrees 02 minutes 45 seconds for 1343.96 feet; thence deflect to the right at an angle of 5 degrees 32 minutes 30 seconds for 930.03 feet; thence deflect to the left at an angle of 9 degrees 36 minutes 45 seconds for 56.70 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 103 degrees 37 minutes 30 seconds for 300 feet and there terminating. And except a triangular piece adjoining and southerly of the above described strip, easterly of a line run parallel with and distant 80 feet easterly of Line I described above and northwesterly of the following described line: Beginning at a point on said 80 foot parallel line distant 100 feet southerly of its intersection with a line run parallel with and distant 40 feet southerly of Line 2 described above; thence run northeasterly to a point on said 40 foot parallel line distant 100 feet easterly of said intersection. Said 500 foot temporary easement lies easterly of and adjacent to a line run parallel with and distant 130.00 feet easterly from the west line of said Lot 46. Together with a temporary easement for construction purposes over, under, across and through that part of said described property lying northerly of a line described as commencing at the northeast corner of said described property; thence westerly along the northerly line of said described property a distance of 47.80 feet to the point of beginning of said described line; thence southwesterly deflecting to the left 14 degrees 37 minutes 00 seconds a distance of 64.30 feet to the northwesterly line of said described property and there terminating. H:\Projects\09000\9354\RW\Exhjbjt A\Value Gaic Exhibit A\Parcet 32 - Exhibit A.docx 25 9.1 -I scale Is feet 9240 ,64 - NB BROOK L YNBLVD-: TO EDGEl- FARCE ip / SUBJECT] I I ,,// !/TO _CHANE LEGEND AREAS (SOFT) EXISTING RIGHT OF WAY TEMP EASEMENT D&U, S/TCONSI, LIMITS EASE NEW PE TE PROPOSED FEATURES TREE REMOVAL 553 1038 o 5740 BROOKLYN BLVD PARCEL 432 PIDg 0311821140001 SP 10-020-013 10/11/2017 F N G I N E ER S P IAN NESS D E S I G NESS Consulting Group, Inc. Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address:5740 Brooklyn Blvd, Brooklyn Center, MM 55429 Parcel No: 32 Owner(s): Brookdale Real Estate Inc. Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 7, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential properly and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this day of ,2017 Owner(s): Biookda e R B iY Its: falllv SRF Consulting Group Inc. Contact: Mike Iisakka Address: OneCarisonPkwyN.,Suite150 Minneapolis, MN 55447 Phone: 763-249-6775 FI:\Projects\09000\9354\RWParcel Files\Parcel 32-Brookdale Real Estate\AppraisalRcceiptDisclosFoiin - Businessdoc [iJj I E N G I I1 N E E S S S I P [ANNES I D [SIGNERS Consulting Group, Inc. I SRF No. 9354.00 ADMINISTRATIVE SETTLEMENT MEMORANDUM Date: December 7, 2017 To: Mike Albers PROJECT ENGINEER From: Mike Iisakka, Right of Way SUBJECT: PROJECT NAME: CSAH 152 (Brooklyn Boulevard) PROPERTY ADDRESS: 5740 Brooklyn Blvd. PARCEL NO.: 32 The certified offer was made on October 30, 2017 in the amount of $11,100.00. The acquisition consists of 1,038 square feet of temporary construction easement and a Drainage and Utility/Sidewalk and Trail Easement consists of 553 square feet. Also, the acquisition compensates $2,900 for irrigation system damages quote submitted by Advanced Irrigation, Inc. In lieu of additional costs foreseeable in condemnation, we are recommending settlement in the amount of $13,764.00 Certified value: $ 11,100.00 Description of administrative adjustments: Adjusted per square foot value to temporary easement and drainage and utility/ sidewalk and trail easement. $ 2,664.00 Total Adjustments: $ 2,664.00 SETTLEMENT TOTAL: $13,764.00 APPROVAL: By: Date Its: www.srfconsulting.com One Cannon Parkway North, Suite 150 I Minneapolis, MN 55447-4413 1 763.4750010 Fax: 763.475.2429 An Equal O;qor!u,:i1ii Lsiij:loyr'r I EJ DES I C NE RS Consulting Group, Inc MEMORANDUM OF AGREEMENT BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT Parcel No: 35 Fee Owners: Ridgecrest Brooklyn Center I, LLC On this day of , 20Ridgecrest Brooklyn Center I, LLC, a Minnesota limited liability company, Owners of the above described parcel of property located in County of Hennepin, State of Minnesota, did execute and deliver a conveyance to the aforesaid real estate to the City of Brooklyn Center. This agreement is now made and entered as a Memorandum of all the terms, and the only terms, agreed upon in connection with the above transaction. It is hereby acknowledged and agreed upon between the parties that: The Owners have been furnished with the approved estimate of just compensation for the property acquired and a summary statement of the basis for the estimate. The Owners understand that the acquired property is for use in connection with the construction of the Brooklyn Boulevard Hennepin CSAH 152) Project. The Owners understand and acknowledge that SRF's representatives have no direct, indirect, present or contemplated future personal interest in the property or in any benefits from the acquisition of the property. That in full compensation for the conveyance of said property, the City of Brooklyn Center shall pay the Owners the sum of$_I,w. for land and damages. Owners understand that payment by the City of Brooklyn Center must await approval of title and processing of a voucher. 4. Additionally: It is understood and agreed that the entire agreement of the parties is contained in this Memorandum of Agreement and that this Agreement supersedes all oral agreements and negotiations between the parties. Owner(s) City of Brooklyn Center Ridgecrest Brooklyn Center I, LLC By: By: Its: Its: H:\Projects\09000\9354\RW\PareelFites\ParceI 35- RidgeciestBrooklyn Center I, LLC',Memorandurn of Agreement - Business.doo P LANNEFSE] E NGINEEIS D Consulting Group, Inc November 6, 2017 Ridgecrest Brooklyn Center I, LLC do Trent Mayberry Two Carlson Parkway, Suite #220 Plymouth, Minnesota, 55447 SUBJECT: OFFER TO PURCHASE BROOKLYN BOULEVARD (HENNEPIN CSAH 152) PROJECT PROPERTY ADDRESS: 5500 BROOKLYN BLVD PARCEL No.: 35 Dear Trent: SRF No. 9354.0290 As you may be aware, The City of Brooklyn Center and Hennepin County are acquiring right of way for the above referenced project. This letter constitutes the City's formal offer for the purchase of the necessary land rights. The City of Brooklyn Center hereby offers all parties who may have an interest in the real estate to be acquired the suin of $1,700.00, which has been determined to be just compensation for such property and rights based upon the fair market value of the property. Attached to this letter is a Value Calculation setting out the basis for this determination. This offer is made pursuant to the Market Value Appraisal procedures provided for under Minnesota law. The City of Brooklyn Center previously, or with this offer, has provided you with a copy of "Acquisition Infoji ationfoi Property Owners" brochure. You will have a reasonable length of time to consider the offer. To aid in your decision you may wish to secure your own appraisal. Minnesota law provides reimbursement in an amount not to exceed $5,000.00 for the actual costs of an appraisal of property acquired by direct purchase. If you accept the offer, the parcel will be acquired by direct purchase and you will be paid upon satisfactory evidence of marketable title. In the worst-case scenario that a mutually acceptable agreement cannot be arrived at in a timely manner, the property may be acquired in an eminent domain proceeding. Your signature on this OFFER TO PURCHASE is only for the verification that such an offer has been made to you and verification that the "Acquisition Information for Property Owners" brochure has been received by you. Your signature below does not prejudice your right to have the final amount determined through eminent domain proceedings in the event you do not accept the offer. www. sr fc o ii s u It in g Co rn One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 763.475.2429 An Equal Opport,uiily Employer Ridgecrest Brooklyn Center I, LLC -2- Parcel 35 On behalf of The City of Brooklyn Center and Hennepin County we wish to thank you for your cooperation and assistance and we look forward to working with you toward a mutually satisfactory completion of the acquisition process. Sincerely, SRF CONSULTThTG GROUP, INC. Mike Iisakka Senior Right of Way Specialist Attachments ACKNOWLEDGMENT OF RECEIPT OF OFFER I CERTIFY THAT on day of , 2017, this Offer to Purchase and Value Calculation was received by me from the above Right of Way Specialist; I also acknowledge the receipt of a brochure explaining the land acquisition process and the Owner's rights, privileges and obligations. Ridgecrest Brooklyn Center I, LLC By: Its: H:Wrojects\09000\9354\RW\Parcel Files\Parcel 35 Ridgecrest Brooklyn Center I, LLC\Offer to Purchase - Business.doc P LANNERSLIINN E NC 1 N E ER S D ESGNERS Consulting Group, Inc. SRF No. 93 54.0290 VALUE CALCULATION BROOKLYN BOULEVARD (HENNEPIN CSAH 152) Parcel Nb.: 35 Fee Owners: Ridgecrest Brooklyn Center I, LLC Legal Description of property to be acquired: See Attached Exhibit A Temporary Construction Easement: square feet VALUATION Land Value Before Taking = $554,300.00 Land Value After Taking =155 4 ,30 0 .00 Indicated Damages 0.00 Plus: Temporary Easement $ 1,700.00 TOTAL (rounded) =$ 1,700.00 JI:ProjecIsVJ9OOO9354RWlPorcel FikstParcnl 35- Ridgecresl Brooklyn center I, LLCVa1ue Calculation, doc EXHIBIT A A temporary easement for construction purposes over, under, across and through that part of the most Westerly 8.00 feet of Tract E, REGISTERED LAND SURVEY NO. 1419, Hennepin County, Minnesota lying southerly of the North 114.00 feet thereof. Together with a temporary easement for construction purposes over, under, across and through that part of said Tract E lying southerly of a line run parallel with and distant 227.00 feet southerly of the northerly line of said Tract E and lying westerly of a line run parallel with and distant 93.00 feet easterly of the most westerly line of said Tract E. H:\Projects\09000\9354\RW\Exhibit A\Value Calc Exhibit A\Parcel 35 - Exhibit A.docx Ifet — 25 50 1. NB BROOKLYN BL di 6' I 1 !42'TD - - -- ------ - -I OBUfto(( - - - - Ln Lo I .- --- - r— ;- -_ çTY1 '5500 L - - " ========, - --- DRAFT SUBJECT TO MANGE LEGEND - AREAS (SOFT) EXISTING RIGHT OF WAY --- TEMP EASEMENT D&U, S/TCONST, LIMITS EASE NEW PE TE PROPOSED FEATURES TREE REMOVAL 700 5500 BROOKLYN BLVD PARCEL 35PlDg 0311821440032 SF 10-020-013 - 10/11/2017 E1EJ P LAIN ER S Consulting Group, Inc. Appraisal Receipt and Disclosure Project Name: Brooklyn Boulevard (Hennepin CSAH 152) Project County: Hennepin Property Address:5500 Brooklyn Blvd, Brooklyn Center, MN 55429 Parcel No: 35 Owner(s): Ridgecrest Brooklyn Center I, LLC Minnesota law requires that governmental agencies acquiring property for public highways and other purposes provide the affected property owner with a formal offer to purchase the necessary rights, a description of the basis for the valuation used by the Agency and a copy of the Agency's appraisal(s) of just compensation. Accordingly, enclosed is a copy of the appraisal(s) for the above property prepared by DKJ Appraisal, LLC, dated September 25, 2017. Minnesota law also provides that the owner of the affected property may acquire his/her own independent appraisal for the proposed acquisition and that the governmental agency must reimburse for reasonable costs of the appraisal fee incurred by the owner up to a maximum of $1,500 for single family and two-family residential property and minimum damage acquisition, and up to a maximum of $5,000 for other types of property. In order to be entitled to reimbursement, the owner must comply with the following: 1.The owner's appraisal must be prepared by a qualified appraiser who is licensed under Minnesota appraisal licensing laws. 2.Payment for the appraisal will be reimbursed within 30 days after receiving a copy of the appraisal and the paid receipt from the appraiser. (Upon agreement between the acquiring authority and the owner, the acquiring authority may pay the reimbursement directly to the appraiser.) If you choose to obtain your own appraisal, we would request that the appraiser be instructed to provide you with two copies of his/her appraisal report. Please feel free to contact the undersigned agent with any questions you might have. Thank you for your cooperation. Appraisal received this 21 day of 2017 Owner(s): Ridgecrest Brooklyn Center I, LLC By: Its: SPY Consulting Group Inc. Contact: Mike Iisakka Address: One Carlson Pkwy N., Suite 150 Minneapolis, MN 55447 Phone: 763-249-6775 H:Wrojects\09000\9354'RWParce1 Flles\Parcel 35- Ridgecreot Brooklyn Center I, LLC\AppiaisalReceiptDisclosForni - Business.doc Wrk SsskIrll Agenda AGENDA CITY OF BROOKLYN CENTER CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 8, 2018 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. 1.Trunk Highway (TH) 252 Corridor Study - Update 2.Conducting City Council Business Electronically Later/Ongoing 1. Food Trucks Update - January 2, Overnight Parking - January 3.Seasonal Marketplace (Lennie Chism) - January 4.Naturally Occurring Affordable Housing Policy - February 5.South Opportunity Site Development - February 6.City Council Code of Policies (October 9 Study Session Discussion) a.Section 2.70 Street and Alley Lighting Policy b.Section 2.93 Long-Term Deer Population Management Plan 7. Tobacco Purchase Age 21 (Brooklyn Youth Council) W©rt §esskm Agenda- ]It©m N©0 Ii IhYA flIYA [I]tiI IIIJhYA O]JJ[i1 I !&I) 1 J 3L'Jb1 [I]I DATE: January 2, 2018 TO: Curt Boganey, City Manag1 THROUGH: Cote, P.E., Public Works Director FROM: Mike Albers, Acting City Engineer SUBJECT: Trunk Highway (TH) 252 Corridor Study - Update Recommendation: It is recommended that the City Council provide direction to staff regarding the TH 252 freeway conversion. 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 as a planning and development guide for TH 252 from 1-94/694 to TH 610 with recommended interchange access configuration in Brooklyn Center including a full access interchange at 66th Avenue, closure of the 70 Avenue intersection and construction of a pedestrian bridge and a full access combination with Brookdale Drive at 73rd Avenue as described and depicted in the TH 252 Corridor Study. It should be noted that the recommended improvements at 73rd 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 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 70th Avenue into a limited access freeway by converting an at-grade signalized intersection to an interchange at 66th 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. The City also submitted a successful regional solicitation funding application for construction of a pedestrian bridge at 70th Avenue and was awarded $1.9 million in federal FY 2021 funding. In 2017, the City submitted a successful Minnesota Highway Freight Program (IVIHFP) grant application for the 66th Avenue project. This application was awarded $10 million in FY 2020 funding. The total estimated project cost for the interchange at 66th 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 has budgeted approximately $5.5 million in the Capital Improvements Plan (CIP) for its local share of project costs. Mission: Ensuring an attractive, clean, safe, inclusive coininuintv that enhances the quality of life for all people and preserves the public tilist IL'A I ai'i cs] 1WI IlUJk'A II1IJ(i1 I '!'LI] 1 t1 FfJ (I]I This results in an approximate $10.5 million funding gap for the project. To date, MnDOT has not committed any funds for this project. In January 2017, Hennepin County initiated a TEl 252 Freeway Conversion Study in partnership with MnDOT, the cities of Brooklyn Center and Brooklyn Park and Metro Transit for the development of a concept for the conversion of TH 252 between 66 th Avenue in Brooklyn Center to TH 610 in Brooklyn Park from a four/six lane expressway to a four or six lane freeway. The study will develop and review various access layouts to improve safety and mobility along TH 252 between Hwy 610 and 1-694. Additional goals of the project include providing community connectivity, pedestrian accommodations, access to transit services and maintaining existing infrastructure investments. As part of the study, two open houses were held in early September 2017 to provide information about the corridor issues and needs along with the purpose of the study. The meetings were well- attended by local residents, commuters and businesses. The project team also asked open house attendees to provide input on the study for the proposed project. The results of the open house are included in the attached open house summary. Following the open houses, the Federal Highway Administration (FHWA) recommended starting the Environmental Assessment (EA) process to further refine the social and environmental impacts of converting TH 252 to a freeway. Also following the open houses, MnDOT identified TH 252/1-94 as a strong candidate for a MnPASS express or toll lane from TH 610 to downtown Minneapolis. MnDOT presented the findings of their MIIPASS System Study Phase 3 to the TH 252 Policy Advisory Committee (PAC) on November 13, 2017, and a copy of their presentation is attached. The staffs of Brooklyn Center, Brooklyn Park, Hennepin County and MnDOT have tentatively agreed on a cost sharing scenario for the $3.9 million EA that would include the freeway conversion as well as a MnPASS lane on TH 252 from TEl 610 to Dowling Avenue in Minneapolis. The proposed cost share is as follows: Brooklyn Center - 10 percent Brooklyn Park - 14 percent Hennepin County —25 percent MnDOT —51 percent A formal cost sharing agreement will be prepared by Hennepin County for consideration by the city councils of Brooklyn Center and Brooklyn Park. A separate agreement between Hennepin County and MnDOT will also be prepared by Hennepin County. Hennepin County staff has also requested cost participation from the Metropolitan Council, Anoka County and the City of Minneapolis. None of these entities have agreed to funding the EA as of this date. The next steps will then be to determine and provide a preferred 66th Avenue interchange alternative to the City Council for formal consideration and to identify additional funding opportunities to bridge the funding gap and to continue the more detailed Freeway Conversion Study led by Hennepin County. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust kA I MhYA (I]t1I PIIIhYA S[I1IJ[iJ I !&I] 1 i1 *i [I)I The goal of the Freeway Conversion Study is to develop a detailed geometric layout for the entire corridor, including determining a preferred alternative for the Brooklyn Park portion of the corridor north of 73rd Avenue. The total estimated cost of converting TH 252 to a freeway and add a MnPASS lane excluding the 66th Avenue interchange is $150 million. Hennepin County will be preparing a funding request for the conversion through the Corridors of Commerce program this year. Policy Issues: Does the City Council have any comments or questions pertaining to the process, alternatives, or final planned public engagement activities prior to considering a preferred alternative? Will the City Council support Hennepin County's Corridors of Commerce funding request? Does the City Council support the EA funding scenario described above? Strategic Priorities: Key Transportation Investments Mission: Ensuring an attractive, clean, safe, inclusive conz,nunitv that en/lances the quallti' of life for all people and preserves the public trust TH 252 CONVERSION STUDY PUPLK: ENGAGEMENT SUMMARY FOR OPEN HOUSE EVENTS: SEPTEMBER 06, 2017 I BROOKLYN PARK, MN SEPTEMBER 07, 2017 I BROOKLYN CENTER, MN coiiiniunUy bdesign imgroup 100 01 Introduction [4] 02 Key Themes [6] 03 Summary:: Open House #1 Brooklyn Park [8] 04 Summary:: Open House #2 Brooklyn Center [10] 05 What's Next [12] 06 Appendix [14] 1 I Engagement Summary [odto1 - 2 1 TH 252 Conversion Study About This Study MnDOT, Hennepin County and the cities of Brooklyn Center and Brooklyn Park are studying several access concepts to improve safety and mobility along Hwy 252 between Hwy 610 and 1-694. Additional goals of the project include providing community connectivity, pedestrian accommodations, access to transit services, and maintaining existing infrastructure investments. Two open houses were held in early September to provide information about the corridor issues and needs along with the purpose of the study. The meetings were well-attended by local residents, commuters and businesses. The project team also asked open house attendees to provide input on the proposed project. Summary of Work ii Study traffic flows and the crash history in the area El Estimate future traffic flows and options to improve safety and circulation u Develop options for interchanges, overpasses or closures to replace signalized intersections El Develop conceptual designs and recommend one option for further study D Seek feedback from residents, business owners and commuters El Identify how to fund the improvement 31 Engagement Summary 102 Event goals for participants included opportunities for feedback regarding selection of recommended concepts presented. The project team received around 45 completed comment cards and 487 sticker engagements. A total of 263 people signed in as participants at the two open houses. Boards Outlined: Li Purpose and Goals Li Overall Process and Schedule Li Corridor Safety Issues Li Existing Traffic Conditions D Future Traffic Operations [1 Expected Roadway Operations Li Access Concepts [1 2040 Traffic Projections on Local Streets [1 Access Type Examples Li Access Concept Evaluation Summary Li Existing Roadway Configuration Li Access Concepts 1-6 Li Next Steps Activities Included: [1 Sticky dots handed out for use to select preferred access concept(s) Li Sticky notes available for use to provide comments on individual concept boards [1 Comment Cards available for providing detailed commentary regarding the overall project and data presented at the open houses 4 1 TH 252 Conversion Study 40 Key Themes from Activities Dot boards presenting the existing condition along with 6 concepts for potential improvement for the TH 252 corridor were made available for participants at each of the two open houses. Participants could use up to two (2) dots to indicate their preferences. Comment cards were available for participants to provide detailed feedback in writing about topics of their choice. Concept Preference Results: El Through engagement in both communities, Concept 5 received the most dot stickers indicating preference (159 of 487 total stickers) Li Feedback from the Brooklyn Park open house event favored Concept 5 L Feedback from the Brooklyn Center open house event favored Concepts 3 and 6 equally iii Concept 1 received the fewest dot stickers overall (14) Comment Card Results - Prominent Themes of Concern/Interest: El 73rd Avenue N :: Questions regarding its use as an exit given the fact it dead-ends at Palmer Lake 66th Avenue N:: Interchange proposal called "dangerous," "bad place for interchange," "death trap" U Safety:: Concerns that construction will lead to unsafe increases of neighborhood traffic [L I-f . .t' 5 1 Engagement Summary 03 iuiiiiui&v Open House #1 Brooklyn Park An open house was held at Discover Church in Brooklyn Park on Wednesday, September 06, 2017. The project team set up boards on easels to facilitate viewing of project data. Participants could use sticker dots to indicate their preference for specific concepts. Tables were available for filling out comment cards. A total of 190 people signed in as participants at this open house. Key Points — Dot Preference Activity Concept 5 received the highest quantity of sticker dots. Preference is ranked below. Existing Roadway 27 Access Concept 1 13 Access Concept 2 14 Access Concept 71 Access Concept 4 40 Access Concept 5 140 Access Concept 62 Total Count 367 Best connectivity Acceptable interchange spacing Medium change in local travel times (5% increase) Similar crash rate on local roads as today $3.7M crash cost savings per year along Hwy 252 ' Best pedestrian and bicycle access (5 connections across Hwy 252) resblyn Place your comments on Post-it notes below 05th Ave '—.HonrbotdtAvo - Brook dale Dr •--;-•-- - \\ Place your dots below it you prcfor Access Concept 5 73rd Ave I) O(..I• ( 70th Ave 0 '•'•1 Oj t•1 0 • e6rhAvo.4. 0 r Ctr Ot i: t-( • • Go qh. - D050rdrncrmQ,5j, 6 1 TH 252 Conversion Study 40( Key Points — Comments A number of written comments referenced 12 categories. Of those 12 categories, 73rd Avenue, West River Road and Public Transit were most frequently mentioned. Major Themes U West River Road :: A majority of comments on this subject requested West River Road be re-opened to traffic at 74th Avenue. A few comments were opposed to this option, and one commenter sLiggested doing so would make it -the "defacto detour" u Public Transit:: Comments pertaining to public transit suggested concern about transit placement and services, including greater east-to-west transit options and questions regarding impacts to the 766 route if the 81st exit is closed O 73rd Avenue :: Many questioned the use of 73rd Avenue as an exit point. As one commenter asked: "why leave 73 open - goes nowhere" Complete Cateqorized Comment Totals Safety W Public 85th Hum-8'ook 73rd 70th 66th poise Envi-Ike/ River Transit bodt dale ron-Pod Road Dr nient 3 5 5 2 1 2 6 3 2 3 1 12 Selected Comments "Good job all around. I feel that on all concepts the old west river road should have its connection back to help with locals accessing the proposed freeway, east of 252 in the 73rd Ave neighborhood." "Yes to improvements on 252. The current merge to 2 lanes and then expand again is cause for fear on driving. Please do not take away any crossings." Study Purpose and Goals The purpose of the study is to improve safety and nobility along Hwy 252 between Hwy 610 and 1.694. Additional elements of the study include providing community connectivity, pedestrian ,ccommnodations, access to transit services, and . maintaining existing infrastructure investments. For Mom Inf,nrrad,n lnfernr63onO rnsrev8s and a start onion mnvs5wtI Ire are 60, the era /v.ntcave,tnrr&rrn-rirrrnrruton.crcv..,v302rrrnM Csrdant try, Ab-PE I Uy or Brookryr Cnrync Pr4aor Ergracr 6301 0b 04n Crook l'lr,vC Orcckt1n Cerrtam, MO 55430 vahors0twrr,cocnrsrovra 17531 563-3326 Con1rr,ice Concept Oavelop,munr eea 71 Engagement Summary I 04 Summary Open House #2 Brooklyn Center An open house was held at the Brooklyn Center Community Center on Thursday, September 07, 2017. The project team set up boards on easels to facilitate viewing of project data and tables were available for filling out comment cards. A total of 73 people signed in as participants at this open house. Key Points Dot Preference Activity Concepts 3 and 6 received the highest quantity of sticker dots. Preference is ranked below. Existing Roadway 21 Access Concept 1 1 Access Concept 2 13 Access Concept 3 23 Access Concept 4 20 Access Concept 5 19 Arrrcc fl,r\1- A 9 Total Count I 120 Place your comments on Post-it notes below OOlhAoe H,rn,boldtAve year along Hwy 252 Bookd leD • Good pedestrian and bicycle access (3 connections across Place your dots below if you preferAccess Concept 6 73dAHwy 252) 7011 A a -•- 661h Ave - --. •- WD Co 91 , ( 1/-i//7 8 1 TH 252 Conversion Study Better connectivity Acceptable interchange \ spacing High change in local travel - times (5-10% increase) ° Similar crash rate on local roads as today $3.61M crash cost savings per LV Key Points - Comments A number of written comments referenced 12 categories. Of those 12 categories, 66th Avenue and Safety were most frequently mentioned. Major Themes o 66th Avenue N :: Many commenters were concerned that the proposed 66th avenue interchange would be dangerous and scary and needed to be reconsidered. El Safety :: Comments regarding safety fell into two categories: suggestions for how the project could enhance walking and driving safety, and concern that project construction would increase traffic and make neighborhoods more dangerous. Complete Cateqorized Comment Totals Safety W Ptthlic 85th Hum-Bro-ok 73rd 70th 66th I\ktise Envi Bike/ V e r Trarsi boldt d a I 0 r o r Ped Road Dr meat 0 0 0 0 1 1 3 0 8 0 1 8 Selected Comments "The proposed 66th interchange is incredibly dangerous and short sighted." "Our concern is at 66th and 252. The entrance from 252 to 94 seems to close when cars are coming down 252 at 60 MPH and you have to cross over to 60 onto 94." "I'm concerned about all the traffic coming into my neighborhood and the safety of my grand children, my neighborhood children with a roundabout in front of my house." Study Purpose and Goals ° The purpose of the study is to improve safety and . .. .. mobility along Huuy 252 between Hwy 610 and 1-694. Additional elelenrente of the study include providing community connectivity, pedestrian accommodations, access to transit—vi—, and n maintaining existing infrastructure investments. a ForMerePtonnatmo Centant -, rJ'uubnra. FECnAEmdlyr Ccnrt FrOccr trouser l4nt4 Iu SrplSs*scoCcctphsy 6uuuyncsrtcrMtl15su30 - Jl?6te5322x Cxnrnr,isrCxrueytDsrduevrl t,coktn9 Iu11 9 1 Engagement Summary "A Previous Studies 2011 2017 0 Benefit-Cost Analysis Finalize Detailed Concept PUBLIC OUTREACH: • Confirm Goals and Objectives • Review Previous Design Data and Studies • Data Collection • Develop Evaluation Criteria • Detailed Concept • Benefit-Cost • Sequencing Plan • Funding Strategies and Opportunities PUBLIC OUTREACH: 0 City Council Updates Access Location I I Refine/Develop Evaluation Roadway, Interchange andPUBLIC OUTREACH:Bridge Concepts Goals/Schedule I U DrainageIu Access Concepts I Evaluation n Concept I Evaluation I PUBLIC OUTREACH: Previously Considered /Concepts 0 Remaining 2 Concepts WE ARE HERE n What's Next? ^' UZA),6, 1 ON 641L Mar-Apr 20182017Jan-Feb 2018 10 1 TH 252 Conversion Study 40 Se Member- December 2017 -I n Select Access Location Concept Li Refine/Develop Roadway, Interchange and Bridge Concepts Drainage Evaluation PUBLIC OUTREACH: ° Open House late 2017— early 2018 ° Previously Considered Concepts ° Remaining 2 Concepts We appreciate your feedback. Thank you for attending! roTh IJ1 Co,nCocptOeveioentCIVAIJTTM 'if 111 Engagement Summary [Ap pen dix 1 Open House Presentation Boards [1 The purpose of the study is to improve safety and mobility along Hwy 252 between Hwy 610 and 1-694. H Additional elements of the study include providing community connectivity, pedestrian - accommodations access to transit services I v and maintaining existing infrastructure investments The final recommendations need to be supported by the project partners: Hennepin County City of Brooklyn Center -- , • City of Brooklyn Park MnDOT / -. t FHWA >> MetroTransit ( Metropolitan Council . cR 12 1 TH 252 Conversion Study L1-I\ Previous Studies 40 May-Jun 2011 Jul-Aug 2011 Se -Dec 2017 Jan-Feb 2018 Mar-Apr 2018 Access Study-Implementation Plan als and 7ReviewIn Access Location Refine/Develop ost 7Analysis Sequencing Plan Evaluation Roadway,n Funding Strategies ious I PUBLIC OUTREACH: I Interchange and etailed and Opportunities and Goals/Schedule I Bridge Concepts Concept PUBLIC OUTREACH:Studies r Drainage e Data Collection Access Concepts I Evaluation PUBLIC OUTREACH City Council Develop Evaluation ConceptC I PUBLIC OUTREACH: Detailed Concept Updates Criteria Evaluationon Benefit-Coat_Previously Considered±Concepts Remaining 2 Concepts WE ARE HERE M. 1131 : Liao - CrpI 13 1 Engagement Summary ^Vl We Appendix ^] MnDOT Statewide Crash Cost Comparison 2011-2015 TOP6 •" Inlers8ctiotls JL s It ^17 2 of tile TOP0 igtersectioiis L Statewide Crash Cost Ranking •5i0 252 • BSihAo • - • 252 UrOskdaio Dr - Intersection of 66th Avenue and Highway 252 Intersection of 85th Avenue and Highway 252 cia 72,dAv 25 - 7Osb Avs I 6SthAss ( ' El -- - - - ••_102 MOOT Sttawide Crash Cst Rskisg 2011 20151 14 1 TH 252 Conversion Study PM Peak Hrnr,boIdrAo ' 5eokdaI, Dr 252 treokdalc Or 73rd Ave O 705 A92 73rdAvr 22 70rh Ave 19 'a eae,Av,6615AreO Cr5.s, 21.r I C S'-!1 -E5 Eli D • E 100 _.Pt NaLLvt LEGEND Generally uncongested/reliable Slightly congested/unreliable Moderately congested/unreliable Considerably congested/unreliable Extremely congested/unreliable 0 Intersections with long delays cr AM Peak Very unreliable travel times during peak periods, particularly Northbound in PM Ii The corridor has very limited ability to adapt to non-reoccurring factors (weather, crashes, events) contributing to unreliable conditions 151 Engagement Summary intersections &fttUtirhOtdlACe -252k Brnok dale DrLong delays at rookdaleDe C all side street approaches to intersections Aft, - 73rd Ace 0-73rdAve •25 70th Ave •252- 70th Ave AM Peak PM Peak 4110 610 LEGEND rue 610 010 0 Intersections with long delays - - Southbound queue In morning Northbound queue In afternoon - Long delays in 250 the morning lead to southbound 065thAce 'CbrhAve queues impacting - Imultiple Hwy 610 106 • Long delays at u r. all side street - • approaches torI D intersections -100 L- •- ioo: 0 M-1 CmCereerCcnnout0wulouyqcr 16 1 TH 252 Conversion Study Existing Hwy 252 Annual Average Dailylraffic (AADT) 2040 Hwy 252 Annual Average DailyTraffic (AADT) - I - 1 MUT 4L 6bTp : LL V - ;?9000 I E.-y2; ) 41 6- La a Free Way corraTrryr COVVVTt [yVyOTeTt 17 1 Engagement Summary Appendix Existing Roadway Configuration Concept 1 Concept 2 Concept 3 Concept 4 Concept 5 Concept 6 \ \' \ \ B5thAve + + + + H 1or ---------- ---- t ----------- ----------:: F 4 FHIAo Aco Herhee CHsure S:I1 18 1 TH 252 Conversion Study 40 Existing Roadway Configuration 86th Ave M E3 0 Hu,ebotdt Ave 0vUOreekdete Dr h3edAve 00 hOthAee ___ 66th Ave Concept 1 Concept 2 Concept 3 Concept 4 Concept 5 Concept 6 U U [1 U EM Cm t- i G --a LTJ tI1 4 ----4E3 _--u IDl LIZ3 4 OD MCM G= -- QU1 I F' —= 0 p - =F -.' ' C TI = 0 284OO4Vo6emes 17 Jneeoo6t D,6yVoher,e, 6t Deity Velvety, 1 4 Fut Cccv,, Interchange Vrartla! Attest tncvrotrenge GAccass Closure Overpecs — Ree6wayCennecAen 8iortet 19 1 Engagement Summary V t'I rrjC 11- fJ ti.- -\7 -M!1 IMt II L TTthWriL1i 4 Full Access interchange Hwy 610 and Noble Pkwy, Brooklyn Park A TI\ /V • Full Access interchange. Hwy 610 and W Broadway Ave, Brooklyn Park PartialAccess Interchange: Hwy 610 and Coon Rapids Blvd, Coon Rapids , K R Pa rI ia/Access interchange: Hwy 169 and 93rd Ave. Maple Grove/Br Park Overpass: Hwy 610 and Revere Ln, Maple Grove [Iii Overpass: 1-9411-694 and Xerxes Ave. Brooklyn Center CtDvehpnt 20 1 TH 252 Conversion Study I--] Evaluation Criteria'Concept 1 Concept 2 Concept 3 Concept 4 Concept 5 Concept 6 Connectivity! Interchange Spacing alL F r ii i I lt A Butter Connectivity I I Interchange Spacing ChangesinLocal ____________ Ititili. ' ;iii; - freeway conversion Medium Ithili RLN i(hN F[tnlaemes - Changes in Safety (Local System) - isv- ii . i,csi -,llrliitj ;- Comparable to ire Comparable to no Comparable to no freeway conversion freeway conversion Changes in Safety (Hwy 252V Crash cost savings per yearS3.4M Crash cestuanings per Crash cost savings per ;I.r:o;ii 5:515 iii yeurS3.4M yeurS3.3M Pedestrian and Bicycle Better access Betteraccess hIsS -.iellvr Betteraccess nIxS,i:innr if 4 connections across 4 connections across i,siiiriiiiilksii!srtvsa 4 connections across lli5iivi5iianill,s5i,ir. A€ujhutittlllllsiik JiJikIsAccess to Transit and Neighborhoods Hwy 252 Hwy 252 itf Hwy 252 ltn5;;}ii ftis'1ty_j Bight of Way Impacts Medium Medium Itlyl!' --i'' Preliminarya Ct Medium P Itlyhi hlIF Medium ltltyi Note; All evaluation criteria take into account the feud to minimize traffic, safety, and right of way impacts on disadvantaged conrrrrvnitius (i.e., tow-income. minority). °Crash cost savings compared to the existing conditions. rn L Illrao1:"\1 E'otlrlyn 211 Engagement Summary r, IV Appendix :1 Very unreliable travel times Limited ability to adapt to \ weather and crash events 252 High crash corridor 85thAve Does not address purpose and goals of study FlueTholdt Ave i Significant local roadway 252delays accessing Hwy 252 Brovkd2eDr±\ Place your comments on Post-it notes below Place your dots below if you prefer Existing Roadway Configuration VNIN MY 252 70th Ave 66th Ave Gopk D' e - Vfl L 60,4 MN I Pork 22 1 TH 252 Conversion Study 40 ii Good connectivity Place your comments on Post-it notes below ° Does not meet interchange \spacing guidelines 252 U Low change in local travel ___85th Ave times (<5% increase) ° 4% reduction in crashes on Humboldt Ave local roads 252 ° $3.4M crash cost savings per BrookdaleDr year along Hwy 252 Fj Better pedestrian and bicycle Place your dots below if you prefer Access Concept 1 l3rdAse - access (4 connections across Hwy 252)7Oth Ave —(- 661h A- --'ft-' CsenCrottasabrmarn 23 1 Engagement Summary 106 Good connectivity Does not meet interchange \ \spacing guidelines Low change in local travel 851h Ave times (<5% increase) 1 6% reduction in crashes on HurnboldtAvelocal roads U $3.4M crash cost savings per year along Hwy 252 8rookdIoDr=-A Better pedestrian and bicycle access (4 connections across Hwy 252) 73rdAve 70th Place your comments on Post-it notes below Place your dots below if you prefer Access Concept 2 eeth Ave w 13 C'oglc r CR 11 CrrvestsiCcvrvpt0rvopeetPark 24 1 TH 252 Conversion Study Good connectivity Does not meet interchange spacing guidelines 11 Low change in local travel times (<5% increase) U 5% reduction in crashes on local roads ° $3.3M crash cost savings per year along Hwy 252 1 Best pedestrian and bicycle access (5 connections across Hwy 252) \1252 =-c 85th Ave .....—.F-hrorhutdt Ave 252- BrookdaleOr k 73rd Ave 70th Ave 66th M. Place your comments on Post-it notes below Place your dots below if you prefer Access Concept 3 GL cr,1. F; roy11 C-01 De'doa-t 25 1 Engagement Summary I -w Go 11 We Appendix 71 ri Better connectivity n Acceptable interchange spacing D High change in local travel times (5-10% increase) U Similar crash rate on local roads as today $3.71M crash cost savings per year along Hwy 252 ri Better pedestrian and bicycle access (4 connections across Hwy 252) Place your comments on Post-it notes below Place your dots below if you prefer Access Concept 4 — -- : MU Ccees'on ConccptDEvelcpman: 26 1 TH 252 Conversion Study 401, o Best connectivity ° Acceptable interchange spacing ° Medium change in local 85th Ave travel times (5% increase) 1 Similar crash rate on local . Hansboldt Averoads as today $3.7M crash cost savings per year along Hwy 252 BroekdaleDr Best pedestrian and bicycle access (5 connections across Hwy 252) T- -252 70th Ave 66th Ave o Gpk cJi Btooblit1 Place your comments on Post-it notes below Place your dots below if you prefer Access Concept ceteartioo Cepttssvttoest 271 Engagement Summary D Better connectivity U Acceptable interchange spacing fl High change in local travel times (5-10% increase) Similar crash rate on local roads as today o $3.6M crash cost savings per year along Hwy 252 ° Good pedestrian and bicycle access (3 connections across Hwy 252) Place youryour comments on Post-it notes below Place your dots below if you prefer Access Concept 6 E2 66 gk. 28 1 TH 252 Conversion Study 40 er-December 2017 Li Select Access Location Concept Refine/Develop Roadway, Interchange and Bridge Concepts n Drainage Evaluation PUBLIC OUTREACH: o Open House late 2017— early 2018 o Previously Considered Concepts o Remaining 2 Concepts We appreciate your feedback. 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Technical Advisory Committee (TAC): 8 Meetings since May – 2017 Policy Advisory Committee (PAC): 3 Meetings – Freeway Conversion Study Open House In September 2017, two open houses were held to • provide information about corridor issues and needs along with the purpose of the study. 263 people signed in at the open houses. – 190 at the Brooklyn Park Open House • 73 at the Brooklyn Center Open House • Access Concepts Following the Open Houses The Federal Highway Administration (FHWA) recommended • starting the Environmental Assessment (EA) process to further refine the social and environmental impacts of converting TH 252 to a freeway. November 13, 2017, PAC recommended the TAC review the – scope and costs to perform an EA for the TH 252 corridor. MnDOT identified TH 252/I-94 as a strong candidate for a • MnPASSfrom TH 610 to downtown Minneapolis MnDOT presented the findings of their MnPASSSystem Study – Phase 3 to the PAC on November 13, 2017. Corridors of Commerce (CoC) solicitation due in February • MnPASSExpress Lane Background and MnPASSSystem Study Phase 3 Summary TH 252 PAC –November 13, 2017 mnpass.org MnPASSExpress Lanes MnPASS= MN’s system of priced managed priced managed lanes • (a/k/a High Occupancy Toll Lanes) MnPASSlanes currently in operation in in in • in operation: I-394 since 2005 • I-35W since 2009 • I-35E since 2015 • MnPASSis a key strategy for improving the efficiency of the region’s • highway and transit systems by providing a reliable, congestion-free option for commuters during peak-travel times How the typical MnPASSlane works During peak-travel times (Monday-Friday: 6-10AM and 3-7PM) • Transit buses, vehicles with two or more people (HOV2+), and motorcyclists can use • the lanes for free Solo motorists who have a MnPASSaccount and a MnPASStag can use the lanes for • a fee that varies between .25¢ and $8.00 depending on congestion levels -the fee manages the demand for the lanes and keeps them flowing at congestion-free speeds (50-55mph) Average trip fee is app. $1.50 • Low income discount program available soon • Outside of peak-travel times, the lanes function as regular general purpose • lanes open to all motorists (which is nearly 90% of the time) How the typical MnPASSlane works cont. 1.MnPASSExpress Lanes are separated from regular lanes by solid, double white lines and dashed, double-white lines. 2.Overhead signs alert you to the entry and exit locations for MnPASSExpress Lanes. You may only enter and exit MnPASS Express Lanes where there are dashed, double-white lines. 3.Overhead electronic signs display the current fee –the price you see is the price you pay. 4.The MnPASStag is read electronically and the posted fee is automatically deducted from your prepaid MnPASSaccount Visit www.mnpass.orgfor more balance. information on how to sign up for and use the MnPASSlanes 5.You enjoy a reliable, easy commute and arrive on time –time after time. 13 What are the Benefits of MnPASS? MnPASSlanes reduce and better manage congestion in a manner that’s sustainable over the long-term by: Increasing person throughput  A single MnPASSlane can carry twice as many people as a single general  purpose lane during peak-hour congestion Improving travel time reliability  Transit buses and commuters can plan for and rely on a 50-55 mph trip  in a MnPASSlane (general purpose lanes are much less reliable) Improving bus transit service/ridership and increasing  carpooling Nearly 90% of the people using the MnPASSlanes are either riding on  buses or in carpools .  Hierarchy of Regional Highway Mobility Strategies Active Traffic Management Transportation partners should first work to apply traffic management technologies to improve traffic flow without adding capacity Spot Mobility Improvements The next strategy should be to investigate implementing lower cost/high benefit projects that improve safety and traffic flow at spot locations MnPASSExpress Lanes If more extensive lane capacity is needed, the regional priority is to evaluate the feasibility of MnPASSExpress Lanes Strategic Capacity Enhancements This strategy includes interchange improvements and in rare instances traditional lane capacity projects if the above strategies cannot address the problem. 15 MnPASSStudies –MnPASSSystem Study Phase 3 Past MnPASSSystem studies • Phase 1 study completed in 2005 • Phase 2 study completed in 2010 • Phase 3 study goals: • Assist in updating the MnPASSsystem vision and corridor • prioritization in the 2018 update to the TPP Evaluate key MnPASSissues, opportunities, and risks from both a • regional needs perspective and a national state-of-the-practice perspective 1/23/201816 MnPASSSystem Study Phase 3 -Process Task 1 Project Management: PMT & TSC Meetings Task 2 Review of Task 3 Traffic Task 4 Develop & Task 6 Final Report Previous StudiesForecastingEvaluate Scenarios -MnPassSystem -Model -MOE’s-TPP Update StudiesAssumptions-Initial Screening-Final Presentation -MnPassCorridor -No Build Scenario-System Scenarios-Draft & Final Studies-System Scenarios-Scenario 1Report -Other System -Scenario 2 Studies-Scenario 3 -MHSIS -CMSP Task 5 System Issues and Opportunities Technical Steering Committee (TSC) consisted of representatives from MnDOT, Met Council, transit providers, metro counties and FHWA 1/23/201818 MnPASSSystem Study Phase 3-Results Overview Scenario 3 has similar benefits to previous scenarios, but a lower cost per mile and • lower total cost Higher performing corridors • Corridor 21 (TH 252) performed the highest but is dependent on freeway conversion • Corridor 19 (I-94 –TH 252-downtown Mpls.) had fewer hours saved, but a large increase in • person throughput and is integral with Corridor 21 Corridor 8b (I-494 Bloomington –W. Bush Lk. Rd.-Hwy. 5) • Moderate performing corridors • Corridor 2a-NB (Hwy. 77) • Corridors 3a and 3b (Hwy. 169 Shakopee-Golden Valley) • Corridor 5a (I-35 Lakeville extension) • Remaining corridors were lower performing but still strong candidates for Tier 3 in • the TPP 1/23/201819 Corridor Evaluation Ranking Change in Average Change in Average Person RankCorridorDaily Person Cost (M) Throughput per $1M Throughput 36,925 (5,520)*$140 ($30)*264 (184)* 121 -TH 252 (I-94 to TH 610) 16,552$110** 151 219-I-94 (TH 55 to TH 252) 5a-I-35 3,490$40 87 3(Crystal Lk Rd to Dakota Co 50) 18,786$220 85 48b -I-494 (US 212 to TH 5) 15,492$200 78 53b –TH 169 (I-494 to I-394) 3,118$50 62 62a -NB TH 77 (138th to I-494) 3a –TH 169 (MarschallRd to I- 7,985$130 61 7 494) 3,846$80 48 86 -I-94 (I-494 to TH 101) 7,788$180 43 93c –TH 169 (I-394 to I-694) 3,044$110 28 1020 -I-94 (TH 252 to I-494) 2,361$120 20 1111-I-694 (I-94 to I-35W) *MnPASSspecific benefit/cost in parenthesis 20 **Cost includes direct connections at 252/94 and 94/4St. th TH 252 Sensitivity Analysis Cost • $110 M for Freeway Conversion (79%) / $30 M for MnPASS(21%) • Benefits • Change in Person Throughput • 31,500 for Freeway Conversion (85%) / 5,500 for MnPASS(15%) • Person Hours Saved • 500 for Freeway Conversion (40%) / 700 for MnPASS(60%) • 1/23/2018www.dot.state.mn.us/metro/projects/mnpass-study/21 TH 252/I-94 Summary TH 252/I-94 (TH 610 –Downtown Minneapolis) corridor has • significant potential to benefit from MnPASSExpress Lanes Substantial increase in person throughput • Significant person-hour savings on TH 252 • Strong transit demand (approximately 11,600 daily boardingson routes • operating in the TH252/I94 corridor), with good potential for increased demand and service from a MnPASStransit advantage Low additional cost to add MnPASSlanes on TH 252 • 1/23/2018www.dot.state.mn.us/metro/projects/mnpass-study/22 MnPASSPhase 3 Study Schedule/Next Steps Draft final report out for review soon • Council staff drafting TPP update are currently • considering: MnPASScorridor tiering • Increased revenue scenario • 1/23/2018www.dot.state.mn.us/metro/projects/mnpass-study/23 Thank you again! Brad Larsen, MnDOTMnPASSPolicy & Planning 651-234-7024 brad.Larsen@state.mn.us 24 Corridors of Commerce CoCsolicitation due in February • $400 million over four years (2018-2021) for projects not – already in the State Transportation Improvement Program (STIP) The Legislation Mandated Criteria • Return on Investment – Economic Impact – Freight Efficiency – Safety – Regional Connections – Policy Objectives – Community Consensus – Regional Balance – Corridors of Commerce Project recommendations will be taken from the • public, stakeholders and other interest groups via an on-line submission process. MnDOT will not be submitting projects. • Project construction work must be able to commence within • four years of award of funding. Corridors of Commerce Anticipate 2 CoCsubmittals for the • TH 252 Corridor Met Council –TH 252 Freeway – Conversion + MnPASSlane on from TH 610 to Dowling Avenue (Phase I& II -around $125M) Hennepin County –TH 252 Freeway – Conversion from TH 610 to I94 with MnPASSready ($65M for Phase I + additional costs for I94 interchange work) 66Ave. Interchange is not eligible th • for CoCfunding because it is currently in the STIP Potential local overpasses at 73 rd • Ave. and Humboldt Ave. not included because 100% local costs based on MnDOT Cost participation policy Will need resolutions of support from • impacted agencies for CoC Environmental Assessment Summary EA scope would include full environmental clearance of the • TH 252 freeway conversion as well as a MnPASSlane on TH 252 from TH 610 to Dowling Avenue Total estimated cost of EA is $3.9 million • Brooklyn Center –10 percent ($375,000) – Brooklyn Park –14 percent ($562,500) – Hennepin County –25 percent ($967,500) – MnDOT –51 percent ($1,195,000) – BC’s estimated cost share would be $375,000 which is • consistent with the cost of an EA at 66Avenue alone th Environmental Assessment Potential Costs Questions? PolicyIssues: DoestheCityCouncilhaveanycommentsorquestions • regardingMnPASSontheTH252Corridor? WilltheCityCouncilsupporttheCorridorsofCommerce • fundingrequestsbyHennepinCountyandMetCouncil? DoestheCityCouncilsupporttheEAfundingscenario • describedabove? DoestheCityCouncilhaveanycommentsorquestions • pertainingtotheprocess,alternativesat73Avenue,or rd finalplannedpublicengagementactivities? 2040 Traffic Projections on Local Streets Wrk Swii Agda Itm No 2 k'A I IhYA (I) 1I WA'J iII1IJ[S1 I 'LI) i ri DFJ1 [Ik'1 DATE: Monday, January 8, 2018 TO: Curt Boganey, City Manage FROM: Reggie Edwards, Deputy City Manager SUBJECT: Conducting City Council Business Electronically Recommendation: Staff recommends the City Council consider implementation of the proposed electronic agenda system. Background: In March 2016, the City Council discussed the issue of conducting Council business electronically and directed staff to investigate and prepare information on the matter for Council discussion. In July 2016, the League of Minnesota Cities (LMC) assisted Brooklyn Center by surveying cities to ascertain which cities were conducting Council business electronically. Staff followed up with a more extensive electronic survey with the 24 cities that responded to the LMC survey regarding the use and satisfaction with an electronic agenda system. Staff conducted a comparison of the utilization and efficiency of the current process compared to an electronic agenda system. The comparison assessment revealed the following pros and cons: Current Process: Pros • Very hands-on (paper) / feel and touch documents • Documents can be easily picked up and carried around from room to room when reading and making notes. • Cost effective Cons • Process efficiency • Productivity - due to the need for standing over the copy machine during the time of copying the packets and organizing of agenda packets • Cost of hand-delivered packets • Excessive paper costs Electronic Process: Pros • Process efficiency o Productivity - due to reallocation of staff time to other duties o Positive environmental impact (modest) and related image • Expansion capacity to increase resident engagement Cons • Modest cost savings • Change process (including: comfort and training) Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public tilts! Ih'A I Dk4 0] 1I I1PA'A i[O1IJ[iJ I 'LI) ti ri DF'fJ 0I Transition cost for manual delivery Staff researched and/or interviewed four providers of electronic services (i.e. Agenda Quick, Laserfiche, Granicus, and NovusAgenda). Services provided by the providers interviewed varied according to how involved the companies were in managing the electronic system throughout the Council process. NovusAgenda was selected to provide an electronic agenda system (rationale for selection listed in section below - Initiation of Phase One Action Steps). The implementation outline includes three phases: Phase One • Purchase NOVUS electronic agenda system o Purchase and testing of Council's mobile devices Software, Hardware, and Policy Training for of the Council (for iPAD) Phase Two o NOVUS Software and Hardware Training of staff o NOVUS Software, Hardware, and Policy Training for of the Council o Dual running of system Phase Three o Assess and adjust system o Execute full system change over Initiation of Phase One Action Steps: 1.Staff propose moving forward with NovusAgenda based on the following factors: • Configures data to format of technology • Easy to make notes, save and share • Easy query of related data or past documents in laserfiche • Fluid process in navigating from one part of the system to another (i.e., department to city manager to Council) • None static process (search through documents and word finds) 2.Staff propose purchasing an WAD Pro for each Council's members use to conduct Council business electronically. During this phase the Council will be utilizing static data (i.e. PDFs), while both staff and the Council receives in-depth training on the NOVUSAgenda system. Over the next 6 to 8 months, the City will transition from the current paper-driven agenda process to that of an electronic agenda system. Budget Issues: The costs associated with the NOVUSAgenda system include: setup, training, and annual license. In year one, the approximate cost $11,500 to $12,500. In the following years, the approximate cost would be $9,000 annually. Approximate cost for the WADS and related software will be approximately $21,250 ($4,250 Per Council Member). Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for al/people and preserves the public trust k'A I Dk [I) WI ai1UL'A EI1IJ[* I !'LI) 1 'J *'LJ (I)I Policy Issues: 1.Does the City Council need additional information before implementation commences? 2.Is there a consensus of the Council regarding staff implementing an electronic agenda and Council business system? Strategic Priorities: Citizen Engagement Iission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Electronic Agenda Implementation Outline Phase Action Timeline Comments Phase One Purchase NOVUSAgenda 2/2018 Why NOVUSAgenda? electronic agenda system and -Configures data to format of internal running of the system technology -Easy to make notes, save and share -Easy query of related data or past documents in laserfiche -Fluid process in navigating from one part of the system to another (i.e., department to city manager to Council) -None static process (search through documents and word finds) Distribute and pilot run of 2/2018 Purchase, software loaded and Council's mobile devices tested prior to distribution. WAD hardware, software, and 3/2018 Conducted in a work session. Council policy training for of the would carry and use mobile device Council 100% of time for all Council related matters. This would be a static format and use of PDFs. This step would not include the NOVUSAgena System, but only iPAD. Phase Two NOVUSAgenda software and 2/2018-Installation, user designation, hardware training of staff 5/2018 authority designation, and train-the- ___________________________________trainers NOVUSAgenda software,5/2018 Conducted in a work session. hardware, and policy training for of the Council Dual running of system 5/2018- 7/2018 ase Three Assess and adjust system 8/2018 NOVUSAgenda Software 2/2018 -Installation, user designation, modified training of 5/2018 authority designation, and train-the- staff/Council trainers Execute full system change 10/2018 over M o b i l e U1I uIIb1 a nd UInfo r ma ti o n Hardware iPad Pro: 64GB, Space Gray with WiFi and Unlimited 4G LTE Cellular Data City Council will have option of two sizes 1) 10.5" or 2) 12.9" Hardware Accessories 1)Smart Keyboard or Smart Cover 2)Optional iPad Pencil 3) Standard Carry Case Software Solution Phase One - Access to City Email and to City Council material in .pdf format. Ability to take electronic notes and securely store on a City supported storage solution/location. Phase Two - NovusAgenda Installation IT Management • iPads would be managed by AirWatch, which is the City's Mobile Device Management (MDM) Solution. The City currently uses this MDM to manage City Smart Phones. • AirWatch allows City IT to manage mobile devices, which includes the installation and deployment of software. consensus will bathe best-Case scenafio. Mr. Bogey surnnie4 upan which included that the logos are awfully busy, people in the trieCS don't represent diversity, and there is an terest in something simpler and less busy and more reflective of diversity. There was a consensus for the staff to go back to Vitalitik with the input and provide other options to the City Council based on that information. CONDUCTING CITY COUNCIL BUSINESS ELECTRONICALLY - MR. EDWARDS 03/27/17 -2- Mr. Boganey explained that this issue was brought up by councilmenibef Lawrence-Anderson qitite some time ago, and the Council asked that Staff look at the costs and gather and provide information. Mayor Willson noted that about six or seven years ago he had also requested that this issue be brought for Council discussion. Mr, Fdwarc1s provided a pTaspAtation arid backgrpuricl, )I this issue. Councilmember/Coimrnssionei Ryan stated he believes moving in this dnection is good, but noted he wouldn't be in favor of the interactive option 'duO to the Cost. He did note he doesn't see an urgeiicy to move to all electronic. ConcilnemberiCommissioriei' tht1er stated she woU be in favor of converting, but based on the cost would not want to move to the interactive option. Councilmember/Commissioner Graves stated she doe'n't 866 an utgehcy to .do this, She 'stat she prefers paper and pens to write with, but noted she is interested in hearing ,hw staff feels about this. CouncilmembejiCthihissiohei Ryan stated he does know the City of Plymouth went electronic and stated they have, since switched baók to paper. He noted he thinks that may be an ion that movIng in that direction isn't necessarily the best thing to do. it Was 'the consensus of the City Council/EDA to move forward with 'having staff get more information including ome statistiog on paper usage in the current paper' process and how swithing to electron' ver ions could help the envitothnent TIF FUNDING UPDATE - MR. EITEL Mr. Boaney iitodi.tCed this item and askedMr. Eitel to come forward and provide the presentation. Councilmembers/Comfliissio,ners thanked Mr, E.itel for his hard 'work on these projeCts. ADJOURNMENT Councilmember/Commissioner Graves moved and Couneilmember/CDnn'issioner Butler seconded adjournment of the City Council/Economic Development Authority Work Session at Ii ti)t) oct -l- o L) o 0 0 Ct 0 -4-s 0O— 0 Ct 0 0 Ct 0E Electronic Agenda System Implementation Proposal and Process MONDAY, JANUARY 8, 2017 Recommendation Consider staff’s proposal regarding implementing an electronic agenda system. What is the Issue? How and when does the Council transition from a paper driven process for conducting Council business to an electronic or paperless driven process? What is the Background? Presentation Approach Based on the City Council direction on whether or  not to convert from the current paper based method of doing business to an electronic process. If conversion was determined, staff would bring  the item back following further assessment of the conversion in terms of technology capability, legal implications, administrative execution, and financial assessment. What is the Background (Continued)? In March 2016, the City Council discussed the  issue of conducting Council business electronically and directed at the time to investigate and prepare information on the matter for Council discussion. In July 2016, the League of Minnesota Cities  (LMC) assisted the City by surveying cities on those that conducted Council business electronically. Staff followed up with a more extensive electronic survey with the 24 cities that responded to the LMC survey, of which 12 cities responded. What is the Background (Continued)? Staff researched and/or interviewed four providers of electronic  services (i.e. Agenda Quick, Laserfiche, Granicus, and NovusAgenda). Services or products provided by providers ranged from  developing and reviewing documents by staff, to reviewing and voting on council items by the Council to engaging residents from home. The steps in managing the Council business process are covered by the following four phases: The Pre-Council Meeting  The Council Meeting  The Post Council Meeting  Community Engagement  12 City Survey Majority population of less than 25,000  1/3 budgets above $11 million  58.33% conducted council business electronically 90% of the  time 4 conducted council business for 3 to 5 years  iPads used most  66.6% reported electronic process less expensive  100% reported electronic process more efficient  100% reported council satisfaction  100% reported staff satisfaction  Pros and Cons (Current System) Pros Very hands-on (paper) / feel and touch documents  Documents can be easily picked up and carried around  from room to room when reading and making notes. Cost effective  Cons Process efficiency  Productivity (less) -due to the need to stand over copying  and organizing of agenda packets Pros and Cons (Electronic System) Pros Process efficiency  Productivity (more) -due to reallocation of staff time to other duties  Positive environmental impact and related image  Expansion capacity to increase resident engagement  Can be configured for easy reading for users with visual disabilities  Cons Modest cost savings  Change process (including: comfort and training)  Transition cost  Environmental & Economic Impact Paper products make up the largest part  (approximately 40 percent) of our rubbish. One tree can filter up to 60 pounds of pollutants  from the air each year. The City uses on average 5,000 sheets of paper on  Council packets every month (current packet approx. 2,850). Environmental & Economic Impact 5,000 sheets equates to the life of 1 tree (InHouse  Communications -Treehouse Calculator, Jan. 2018) The City’s Council packets annually equate to the  life of 12 trees per year or filtration of 720 pounds of pollutants into the air. The City currently expends approximately  $542.50 per year on paper and delivery of Council packets. Proposed Phase Implementation Process Phase One Purchase NOVUS electronic  agenda system. What Does Council practice and get use  Staff to mobile unit. Propose? Phase Two Train staff  Additional Training of the  Council and Staff Dual running of system  Phase Three Assess and adjust system  Execute system change  NOVUSAgenda http://www.novusolutions.com/demo/ NOVUSAgenda Workflows  Agenda  Reporting  Related Item Research  Private Note Comments  Electronic Voting  Video Streaming (Future)  NOVUSAgenda Tools for Council Members? Logging in through a secure username and password  on City issued device Viewing agendas and all materials well before the  meeting Viewing specific items along with support material  including closed session items Making secure personal private comments on any  item for their own purposes Researching past Agenda, Minutes and Personal  Private Comments Phase One - Mobile Unit / Dual System iPAD Pro Hardware Solution: iPad Pro: 64GB, Space Gray with WiFi and  Unlimited 4G LTE Cellular Data Option of two sizes 1) 10.5” or 2) 12.9”  Hardware Accessories: Smart Keyboard or Smart Cover  Optional iPad Pencil  Standard Carry Case  iPAD Pro Software Solution: Phase 1 –Access to City Email and to City  Council material in .pdf format.Ability to take electronic notes and securely store on a City supported storage solution/location. Phase 2 –NovusAgenda  Key IT Policy Related Issues City Issued Mobile Device  No expectation of privacy  Data is subject to Minnesota Data Practices  Act Prohibited –use for any other public office  or employment or private use Logins and passwords should be kept  confidential Next Steps Phase One (Jan. –Feb. 2018) Purchase NOVUS electronic  agenda system. What Does Council practice and get use  Staff to mobile unit. Propose? Phase Two (Jan. –July, 2018) Train staff  Additional Training of the  Council and Staff Dual running of system  Phase Three (Jan. –Oct. 2018) Assess and adjust system  Execute system change  Policy Issue 1.Does the City Council need additional information before implementation commences? 2.Is there a consensus of the Council regarding staff implementing an electronic agenda and Council business system?