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HomeMy WebLinkAbout2019 02-25 CCP COUNCIL ITEM MEMORANDUM Rental License Category Criteria Policy –Adopted by City Council 09-10-2018 Property Code and Nuisance Violations Criteria License CategoryNumber of UnitsProperty Code Violations per (Based on Property Inspected Unit Code Only) Type I –3 Year1-2 units0-2 3+ units0-0.75 Type II –2 Year1-2 unitsGreater than 2but not more than 5 3+ unitsGreater than 0.75 but not more than 1.5 Type III –1 Year1-2 unitsGreater than 5but not more than 9 3+ unitsGreater than 1.5 but not more than 3 Type IV –6 Months1-2 unitsGreater than 9 3+ unitsGreater than 3 License Number of UnitsValidated Calls for Disorderly Conduct CategoryService & Part ICrimes (Calls Per Unit/Year) No Category 1-20-1 Impact 3-4 units0-0.25 5or more units0-0.35 Decrease 1 1-2Greater than 1 but not more than 3 Category 3-4 unitsGreater than 0.25 but not more than 1 5or more unitsGreater than 0.35 but not more than 0.50 Decrease 2 1-2Greater than 3 Categories 3-4 unitsGreater than 1 5or more unitsGreater than 0.50 Our Vision:We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due toits convenient location and commitment to a healthy environment 2019 Community Works Corridor Planning Cover Page Submittal Applicants must submit the signed Application Form to Nate Hood, nathaniel.hood@hennepin.us. thth Applications will be accepted between February 4 and February 28, 2019. Applicants will receive a courtesy email response indicating receipt of the application. If you have any submittal questions, please email: nathaniel.hood@hennepin.us. Applicant 1.Organization name: City of Brooklyn Center 2.Mailing address: 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 3.Contact person name: Brett Angell 4.Contact person title: Business and Workforce Development Specialist 5.Contact person phone number: (763)569-3301 6.Contact person email address: bangell@ci.brooklyn-center.mn.us Request 7.Amount of funds requested (max request of $50,000): $50,000 8.Amount of local match provided: $150,000 9.Please describe any circumstances that should be considered if match is below suggested level: N/A Context 10.Project title: Brooklyn Boulevard Redevelopment Framework 11.Project location: Brooklyn Boulevard between the north and south borders of the City of Brooklyn Center 12.Brief project description (max of 25 words): Land use study, assessment of health impacts, and creation of an overlay district for Brooklyn Boulevard in Brooklyn Center incorporating new design standards and zoning regulations. 2019 Community Works Corridor Planning Application \[Please keep total response to less than 2 pages\] 1.Describe in detail how corridor planning funds would be used. What are the specific deliverables and tasks? What are the expected outcomes? Corridor planning funds would be used to complete a redevelopment framework for Brooklyn Boulevard. This would include: An inclusive engagement process; reviewing market conditions in the area; creating and evaluating potential development scenarios that support city goals for redevelopment along the corridor; Illustrating development concepts based on scenario evaluation; and conducting an assessment of the impacts of the redevelopment scenarios on the overall health and wellness of residents. This will provide a clearer understanding of how redevelopment can directly benefit the community, especially low income populations and people of color. Based on preferred scenarios the project will result in design guidelines for development in this area, and identification of any needed improvements to infrastructure and the public realm to support the preferred scenario(s). These findings will inform the planned 2020/2021 reconstruction of Brooklyn Boulevard. The deliverables will be, an implementation framework for preferred scenario(s) that considers timing of property disposition, rezoning or changes to zoning districts, needed public improvements, potential funding sources for public contribution/investment, and key implementation partners; and an overlay district for the corridor which incorporates design guidelines, a transition strategy for uses both along the corridor and between neighboring properties, and zoning regulations. The City of Brooklyn Center recently selected a consultant to complete the above mentioned tasks to go along with a complete redo of the zoning code. The work will be done in coordination with the creation of new zoning districts that align with the 2040 Comprehensive Plan and site specific development strategies. 2.Describe the community and economic development challenge(s) being addressed through this project. The creation of the Brooklyn Boulevard overlay district will address multiple community and economic development challenges which the City faces, including the safety of the corridor, the ability of properties to transition to higher intensity uses over time, and the functionality of the corridor to better serve the surrounding neighborhoods. The current built environment of this corridor is auto- oriented and low-density. Single family homes are mixed with low-rise office buildings and a hodge- podge of commercial uses. Over time, the City has acquired and demolished many of the single family homes along the corridor. The properties now sit vacant and ready to contribute once again to the community. With the ongoing reconstruction of Brooklyn Boulevard and the consolidation of 2040 Future Land Use Plan, which calls for a mix of higher intensity land uses is necessary. The flexibility afforded by an overlay district will increase interest in redevelopment sites, identify where additional site assembly is needed, and create a regulatory framework for future development. . 3.Describe how your project would advance the goals identified in the guidelines by (1) enhancing the tax base (2) stimulating economic development and job growth (3) strengthening and connecting people and places (4) Innovating and advancing sustainability (5) leading collaborative planning and implementation. Describe how your project would reduce disparities. The Brooklyn Boulevard Redevelopment Framework project will do many of these things. It will enhance the tax base by allowing for denser developments to occur on currently vacant and underutilized land. The project would stimulate economic development by allowing for more flexibility in the mix of uses leading to the introduction of more small businesses, job creation opportunities, and a range of housing choices, which would serve the needs of the community. The project would strengthen and connect people and places by allowing the corridor to better serve the neighborhoods that surround it; leverage the trail connections being constructed along the corridor, and connect nearby residents to commercial nodes. The corridor does not currently serve a functional purpose for the neighborhoods, which leads to those residents currently having to drive to shopping or services. Creating neighborhood-scale mixed use nodes will allow more residents to be able to walk or bike to get to a job, a café, or to shop. Disparities will be reduced as access and mobility increase. The project will also take on a health and wellness focus, examining the health impacts of redevelopment along the corridor, and identifying ways to reduce improve the health outcomes for existing residents as redevelopment occurs. 4.What public and private organizations will be involved in project implementation? How will community stakeholders be engaged? The City has a stated Strategic Priority of Inclusive Community Engagement, and so this is part of everything we do. The project will include a website to keep residents informed and to gather input with an interactive mapping and surveying tool. Listening sessions will be held along the corridor. The City continually strives to engage diverse communities represented in Brooklyn Center. The City will achieve this by relying on existing relationships with community leaders and providing translation services for those whom English is not their first language. The City will utilize its four community engagement coordinators whose role is to build relationship with the entire community and assist with engagement efforts throughout the organization. 5.Describe how this project fits within your community and goals, priorities and/or long-range plans? Attach supporting documentation as applicable (i.e. relevant comprehensive plan sections, letters of support, previous work done in relation to proposed project). The City of Brooklyn Center is currently in the process of completing the 2040 Comprehensive Plan update. The Plan is near the end of the affected jurisdiction review and is scheduled to receive final approvals in April 2019. The 2040 Comprehensive Plan represents a dramatic shift in how the community and elected leaders vision the future of Brooklyn Center. Increased emphasis was placed on creating livable, dense, transit-friendly, walkable places with the creation of four new mixed-used land use designations, including the Neighborhood Mixed Use District, which encompasses much of Brooklyn Boulevard. In addition the 2040 Comprehensive Plan created the Brooklyn Boulevard overlay district, which would address the unique land use challenges along the corridor. Conducting this redevelopment framework project is part of the implementation plan for the 2040 Comprehensive Plan, and is the next logical step in the re-envisioning of the corridor. The Land Use Chapter from the 2040 Comprehensive Plan is attached for reference. 2019 Business District Initiative Application Form Responses due by February 28, 2019 Submittal Applicants must submit the signed and scanned Application Form and Excel Budget Form to nathaniel.hood@hennepin.us by February 28, 2019. Applicants will receive a courtesy email response indicating receipt by the deadline. If you have any submittal questions, please call Nate Hood at 612-596- 9876 or email: Nathaniel.hood@hennepin.us Applicant 1.Organization name: City of Brooklyn Center 2.Mailing address: 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 3.Contact person name: Brett Angell 4.Contact person title: Business and Workforce Development Specialist 5.Contact person phone number: 763-569-3301 6.Contact person email address: bangell@ci.brooklyn-center.mn.us Request 7.Amount (max request of $50,000): $25,000 8.Leverage amount and source(s): 9.Project name: Brooklyn Center Saturday Market 10.Project location: 2500 County Road 10, Brooklyn Center, MN 55430 Overall Context Describe the business district covered by this proposal. Please include a map and images to give context of area. 11.Name of the business district: Shingle Creek Crossing/Central City District 12.Number of businesses in the district: 71 Businesses 13.Types of businesses in this district: Retail, service, restaurant, office, and automotive uses. 14.Number of property owners in the district: 35 15.Estimated number of jobs in the district: 3,250 Project Be thorough yet concise. If you are proposing more than one activity, be sure to number each activity and use the same numbering order when answering all questions. 16.Provide a brief summary of the business district development activities you propose: Central Business District has seen enormous transformations over the past 10 years. The City invested significant resources in the redevelopment of the failed Brookdale Mall into Shingle Creek Crossing; a predominantly national chain retail center anchored by Walmart. Today Shingle Creek Crossing is 2019 Business District Initiative Application Form Page 1 approximately 70% developed, with additional opportunities for development in the nearby former Sears site and nearby EDA-owned former Brookdale Ford and Brookdale Square sites. As the City engaged the community during the 2040 Comprehensive Plan process one theme that came up over and over again opportunities for local entrepreneurs to thrive, and for the City to find a way to leverage its diversity as a competitive advantage in the market. The City Council agreed, and in 2018 invested $25,000 to pilot the Saturday Market. The Saturday Market is a unique concept which provides small businesses and entrepreneurs, residents and non-residents alike, the chance to sell their products to the public. rather a public market where a mix of handmade goods, clothing, crafts, and arts are sold. Local food face painting and bounce houses. The Saturday Market creates a sense of place and community, and was intentionally located on a prominent site in the Central Business District which had sat vacant for many years. grow, with the goal of incubating locally-based businesses which can thrive from within the community. These businesses will complement the existing offerings of national retailers, and hopefully provide more options to fill out currently vacant spaces. The funding requested from this grant application would provide a vital shot in the arm as the City grows the reach of the event in 2019. The funds would specifically go towards recruiting and supporting market vendors, specifically with the goal of offering a diversity of vendors which matches the demographics of the community; increasing food options at the market; and expanding marketing efforts to increase awareness and customers at the events. Specifically, the money would be used to develop branding for the market, purchase signage, create marketing materials, and advertising. To keep barriers to entry low, the City waives fees for local vendors and provides tents and tables. Grant funds would also be used to purchase additional tents as needed to allow for increased business participation. The City has also partnered with Open to Business, Women Venture, the Liberian Business Association, and the Asian Economic Development Association to both recruit potential businesses but also to provide technical business support for those who participate in the market. At present, those services are being offered at no cost; however, the City would like to create a small pool of funds which would support specific needs of businesses as they arise and are identified by the technical assistance providers. 17.Are there other public investments or actions currently underway or planned in the business district? The EDA of Brooklyn Center budgeted $25,000 for the Saturday Market for the 2019 calendar year. This money will be used for specific event related items including, but not limited to, the purchasing of additional tents and signage; equipment rental such as generators, bounce houses, portable toilets, and hand washing stations; and entertainment options at the event. The City also takes significant steps to ensure the Market can thrive including the preparation of the site to ensure the property is safe and the recruitment of vendors for the Market, staffing the events, and providing waste removal and security at the events. 18.Explain how the proposed activity is part of larger business district revitalization strategy: The goal of the Saturday Market is to incubate a more richly diverse group of businesses in the community, while providing greater pathways to allow local residents to stabilize and grow their incomes through 2019 Business District Initiative Application Form Page 2 business ownership and entrepreneurialism. The Saturday Market is testing the feasibility of creating an indoor year--born; this is the largest in the Twin Cities. Foreign-born residents are twice as likely to start their own businesses as native-born residents, and subsequently more likely to hire employees who are women and people of color. This statistic bears out as we look at the number of business start-ups in Brooklyn Center, which are disproportionally higher than elsewhere in the region. The City Council has a Strategic Priority of Resident competitive advantage. The Saturday Market is one pathway to this end and provides a key opportunity to shape and create a more diverse and thriving Central Business District. In the short-term the Saturday Market creates a sense of place and community; drawing more people to the area, which in turn supports all of the businesses in the District. Need and Outcomes Please answer the questions below and complete the outcomes, deliverables, and measures of success table at end of application. 19.What makes this area a cohesive business district? What holds the businesses together? Shingle Creek Crossing and the Brooklyn Center Central Business District is held together by its transportation and land use pattern, but not by a sense of community or place. The purpose of the Saturday Market is to bring more of the community into the space, support local businesses which are currently missing from the District, and foster a sense of place which makes everyone in the community feel included and welcome. The Market creates a vibrant atmosphere that serves all those in the community. The Saturday Market is banded together with many entrepreneurs facing similar challenges in the feasibility of scaling their businesses and how to approach the next steps. 20.What is the significance of the business district to the community? The Central Business District in Brooklyn Center is incredibly significant. The former Brookdale Mall formed community was designed. The loss of the Mall left a hole in the community, and that loss of a community-wide identity has not been fully replaced. The significance of the Saturday Market is it provides the opportunity to develop that sense of community identity with a new place that represents the community today. The Market also provides the community a place to gather, and a place for local businesses to gain access to new customers without the need to invest in a bricks and mortar space. 21.How will the activities enhance economic vitality and livability of the community? Creating a sense of community and creating a space for the community to gather and meet neighbors is a key factor in the livability of the community. Brooklyn Center has strong support for small and local businesses and residents enjoy being able to support their neighbors who are looking to grow businesses. These small local businesses that take part in the Saturday Market are reflective of the diversity of the City and provide products that are culturally unique. 22.Explain the need for public financial assistance: While the City of Brooklyn Center has dedicated $25,000 for the 2019 events, the additional funds allow for an increased focus on marketing and growing the event. The City of Brooklyn Center had the same 2019 Business District Initiative Application Form Page 3 amount ($25,000) for the 2018 series of events and had difficulty maintaining that budgetwith the significant start-up expenses that were required. The City believes that the $25,000 is enough to maintain the events at their existing scale and scope. However, the grant funding will provide the flexibility to ensure each event can be successful, allow the City to create branding for the event, greatly expand the advertising and marketing reach, grow the number of vendors, and create a pool of funds to support local businesses as needs arise. 23.Explain the public benefit: The Saturday Market provides multiple public benefits for the city of Brooklyn Center. The first benefit is it supports the small local entrepreneurs and businesses in the community. It allows them the chance to sell their products to the public without the need to have a brick and mortar space. The second benefit is it creates a sense of community. The market is the chance to bring together a diverse community of all different backgrounds to one event creating an inclusive and unique chance to get to know other members of the community. Implementation Be thorough yet concise. If you are proposing more than one activity, be sure to number each activity and use the same numbering order when answering all questions. 24.How were businesses engaged in the development of this proposal? Feel free to include letters of support. The initial concept for the Saturday Market came from a local resident, who spearheaded the event in 2018 and did much of the business outreach. The City promoted and produced the events. Vendor solicitation for the 2019 events has yet to begin. The City has been in contact with the Liberian Business Association and Asian Economic Development Association (AEDA) to participate in the planning of the event. The event is also promoted by the Brooklyn Center Business Association (BCBA). The City also has met with the Center for Asian Pacific Islanders (CAPI), which recently moved their headquarters to Brooklyn event. The City also wants to expand food vendor options as well as grow the number of participating artists in the community. 25.How will businesses be engaged in its implementation? The City of Brooklyn Center will begin the recruitment of vendors for the Saturday Market in April 2019. The City will utilize existing community leaders such as the Asian Economic Development Association, Brooklyn Center Business Association and Liberian Business Association to promote and plan the event. 26.List the individuals who will perform the activities you propose. Indicate whether they are staff members, consultants, or others. Include a brief description of their experience achieving similar outcomes to what you are proposing in this application. If a consultant will be procured at a later time, describe how they will be chosen: Brett Angell, Business and Workforce Development Specialist for the City of Brooklyn Center, will be the lead in the planning and implementation of the Saturday Market. Brett was the lead in planning the 2018 events as well and has experience in the marketing, planning, and operations of the event. 2019 Business District Initiative Application Form Page 4 The City currently has a contract with MCCD for the Open to Business program as well as Women Venture. These programs will be promoted to the vendors to assist them with and development resources they may need moving forward. The City will work with a consultant on the marketing materials. Local companies will be used to produce signage and other advertising collateral for the event. The advertising campaign will be led by s and Community Engagement Manager. 27.Provide a schedule of the tasks to be undertaken: See attached schedule. Facade Improvement Implementation- if not applicable, skip this section. Be thorough yet concise. If you are proposing more than one activity, be sure to number each activity and use the same numbering order when answering all questions. 28.Describe your process for ensuring quality and consistency of design of facade improvements: 29.Describe any financial match requirements for property owners to receive facade improvement funding. Explain whether or how financial need of property owners will be determined: 30.Explain the proposed process for reviewing and awarding facade improvement funding, including who reviews proposals, how funds are distributed (RFP or first-come, first-serve, etc.): 31.What will be the timing of grant disbursement to the sub-recipient? 32.Will you provide proof of commercial property owner approval and verify that the commercial property owner is current on property taxes? Authorization On behalf of my organization, I hereby authorize the submittal of this application for consideration of funding through the 2019 Business District Initiative. Name: Brett Angell Title: Business and Workforce Development Specialist Organization: City of Brooklyn Center Signature (electronic signatures permitted): 2019 Business District Initiative Application Form Page 5 round public market space is created as part of 1 term redevelopment project which allows a space to - consultations for businesses. Engage at least 5 vendors to on - assistance workshop and additional 1 s s e c c u s f o e r u s participate in these services. a e incubate local businesses. M 6 Page - Create a business A permanent year - a near The Brooklyn Center Central Business develops a sense of community identity as a place where diverse local expertise for businesses of the market Provide additional knowledge and and measures of success table: e m o c t businesses thrive. u to further grow. O District participate each month and assistance including business and lending consultations to businesses taking part in the Provide optional technical through expanding their grow their businesses Business District Initiative Application Form Complete outcomes, deliverables, s 40 small businesses e l b a customer base. r e v i l e D Market. Technical Assistance Saturday MarketSaturday Market y t i v i t c A 9 201 7 Page Business District Initiative Application Form 9 201 Brownfield Gap Financing Program (BGFP) provides small grants to nonprofits for environmental assessment and clean-up of property in Hennepin County. Minnesota Brownfields is the co-administrator of the BGFP. Applications are accepted on a rolling basis and are approved by Hennepin County. Projects will benefit the community through greenspace, open space and natural areas, recreation, affordable housing, education, community centers, and neighborhood level economic development opportunities. Projects may apply for up to $15,000 in total funding in a 12-month span. Please fill out as completely as possible and attaching any additional information that will assist us in evaluating your consultant needs and improving your potential for funding. When completed, please email or send to: Minnesota Brownfields Hava Blair, Program Manager 2801 21 st Ave South Suite 145 Minneapolis, MN 55407 Telephone: 612-513-4301 Email: hblair@mnbrownfields.org Contact Information: Organization: City of Brooklyn Center Organization status (nonprofit, 501c3, etc): Municipality Name and title of contact: Brett Angell, Business and Workforce Development Specialist Phone: (763)569-3301 Fax: (763)569-3360 Email: bangell@ci.brooklyn-center.mn.us Address (street, city, zip): 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 1 Project/Site: Name: Brooklyn Center Opportunity Site Project location/address: Multiple Addresses (PIDS: 0211821240019, 0211821240020, 0211821120011, 0211821210014) Site size (acres): 34.6 acres Current/Proposed zoning: Current Zoning: C2 Commerce; Proposed Zoning: Transit-Oriented Development Current owner/future site owner (If not current owner, is access for environmental investigation available?): Economic Development Authority of Brooklyn Center. Current use (include # of structures/tenants if any): One small structure located on the site, being leased from the EDA and operating as a restaurant. The majority of the site is vacant. The EDA purchased the properties between 2008 and 2018 and subsequently demolished all of the buildings with the exception of the restaurant. Proposed use: Describe the redevelopment project (please attach any such information such as map, photos, site design or building plans): In 2006, the City completed a Master Plan for an 81-acre area of underutilized and vacant land, which and by 2018 and acquired 34.6 acres of land and entered into a Preliminary Development Agreement with Alatus, Inc to redevelop the site. The City is currently undergoing an update to the 2006 Master Plan and working with Alatus, Inc., on a shared vision to create a dense, vibrant, walkable downtown-style district which includes high density residential, retail, and entertainment uses. The redevelopment will create a walkable area with reduced parking minimums and an increased focus on transit. The proposed plan will look to highlight natural features, such as Shingle Creek, within the site as compared to the previous use which was almost entirely impervious surfaces. While the City leads the master planning efforts, Alatus is working on an initial phase of 375 residential units in 2019. undergoing affected jurisdiction review and is planned to be adopted by May 2019. The site has been designated by the 2040 Future Land Use Plan as Transit Oriented Development (TOD). The TOD district is one of five new future land use categories which allow a mix of uses and increased densities. With the proximity and access of the Opportunity Site to the Brooklyn Center Transit Hub, the development will embrace transit services, including the C-Line BRT which is currently under construction and the planned future D- planning practice, which consisted of a post war, suburban-style, auto-dependent character which separated residential land uses from commercial ones. This project will have a dramatic impact on the shape and future of both Brooklyn Center and the northwest suburban area. Attached for your reference includes the most recent plans for the Opportunity Site. 2 How willthis project support or benefitthe surrounding neighborhood? The Opportunity Site redevelopment not only supports and benefits the surrounding area but also plays a key role in defining the future of Brooklyn Center and beyond; having a significant impact on the entire northwest suburban region. The plan for the area includes high-density residential, green space, retail, office, and entertainment uses. The additional residential units will help support the current retail spaces located nearby and also provide a wider variety in housing options for the City. The retail and entertainment uses will provide residents additional options and the ability to not have to travel outside of the community for shopping and entertainment. The redevelopment will put back into productive reuse land that is currently vacant, underutilized, and blighted. Not only is it an eyesore, but it is also a scar on the community; a lasting physical reminder of the failure of Brookdale Mall and the economic depression that it brought. This project will bring a new market Brooklyn Center and catalyze redevelopment around the site, bringing with it community pride and a new community identity. Overall, the plan for this site would create a new downtown district for the City. Creating a more urban development pattern that is walkable and with a unified sense of place which provides existing and new residents community gathering areas which the City has not had since the closing of the Brookdale Mall. What reason do you have to believe that there could be contamination on this site? If environmental investigations have occurred, please provide the report or summary of investigation results. The range of previous uses lead to the belief there could be contamination on the site. One site in particular is known to have contamination. PID 0211821240019 is the former Brookdale Ford site which had issues with oil tanks. When the City purchased the property in 2008, a Phase I and Phase II were conducted at this location by Liesch Associates. Reports from the Phase I and Phase II indicate the presence of tetrachloroethylene (PCE), 2-Butanone (MEK), and polychlorinated biphenyls (PCBs) in the soil. Conclusions from the Phase I ESA are attached. There were no additional environmental assessments conducted on any of the 3 additional properties that the City conducted or is aware of. The 3 sites had various commercial uses including a strip mall and a former restaurant. Understanding the potential contamination and clean-up costs associated with the clean-up help ensure proper planning for the site. How will the full project be financed? Discuss the status of financing for the project, including: Amounts secured and sources: Potential sources: Contingencies: The project is currently in the pre-development stage including environmental assessments, small area planning, community engagement, and zoning district creation. With the large scale nature of this development there is a significant need for funding from both the public and private sector to advance the development. The site is located within a federally designated Opportunity Zone. In addition to the EDA-owned portion, the total redevelopment area includes approximately 47 additional acres that are controlled by private parties. The City is currently leading a master planning effort for the entire redevelopment area, while the developer focuses more acutely on a first phase of construction within the EDA-owned portion. Additional 2019 Opportunity Site Costs: Geotechnical and environmental analysis not included in this request - $148,000 Community Engagement Activities - $25,000 Opportunity Site Master Planning - $130,000 Creation of a new TOD Zoning District for site - $60,000 3 The overall timeframe for development puts a strong need for assistance for environmental assessments. The City of Brooklyn Center does not have environmental work for this site within the approved 2019 budget. How did you hear about the Brownfield Gap Financing Program? This project was recommended to apply for the Brownfield Gap Financing Program by Hennepin County staff. Grant request amount and use: Please note, projects may request a maximum of $15,000 in a 12-month span. The City of Brooklyn Center is requesting $12,000 to cover the costs of Phase I ESAs, Hazmat Surveys, and File Reviews. The City of Brooklyn Center and developer Alatus have received a scope and cost estimate from Braun for the services listed. The itemized cost estimate is attached. The City will also be concurrently applying for a Memorandum of Agreement (MOA) grant through Hennepin County for $25,000 to cover Phase II ESAs for the sites also listed in this application. Supplemental Materials: Submit an itemized cost estimate from one of our approved contractors. Submit a current annual or financial report for the applicant. Please attach a City Council resolution approving the project (not required for Minneapolis projects) Signature: Application must be signed by an officer or individual authorized to sign on behalf of the organization. _____________________________________ __Business and Workforce Development Specialist___ Signature Title __Brett Angell_________________________ ________________________ Name Signature Date 4 66thAveN 63rdAveN 5 Û 152 59thveN A Public Works - Engineering Brooklyn Boulevard Phase 2 Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, February 11, 2019 FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Project Area ¯ Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap 02505001,000Feet contributors, and the GIS User Community Memberintroduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTIONAUTHORIZING EXECUTION OF ENCROACHMENT AGREEMENT FOR EXISTING UNITY PLACE MONUMENTSIGNBETWEEN CITY OF BROOKLYN CENTER AND UNITY PLACE, HENNEPIN COUNTY, MINNESOTA WHEREAS, City Council approved Resolution 2018-160regarding the disposition of Planning Commission application No. 2018-001submitted by Community HousingDevelopment Corporationrequesting preliminary/finalplatapproval for Unity Place (7256Unity Place); and WHEREAS, it was noted that an existing monument sign was placed within the City right-of-wayand encroaches on City property; and WHEREAS, the City and the Community Housing Development Corporation established an EncroachmentAgreement, which prescribesthe use and terms of the encroachment; and WHEREAS,Exhibit A of the Encroachment Agreement describes and depictsthe proposed agreement area; and WHEREAS, the City Attorneyand City Engineer havereviewed and concur withthe form and purpose of theencroachment agreement, copies of which are attached hereto. 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 to execute the Encroachment Agreement in the name of the City of Brooklyn Center. February 25, 2019 DateMayor 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. ENCROACHMENT AGREEMENT ENCROACHMENT AGREEMENT This (“Agreement”) is made this _______ CITY OF BROOKLYN CENTER, day of _____________, 2019, by and between the a UNITY LIMITED PARTNERSHIP Minnesota municipal corporation (“City”), and , a Minnesota limited partnership(“Owner”). 1.BACKGROUND. Owneristhe fee ownerof certain real property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, legally described as follows: Parcel ID No. 28-119-21-42-0264 Lot 1, Block 1, Unity Place, according to the recorded plat thereof, Hennepin County, Minnesota. Lots 1 through 10, inclusive, Block 2; Lots 1 through 25, inclusive, Block 3; and Outlot A, The Ponds Plat Six, according to the recorded plat thereof, Hennepin County, Minnesota. having a street address of 7256Unity Avenue North,Brooklyn Center, Minnesota (“Subject Property”). There is street right-of-wayover portions of the Subject Propertyfor Unity Avenue North that was dedicated to the City in the plat as depicted on the survey sketch which is attached to this Agreement as Exhibit A(“Easement Areas”).Owner hasconstructed a planter box and monument signon the Subject Propertywhich encroaches on the Easement Areasas depicted on the survey sketchwhich is attached as Exhibit A(“Encroachments”). 2.ENCROACHMENT AUTHORIZATION. The City hereby authorizes the Encroachments in the Easement Areas subject to the conditions set forth in this Agreement. The City makes no representations or warranties as to the condition of the Easement Areas or their suitability for the installation of the Encroachments. Owner agrees that the use of the Easement Areas for the Encroachments as authorized by this Agreement is with the City’s permission and is 1 555852v2 SJS BR291-16 not supportive of any type of claim that the City abandoned the Easement Areas. This Agreement does not authorize any other improvements to be constructed or placed within the Easement Areas. The Encroachments shall be placed and maintained in the Easement Areas such that they do not interfere with maintenance of the Easement Areas by the City. Owner shall be solely responsible for all work and costs to construct, maintain, repair, and improve the Encroachments as may be needed. The City shall have no responsibility to maintain the Encroachments. 3.HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to place the Encroachments in the Easement Areas, Owner,for itself and its successors andassigns, hereby agreesto indemnify, defend,and hold the City, its officials, employees, contractors, and agentsharmless fromand against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expenses (including reasonable attorneys’ fees), arising from or in connection with or caused by any act, omission, or negligence of Owner, its contractors, licensees, invitees, agents, servants, or employees in connection with the Encroachments, the construction, repair, or maintenance of the Encroachments, and Owner’s use of the Easement Area. Nothing in this Agreement shall be construed as the City waiving any exception from, or limitation on, its liability provided in Minnesota Statutes Chapter 466, or other law. Notwithstanding anything contrary to the foregoing, Owner’s liability must be limited to availably liability insurance proceeds or Surplus Cash, as such term is defined in the Regulatory Agreement for Multifamily Projects between Owner and the United States Department of Housing and Urban Development, acting by and through the Secretary, as incorporatedby reference in said Multifamily Mortgage, Assignment of Leases and Rents, and Security Agreement dated as of March ____, 2019. 4.TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property forty-five 2 555852v2 SJS BR291-16 (45) days’advance written noticeof termination, except that no notice period will be requiredin the case of an emergency condition as determined solely by the City and the Agreement may then be terminated immediately. Prior to the effective date of termination of this Agreement, Ownershall remove the Encroachments at its cost and shall restore the Easement Areas to a condition consistent with the surrounding property. If Owner fails to remove the Encroachments, the City may remove them and charge the cost of removal back to Owner for reimbursement. 5.RECORDING. This Agreement shall not be recorded with the County and does not run with the land. 6.GOVERNING LAW. This Agreement shall be governed by the laws of the State of Minnesota and may only be modified or amended with the written consent of both parties. 7.BINDING AGREEMENT. This Agreement constitutes the entire agreement between the parties regarding this matter and is binding on the parties until terminated by mutual agreement or revoked by the City. \[Remainder of Page Intentionally Left Blank\] 3 555852v2 SJS BR291-16 CITY OF BROOKLYN CENTER BY: ___________________________________ MikeElliot, Mayor AND __________________________________ Cornelius Boganey, City Manager 4 555852v2 SJS BR291-16 PROPERTY OWNER: UNITY LIMITED PARTNERSHIP, a Minnesota limited partnership By:CHDC Unity GP LLC, a Minnesota limited liability company Its:General Partner By:Elizabeth Flannery Its:President 5 555852v2 SJS BR291-16 SURVEY SKETCH EXHIBIT A 6 16 - 555852v2 SJS BR291 Member ___________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ A RESOLUTION RATIFYING THE APPROVAL OF THE FINAL PLAT OF MOHS ADDITION AND AUTHORIZING ITS RECORDING WHEREAS, David Pemberton of Sathre-Bergquist, Inc. submitted an application, on behalf of Michael Mohs of A&M Estate Services, LLC, for approval of a plat to be titled MOHS ADDITION, which would subdivide an existing 0.46 acre lot into two approximately 9,982 square foot lots;and WHEREAS, the Planning Commission heard this matter as Planning Commission Application No. 2018-003 on March 29, 2018 and,after the public hearing,acted to forward the application to the City Council with a recommendation that it approve the preliminary plat of MOHS ADDITION;and WHEREAS, on April 9, 2018,the City Council adopted Resolution No. 2018-81 to approve the preliminary plat with certain conditions;and WHEREAS, on April 23, 2018,the City Council adopted Resolution No. 2018-91 to approve thefinal plat with certain conditions;and WHEREAS, Section 15-105.A.4 of the City Code of the City of Brooklyn Center indicates that a final plat must be recorded with the County within 30 days from the date of approval or the approval of the final plat shall be considered void;and WHEREAS, the recording of MOHS ADDITION was delayed as the applicant explored other options for the property, but now wishes to record the final plat as approved by the City Council with no changes;and WHEREAS, the City Council determines that requiring the applicant to go through the entire plat approval process when there have been no changes to approved plat is not in the public interest and is willing to ratify its earlier approval to allow the plat to be recorded without further process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the approval of the final plat of MOHS ADDITION is hereby ratified and the applicant has 30 days from the date of this Resolution to record the plat in accordance with Section 15-105, subject to the following conditions: 1.The conditions established inthe original approvals remain in effect; 2.Prior to recording, the applicant shall provide the City updated evidence of title satisfactory tothe City Attorney and City Planner. February 25, 2019 DateMayor 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.