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HomeMy WebLinkAbout2019 06-24 CCPCouncil Study Session City Hall Council Chambers J une 24, 2019 AGE NDA The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Council pac ket is available to the public. The packet ring binder is located at the entrance of the council chambers. 1.City Council Discussion of Agenda Items and Questions - 6 p.m. 2.M iscellaneous a.Confirmation of Meeting Dates 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn Council Study Sessi on DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:C urt Boganey, C ity Manager S UBJ EC T:C onfirmation of Meeting Dates Background: C onfirm meeting dates for: O pportunity S ite Mas ter P lan C urrently responding C ounc ilmembers have indic ated their availability to meet on July 1 or July 2nd to review the master plan draft. We are asking the counc il set the date for this review. C ouncil R etreat C urrently the res ponding C ouncilmembers have indicated their availability to s chedule a retreat for F riday 16th and S aturday 17th, 2019, We are as king the C ity C ouncil to a date for the retreat. S trategic Priorities and Values: O perational Exc ellenc e C IT Y C O UNC IL M E E T I NG City Hall Council Chambers J une 24, 2019 AGE NDA 1.Informal Open Forum with City Council - 6:45 p.m. Provides an opportunity for the public to address the C ounc il 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 presenter. Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time for problem solving or reacting to the c omments made but, rather, for hearing the presenter for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business M eeting The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the entrance of the council chambers. 4.Roll Call 5.P ledge of Allegiance 6.Approval of Agenda and Consent Agenda The following items are c onsidered to be routine by the C ity Council and will be enac ted 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 c onsent agenda and considered at the end of Council Consideration I tems. a.Approval of Minutes - Motion to approve the following minutes: June 3, 2019 City Council/Financial Commission Meeting June 10, 2019 Study Session June 10, 2019 Regular Session June 10, 2019 Work Session b.Approval of L icenses - Motion to approve licenses as presented c.Resolution A ccepting Bid and Awarding Contract for the Construction of a Municipal L iquor S tore - Motion to approve a resolution of the lowest responsible bid and award a contract to B2 Builders for the Construction of a Municipal Liquor Store. d.Resolution A ccepting Bid and Awarding a Contract, I mprovement P roject Nos. 2018-08 and 2019-05, Bellvue and Southeast Area Mill and Overlay I mprovements - Moti on to approve the resolution accepting the lowest responsible bid and award a contract to Asphalt Surface Technologies Corporation for Improvement Project Nos. 2018-08 and 2019-05, Bellvue and Southeast Area Mill and Overlay Improvements 7.P resentations/Proclamations/Recognitions/Donations 8.P ublic Hearings a.Resolution Regarding Disposition of Planning Commission A pplication No. 2019-008 F or Approval of a Preliminary And F inal Plat A nd P lanned Unit Development for E astbrook E states S econd Addition - (i) Motion to adopt a resolution to approve Planning Commission Application No. 2019-008 for a Preliminary and Final Plat and Planned Unit Development for Eastbrook Estates Second Addition, based on the findings of fact and the submitted plans, as amended by the conditions of approval in the resolution - (ii) Motion to approve a first reading of an ordinance amendi ng Chapter 35 of the Zoning Code of Ordinances regarding the zoning classification of Eastbrook Estates Second Addition, and set the second reading and public hearing for July 8, 2019 9.P lanning Commission Items 10.Council Consideration Items a.Resolution A pproving the State of Minnesota J oint Powers A greement with the City of B rooklyn Center on B ehalf of its P olice Department Regarding the Minnesota I nternet Crimes Against Children Task F orce (I C A C) - Motion to approve the renewal of the Joint Powers Agreement (J PA) between the Brooklyn Center Police Department and the State of MN to combat internet related crimes against children b.Resolution A pproving the State of Minnesota J oint Powers A greement with the City of B rooklyn Center on B ehalf of its P olice Department Regarding the Minnesota F inancial Crimes Task F orce (MNF C T F) - Motion to approve the MN Financial Crimes Task Force Joint Powers Agreement (J PA) with the Brooklyn Center Police Department c.Resolution A pproving the State of Minnesota J oint Powers A greement with the City of B rooklyn Center on B ehalf of its P olice Department Regarding the Minnesota Human Trafficking I nvestigators Task Force (MNHI T F) - Motion to approve the Joint Powers Agreement between the Brooklyn Center Police Department and the State of MN to investigate and prosecute human trafficking and sexual exploitation of children 11.Council Report 12.Adjournment COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:Dr. R eggie Edwards , Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:Approval of Minutes Requested Council Action: - M otion to approve the following minutes: June 3, 2019 C ity C ouncil/F inancial C ommission M eeting June 10, 2019 S tudy S ession June 10, 2019 R egular S ession June 10, 2019 Work S ession Background: In ac cordance with MN S tatute 15.17 and MN S tatute 412.151, subd.1, attached for your approval are the minutes from the s tudy s es s ion, regular s es s ion and work session. Budget Issues: None S trategic Priorities and Values: O perational Exc ellenc e AT TAC HME N T S: Desc ription Upload Date Type June 3, 2019 - C ity C ouncil/F inancial C ommis s ion Joint Meeting 6/18/2019 Bac kup Material June 10, 2019 - S tudy S es s ion 6/18/2019 Bac kup Material June 10, 2019 - R egular S ession 6/18/2019 Bac kup Material June 10, 2019 - Work S ession 6/18/2019 Bac kup Material MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND STATE OF MINNESOTA JOINT WORK SESSION JUNE 3, 2019 CITY HALL – CITY COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Financial Commission Joint Work Session was called to order by Mayor Elliott at 6:30 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers April Graves and Dan Ryan. Councilmember Marquita Butler was absent and excused. Also present were Financial Commissioners Tia Hedenland, Taneshia Kragness, and Dean Van Der Werf. Financial Commissioners Abate Terefe and David Dwapu were absent and excused. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Nate Reinhardt, and Assistant Director of Fiscal & Support Services Andy Splinter. Also present were MMKR consultants Jim Eichten and Jaclyn Huegel, and Taofeek Ishola, resident. INTRODUCTIONS Mayor Elliott requested that the meeting attendees introduce themselves and say a little bit about themselves. Taneshia Kragness stated she has been on the Financial Commission for ten years. She added she has lived in Brooklyn Center for 16 years, and she loves the community. She noted she is an accountant and mother of three, and her grandmother was Mayor of Brooklyn Center for a time. Tia Hedenland stated she joined the Financial Commission in April 2017. She added she is an at- home mom and has lived in Brooklyn Center for five years. Dean Van Der Werf stated he has lived in Brooklyn Center since 1968. He added he and his wife have three grown children. He noted he has been on the Financial commission since 2011. Councilmember Dan Ryan stated he had lived in Brooklyn Center since 1953 when his parents bought their home. He added he was elected to the City Council in 2006. City Manager Curt Boganey stated he has lived in Minnesota since 1996 and has served as City Manager of Brooklyn Center since 2006. He added he served as City Manager in Brooklyn Park before his appointment as Assistant City Manager in Brooklyn Center in 2002. He noted he enjoys serving the residents and businesses of Brooklyn Center. 6/9/2019 2 DRAFT Councilmember April Graves stated she has been on the City Council for five years and has lived in Brooklyn Center for eight years. She added she has four children. She noted she works for the Minneapolis Health Department in Adolescent Health and Youth Development. Jim Eichten stated he had been a partner with MMKR for 30 years. Jaclyn Huegel stated she has been with MMKR for 15 years. Director of Fiscal & Support Services Nate Reinhardt stated he has worked for the City of Brooklyn Center for 5-1/2 years. He added previously he worked for the City of Waseca. He noted he has two children. Assistant Director of Fiscal & Support Services Andy Splinter stated he has worked for the City of Brooklyn Center for 3-1/2 years. He added before that he worked at the City of Waseca with Mr. Reinhardt as well as for the State of Minnesota, and CPA firm Abdo, Eick & Meyers. Mayor Mike Elliott stated he grew up in Brooklyn Center, and graduated from Brooklyn Center High School, around the time that Myrna Kragness was Mayor. He added he has a daughter named Michelle who is 11 years old. He noted he had been mayor for about six months, and he is happy to be able to attend this joint meeting of the Financial Commission and City Council. He thanked all the meeting attendees for being there. APPROVAL OF AGENDA There was a motion by Councilmember Ryan and seconded by Councilmember Graves to approve the agenda as submitted. The motion passed. PRESENTATION OF AUDIT REPORT AND MANAGEMENT LETTER City Manager Curt Boganey stated the joint budget meeting is the first step in the budget development process. He added this is a chance to review useful and necessary information as the City moves forward with the 2020 budget development. He introduced Jim Eichten with MMKR consulting firm. Mr. Eichten stated the City is required by State law to prepare financial statements as well as being audited by a Certified Public Accountant. He added the auditor reviews the Special Purpose Report and Management Report and issued an opinion to the State Auditor’s Office. He noted the City’s federal awards must be audited to ensure proper controls over reporting of federal revenue. Mr. Eichten reviewed the Management Report, required for submission to the State Auditor by June 30, 2019. MMKR has issued an unmodified, or clean, opinion. He noted the addition of a new emphasis provided on the federal accounting statement, providing health insurance for retirees. Mr. Eichten stated limitations in the process could be barriers, and internal controls are monitored closely. Policies related to controls over individual cycles are reviewed, for instance, billing or accounts payable. At a federal level, there is a heavy reliance on local auditors to ensure compliance, especially as in the case of Brooklyn Center, which receives federal revenues. 6/9/2019 3 DRAFT Mr. Eichten stated the Management Report reviews implemented recommendations, how the City is audited, and how challenges and findings are handled. Mr. Eichten stated the audit looks at how the City is doing financially, but MMKR does not give financial opinions. The taxable market value from 2018-19 shows that the City has come back financially from the dramatic decline during the recession years. The audit reviews the average tax rate in the City, which is impacted by tax capacity market value and also annual tax levy, among other things. The City’s tax rate is declining as market values increase. Mr. Boganey requested clarification regarding the tax capacity number as opposed to the market value number on page 6. He stated the tax rate and taxes levied are based on tax capacity and not market value. Mr. Eichten agreed, adding the tax rate is a combination of residential and commercial properties, and Brooklyn Center has seen a dramatic increase in terms of commercial property. Mr. Reinhardt stated the formula for market value exclusion credits works out the same for property owners, but the city’s market value credit is a reimbursement from the State. He added the market value was reduced to maintain property taxes, but property taxes had to be raised to get back to the same amount as the market value credit. Mr. Eichten stated analysis of governmental funds shows revenue on a per capita basis by year, and Brooklyn Center’s revenue is $1,170 per resident. He added a comparable city of 100,000 residents generates revenue of $960 per resident. The City of Brooklyn Center generates more revenue compared to other cities of its size. He added a lot of that has to do with market values. Mayor Elliott requested clarification regarding the guidelines showing population size categories. He added there is a big jump from population criteria of 20,000 to 200,000. He added that perhaps there are fewer cities around the 100,000-population mark. Mr. Eichten stated the population data is provided by the Office of the State Auditor. He added it is readily available as a comparable and provides data on a wide range of cities of different sizes. Commissioner Van Der Werf asked how the population is determined. Mr. Reinhardt stated those numbers come from the Metropolitan Council and are estimated based on City data. He added that will be updated after the 2020 Census. Mr. Eichten stated expenditures on a per capita basis are noted on page 8, with capital projects separated from recurring costs. He added debt service is shown separately as it is an important number that shows how well the City is managing its debt load. The City spends about $149 per resident, which shows good debt management. He noted the City of Brooklyn Center spent $738 per resident, which is slightly above average. He added public safety is a priority in Brooklyn Center, so that number tends to be above average. Mayor Elliott asked whether does public safety spending includes the Fire Department. Mr. Splinter confirmed this, adding Building and Community Standards inspections all fall under Public Safety as well. 6/9/2019 4 DRAFT Mr. Eichten stated Page 10 shows the General Fund or regular operations of the City. The fund balance, or equity position, shows the volume of activity within the general fund. He added the City has a policy adopted by the City Council that places a target of 50-52% general fund balance. He noted revenues are received from the County every six months, so without the balance, the cash would run out. Mr. Eichten stated it is anticipated that revenues will come close to meeting projections since there is a $20-21 million budget. He added, in 2018, revenues exceeded projections by approximately $500,000, mostly due to licenses and permits, which is an area that is difficult to project. Mr. Eichten stated the General Fund expenditures were $35,445 over budget, which is exceptional within a $20 million budget. He added this shows extraordinary budgeting and forecasting on the part of City Staff. Mr. Eichten stated the rising cost of public safety had been an issue for Brooklyn Center and many other metro area communities. He added it is a priority for many communities and costs have gone up significantly. Mr. Boganey stated it is important to note that public safety includes Code enforcement and inspections. He added investment in Code Enforcement had been a City Council goal for the past several years. Councilmember Ryan stated law enforcement research showed that physical conditions of neighborhoods were directly related to public safety outcomes. He added the City Council recognized the need for an emphasis on Code enforcement to retain the quality of the City’s neighborhoods. Mr. Eichten reviewed the City’s utility funds and business funds. He stated the City’s water fund shows revenue, expenses and operating income, before and after depreciation. He added some cities to build financing for these types of funds into their rates to cover infrastructure replacement. He added other cities issue assessments. He noted the City of Brooklyn Center’s rates covers regular operations as well as capital replacement. Mr. Eichten stated the sanitary sewer fund revenue is doing great financially, with an increase of 7- 7.5% in revenues. He added the liquor fund has also performed well, with a sales increase of 3.8% in 2018, and profit margins increasing overall. He noted the Earle Brown Heritage Center had shown good financial results for the past three years, and 2017 was a high year for sales. Mr. Eichten stated the golf course enterprise fund was transferred to a community asset by the City Council, which has been a positive change for the City. He added it is recorded as a business fund would be inappropriate. Mr. Eichten stated, in conclusion, MMKR has issued an unmodified opinion on the City’s financial situation, with no findings to report. He added City Staff are successful at continually assessing 6/9/2019 5 DRAFT value, controls, and methods to improve the City’s financial position. He added the golf course fund is one example of that level of attention to success. Mr. Boganey stated MMKR’s report shows that the City has substantially improved its earnings over the past several years, which is difficult to do in a low-interest environment. He added City Staff does a great job generating revenue for the City and gave credit Mr. Reinhardt and Mr. Splinter, as they continue to operate an outstanding financial management system. Mayor Elliott requested clarification regarding the Special Purpose Audit Report, which states that MMKR reviews the City’s internal controls over financial reporting to determine appropriate audit procedures, and express an opinion on financial statements, but not the effectiveness of the City’s internal controls. He added page 2 states, “Accordingly we do not express an opinion on the effectiveness of the City’s internal controls.” Mr. Eichten stated MMKR reviews the City’s internal controls to ensure systems and procedures are in place. He added an opinion is not given on how effective they are, and whether duties are separated. He noted government standards for reporting are used to verify whether financial reports are in compliance. Commissioner Kragness stated the last paragraph on page 2 indicates that internal controls have limited purpose. She asked whether that is because no recommendations are offered. Mr. Eichten stated that statement is meant to indicate that it is limited to those items that are reviewed as part of the audit. Mr. Reinhardt stated it would be impossible to test every transaction as it occurs, so that statement indicates that it is ultimately the responsibility of City Staff to ensure that controls are being utilized. He added auditors could make recommendations in their report for an improvement or a more thorough document. Mayor Elliott requested clarification regarding Note #3 in the footnotes on page 1, which states “the City does not like to use the 10% rate for indirect cost rate”. Mr. Eichten stated the City had received a total of $1.4 million in federal awards, which are required to be summarized in a schedule. He added the Brooklyn Boulevard project was audited, and the City elected not to use the indirect cost rate allowed by the federal government. Mr. Boganey stated advantage of not taking the indirect cost is that that is a cost that is removed from the project total. Mayor Elliott thanked Mr. Eichten for his report. STAFF OVERVIEW OF COMPREHENSIVE ANNUAL FINANCIAL REPORT Director of Fiscal and Support Services Nate Reinhardt gave a presentation reviewing financial results related to Mr. Eichten’s management report, including a letter of transmittal, management review, and analysis. 6/9/2019 6 DRAFT Mr. Reinhardt stated the City’s capital projects funding policy requires the transfer of anything that exceeds 52% of next year’s general fund expenditures into the capital improvements fund. He added there was a one-time transfer of $149,630 following last year’s audit, and actual budget expectations were exceeded by $358,000. He noted there would not be a transfer of reserves in next year’s budget. Mr. Boganey stated City Staff are deliberate about keeping projected revenues closer to what is expected and keeping expenditures and spending down. He asked what the largest positive year-end operating budget has been during Mr. Reinhardt’s tenure. Mr. Reinhardt stated it was around $1 million for a few years when he first started working for the City of Brooklyn Center. Mayor Elliott requested clarification regarding the losses at Earle Brown Heritage Center. Mr. Reinhardt stated Earle Brown Heritage Center is unique in the amount of depreciation it absorbs and is built into the operating loss. He added a more accurate measure would be to look at income less depreciation, to make sure cash flow is maintained. He noted Earle Brown had maintained a positive cash flow for the past five years, and it is a very well-performing fund. Mr. Boganey stated Earle Brown Heritage Center consistently generates more revenue than it is expending in cash, including reinvestment in capital. Mr. Reinhardt stated 15-year cash flow projections for larger items like capital outlay, depreciation, and bond sales are reviewed during the budget process. He added it is more accurate to look at the performance of funds from a cash flow projection perspective. Mr. Boganey stated the City does not try to fully fund depreciation, as that would result in generating revenue to cover expenses that are not really expenditures. Mayor Elliott requested clarification regarding the actual cash balance of $2.9 million, which represents a change of $82,000. Mr. Reinhardt stated that total is a combination of the operating fund and capital reserve for Earle Brown Heritage Center, which should be a positive increase in cash. He added an operating loss might not necessarily reflect the whole picture if there is positive cash flow. Mr. Splinter stated Earle Brown Heritage Center did their first $5 million cash flow in 2018 in receipts from customers. Mr. Reinhardt stated there was an increase in cash balances for the City’s utility funds. He added bonds were issued to pay for Fire House Park infrastructure improvements and the Water Tower rehab project. He added cash balances swing from year to year based on projects and how the City pays for them. Mr. Reinhardt stated the City made significant investments of $12.3 million on various projects, including Fire House Park, the Community Center, and sanitary sewer station replacement. He added the 2018 investment gain of $701,000 compares to $431,00 0 from the previous year. He 6/9/2019 7 DRAFT noted investments are held to maturity, so they do not translate to an unrealized loss unless the City sells them. Mr. Reinhardt stated the Economic Development Authority (EDA) owned $14 million in assets at the end of 2018. He thanked MMR consultants Jim Eichten and Jaclyn Huegel for their excellent communication and for moving the process forward. He thanked Mr. Splinter for his hard work on preparing for the audit and providing accurate financial information to ensure the audit gets completed in time. He added the City could be proud of its financial position, including a low amount of budget surplus. Councilmember Ryan stated the State legislature has reduced business property taxes, which could have an impact as certain classes of property appreciate faster than others and drive up property tax numbers. He added a result would be a faster appreciation of home values. Mayor Elliott requested clarification regarding community center use fees. Mr. Reinhardt stated community center revenues had declined steadily over the past few years, as admissions were down, and it is difficult to find the staff to teach swimming lessons. Councilmember Graves stated an argument could be made that the community center serves a similar purpose as the golf course. Mr. Boganey agreed. Mr. Splinter stated the Community Center has always been in the General Fund as it provides a benefit to the City and its residents. Mayor Elliott asked whether it is common for community centers to operate at deficit levels. Mr. Splinter stated it would be difficult to say that the community center loses money, as it is not being charged depreciation like other enterprise funds. He added community center use charges are not intended to cover the full cost of operation. Mr. Reinhardt stated it is difficult to compare other city’s community centers due to the wide variety of amenities. Mayor Elliott asked whether community center operations costs would benefit if registrations were up, and swimming lessons were provided. Mr. Boganey agreed to look into it. Commissioner Van Der Werf asked whether there has been a positive financial impact on Brooklyn Center from both the Luther developments and TopGolf. Mr. Boganey stated City Staff could provide the exact numbers. He added the Luther developments fall within TIF District #3, and they contribute substantially to the City’s ability to pay off TIF #3 debt. He noted revenue from TopGolf goes into the General Fund. Councilmember Graves asked whether the consultants or City Staff have any experience with participatory budgeting. She added the whole point of auditing is to make sure things are done fairly. 6/9/2019 8 DRAFT She asked whether specific criteria are sought that reflect the social level of ethics in relation to budgeting processes, to provide a more people-centric way of budgeting. Councilmember Ryan stated Councilmember Graves raises an interesting philosophical issue about budgeting practices, and how the City Council as policymakers base their value judgments upon an understanding of the community’s needs. Mr. Boganey stated he had not had experience with the participatory style of budgeting, but he is familiar with virtually every other type of budget process, and they all have their pros and cons. He added he could provide some examples of communities that have done inclusive budgeting involving the community. He noted this is something the City Council should talk about and have a discussion about making the budgeting process more inclusive of the community. Mr. Reinhard stated the budgeting process is very consistent from city to city, specifically in Minnesota. He added some other states employ unique approaches based on various factors. He added Brooklyn Center has more dialogue than most cities and spends time going through the budget as a group. Mr. Elliott stated this is worth looking into as it is a profound question. He added he would like to see more information about other communities who employ this method, and what positive and negatives have been noted. Mr. Boganey stated communities that approach budgeting based on values follow a “budgeting for outcomes” process, to determine outcomes at the highest levels of values and engage the public in determining potential outcomes. MISCELLANEOUS Mr. Boganey stated the Community Development Director requested a City Council Special Work Session to review the draft opportunity site master plan. He added potential dates are: June 17, 18, 19, 20, 25, 26, 27. He requested that the City Councilmembers who were present consider these dates for their availability. Mayor Elliott stated he had expressed his concern about looking at a master plan for the development. He added the master plan should include community input. Councilmember Ryan stated there had been extensive community input. He added it would be helpful to see a master plan and hear about any additional information from the developer as well as the Community Development Director. Mayor Elliott stressed the importance of getting input from the diverse groups within the community, to build something that reflects the uniqueness of Brooklyn Center. Mr. Boganey stated the purpose of the proposed workshop is to review research and information that the developer has come up with up to this point, based on what is happening in the marketplace as well as ideas and approaches. He added no action would be required at these meetings. 6/9/2019 9 DRAFT ADJOURNMENT There was a motion by Councilmember Ryan and seconded by Commissioner Graves to adjourn the meeting. The motion passed. The Brooklyn Center City Council/Financial Commission adjourned at 8:30 p.m. 06/10/19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 10, 2019 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:00 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Graves requested clarification regarding Consent Agenda items related to task forces. Mayor Elliott suggested those items be pulled from the Consent Agenda for further discussion as they are significant agreements. Councilmember Graves agreed. It was agreed that the City Council would remove Consent Agenda Items C, D and E to be addressed during the Regular Session. Councilmember Butler requested clarification regarding Agenda Item 7a, a motion to accept Opportunity Site Report and Recommendations. She added she understood there would be additional community engagement, and this is an ongoing issue. Mr. Boganey agreed, stating the report being presented is an update on the results of activities up to this point, and the action is to accept the report and recommendations. He added there are additional engagement activities proposed and planned, and City Staff will review that information at tonight’s meeting. Community Development Director Meg Beekman stated a presentation from Gretchen Nicholls, representing LISC, will include a summary of the facilitated workshop series. She added two deliverables were required from LISC – a summary of the four workshops and a final document drafted by participants at the fourth workshop that includes recommendations for moving forward. She noted the City Council’s acceptance of these components is acknowledging the community’s work in the planning process as well as additional work that is required. 06/10/19 -2- DRAFT Ms. Beekman stated the process has been instrumental in identifying how the information can be utilized across the community, in other locations as well, for development opportunities. Councilmember Graves the contract with LISC was negotiated by the developer and not the City. She added there are ways in which the process could have resulted in more thorough engagement. She noted she does not dismiss the work of LISC, nor the input and participation of City Staff and residents, and she believes the work is valid. She requested that the recommendation should say “further input is needed” rather than “when needed.” Mayor Elliott asked whether the developer will use the report as a guide for the development of the master plan. Ms. Beekman stated the recommendations are not written as a guide, as the report was written in partnership with the developer, City Staff, and the community. She added the unique process was new to LISC as well, and they accommodated the request to blend it with their traditional methods. She noted the intention and outcomes were largely the same, and a set of values related to the development were developed as well as recommendations of what would be appropriate and desirable at the Opportunity Site. Ms. Beekman stated one idea that came up was the idea of an international market. She added the next phase would include engagement with local entrepreneurs to focus on ways to create space for local businesses to move into that vision. She noted a multi-cultural center was another idea that will require further exploration. Councilmember Ryan stated he attended all four community workshops. He added the developer needs recommendations so they can move forward. He noted additional engagement would need to be done in a timely manner. Councilmember Butler stated the City should not be concerned with the developer’s timeline, as these decisions will mean big changes within the community. She added the efforts that were put forth were good, but they were not enough. She noted she did not see the diversity of the community reflected in the workshops. Councilmember Butler stated a better job could have been done of consulting various organizations within the City as part of this process. She added the idea of holding the workshops at the library and providing food was a great idea, but many residents might not feel comfortable coming to the library. She noted she would have preferred holding the workshops in other local places would have been a more fruitful opportunity to get participation from people with diverse backgrounds. MISCELLANEOUS 06/10/19 -3- DRAFT Highway 242 Update Meeting Mr. Boganey stated the Highway 252 Project Technical Advisory Committee would like to schedule a Policy Advisory Committee meeting on July 29, 2019, to receive a project update, and would include City Staff, Mayor Elliott, Councilmember Ryan, and others. He added this group would meet at a public meeting the first week in August, and City Staff would like to allow the rest of the City Council to review the draft before the public hearing. He asked whether the City Council is interested in reviewing the draft, and what dates would work for them. Mayor Elliott stated he supports City Council review of the plan. He added he had expressed the importance of including residents who will be the most affected by the project. Councilmember Ryan stated a public meeting was held in December 2018, that included representatives of Hennepin County and the Minnesota Department of Transportation (MnDOT), and many public hearings have been held. He added Hennepin County has been amenable to recommendations from the City on past projects. Mayor Elliott agreed, stressing the importance of providing an opportunity for residents to be part of the process. Discussion of this item reached a conclusion at the June 10, 2019, Work Session. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Elliott adjourned the Study Session at 6:45 p.m. 06/10/19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 10, 2019 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike Elliott at 6:45 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Mike Elliott opened the meeting for Informal Open Forum. Carol Kleven, 5835 Zenith North, stated she has questions regarding the senior living building that is proposed at 5801 Xerxes Avenue N. She asked whether meals will be provided for senior citizens to purchase. She asked whether the two living components will have different owners. City Attorney Troy Gilchrist stated there would be a public hearing on this item during the Regular Agenda under Agenda Item 8, and Ms. Kleven’s questions can be addressed at that time. Ms. Kleven agreed. Lennie Chisholm, P.O. Box 581452, Minneapolis, stated the Saturday Pop-Up Market was held last Saturday. He thanked City Staff for their help and support, especially Dr. Reggie Edwards for helping set up the tents. He added there were approximately 40 tents, and they were all occupied. He noted there are new food vendors, including food trucks, the weather was great, and attendance was high. Mr. Chisholm stated a shipping container is on the site and will be used as a temporary space for market vendors. He added this is a new feature to the market and the details are being worked out. He provided door stickers for the City Councilmembers to distributed to local businesses, to help with marketing. 06/10/19 -2- DRAFT Harley Daudt, 6000 York Avenue N, stated he would like to see more transparency regarding City meetings. He added it is difficult to find information about the meetings on the City website, and he does not receive the Sun Post newspaper. He requested that the City of Brooklyn Center send out notices to all residents about City meetings and what will be discussed. Johlani King, 5701 Shingle Creek Parkway, stated he owns a residential and commercial cleaning business located in Brooklyn Center. He added he came to Brooklyn Center as a refugee with Nigerian and Liberian family members. He expressed concern about the lack of resources for youth in Brooklyn Center. He stated he would like to see a place where youth can go to engage with each other, that would provide programs and counseling. He added these issues are areas of focus for the City Council. Mayor Elliott closed the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves read a quote about the season of summer as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:05 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Community Development Director Meg Beekman, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 28, 2019 – Study Session 2. May 28, 2019 – Regular Session 06/10/19 -3- DRAFT 3. May 28, 2019 – Work Session 6b. LICENSES AMUSEMENT DEVICES Metro Coin of Minnesota 6301 Shingle Creek Parkway Brooklyn Center, MN FIREWORKS LICENSE - TEMPORARY TNT Fireworks/Cub Foods 3245 County Road 10 Brooklyn Center, MN GARBAGE HAULERS Curbside Waste 4025 85 th Avenue N Brooklyn Park, MN 55443 Walz Brothers Sanitation 17 – 3rd Avenue Osseo, MN 55369 MECHANICAL Anderson’s Residential Heating & A/C 1628 County Road 10 #34 Spring Lake Park, MN 55432 Airics Heating & Air Conditioning Inc. 9124 Grand Avenue S. Bloomington, MN 55378 Atwood Electric, Inc. 23124 Highway 149, PO Box 311 Sigourney, IA 52591 Heating & Cooling Two Inc. 18550 County Road 81 Maple Grove, MN 55369 Knott Mechanical Inc. 3961 Quebec Avenue N New Hope, MN 55427 Marsh Heating & A/C 6248 Lakeland Avenue N Brooklyn Park, MN 55428 Premier Heating & AC, Inc. 128 E. 70 th Street Richfield, MN 55423 Stafford Homes Service 6225 Cambridge Street #30 St. Louis Park, MN 55416 SIGN HANGER Veo Sign LLC 6353 Martin Avenue SE Otsego, MN 55301 RENTAL INITIAL (TYPE IV – six-month license) 3800 66 th Avenue N Nancy Yang/Kayo Investment RENEWAL (TYPE IV – one-year license) 1316 68 th Lane N Valerie Blount McKissack 06/10/19 -4- DRAFT 5556 Emerson Avenue N John Reider RENEWAL (TYPE III – one-year license) 1316 68 th Lane Valerie Blount McKissack 2925 69 th Lane N Svetlana Tsurkan 6712 Beard Avenue N Morris Matthews (met mitigation plan) 5415 Emerson Avenue N MNSF II, LLC (met action plan) 5420 Girard Avenue N Scott Sorum (met action plan) RENEWAL (TYPE II – two-year license) 7206-12 West River Road Jason Ingebretson 1507 Humboldt Avenue N Kyan Hui RENEWAL (TYPE I – three-year license) 3912 58 th Avenue N Prosperous Property LLC 6807 Aldrich Avenue N Prosperous Property LLC 4724 Lakeview Avenue Rebecca Hernandez 3318 Mumford Beng Thao 6c. MN INTERNET CRIMES AGAINST CHILDREN TASK FORCE JOINT POWERS AGREEMENT (Moved to Item 10c) 6d. MN FINANCIAL CRIMES TASK FORCE JOINT POWERS AGREEMENT (Moved to Item 10d) 6e. MN HUMAN TRAFFICKING INVESTIGATORS TASK FORCE (Moved to Item 10e) 6f. RESOLUTION NO. 2019-082 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2019-01, 02, 03 AND 04, INTERSTATE AREA STREET, STORM DRAIN UTILITY IMPROVEMENTS 6g. RESOLUTION NO. 2019-083 ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2018 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PRESENTATION OF OPPORTUNITY SITE CORRIDOR DEVELOPMENT INITIATIVE – REPORT AND FINAL RECOMMENDATIONS Community Development Director Meg Beekman introduced Gretchen Nicholls with LISC Twin Cities. Ms. Nicholls gave a presentation on a series of community workshops that took place in 06/10/19 -5- DRAFT March-May 2019 regarding the Opportunity Site development, with Alatus LLC as their partner. Alatus engaged LISC to engage the community review development possibilities at the 35-acre site owned by the City, which is part of a larger Master Plan area. Ms. Nicholls stated the development has some urgency to it; the property is important within the community. She added the goal was to provide a platform for the community to think about what possibilities for development at the Opportunity Site. Ms. Nicholls stated the workshop series was an effort to gather community ideas, facilitate conversation, and incorporate ideas into the process. She added the four workshops were supported by an advisory group and a panel of volunteers who came to share their expertise. She noted the number of attendees doubled at each workshop, and she credited City Staff with getting out and recruiting as many people as possible to join the conversation. Ms. Nicholls stated translation services were offered for the Latino and Hmong communities, and other traditional resources were available for residents. Ms. Nicholls stated the first workshop focused on defining community values, and important amenities based on the uniqueness of the site. She added concern for future development was discussed, including environmental concern, types of uses, and what types of things people would like to see. Ms. Nicholls stated the subsequent workshops included a developer panel discussion and identified the goal of supporting small businesses and creating housing options for all incomes, as well as creating economic vitality for local businesses. Ms. Nicholls stated recommendations and goals that came out of the workshops were: embrace and grow diversity; produce places that bring the community together; create a vibrant and distinctive public space and consider sustainability in the design of the development. She added the recommendations are made to help the City as development opportunities are considered and will also be helpful to Alatus for their ideas and strategies for the larger site. Councilmember Graves asked whether LISC typically uses this type of process, and where the City is currently in the planning stages. She asked how Ms. Nicholls felt about progress made during the workshops. Ms. Nicholls stated LISC is typically engaged by a City and not a developer. She added LISC is usually involved before a developer is brought onto the project. She added parameters are clear when working with a developer, especially with a big site. She added the City felt that this was a very important conversation involving as many people as possible. Councilmember Graves requested clarification regarding the use of Community Benefits Agreements (CBA’s). Ms. Nicholls stated CBA’s are a legal document often used to provide teeth and depth to an important development discussion. 06/10/19 -6- DRAFT Councilmember Graves expressed her appreciation to Ms. Nicholls and LISC for their work. She asked for recommendations about what the City can do to ensure that a development is planned that best serves the City’s residents. Ms. Nicholls stated the City is on a good track. She stressed the importance of identifying priorities and working with partnerships. She added it had been a pleasure because the community has embraced the process. Councilmember Graves stated the City Council had expressed their concern about the lack of diversity in the process, although it did improve. She added she would have liked to see more representative groups from the community and involvement from community partners. Councilmember Butler thanked Ms. Nicholls for her presentation. She noted she felt one missing component was a youth voice. She added the development would have a big impact on teenagers and young adults, but there were very few in attendance. She asked what efforts were made to involve youth. Ms. Nicholls stated it is difficult to get youth to participate in these types of meetings. She added Ms. Beekman was able to reach out to the schools. Ms. Beekman stated this is the first time she has ever seen youth involved in this type of process at all. She added a group of 6-8 youth participated throughout the entire process. Mr. Boganey stated City Staff reached out to Brooklyn Bridge, and they posted notices on their website and in their newsletter, and it was discussed at the Youth Council. Councilmember Butler stated there are many organizations embedded in Brooklyn Center that were not represented on the Advisory Group. She added businesses owners should have been represented. She noted she was concerned about the lack of diversity and disappointed in lack of participation by community groups. Councilmember Butler stated community members walked out of the second workshop as they did not feel their ideas were being received and heard. She added she is happy about the themes that were captured, and workshop attendees expressed that people’s voices were heard. She noted she appreciates the efforts of Gretchen Nicholls and LISC and what went into the work they did. Councilmember Ryan thanked Ms. Nicholls for her presentation, and he thanked LISC for being a part of the process and their hard work. He added the process got better as it went along. He noted residents of Brooklyn Center come from many different diverse communities, and have embraced each other in their differences, which is why it is critically important to involve the community in this process. 06/10/19 -7- DRAFT Mayor Elliott stated many residents have said they did not know about the process. He added engagement is not easy, but it is possible to do it in Brooklyn Center, from his own experience. He noted this project represents a big opportunity for Brooklyn Center, and there is a financial incentive for this development to happen, but it must truly be a benefit to the entire community. Councilmember Ryan moved, and Councilmember Lawrence-Anderson seconded to accept the Opportunity Site Corridor Development Initiative Summary Report and Final Recommendations Submitted by Gretchen Nicholls, Twin Cities LISC. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2019-04 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF 5801 XERXES AVENUE NORTH Ms. Beekman reviewed this agenda item, related to the proposed redevelopment of 5801 Xerxes Avenue by Real Estate Equities to develop two multi-family buildings. She added the City Council voted to approve a Planned Unit Development (PUD) for the property at its May 28, 2019 meeting. She reviewed site plan specifics, parking requirements, and a traffic study. She noted the developer met with the City’s public art consultant to discuss public art and enhancements as part of the landscaping component. Ms. Beekman stated concerns had been raised regarding the mid-block building exit, pedestrian circulation, and access to commercial properties to the south. She added the mid-block exit was added as a recommendation. She noted the public art consultant provided recommendations for enhancing the pedestrian areas and improve walkability and visibility, which mitigate some of the concerns about the mid-walk crossing and overall site plan improvements. Councilmember Ryan moved, and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Carol Kleven, 3845 Zenith Avenue, asked whether food will be available for senior citizens to buy. She asked whether there will be a beauty salon. Alex Bisanz, representing Real Estate Equities (REE), stated the independent senior living component would not be assisted living, and food will not be provided. He added a salon is being considered, and there will be many community spaces, including a club room, fitness room, hobby/craft space, and outdoor spaces. Ms. Kleven stated the Gateway development has 252 units on 17 acres, with a fence all the way around. She added this proposed development has more units than that on only 5 acres. Ms. 06/10/19 -8- DRAFT Kleven stated she read about the grilling area, and she does not believe people will want to share grills. Mayor Elliott thanked former City Councilmember Carol Kleven for her comments. Mr. Bisanz stated food service would not be provided as the development will not be assisted living. He added Gateway Commons was built in the 1960s with more density and surface parking. He noted parking at the proposed site will be sufficient. Mr. Bisanz stated REE does grilling areas at all their properties as a community space for people to come together. He added there is not typically a large number of people who want to grill. Mr. Bisanz gave a presentation on the development project at 5801 Xerxes Avenue. He added it is an exceptional location with access to transportation and will provide $60 million investment in the City of Brooklyn Center, with committed long-term owners. He showed a traffic foot map, showing access to all pathways and crosswalks, as well as transit and garage access. Mr. Bisanz stated the tot lot is in the best location possible on the site. She added there should be a 6-foot fence around the tot lot. Councilmember Lawrence-Anderson stated it is not a good location unless it is fenced, due to the busy street. Mr. Bisanz stated the tot lot would be fenced and elevated. Councilmember Lawrence-Anderson asked whether there will be a fence. Mr. Bisanz stated there is currently no fence plan as there have been differing opinions. Councilmember Graves stated the issues of safety and security were already discussed with the developer, at a meeting at which Councilmember Lawrence-Anderson was absent. She added the developer has indicated security measures will include security cameras, controlled key fob access, surveillance of access points, and a security guard during the leasing process. Councilmember Lawrence-Anderson stated she loves all the aspects of the project except the parking in the middle. She added she does not understand how big the community space will be. She noted she loves the appearance of the building. Councilmember Graves moved, and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Graves seconded to Approve a Second Reading and Adopt ORDINANCE NO. 2019-04 Regarding the Zoning Classification of 5801 Xerxes Avenue North. Motion passed unanimously. 06/10/19 -9- DRAFT 8b. RESOLUTION NO. 2019-084 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF a MULTI-FAMILY HOUSING REVENUE NOTE UNDER MINNESOTA STATUTES, CHAPTER 426C; AUTHORIZING THE LOAN OF THE PROCEEDS OF THE REVENUE NOTE TO BROOKLYN CENTER AH 1 LLLP (REE XERXES AVENUE WORKFORCE HOUSING PROJECT); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE AND RELATED DOCUMENTS; AND APPROVING JOINT POWERS AGREEMENT Director of Fiscal & Support Services Nate Reinhardt reviewed the conduit debt application for the REE Workforce Housing Project. Project requirements are met, including compatibility with the overall objectives of the City and neighborhood; the City’s intent to redevelop and assist with business expansion; and have a substantially favorable effect upon the community. Mr. Reinhardt stated a maximum amount of $19 million would be authorized by the Minnesota Department of Management and Budget. He added the intent is to submit for bonding authority for the senior living component of the project in July 2019. He noted the resolution also contains a Joint Powers Agreement that would allow REE to re-use bonding authority from another St. Paul project. Councilmember Lawrence-Anderson moved, and Councilmember Ryan seconded to open the Public Hearing at 9:00 p.m. Motion passed unanimously. Harlan Daudt, 6000 York Avenue S., asked who is responsible for paying back the bonds if the project is not successful. Mayor Elliott stated the City does not assume any liability for this project. Mr. Daudt asked whether it is common for businesses to get these types of bonds. Mr. Boganey stated these bonds are only available for qualified projects that meet certain criteria and provide a special benefit for low-income residents, businesses, or schools. Mr. Daudt asked what kind of tax incentives the developer will be getting for this development. Mr. Boganey stated that has not yet been determined or approved by the City Council, but a request and public hearing are expected. Councilmember Ryan moved, and Councilmember Lawrence-Anderson seconded to close the Public Hearing at 9:05 p.m. Motion passed unanimously. Councilmember Ryan moved, and Councilmember Graves seconded to Adopt RESOLUTION NO. 2019-084 Authorizing the Issuance, Sale and Delivery of a Multi-Family Housing Revenue 06/10/19 -10- DRAFT Note Under Minnesota Statutes, Chapter 426c; Authorizing the Loan of the Proceeds of the Revenue Note to Brooklyn Center AH 1 LLLP (REE Xerxes Avenue Workforce Housing Project); Approving the Form of and Authorizing the Execution and Delivery of the Note and Related Documents; and Approving Joint Powers Agreement. Motion passed 4-1 (Mayor Elliott voted nay). 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. COMMISSION APPOINTMENTS TO THE FINANCIAL COMMISSION Mayor Elliott stated he has spoken with Financial Commission candidate Taofeek Ashola, 6561 River Road Lane. He added Mr. Ashola has a finance background working in various capacities including as a Certified Public Accountant licensed for the State of Minnesota. He noted he supports and affirms this appointment. Commissioner Ryan moved, and Commissioner Graves seconded to appoint Taofeek Ashola to the Financial Commission. Motion carried unanimously. 10b. COMMISSION APPOINTMENT TO THE PLANNING COMMISSION Mayor Elliott stated a candidate had submitted an application for the Planning Commission, but the applicant has not been interviewed. City Manager Curt Boganey stated items removed from the Consent Agenda regarding Joint Powers Agreements would be addressed at a future City Council Work Session at the Mayor’s direction, in the interest of time. 10c. MN INTERNET CRIMES AGAINST CHILDREN TASK FORCE JOINT POWERS AGREEMENT Mayor Elliott stated this item would be addressed at an upcoming Work Session in the interest of time. 10d. MN FINANCIAL CRIMES TASK FORCE JOINT POWERS AGREEMENT Mayor Elliott stated this item would be addressed at an upcoming Work Session in the interest of time. 06/10/19 -11- DRAFT 10e. MN HUMAN TRAFFICKING INVESTIGATORS TASK FORCE Mayor Elliott stated this item would be addressed at an upcoming Work Session in the interest of time. 11. COUNCIL REPORT Councilmembers Graves, Ryan, Lawrence-Anderson, and Butler and Mayor Elliott agreed to forego their Reports in the interest of time. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved, and Councilmember Graves seconded adjournment of the City Council meeting at 9:07 p.m. Motion passed unanimously. 06/10/19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JUNE 10, 2019 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 9:20 p.m. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Community Development Director Meg Beekman, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. HIGHWAY 252 MEETING DATE – Cont’d Mr. Boganey stated he would send out an email to the Councilmembers/Commissioners asking for them to respond with some dates that might work for the Highway 252 meeting. YOUTH IN GOVERNMENT Mr. Boganey asked whether the City Council/EDA would hold Youth in Government Day on July 22, 2019, and give up part of their Study Session. There was a majority Consensus among the City Council/EDA to hold Youth in Government Day on July 22, 2019. ZONING CODE TASK FORCE CHARTER DISCUSSION Community Development Director Meg Beekman requested the City Council/EDA’s comments and feedback on formation of a Zoning Code Task Force that would not supersede the Planning Commission but rather would fill an additional advisory role for City Staff and consultants as the Zoning Code language is drafted. Ms. Beekman added City Staff would like to begin the process of recruiting Task Force members, based on a goal of identifying representative demographics within the community. 06/10/19 -2- DRAFT She noted potential Task Force Members would have an interest in Zoning and a basic understanding of the regulatory framework. Ms. Beekman stated City Staff hopes that the Task Force will include at least two business owners, two Planning Commissioners and two Housing Commissioners. She added the rest of the Task Force would be community-based. She noted the City Council/EDA would be asked to participate in the recruitment of Task Force members who will remain invested in the process. Ms. Beekman stated City Staff hopes to get consensus from the City Council/EDA to move forward with the development of a Zoning Code Task Force. She added a charter had been prepared that identifies roles and responsibilities and lays out a time frame. Councilmember/Commissioner Ryan stressed the importance of finding well-informed and engaged citizens to serve on the Task Force who are not already on another Commission. Ms. Beekman stated City Staff intended that the Task Force would be comprised of two members each from the Planning Commission and Housing Commission. She added the language would ultimately be used by those two Commissions. She added representation from the business community would also be sought for the Task Force. She noted the next Planning Commissioners could come out of this group. Ms. Beekman stated the Task Force’s participation would represent the diversity of the community. She added the group of 10-12 Task Force members would be equally representative of the City’s diversity. Councilmember/Commissioner Lawrence-Anderson asked whether the Zoning Ordinance will be changed, eliminating Special Use Permits. Ms. Beekman stated that it is not the sole purpose but could be an element of the process. Councilmember/Commissioner Graves stated she does not see any negative results from having a Task Force for the Zoning Code. She added she supports getting some business owners and residents who do not serve on other Commissions. She asked how often the Task Force would meet. Ms. Beekman stated the Task Force would meet every other month. Councilmember/Commissioner Graves stated she supports moving ahead with the Task Force, as it is a good idea to encourage community engagement in the Zoning process. Ms. Beekman stated, regarding the application process, City Staff has put together an application and flyers for the City Council/EDA to distribute within the community. She added the goal of ethnic and geographically diverse representation would be considered. 06/10/19 -3- DRAFT Mr. Boganey asked how the City Council/EDA would like the selection process to be handled. Councilmember/Commissioner Graves stated she would like to see the applications. Mayor/President Elliott stated it would be important to see how the opportunity is framed. Mr. Boganey stated City Staff would gather the applicant’s information and classify it in a manner that allows the City Council/EDA to see their differences. He added raw data would be provided to allow the City Council/EDA to determine who they wish to have serve on the Task Force. Councilmember/Commissioner Ryan asked City Attorney Troy Gilchrist whether it is the responsibility of the Planning Commission to make recommendations to the City Council/EDA regarding Zoning Ordinances. Mr. Gilchrist confirmed this, adding the public hearing would be held at a Planning Commission meeting, and then forwarded to the City Council/EDA for decision. BROOKLYN CENTER LIQUOR STORE CONSTRUCTION ALTERNATE NO. 1: FUTURE TENANT SPACE Director of Fiscal & Support Services Nate Reinhardt stated City Staff is requesting consensus from the City Council/EDA to move forward with Bid Alternate No. 1 for the future tenant space at the Liquor Store #1 location. He added 12 bids were received, and the low bidder was B2 Builders, Bloomington, MN, whose owner has previously worked on projects in Shingle Creek Crossing. He noted the bid amount of $1,901,000 is $441,000 under the estimate. Mr. Reinhardt stated the City has options for building the additional space, including completion of the space with the intention to sell it and achieve City Council/EDA priorities. He added the City would retain some ability to have a voice in the property’s use. He asked whether the City Council/EDA supports the construction of future tenant space, and if so, how they would like to see the space utilized. Mayor/President Elliott stated he voted against the liquor store, but the tenant space provides an important potential opportunity. He noted the future growth of Minnesota’s economy would be greatly impacted by communities of color, and there is great potential for economic growth that would be concentrated in Brooklyn Center. He noted he supports moving ahead with the tenant space and providing subsidies to ensure that it is affordable. Councilmember/Commissioner Graves stated she is leaning toward Option 6, lease with the intent to achieve Council priorities. She asked how the proposed size of the new tenant space compares with other spaces in that development. Mr. Reinhardt stated the lease prices are marketable to other spaces around this area. He added rent on the new space will probably be higher due to property tax and maintenance costs, since 06/10/19 -4- DRAFT the City will be the owners of the building. Overall, the CAM charges would be below that Shingle Creek Crossing would charge for example. Councilmember/Commissioner Graves asked whether the space will accommodate two tenants. Mr. Reinhardt stated the pad site could be divided for different uses. Ms. Beekman stated each financial scenario is linked to a different economic outcome, including what type of business, how it might be operated and the financial model of how it would relate to other commercial uses in Brooklyn Center. She added if the City Council/EDA decides to move forward with this plan, the next step will be to determine the amount of oversight the City will have over the space. She noted there is a range of options represented here that have significant differences in the amount of resources they require, in terms of cost but also ongoing site management. Ms. Beekman stated Option 6 could incorporate a boutique retail space where vendors can market and sell their products, and the City takes a percentage of the profits. She added additional City Staff would need to be hired to operate and manage the space, and the revenue that would be earned would not be equal to operating costs. Ms. Beekman stated this could be an ownership opportunity for a small local business. She added this would be a benefit for the business owner who would be able to sell the property. She noted this would be a good opportunity for a small business. Councilmember/Commissioner Graves stated she would not support the idea of the City being the owner/manager of the space, hiring staff, and managing daily operations. She added the location could be a place where a business would grow and move on to something bigger. Councilmember/Commissioner Graves stated two tenants could support each other and promote growth, but she added she is unsure what would have to be done to make it possible. She stressed the importance of giving businesses the opportunity to be seen and recognized in the community, which is what she is hoping for this space. Mayor/President Elliott agreed, adding multiple tenants and storefronts can provide support and growth opportunities. He asked what level of involvement would be required from Staff, and whether the community should be involved in the decision-making process. Ms. Beekman stated City Staff would meet with ACER, WomenVenture, and Aida, who have relationships with small businesses and entrepreneurs. She added this is a good starting point to determine the needs of an entrepreneur starting up a small business. Mr. Reinhardt stated it makes sense to create a criteria-based request to see if there is any interest. He added most of the options that are being discussed would require further review and exploration before further discussion by the City Council/EDA. 06/10/19 -5- DRAFT Mr. Reinhardt stated construction is scheduled to begin in July 2019 with the exterior of the building complete by the end of the year. He added the City Council/EDA would have time to work through ideas and proposals. He noted a prospective tenant could begin planning their space while construction is still underway. Mr. Boganey stated, in summary, the City Council/EDA would like City Staff to proceed with building the adjacent retail space and provide a range of options in terms of objectives and mission. He stressed the importance of recognizing that assisting local businesses providing affordable spaces and that there could be substantial underwriting of costs by the EDA and the City. He noted City staff could bring ideas and strategies back to the City Council/EDA based on their direction, with options that are compatible with the City Council/EDA’s comments and feedback. Mayor/President Elliott stated he supports Option 6, providing future tenant space. Councilmember/Commissioner Ryan stated he supports selling or leasing the space for the highest return. He added some aspirational visions are interesting but require further research to determine any hidden costs. He noted 9 out of 10 small businesses fail within the first two years. Councilmember/Commissioner Lawrence-Anderson stated she would not be supportive of hiring additional City Staff to support this space. She added she would support helping small businesses but not putting the City at risk. She noted it would be beneficial to complete all the construction at the same time. Councilmember/Commissioner Butler stated there is potential to get a small business in the space, and the City would still have control. She added there is risk involved, but taking a creative approach and advanced planning will provide a basis for success. She noted she would like to support a small business venture in the space. Councilmember/Commissioner Ryan stated, aside from tonight’s discussion and decision, the City Council/EDA should revisit how to promote and support small businesses. She added City staff, including Business and Work Force Development Coordinator Brett Angell, can provide support with this effort. Mr. Boganey stated the City Council/EDA had expressed a strong consensus in moving forward with building the tenant space. He added there is a mixed perspective on how it should be used, but that can be reviewed and discussed over the next several months to determine the most effective use. Stacy Kvilvang, Ehlers, stated the City should consider what they will be giving up from a fiscal standpoint. She added retail is a great opportunity to promote further economic growth and diversity at a low cost. She added she would go with smaller businesses that are not food related. 06/10/19 -6- DRAFT She noted, however, the City can expect to write off 100% of its investment in the interests of expansion and entrepreneurship. ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved, and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:12 p.m. Motion passed unanimously. COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Alix Bentrud, Deputy C ity C lerk S UBJ EC T:Approval of Licens es Requested Council Action: - M otion to approve licenses as presented Background: T he following bus inesses/pers ons have applied for C ity licens es as noted. Eac h busines s /person has fulfilled the requirements of the C ity O rdinanc e governing respec tive lic enses, submitted appropriate applic ations , and paid proper fees . Applicants for rental dwelling licens es are in compliance with C hapter 12 of the C ity C ode of O rdinances, unles s c omments are noted below the property address on the attac hed rental report. T he liquor lic ense renewals are bas ed on past prac tic es of dis tance requirements and may require an amendment in the future. A M U S EM EN T D EV I C ES L I C EN S ES Mendota Valley Amusement Inc 6110 Brooklyn Blvd 390 R ichmond S t E S o S t P aul 55075 Mendota Valley Amusement Inc 6845 S hingle C reek P kwy 390 R ichmond S t E S o S t P aul 55075 G A R B A G E H A U L ER S Darling Ingredients, Inc 9000 382nd Ave Blue Earth MN 56013 Walters R ecycling & R efuse 2830 101s t Ave NE Blaine MN 55449 M EC H A N I C A L L I C EN S ES A & M Heating & Air C onditioning LLC 22280 Tippec anoe S t NE East Bethel MN 55011 All Appliance Ins tallation P lus P O Box 166 C ambridge MN 55008 Binder Heating and Air C onditioning Inc 222 Hardman Ave N S o S t P aul MN 55075 F lare Heating & Air C onditioning 9303 P lymouth Ave N S te 104 G olden Valley MN 55427 Lennox National Ac count S ervices 7150 Boone Ave S te 180 B Brooklyn P ark MN 55428 Liberty C omfort S ystems 627 East R iver R oad Anoka MN 55303 Majes tic C us tom Heating & Air C onditioning 8800 R oyal C ourt NW R amsey MN 55303 O tsego Heating & Air C onditioning DBA C omfort S olutions 11 1s t S t NW O s s eo MN 55369 S IG N HAN G E R LIC E N S E S S ML S ign Maintenance Lighting 700 Tower Drive Medina MN 55340 T R AN S IE N T AC C O MMO D AT ION S Bes t Western P lus 2050 F reeway Blvd Brooklyn C enter MN 55430 S trategic Priorities and Values: S afe, S ecure, S table C ommunity AT TAC HME N T S: Desc ription Upload Date Type R ental C riteria 5/22/2019 Bac kup Material 6-24-19 R entals 6/19/2019 Bac kup Material Page 2 of 2 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 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 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 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 Pr o p e r t y   A d d r e s s Dw e l l i n g Ty p e Re n e w a l or   I n i t i a l Ow n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e Po l i c e CF S   * Final License Type **Previous License Type *** 53 2 8 ‐ 5 3 3 0   Q u e e n   A v e   N Tw o   F a m i l y 2U n i t s In i t i a l M a i   H e r 0 I N / A I 35 0 1   6 3 r d   A v e   N S i n g l e I n i t i a l O y e j o l a   A z u m 3 I I N / A I I 70 2 5   L o g a n   A v e   N S i n g l e I n i t i a l Fa t o u   J a l l o w   /  S u m m i t   P r o p e r t i e s   L L C 13 I V N / A I V 56 0 1   L y n d a l e   A v e   N Ri v e r w a l k   I I Mu l t i   1 B l d g   4  U n i t s Re n e w a l Br e t t   H i l d r e t h   /   Dr a g o n   P r o p e r t y   M a n a g e m e n t 5 1. 2 5   p e r   U n i t II 0. 4   p e r   u n i t   Di s t u r b a n c e   1/ 2 6 / 1 9 Th e f t   5 / 2 3 / 1 9 III II 20 0 6   5 5 t h   A v e   N S i n g l e R e n e w a l M a t h i a s   B i n g a m a n 1 4 I V 0 I V I I 42 0 7   L a k e s i d e   A v e   # 1 2 3 S i n g l e R e n e w a l D o n n a   K a b a n u k 0 I 0 I I I 42 0 7   L a k e s i d e   A v e   # 1 4 0   S i n g l e R e n e w a l Jo s e p h   D r e c h s l e r     me t   a c t i o n   p la n 0 I 0 I I I I 42 0 7   L a k e s i d e   A v e   # 2 3 6 S i n g l e R e n e w a l J u d i t h   S p a n b e r g e r /   M S P   H o m e   Re n t a l 8 I I I 0 I I 61 2 4   L e e   A v e   N S i n g l e R e n e w a l J e n n i f e r   K u r i a 1 I 0 I I I 72 3 1   O l i v e r   A v e   N S i n g l e R e n e w a l K a t h l e e n   K a n e 6 I I I 0 I I I I I 70 3 0   R e g e n t   A v e   N S i n g l e R e n e w a l D o u g l a s   W a h l   /   C e l   M o n t o n 5 I I 0 I I I V 53 0 6   R u s s e l l   A v e   N S i n g l e R e n e w a l D o n n a   R e i n a r z 2 I 0 I I *  C F S   =   C a l l s   F o r   S e r v i c e   f o r   R e n e w a l   L i c e n s e s   O n l y   ( I n i t i a l   L i ce n s e s   a r e   n o t   a p p l i c a b l e   t o   c a l l s   f o r   s e r v i c e   a n d   w i l l   b e   l i s t ed   N / A . ) **   L i c e n s e   T y p e   B e i n g   I s s u e d ** *   I n i t i a l   l i c e n s e s   w i l l   n o t   s h o w Al l   p r o p e r t i e s   a r e   c u r r e n t   o n   C i t y   u t i l i t i e s   a n d   p r o p e r t y   t a x e s Ty p e   1   =   3   Y e a r         T y p e   I I   =   2   Y e a r             T y p e   I I I   =   1   Y e a r Re n t a l   L i c e n s e s   f o r   C o u n c i l   A p p r o v a l   o n   J u n e   2 4 ,   2 0 1 9 COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Nate R einhardt, F inance Director S UBJ EC T:R esolution Acc epting Bid and Awarding C ontrac t for the C onstruc tion of a Municipal Liquor S tore Requested Council Action: - M otion to approve a resolution of the lowest responsible bid and award a contract to B 2 B uilders for the C onstruction of a M unicipal L iquor S tore. Background: Bids for C ons tructio n o f a Munic ip al Liquo r S tore were rec eived and o p ened o n June 4, 2019. T he projec t bid includ ed the bas e bid for the cons tructio n of the municipal liq uor sto re inc luding ad d itional tenant s pace and s ite improvements. In addition, there were s ix alternates that were inc luded in the bid s pecific ations : Alternate No . 1 – F uture Tenant S pac e p ro vides the c o s t to delete the cons tructio n of the 3,582 fo o t additional F uture Tenant S pac e and revis e the location of the ris er utility room to the liquor s tore footprint. Alternate No . 2 – P o lis hed C oncrete F inis h Level provid es the c o s t of p o lis hed c o nc rete flo o rs fro m glo s s to low s heen. Alternate No. 3 – Mo torized R oller S had es p ro vides the cost to provid e mo torized roller s had es at wes t facing windows with daylite sens or and remote c ontrol. Alternate No. 4 – S tained C onc rete provides the c os t to add stain to polis hed concrete floor finish. Alternate No. 5 – Delete C ash Wrap C as ework provid es the cost to delete the c as h wrap c as ewo rk and countertops. Alternate No. 6 – R evis e Elec trified Door Hardware p ro vides the c o s t to replac e electro nic lo cks ets with non- electronic loc ksets with similar functions and electric s trikes . T he C ity C ounc il held a work session o n June 10, 2019 to dis c us s Alternate No . 1 – F uture Tenant S pace. At that wo rk session the C ity C o unc il indic ated a preference build the additio nal 3,582 s q uare foot b uilding s hell. Additionally, the C ity C ouncil directed staff to further explore leasing and s ale options of the additional spac e. T hirteen bids were received and results are tabulated below: Lee’s C eramic s was the ap p arent lo w bidder at the time of the bid o p ening, however their b id s ubmittal did not inc lude the b id alternates. It was apparent that the s ubmittal was fo r only a p o rtion of the projec t. After contac ted Lee’s C eramic s subs equently withdrew their bid. T he es timated projec t c o s t for the c onstruc tion o f a Municipal Liquor S to re and Additio nal Tenant S p ace was $2,660,000. T he lo wes t res pons ib le bas e b id of $2,219,000 was sub mitted by B2 Build ers , L L C of Bloomington, Minnes ota. B2 Builders has the experience, eq uipment and c ap acity to qualify as the lowes t res ponsible bidder for the projec t. T he o wner was p revious ly a p ro ject manager with a c o nstruc tion company that built six other buildings at S hingle C reek C ros s ing. Based o n the presc rib ed bidding guid elines, the C ity may acc ep t and award the c o ntract bas ed o n any combination of the base b id and /or alternate b id items, whic h b es t s erves the interests of the C ity. S taff’s recommendation is to award the p ro jec t to B2 Builders , L L C based o n the lo west bas e bid o f $2,219,000, and reject all alternates. However, s taff would like to further p ursue Alternate #3 – Motorized R o ller S had es whic h provides a c o nvenient way to p ro tec t product from direc t s unlight d amage and Alternate No . 4 – S tained C onc rete to enhanc e the appearance of the s tore. If the C ity moves fo rward with these items, they will be either coordinated with the contrac tor and ad d ed as a change o rd er o r completed und er a s ep arate contrac t with a different vendor. T he C ity intends to review the propos ed Alternate #3 – Motorized R oller S hades more in depth with the s ubc o ntrac to r b efo re agreeing to an amo unt, the wo rd ing of the alternate req ues t may have been c o nfus ing to bidders who m may have pric ed the alternate as “p er window s ec tion”, o f whic h there are eight (8) window sec tions . T he total c os t of these two alternates will not exc eed $27,520. S taff is als o c urrently in the p ro ces s o f rec eiving bids fo r the beer cave and s tore s helving. T hese items were budgeted and bid s ep arately fro m the c o nstruc tion of the building. T he bid opening will oc cur on June 27, 2019 and will be presented to C ity C ounc il fo r award in July. S taff anticipates the c o s t fo r these items will be approximately $210,000. Budget Issues: T he low bid amount of $2,219,000 is 17 percent under the es timated c onstruc tion c os t of $2,660,000. T he total estimated budget inc luding land acquis ition, contingencies, furnishings , des ign, administration, engineering, legal and financing was $4,040,000 and is amend ed to $3,608,000 (s ee attac hed R esolution – C os ts and R evenues tables). T he o verall p ro ject cost reflec ts a 10.7 perc ent dec reas e to the originally es timated amount. S trategic Priorities and Values: S afe, S ecure, S table C ommunity AT TAC HME N T S: Desc ription Upload Date Type R esolution Awarding Munic ipal Liquor S tore C ons truction C ontrac t 6/14/2019 R es olution Letter Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE CONSTRUCTION OF A MUNICIPAL LIQUOR STORE WHEREAS, pursuant to an advertisement for bids for the Construction of a Municipal Liquor Store, thirteen bids were received, opened and tabulated by the City Finance Director on the 4 th day of June 2019. Said bids were as follows: WHEREAS, it appears that Lee’s Ceramics of Shakopee, Minnesota was the lowest bidder but has withdrawn their bid; and WHEREAS, it appears that B2 Builders of Bloomington, Minnesota is the lowest responsible bidder; and Alternate #1 Alternate #2 Alternate #3 Alternate #4 Alternate #5 Alternate #6 Bidder Base Bid Building Addition Polished Conc. Finish Motorized Roller Shades Stained Concrete Delete Cash Wrap Casework Revise Electrified Door Hdre 1 B2 Builders 1 2,219,000 (318,000) (1,340) 23,400 4,120 (17,960) (400) 2 Bradbury Stamm Construction 6 2,480,000 (239,000) (1,500) 2,680 2,750 (16,000) 2,260 3 CoBeck Construction 10 2,861,540 (255,100) (1,340) 5,900 6,650 (17,890) 2,700 4 Dering Pierson 11 2,894,000 (260,000) (3,500) 3,360 5,220 (14,390) (1,050) 5 Donlar Construction 9 2,669,000 (200,000) (1,000) 2,800 5,050 (19,000) 2,300 6 Ebert Construction 5 2,320,000 (196,600) (1,900) 2,700 4,000 (14,000) 2,250 7 Jorgenson Construction 7 2,568,000 (166,000) (1,500) 2,700 2,800 (14,000) (400) 8 Klar Dig 3 2,297,000 (132,662) (1,925) 5,693 4,024 (19,600) 3,327 9 Rochon 2 2,295,000 (242,000) (1,300) 2,300 4,300 (14,500) (400) 10 Shaw-Lundquist 12 2,984,000 (231,000) (1,400) 5,200 2,800 (18,000) (400) 11 Versacon, Inc. 4 2,299,000 (270,000) (1,400) 5,300 4,000 (19,000) 2,300 12 Weber, Inc. 8 2,593,000 (233,000) (1,140) 28,000 4,100 (15,200) (350) 13 Lee's Ceramics Inc.* N/A 16,690 N/A N/A N/A N/A N/A N/A *Lee's Ceramics Inc. has withdrew bid. R A N K RESOLUTION NO. _______________ WHEREAS, the City reasonably expects to spend monies from the Municipal Liquor fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax exempt bonds, the debt service of which is expected to be paid from property taxes or municipal liquor operation revenues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with B2 Builders of Bloomington, Minnesota, in the name of the City of Brooklyn Center for the Construction of a Municipal Liquor Store, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Finance Director. 2. The estimated project costs and revenues are as follows: COSTS Estimated per Low Bid Construction Contract $2,660,000 $2,219,000 Property Acquisition $705,000 $690,000 Professional Services $115,000 $130,000 Shelving/Beer Cave/Furnishings $240,000 $240,000 Signage $15,000 $15,000 Fiber Optic Line $50,000 $50,000 IT/Phones/Security Cameras $70,000 $70,000 Financing/Issuance Costs $35,000 $44,000 Contingency $150,000 $150,000 Total Estimated Project Cost $4,040,000 $3,608,000 REVENUES Estimated per Low Bid EDA Lease Revenue Bonds $2,500,000 $2,618,000 Unidentified Funding Source – Additional Tenant Space $550,000 $ - Developer Contribution (Site Imp.) $90,000 $90,000 Liquor Fund (cash) $900,000 $900,000 Total Estimated Project Cost $4,040,000 $3,608,000 RESOLUTION NO. _______________ 3. This resolution is intended to constitute official intent, for purposes of Treasury Regulations Section 1.150-2(d) and any successor law, regulation, or ruling, to issue taxable or tax exempt reimbursement bonds, in an amount not to exceed $4 million, to finance the acquisition, construction and equipping of the property described above and a municipal liquor store to be located thereon. This resolution will be modified to the extent required or permitted by Treasury Regulations or any successor law, regulation, or ruling. June 24, 2019 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. COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:Doran M C ote F R O M:Doran M. C ote, Direc tor of P ublic Works S UBJ EC T:R esolution Acc epting Bid and Awarding a C ontract, Improvement P rojec t Nos . 2018-08 and 2019-05, Bellvue and S outheas t Area Mill and O verlay Improvements Requested Council Action: - M otion to a p p rove the resolution accepting the lowest resp onsible bid and a ward a con tra ct to Asphalt S urface Technolog ies C orporation for Improvemen t P roject N os. 2 0 1 8 -0 8 and 2019-05, B ellvu e and S outheast Area M ill and O verlay Improvements Background: Bids for the Bellvue and S o utheast Area Mill and O verlay Imp ro vements , P rojec t No s . 2018-08 and 2019-05, were received and opened on June 14, 2019. T he bidding res ults are tabulated below: B ID D E R TO TAL B AS E B ID Asphalt S urface Technologies Corp. $2,472,409.89 C .S . Mc C rossan C ons truction, Inc . $2,894,052.45 G MH As phalt C orporation $3,313,822.40 O f the three (3) bids rec eived, the lowest bid of $2,472,409.89 was submitted by As phalt S urface Tec hnologies C orporation (a/k/a AS T EC H C o rp .) of S aint C lo ud, Minnesota. AS T EC H C o rp . has the experienc e, equipment and capac ity to qualify as the lowest respons ible bidder for the project. Budget Issues: T he bid amount of $2,472,409.89 is within the 2019 budgeted amount. T he total es timated budget inc luding contingencies, adminis tratio n, engineering and legal was $4,961,000 and is amend ed to $3,293,809.89 (see attached R esolution – C osts and R evenues tables). T he overall projec t c o s t reflec ts a 33.6 perc ent dec reas e to the originally budgeted amount. Budget Issues: T he bid amount of $2,472,409.89 is within the 2019 budgeted amount. T he total es timated budget inc luding contingencies, adminis tratio n, engineering and legal was $4,961,000 and is amend ed to $3,293,809.89 (see attached R esolution – C osts and R evenues tables). T he overall projec t c o s t reflec ts a 33.6 perc ent dec reas e to the originally budgeted amount. S trategic Priorities and Values: Key Transportation Inves tments AT TAC HME N T S: Desc ription Upload Date Type R esolution 6/17/2019 C over Memo Loc ation Map 6/17/2019 C over Memo Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2018-08 AND 2019-05, BELLVUE AND SOUTHEAST AREA MILL AND OVERLAY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2018-08 and 2019-05, bids were received, opened and tabulated by the City Clerk and Engineer on the 14th day of June, 2019. Said bids were as follows: Bidder Total Base Bid Asphalt Surface Technologies Corp. $2,472,409.89 C.S. McCrossan Construction, Inc. $2,894,052.45 GMH Asphalt Corporation $3,313,822.40 WHEREAS, it appears that Asphalt Surface Technologies Corporation (a/k/a ASTECH Corp.) of Saint Cloud, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Asphalt Surface Technologies Corporation (a/k/a ASTECH Corp.) of Saint Cloud, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2018-08 and 2019-05, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: Amended COSTS Estimated per Low Bid Contract $ 3,922,600.00 $ 2,472,409.89 Contingency $ 588,000.00 $ 371,000.00 Subtotal Construction Cost $ 4,510,600.00 $ 2,843,409.89 Admin/Legal/Engr. $ 450,400.00 $ 450,400.00 Total Estimated Project Cost $ 4,961,000.00 $ 3,293,809.89 RESOLUTION NO. _______________ Amended REVENUES Estimated per Low Bid Street Assessment $ 911,379.74 $ 911,379.74 Sanitary Sewer Utility $ 180,000.00 $ 108,524.50 Water Utility Fund $ 411,000.00 $ 544,670.40 Storm Drainage Utility Fund $ 980,000.00 $ 485,658.25 Street Reconstruction Fund $ 2,228,620.26 $ 993,247.00 Municipal Sate Aid (MSA) $ 250,000.00 $ 250,000.00 Miscellaneous (plan sales) $ -0- $ 330.00 Total Estimated Revenue $ 4,961,000.00 $ 3,293,809.89 June 24, 2019 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. §¨¦94 H U M B O L D T A V E N F R E M O N T A V E N E M E R S O N A V E N D U P O N T A V E N K N O X A V E N 55TH AVE N 54TH AVE N A L D R I C H A V E N C A M D E N A V E N BROOKLYN CENTER MINNEAPOLIS 4 T H S T N L Y N D A L E A V E N 55TH AV E N G I R A R D A V E N B R Y A N T A V E N C O L F A X A V E N BELLVUE LN N I R V I N G A V E N J A M E S A V E N 56TH AVE N 53RD AVE N 57TH AVE N Pro ject AreaBellvue and Sou th east Area Mill and Overlay ÜFigure 1 COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Joe Hartmann, Interim As s ociate P lanner S UBJ EC T:R esolution R egarding Disposition of P lanning C ommis s ion Applic ation No. 2019-008 F or Approval of a P reliminary And F inal P lat And P lanned Unit Development for Eastbrook Estates S econd Addition Requested Council Action: - (i) M otion to adop t a resolu tion to a p p rove P la n n ing C ommission Ap p lica tion N o. 2 0 1 9 -0 0 8 for a P reliminary and F in a l P la t a n d P la n n ed U n it D evelop men t for E astbrook E sta tes S econd Ad d ition , based on the findings of fact and the submitted plans, as amended by the conditions of approval in the resolution - (ii) M otion to approve a first rea d ing of a n ordinance amendin g C hapter 35 of the Z oning C ode of O rdinances reg a rd ing th e zon ing cla ssification of E astbrook E states S econd Addition, a n d set the second reading and public hearing for July 8, 2019 Background: C entra Homes (“T he Applic ant”) is requesting preliminary and final plat and planned unit development (P UD) approval for a s ubdivis ion of property which is owned, in part, by the C ity of Brooklyn C enter's Economic Development Authority (EDA). A portion of the property under c onsideration is also currently owned by adjacent private property owners . T he c ombined 7.55 ac re site (“S ubjec t P roperties”) is loc ated just south of 69th Ave N and wes t of Highway 252. T he proposal inc ludes a reques t to allow 30 new s ingle family lots and related stormwater, roadways, and utility improvements. As part of the projec t, the applicant propos es to c onstruc t 30 single family owner-occ upied homes on the subject property. T his project proposes new public streets in the F irehouse neighborhood in an undeveloped area on lots owned by multiple parties. C amden Avenue N. and 5th S treet N. would be extended to the north to a new 68th Lane N., which will connect to Aldrich Avenue N. B ackground In November 2018, the E D A received proposals to develop the E D A-owned portion of the property from three different development firms. Centra H omes was selected as the preferred developer. C entra Homes had submitted two alternative development options for the E D A to consider. Option A provided for more lots, but on smaller parcels which would require allowances from the C ity C ode. O ption B provided for slightly larger lots, but fewer homes. I n both options the houses would be predominantly two-story, “move-up”, for-sale homes valued between $315,000 and $350,000. O ption A allowed C entra Homes to offer a higher purchase price to the E D A for the land. T he E D A determined that because mid-priced, “move-up”, owner-occupied homes represent a gap in Brooklyn C enter ’s housing stock, O ption A, which would allow for more units, was the preferred option. O n D ecember 10, 2018, the Economic Development Authority (E D A) approved a P reliminary D evelopment Agreement (P D A) with Centra H omes, L L C (City Council R esolution No. 2018-17) for the proposed development of land owned by the E D A for the creation of a final plat, construction of single family homes and associated public infrastructure improvements including utilities, new roads, and storm water ponding. O n June 13, 2019, the P lanning C ommission considered the application which is in substantial conformance with the layout and concept presented to the E D A by the Applicant. T he P lanning Commission reviewed the application and held a public hearing. A planning staff report was presented, which is attached to this report. N otice was mailed to the applicant and adjacent property owners as required by Section 35-210 of the City Code. P ublic notice was also published in the S un Post; however, the notice was published two days short of the ten day public hearing notice requirement, as is required by state statute. T he P lanning Commission held a public hearing nonetheless since notice was still published and mailed notices had been sent out. I n order to fully comply with state notification requirements, a second public hearing was duly noticed in the S un Post for the J une 24, 2019, City Council meeting, and mailed notices were sent out a second time to adjacent property owners. F our p eo p le spoke at the p ublic hearing. Two expressed q uestio ns regarding the need fo r this typ e of housing and as ked whether a market study had b een d o ne. A ques tion was rais ed as to where the ro ad s wo uld c onnect. Two res idents , a coup le, spoke in favor of the p ro jec t and exp res s ed an o p inion that it wo uld benefit the area and inc reas e property values . T he d eveloper indic ated that they had no t d o ne a market study, but that their experience with s imilar produc ts in s imilar markets was extensive and ind icated that this product was in high demand. After c lo s e of the pub lic hearing the P lanning C o mmis s io n deliberated on the p ro ject. T he P lanning C ommis s ion expres s ed that this projec t was in keep ing with the c ity's comprehensive p lan and the goals identified in it. T he P lanning C ommis s ion C hair expressed his concern regarding the c o nditio n of approval which requires the s tromwater p o nd to be maintained b y the private property o wners via a home owners as s ociation o r res tric tive c o venants . He expressed the o p inion that the C ity wo uld end up having to maintain it ultimately and that go ing after future p ro p erty o wners to maintain the pond would b e d ifficult and time cons uming. He also expressed concern o ver the reduced fro nt yard s etbac ks and whether that would contribute to ons ite p arking vio lations . Dis cus s io n ensued , and the P lanning C ommission voted (6-0) to recommend ap p ro val of the P lanning C o mmis s io n Applic ation No , 2019-008, with all o f the cond itions of approval as stated in the staff report. Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: Targeted R edevelopment AT TAC HME N T S: Desc ription Upload Date Type June 13, 2019, P lanning C ommission R eport 6/18/2019 Bac kup Material R esolution 6/19/2019 R es olution Letter O rdinance 6/19/2019 O rdinanc e App. No. 2019-008 PC 06/13/2019 Page 1 Planning Commission Report Meeting Date: May 16, 2019 Application No. 2019-008 Applicant: Centra Homes Location: Generally south of 69th Avenue North, west of Highway 252, north of 68th Avenue North, and east of Aldrich Avenue North Request: Preliminary and final plat and Planned Unit Development (PUD) approval for a subdivision of land to allow 30 new single family lots and related roadway, stormwater, and utility improvements. Requested Action Centra Homes (“The Applicant”) is requesting preliminary and final plat approval for a subdivision of the currently un-platted parcels (“Subject Properties”) located just south of 69th Ave N and west of Highway 252 and a Planned Unit Development to allow 30 new single family lots and related stormwater, roadway, and utility improvements. As part of the project, the applicant proposes to construct 30 single family owner-occupied homes on the subject property. Background On December 10, 2018, the Economic Development Authority (EDA) adopted a resolution approving a Preliminary Development Agreement (PDA) with Centra Homes, LLC (City Council Resolution No. 2018- 17) for the proposed development of land owned by the EDA for the creation of a final plat, construction of single family homes and associated public infrastructure improvements including utilities, new roads, and storm water ponding. The EDA had previously received proposals to develop the property from three various firms. Centra Homes was selected as the preferred developer. Centra Homes had submitted two alternative development options for the EDA to consider. Option A provided for more lots, but on smaller lots which would require allowances from the City Code. Option B provided for slightly larger lots, but fewer homes. In both options the houses would be predominantly two-story, “move-up”, for-sale homes valued between $315,000 and $350,000. Option A allowed Centra Homes to offer a higher purchase price to the EDA for the land. The EDA determined that because mid-priced, “move-up”, owner- occupied homes represent a gap in Brooklyn Center’s housing stock, Option A, which would allow for more units, was the preferred option. This site proposes new public streets in the Firehouse neighborhood in an undeveloped area on lots owned by multiple parties. Camden Avenue N. and 5th Street N. will be extended to the north to a new 68th Lane N., which will connect to Aldrich Avenue N. Exhibit A includes a project narrative and plans. • Application Filed: 05/13/2019 • Review Period (60-day) Deadline: 07/12/2019 • Extension Declared: N/A • Extended Review Period Deadline: N/A App. No. 2019-008 PC 06/13/2019 Page 2 Hennepin County GIS. Joe Hartmann. Retrieved June 7th, 2019. As part of the application, a public hearing notice was published in the Brooklyn Center Sun Post and notices were mailed to owners of property within 350’ of the site (Exhibit B). As of the date of this report, the City has not received any comments from the public about this proposal. Site Data: 2040 Land Use Plan: Low-Density Residential Neighborhood: Firehouse Current Zoning: R-1 (Single Family Residence) Site Area: 7.55 acres Surrounding Area: Direction 2040 Land Use Plan Zoning Existing Land Use North High-Density Residential R-4 Multi-Family Housing Apartments South Low-Density Residential R-1 (One Family Residence) SF Detached East Right-of-Way Right-of-Way (State Highway) Major Highway West Low-Density Residential R-1 (One Family Residence) SF Detached Comprehensive Plan The 2040 Comprehensive Plan guides this property as Low Density Residential, which is defined as densities ranging from 3-5 dwelling units per acre. The proposed project has a density of 3.97 units per acre, which is consistent with the development pattern of the surrounding single family neighborhoods. The 2040 Comprehensive Plan also identifies the following Housing and Neighborhood Goals: • Promote a diverse housing stock that provides safe, stable, and accessibly housing options to all of Brooklyn Center’s residents. App. No. 2019-008 PC 06/13/2019 Page 3 • Recognize and identify ways to match Brooklyn Center’s housing with the City’s changing demographics. The 2040 Comprehensive Plan identifies a growing number of young families in Brooklyn Center; however, the Plan also identifies a lack of diversity in the single-family housing stock, with limited move- up housing options as families grow. The 2040 Comprehensive Plan identifies a need for more diverse housing options which would allow families to stay in Brooklyn Center and find varying housing options as their housing needs change. The proposed project would provide a housing type that would fulfill a segment of this gap. Zoning The Applicant submitted site plans for review as part of their proposal, along with stormwater management, utility, grading, drainage, and elevation plans. Staff reviewed the plans that were submitted and have provided comments for this report, below. Planned Unit Development The site is currently zoned R1 (One Family Residence). The Applicant is requesting the property be rezoned to a Planned Unit Development (PUD). PUDs grant flexibility within the zoning code to allow for developments which would not be allowed under the existing regulations. PUDs are often used to achieve a higher quality development, or achieve other City goals, in exchange for zoning flexibility from the City Code. The setbacks requested by the application are generally smaller than what is allowed by the code for R1- zoned properties. The PUD proposal is consistent with the 2040 Comprehensive Plan and would align with the City’s strategic goal of Targeted Redevelopment by providing a type of mid-market housing that would fill a need in the community for “move-up” housing stock. The type of product proposed within this development would feature 3 and 4-bedroom units at a mid-market price point, with an average sale price of $332,000. Site Design Initially, four new multi-Level homes will front the existing 69th Ave on the north side of the project area. The reason for this design is to blend in better with neighboring homes. Twenty-six two-story slab- on-grade homes will be created for the interior of the site. Each floorplan will have multiple exterior elevations and several color packages to provide variety to the neighborhood and streetscape. The Applicant indicates that all homes will have exterior stone, vinyl siding, board and batten or shakes, and 30-year shingles. Homes will feature tuck-under garages in lieu of detached units. Both housing types have multiple floor plan options to accommodate varying market demands. App. No. 2019-008 PC 06/13/2019 Page 4 Godden/ Sudik Architects. Joe Hartmann. Retrieved June7th, 2019. Setbacks The Applicant maintains that the proposed setbacks and layout allows for the most efficient use of the site, and responds to the current market demands of home buyers. All setbacks in the proposal are measured from the right-of-way (ROW) which is approximately 15 feet from the curb. The chart below compares the current setback requirements with the requested standards for the proposed PUD. Current Standard Requested Flexibility Lot Area (Sq. Ft.) Two-Story 9,500 / unit (interior lot) 10,500 / unit (corner lot) 6,560 / unit (interior lot) 7,891 / unit (corner lot) Lot Width (Ft.) 75 feet 50 feet Two-Story 65 feet Multi-Level Setbacks (Ft.) Two-Story Front: 35 feet (from ROW) Back: 25 feet Side: 10 feet (interior); 5 feet (garage); 25 feet (corner) Front: 25 feet (from ROW) Back: 30 feet Side: 5 feet (interior); 15 feet (corner) Setbacks (Ft.) Multi-Level Front: 35 feet Back: 25 feet Side: 10 feet (interior); 5 feet (garage) Front: 25 feet (from ROW) Back: 25 feet Side: 10 feet (house side); 5 feet (garage) In R1 neighborhoods, the front setback is typically 35 feet and the rear setback is 25 feet. The Applicant proposes a 30-foot rear setback and a 25-foot front yard setback for the interior two-story properties. This would make the rear yards larger than the front yards. Staff finds that the side and interior setback requirements are generally consistent with existing conditions for homes in other neighborhoods within Brooklyn Center. Generally, a 10-foot setback is App. No. 2019-008 PC 06/13/2019 Page 5 required for interior lots, but in R1 neighborhoods, a detached garage is permitted within as little as 5 feet from the property line if the structure meets certain requirements under the building code. The properties in the development will feature tuck-under garages, which would comply with the fire-rating requirements under the building code that would allow them to be built with the minimum 5-foot setback The requested standard width and total lot area for the units in this subdivision proposal is generally smaller than what is allowed within an R1 zone for both interior and corner lots. Because the Applicant is requesting homes be built on lots where the properties would feature larger backyards, Staff anticipates that this would provide residents with some privacy, given the smaller lots and closer proximity between units in the subdivision. Overall, staff does not anticipate a significant negative impact of the proposed setbacks. Architectural Materials The City has no architectural standards for residential buildings, but has determined that designs proposed are consistent with other residential areas. The Applicant is proposing Covenants, Conditions, and Restrictions (CC&Rs), which would be recorded against each lot within the Subdivision. These CC&Rs outline certain uses, exterior materials, and procedures that homeowners will be required to abide by. An Architectural Control Committee will be established to help maintain the exterior features and presence of Eastbrook Estates 2nd Addition. Access and Parking Driveways will be roughly 40’ (curb to garage door), allowing adequate space for two vehicles to park. Staff finds that this is design would fit the parking needs for most households with two vehicles, but notes that throughout the City, vehicle parking on the front lawn is a common code enforcement complaint due to the fact that many households in Brooklyn Center have more than 2 cars and utilize garages for storage. According to Section 19-103.14.b, driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street. Based on review of plans, some driveways on lots within the subdivision as proposed may already exceed 50% of the front yard. Staff recommends as a condition of approval for the proposal that all properties on the development maintain a standard that the driveway shall be no wider than the garage. Landscaping All green areas on a site will be sodded except in areas where viable turf exists and is totally undisturbed by construction. The burden will be on the developer to prove at the time of a site inspection that the groundcover has been properly maintained and restored. The City does not have landscaping or tree removal standards for residential developments. The Applicant did submit a landscaping plan however as part of their application. Prior to construction, the Applicant will remove the trees currently on the development site. Upon completion of the homes, a planting schedule and landscaping plan submitted to the City indicates that 90 trees will be planted throughout the 30 single family parcels with a mix of overstory, coniferous, and ornamental varieties that Staff finds consistent with landscaping in other neighborhoods. Engineering Review: Andrew Hogg, Assistant City Engineer, reviewed plans and provided a comment memo, dated June 4th, App. No. 2019-008 PC 06/13/2019 Page 6 2019 (Exhibit C). All engineering comments must be addressed prior to the issuance of any permits for land disturbing activity. The developer will enter into a public improvement agreement which will outline the requirements for public infrastructure for the project. The developer will construct, at their expense, all roadways, stormwater, sewer connections, fire hydrants, and other utilities such as electric, water and sewer connections per City standards. The public infrastructure will be turned over to the City upon successful completion of the project. The proposed development provides two stormwater treatment features. There will be a treatment pond and an “iron infused” filtration basin. These stormwater treatment features will improve downstream stormwater quality by removing sediment and phosphorus. The outlot on the south side of the proposed subdivision would be utilized as a treatment pond that would be owned and maintained by the Homeowner’s Association (HOA). Fire Inspection/Building Review: As a condition of the approval for the proposed PUD, all properties shall be required to install gutters on each side of the building facing the side property lines. According to MN Res. Code 403.1, “lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches within the first 10 feet.” Staff finds that this may be an issue with the different times of development on future lots, providing gutters on the sides of the building and discharging them to the front or rear will eliminate sloping problems and water build up in the easement. The development of streets 68th Lane North, 5th Street North and Camden Ave North, shall have hydrants andutilities installed prior to any building permits being issued for construction of dwellings on lots located on said streets. Conditions of Approval: Staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2019-008 for the Subject Property located at the aforementioned lots: Anticipated Permitting 1. The Applicant shall apply for and receive a City Land Disturbance permit prior to commencing any grading or land clearance activities on the site. 2. The Applicant shall apply for and receive an NPDES permit from the MPCA. 3. The Applicant shall submit plans to the city for Shingle Creek Watershed District review. 4. The Applicant shall apply for and receive all applicable City building permits prior to commencing construction of any structures. 5. Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 6. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 7. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. App. No. 2019-008 PC 06/13/2019 Page 7 PUD / Site Improvement Review 8. All driveways within the development shall not exceed the width of the garage. 9. Any modifications to the submitted plans shall be reviewed by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any significant changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development as approved by the City Council. 10. Agreements: a. The Applicant shall enter into a Purchase Agreement with the Economic Development Authority of Brooklyn Center prior to the execution of the Final Plat. b. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center prior to the execution of the Final Plat. c. The Applicant shall enter into a Performance Agreement with supporting financial guarantee approved by the City shall be executed prior to the issuance of a Land Disturbance Permit for site improvements. d. The Applicant shall enter into a Construction Management Plan and Agreement, and a $5,000 escrow deposited, prior to the issuance of a Land Disturbance Permit. e. The Applicant shall enter into a Public Improvement Agreement prior to the issuance of a Land Disturbance Permit. f. The Applicant shall enter into a Utility Facilities Easement Agreement prior to the issuance of a Land Disturbance Permit. g. The Applicant shall enter into a Stormwater Easement and Maintenance Agreement prior to the City’s acceptance of any public infrastructure improvements. Engineering Review 11. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s Review memorandum, dated June 8, 2019 (Exhibit C). a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. Fire Inspector/ Building Official Review 12. Gutters shall be required to be installed on each side of the building facing the side property lines to eliminate sloping problems and water build up in the easement. 13. The development of streets 68th Lane North, 5th Street North and Camden Ave North, shall have hydrants; utilities including electric, water & sewer; and curbing and 1st wear course of paving installed prior to the issuance of building permits for dwellings on lots located on said streets. Exceptions may be granted with approval from the Building Official and Fire Inspector for lots than can be sufficiently accessed for fire protection. 14. The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. 15. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 16. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. App. No. 2019-008 PC 06/13/2019 Page 8 The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. RECOMMENDATION The findings of fact, based on the staff’s review of the submitted plans support a recommendation for approval of the application. Based on the findings and the above-noted conditions of approval, staff recommends the following motion: Motion to approve a Resolution recommending that the City Council approve Planning Commission Application 2019-008 for a Preliminary and Final Plat and Planned Unit Development for Eastbrook Estates 2nd Addition, based on the findings of fact and submitted plans as amended by the conditions of approval in the resolution. Attachments Exhibit A – Planning Commission Applications and Submitted Plans Exhibit B- Public Hearing Notice, published by Brooklyn Center Sun Post, dated May 30, 2019 Exhibit C- Review Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated June 8th, 2019 LOCATION MAP 00-ENG-118389-SHEET-COVER 0.1 PRELIMINARY SITE PLANPRELIMINARY PLATEXISTING CONDITIONSLEGENDCOVER SHEETSHEET INDEX0.10.21.11.22.1 EASTBROOK ESTATES 2ND ADDITION PRELIMINARY PLAT BROOKLYN CENTER, MINNESOTA COVER SHEET R I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro PRELIMINARY GRADING PLAN3.1 PRELIMINARY EROSION CONTROL PLAN3.2 PRELIMINARY GRADING DETAILS3.3-3.4 PRELIMINARY SANITARY SEWER4.1 & WATERMAIN PLANPRELIMINARY STORM SEWER PLAN5.1 PRELIMINARY LANDSCAPE PLANL1. PRELIMINARY STREET PROFILES6.1 00-ENG-118389-SHEET-LGND 0.2LEGEND I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro c 1 2 O F E A S T B R O O K E S T A T E S 2 N D A D D I T I O N B R O O K L Y N C E N T E R , M I N N E S O T A C E N T R A H O M E S 1 1 4 6 0 R O B I N S O N D R I V E N W 5 - 1 3 - 1 9 J M M NameReg. No.Date Revisions D a t e D e s i g n e d D r a w n 2018 Pioneer Engineering, P.A.Mendota Heights, MN 55120 2422 Enterprise Drive(651) 681-1914Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS C O O N R A P I D S , M I N N E S O T A 5 5 4 3 3 I hereby certify that this plan was prepared byme or under my direct supervision and that Iam a duly Licensed Professional Surveyorunder the laws of the State of Minnesota42299 Peter J. Hawkinson 0 0 - S U R V - 1 1 8 3 8 9 - B A S E . D W G P R E L I M I N A R Y P L A T 1 . 2 N J K 05/01/2019 ’ ’ ’ ’ ’ 00-ENG-118389-SHEET-SITE 2.1PRELIMINARY SITE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro LEGEND 00-ENG-118389-SHEET-GRAD 3.1PRELIMINARY GRADING PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro LEGEND 00-ENG-118389-SHEET-EROS 3.2PRELIMINARY EROSION CONTROL PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro · · · · · · · · 00-ENG-118389-SHEET-GRAD-DTLS 3.3GRADING DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro 00-ENG-118389-SHEET-GRAD-DTLS 3.4GRADING DETAILS I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro 00-ENG-118389-SHEET-SSWR 4.1SANITARY SEWER & WATERMIAN CONSTRUCTION PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro 00-ENG-118389-SHEET-STRM 5.1STORM SEWER CONSTRUCTION PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro 5th Street North 00-ENG-118389-SHEET-ROAD-PROF 6.1PRELIMINARY STREET PROFILES I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 12OFEASTBROOK ESTATES 2ND ADDITION BROOKLYN CENTER, MINNESOTA CENTRA HOMES 11460 ROBINSON DRIVE NW 5-13-19 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2018 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 5-13-19 COON RAPIDS, MINNESOTA 5543345831 John M. Molinaro 68TH LANE NORTH & 5TH STREET NORTH CAMDEN AVENUE NORTH c 1 O F L 1 E A S T B R O O K E S T A T E S B R O O K L Y N C E N T E R , M I N N E S O T A C E N T R A H O M E S 1 1 4 6 0 R O B I N S O N D R I V E N W L A N D S C A P E P L A N 5 - 0 9 - 2 0 1 9 T L M T L M NameReg. No.Date Revisions D a t e D e s i g n e d D r a w n 2018 Pioneer Engineering, P.A.Mendota Heights, MN 55120 2422 Enterprise Drive(651) 681-1914Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS C O O N R A P I D S , M I N N E S O T A 5 5 4 3 3 I hereby certify that this plan was prepared byme or under my direct supervision and that Iam a duly Licensed Landscape Architectunder the laws of the State of Minnesota44763 Jennifer L. Thompson 0 0 - P L A N - 1 1 8 3 8 9 - S H E E T - L A N D . D W G 5-08-2018 -Public Notice Ad Proof- Ad ID: 944551 Copy LIne: Eastbrook Estate Plat PH PO Number: Start: 06/06/19 Stop: 06/06/2019 Total Cost: $119.00 # of Lines: 86 Total Depth: 9.556 # of Inserts: 1 Ad Class: 150 Phone # (763) 691-6000 Email: publicnotice@ecm-inc.com Rep No: SE700 Date: 05/30/19 Account #: 413069 Customer: CITY OF BROOKLYN CENTER ~ Address: 6301 SHINGLE CREEK BROOKLYN CENTER Telephone: (612) 569-3440 Fax: (763) 569-3494 This is the proof of your ad scheduled to run on the dates indicated below. Please proof read carefully if changes are needed, please contact us prior to deadline at Cambridge (763) 691-6000 or email at publicnotice@ecm-inc.com Ad Proof Enlarged Publications: SP Brooklyn Ctr/Brooklyn Park Contract-Gross CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Plan- ning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, June 13th, 2019, at approximately 7:00 p.m., at Brooklyn Center City Hall, locat- ed at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. A defi- nite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Preliminary & Final Plat for proposed Eastbrook Estates Subdivision and associated Planned Unit Development PETITIONER: Tate Baxter (Cen- tra Homes) PROPERTY OWNERS: Econom- ic Development Authority of Brook- lyn Center; Outreach Six Acres, LLC; T-Mark Properties, LLC; Wal- ter Wenholz PROPERTIES NAMED IN THE PETITION BY LEGAL DESCRIP- TION: Lot 27 Auditor’s Subdivision Number 310; E 75 Ft Of W 175 Ft Of That Part Of Lot 27 Lying N Of The S 112 Ft Also That Part Of Lots 24 25 26 And 27 Said Auditors Subdivision No 310; Lot 28 Audi- tor’s Subdivision Number 310; Lot 29 Auditor’s Subdivision Number 310; Lot 30 Auditor’s Subdivision Number 310; Lot 2 Block 1 Swanco Terrace; Outlot A of Ditzler Addi- tion; Lot 2 Block 1 Eastbrook Es- tates; Lot 3 Block 1 Eastbrook Es- tates; Outlot A of Eastbrook Estates PROPERTY IDS: 3611921120031; 3611921120033; 3611921120036; 3611921120037; 3611921120038; 3611921210106; 3611921210118; 3611921210120; 3611921210121; 3611921210125 BRIEF STATEMENT OF CON- TENTS OF PETITION: The Applicant is requesting pre- liminary and final plat approval for a subdivision of the currently un-plat- ted Subject Properties located just south of 69th Ave N and west of Highway 252 and a Planned Unit Development to allow 30 new sin- gle family lots and related storm- water, roadway, and utility improve- ments. As part of the project, the applicant proposes to construct 30 single family owner-occupied homes on the subject property. Questions, comments, statements of support or objections should be directed to Interim Associate Planner Joe Hartmann at (763) 569-3315 or email to jhartmann@ci.brooklyn-center. mn.us. Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrange- ments. Respectfully, Joe Hartmann Associate Planner / Housing & Code Enforcement Inspector Published in the Sun Post June 6, 2019 944551 CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARINGTO WHOM IT MAY CONCERN:Please take notice that the Plan-ning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, June 13th, 2019, at approximately 7:00 p.m., at Brooklyn Center City Hall, locat-ed at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. A defi-nite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Preliminary & Final Plat for proposed Eastbrook Estates Subdivision and associated Planned Unit Development PETITIONER: Tate Baxter (Cen-tra Homes) PROPERTY OWNERS: Econom-ic Development Authority of Brook-lyn Center; Outreach Six Acres, LLC; T-Mark Properties, LLC; Wal-ter Wenholz PROPERTIES NAMED IN THE PETITION BY LEGAL DESCRIP-TION: Lot 27 Auditor’s Subdivision Number 310; E 75 Ft Of W 175 Ft Of That Part Of Lot 27 Lying N Of The S 112 Ft Also That Part Of Lots 24 25 26 And 27 Said Auditors Subdivision No 310; Lot 28 Audi-tor’s Subdivision Number 310; Lot 29 Auditor’s Subdivision Number 310; Lot 30 Auditor’s Subdivision Number 310; Lot 2 Block 1 Swanco Terrace; Outlot A of Ditzler Addi-tion; Lot 2 Block 1 Eastbrook Es-tates; Lot 3 Block 1 Eastbrook Es-tates; Outlot A of Eastbrook EstatesPROPERTY IDS: 3611921120031; 3611921120033; 3611921120036; 3611921120037; 3611921120038; 3611921210106; 3611921210118; 3611921210120; 3611921210121; 3611921210125BRIEF STATEMENT OF CON-TENTS OF PETITION: The Applicant is requesting pre-liminary and final plat approval for a subdivision of the currently un-plat-ted Subject Properties located just south of 69th Ave N and west of Highway 252 and a Planned Unit Development to allow 30 new sin-gle family lots and related storm-water, roadway, and utility improve-ments. As part of the project, the applicant proposes to construct 30 single family owner-occupied homes on the subject property. Questions, comments, statements of support or objections should be directed to Interim Associate Planner Joe Hartmann at (763) 569-3315 or email to jhartmann@ci.brooklyn-center.mn.us. Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrange- ments. Respectfully, Joe Hartmann Associate Planner / Housing & Code Enforcement Inspector Published in the Sun Post June 6, 2019 944551 M E M O R A N D U M DATE: TO: FROM: June 8, 2019 Joseph Hartman, Interim Associate Planner Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary Site Plan, PUD Amendment and Preliminary Plat Review – Eastbrook Estates 2nd Addition Public Works staff reviewed the following documents submitted for review for the proposed Eastbrook Estates 2nd Addition: Preliminary Plans including Preliminary Plat, dated May 13, 2019 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit. Sheets 0.1, 0.2 1.No comments. 2. Provide removals plan Sheet 1.2 – Preliminary Plat 3. What is the purpose of Outlot B? Should be combined with Block 4. 4.The rear easement for Lots 1 - 8 of Block 3 should be 15’ with a conveyance to prevent structures from being built within easement. 5.Page 1.2 – 68th Lane/5th Street Cul-de-sac encroaches onto adjacent property (doesn’t match up with written legal description) 6. Legal descriptions and easement vacation documents must be obtained for all existing easements. Existing public easements as determined by the City must be vacated, and proposed easements must be dedicated as part of the preliminary and final platting process. The formal vacation document must contain an easement vacation description and depiction exhibit signed by a professional surveyor. 7. An updated certified abstract of title or registered property report must be provided to the City Engineer and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. Sheet 1.2 – Site Plan 8. Lot 1, Block 4 encroaches on rear setback 9. Lot 5, Block 4 encroaches on rear setback 10. Pond HWL should be contained within Outlot A 11. Curb radius call out should be consistent to either face or back of curb. 12. New curbs to be extended to meet/match existing curbs (5th Street, Sta 84+) Eastbrook Estates 2nd Addition Site Plan Review Memo, June3, 2019 Sheet 3.1 – Grading Plan 13. Adjust EOF for existing Lot 2, Block 2 Eastbrook Estates (6806 Aldrich) to provide outlet for water to protect LO= 845.4. 14. LO should equal LF for SOG style pads 15. Adjust EOF for Lot 2, Block 1 due to lowering of SOG style pads. 16. Minimum rear swale grade shall be 2.0% (Block 2) 17. Grading & erosion control shown outside of property boundaries (City R/W, MnDOT R/W, Lot 28, Aud Subd 310, & Lot 1, Block 2 Eastbrook) – Developer shall be responsible to acquire any required permits or temporary easements. 18. Contours on south side of building pads for Lots 4 & 5, Block 3 show slopes of approximately 1.5:1 – 2:1. Slope should be 3:1 or less or retaining wall should be used. Sheet 3.3 - 3.4 – Grading Details 19. Temporary grading for Split Entry units show a 2’ hold down. Provide temporary drainage to ensure 48 hour Provide drainage drain/temporary grading 20. Pond should have 10’ access bench or side slopes no greater than 4:1 (MN Stormwater Manual) 21. Sand filter basin elevations are incorrect, adjust to match plan. Sheet 4.1 – Utility Plan 22. The developers shall to remove and replace the existing City water main reconnect services within the 68th Ave N right of way from Aldrich to 5th Street. City shall reimburse for temporary water service to existing residents, removal & replacement of water main and services, and reconnection to existing water main. 23. Install new gate valve at connections at 68th Ave & Aldrich 24. Add notes regarding type of connection at all water main connection locations 25. The water main connections on 5th Street is further south on 5th Street than shown, see redlines. Sheet 5.1 – Utility Plan 26. FES 170 invert elevation is incorrect 27. OCS 171 rim & build elevations are incorrect 28. Pond shall be considered labeled private on plans and maintained by HOA. Maintenance agreement between HOA and City is required. 29. All storm sewer located outside of City R/W shall be considered private and maintained by HOA. 30. Relocate sand filter drain tile to be within Outlot A and/or provide 10’ horizontal separation to water main. 31. Developer to acquire required permits from MnDOT for connection to MnDOT CBMH 32. Recommend minimum pipe size of 15” for storm sewer within public right of way. 33. CBMH 102 pipe angle may require oversized structure, verify size of structure. 34. Provide drain tile & cleanout for sand filter elevation information. Drain tile to have a minimum 1.0% slope. 35. Add additional pavement underdrains wherever 12” granular subbase is installed Eastbrook Estates 2nd Addition Site Plan Review Memo, June3, 2019 36. Line weight/type of pipe between CBMH 141 & CBMH 142 is incorrect. Show as proposed pipe. 37. Confirm elevation, review grading and/or provide curb cut to eliminate CB 180 38. Provide information on valve on the sand filter drain tile line and why is it needed? 39. Install erosion protection for sand-filter media at FES 160 40. Check pipe crossing conflict with water main at CBMH 103 41. CBMH 151 – CB 152 pipe slopes & inverts are inconsistent 42. Pipe from OCS 171 to STMH 212 shall be sloped to provide min 3 fps velocity (self-cleaning). 43. Review existing storm pipe in Block 4, Lot 2. How will drainage from this existing pipe flow after reconstruction. 44. Check existing invert storm structure 212 Sheet 6.1 – Street Profiles 45. Vertical curves to meet MnDOT requirements – Min 90’ vertical curve. Sheet L1 – Landscape 46. Relocate replacement trees to outside of City R/W (south of pond) 47. Recommend additional trees/screening along MnDOT R/W (Block 4) 48. Do not recommend planting trees near sand filter due to potential contamination of the filter media General Comments 49. See attached redlines 50. The applicant is responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, CenturyLink Communications and other private utility companies. Any further easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 51. Upon project completion the applicant must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 52. Inspection for the private site improvements must be performed by the developer’s design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer’s immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as-built drawings (which are separate from the as-built survey). 53. The total disturbed area exceeds one acre, an NPDES permit is required. In addition, the total disturbed area is less than 15 acres for detached single –family residential; applicant must submit plans to the city for Shingle Creek Watershed Commission project review. Applicant meets requirements of the watershed’s rules. Eastbrook Estates 2nd Addition Site Plan Review Memo, June3, 2019 54. The City has submitted the plans to Minnesota Department of Transportation (Mn/DOT) for review. Applicant must meet requirements from the Mn/DOT review. 55. Utility Facilities Easement Agreement is required. Prior to Issuance of a Land Alteration 56. Public improvements are required as part of the approval of this project. The development agreement must include provisions by the applicant to develop, design and construct all public roadway, streetscape and utility improvements on site and as required, all subject to the requirements and approval of the City. The following must also be submitted for City staff review and approval: • Qualifications of the design engineer must be presented to and approved by the City Engineer. Final plans must be approved by the City Engineer and other jurisdictional authorities as required. • A signed agreement with the City to guarantee that the developer will complete all public improvements to meet all City requirements. • A letter of credit or cash escrow in the amount of 125 percent of a bid cost or 150 percent of an estimated cost of the improvements. • Inspection of the public improvements must be performed by a certified inspector. • The City will only reduce or release the letter of credit or cash escrow for the public improvements upon receipt of as-built drawings and a letter certifying that the streets and utilities have been completed according to the plans approved by the City • Upon project completion, the design/project engineer must provide a final topography as- built survey, as-built record drawings of all public improvements and formally certify through a letter that the project was built in conformance with the approved plans. Inspection of the public improvements must be performed by a certified inspector or under the design/project engineer’s immediate and direct supervision. The engineer must be certified in the State of Minnesota and must certify all required as-built drawings as determined by the City Engineer. 57. Final construction/demolition plans and specifications need to be received and approved by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan and/or as amended, as required by the City Engineer. 58. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions, traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions, tree protection provisions, general public welfare and safety provisions, definition of responsibility p rovisions, temporary parking provisions, overall site condition provisions and non-compliance provisions. A separate $5,000 deposit will be required as part of the non-compliance provision. Anticipated Permitting 59. A City Land Disturbance permit is required. 60. A MPCA NPDES permit is required. 61. Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. Eastbrook Estates 2nd Addition Site Plan Review Memo, June3, 2019 62. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 63. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined b y the City. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-008 FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD-R1 PLANNED UNIT DEVELOPMENT – ONE FAMILY RESIDENCE AND PRELIMINARY/ FINAL PLAT APPROVAL FOR A SUBVISION OF THE SUBJECT PROPERTIES. WHEREAS, Planning Commission Application No. 2019-008 submitted by Centra Homes (the “Applicant”) requests review and consideration for a preliminary/final plat approval and Planned Unit Development (PUD) for the parcels located just south of 69th Ave N and west of Highway 252 and legally described in the attached Exhibit A (“Subject Properties”); and WHEREAS, the Applicant proposes to replat the Subject Properties as EASTBROOK ESTATES 2 ND ADDITION, as shown the plat attached hereto as Exhibit B, with 30 single-family lots and to construct certain public improvements on this approximately 7.55 acre site. WHEREAS, the Planning Commission held a public hearing on the requested approvals on June 13 th , 2019, heard from the Applicant and the members of the public who wished to speak to this matter, and voted to forward the application to the City Council with a recommendation that it be approved with certain conditions; and WHEREAS, the City Council, at its June 24 th , 2019 meeting, conducted a public hearing, considered the Planning Commission’s recommendation, the Planning Commission Report dated June 13, 2019, the Planner’s report made to the City Council, the goals and objectives of the City's Comprehensive Plan, and the applicable criteria and standards within the City Code related to the requested approvals; and WHEREAS, the City Council determines the proposed development satisfies the requirements of the City Code, provided the Applicant complies with the conditions contained in this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brooklyn Center, Minnesota does hereby approve Planning Commission Application No. 2019-008, as submitted by Centra Homes LLC, for a preliminary/final plat approval and Planned Unit Development (PUD) for the Subject Properties based on the findings of fact, submitted plans, and the record of this matter, conditioned upon the approval and final adoption of an ordinance rezoning the Subject Properties, and provided the Applicant complies with all of the following conditions: RESOLUTION NO. Anticipated Permitting 1. The Applicant shall apply for and receive a City Land Disturbance permit prior to commencing any grading or land clearance activities on the site. 2. The Applicant shall apply for and receive an NPDES permit from the MPCA. 3. The Applicant shall submit plans to the city for Shingle Creek Watershed District review. 4. The Applicant shall apply for and receive all applicable City building permits prior to commencing construction of any structures. 5. Other permits not listed may be required and is the responsibility of the developer to obtain and warrant. 6. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 7. A preconstruction conference must be scheduled and held with City staff and other entities designated by the City. PUD / Site Improvement Review 8. All driveways within the development shall not exceed the width of the garage. 9. Any modifications to the submitted plans shall be reviewed by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. a. Any significant changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development as approved by the City Council. 10. Agreements: a. The Applicant shall enter into a Purchase Agreement with the Economic Development Authority of Brooklyn Center prior to the execution of the Final Plat. b. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center prior to the execution of the Final Plat. c. The Applicant shall enter into a Performance Agreement with supporting financial guarantee approved by the City shall be executed prior to the issuance of a Land Disturbance Permit for site improvements. d. The Applicant shall enter into a Construction Management Plan and Agreement, and a $5,000 escrow deposited, prior to the issuance of a Land Disturbance Permit. e. The Applicant shall enter into a Public Improvement Agreement prior to the issuance of a Land Disturbance Permit. f. The Applicant shall enter into a Utility Facilities Easement Agreement prior to the issuance of a Land Disturbance Permit. g. The Applicant shall enter into a Stormwater Easement and Maintenance Agreement prior to the City’s acceptance of any public infrastructure improvements. Some of the agreements listed above may be combined into a single agreement as the City Attorney may determine is appropriate. RESOLUTION NO. Engineering Review 11. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer’s Review memorandum, dated June 8, 2019 (Exhibit C). a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. Fire Inspector/ Building Official Review 12. Gutters shall be required to be installed on each side of the building facing the side property lines to eliminate sloping problems and water build up in the easement. 13. Development of properties on 68th Lane N, 5th Street N and Camden Avenue N, must be built on established street within 300 feet of installed or existing hydrant. Exceptions may be granted with approval from the Building Official and Fire Inspector for lots than can be sufficiently accessed for fire protection. 14. Development shall have all electric, water, sewer, and curbing installed prior to the issuance of certificates of occupancy. 15. The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. 16. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 17. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. BE IT FINALLY RESOLVED, that City Council hereby: (1) directs staff to prepare all agreements required of the conditions of approval, subject to the approval of the City Attorney; (2) authorizes the Mayor and City Manager to execute such agreements on behalf of the City; and (3) authorizes City staff to take such other actions and to execute such documents as may be needed to carry out the intent of this Resolution. June 24 th , 2019 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: RESOLUTION NO. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. EXHIBIT A Legal Description of Subject Properties RESOLUTION NO. EXHIBIT B Plat [attached hereto] 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of July, 2019, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land located within Eastbrook Estates Second Addition. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. 2019-__ AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF LAND LOCATED GENERALLY WEST OF HIGHWAY 252, SOUTH OF 69 TH AVENUE NORTH, NORTH OF 68 TH AVENUE NORTH, AND EAST OF ALDRICH AVENUE NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Rezoning. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following property is hereby established as being within a (PUD) Planned Unit Development District Zoning Classification: 11. The following properties are designated as PUD/R-1 (Planned Unit Development/Single Family Residential): Eastbrook Estates Second Addition, Lots 1 through 12, Block 1. Eastbrook Estates Second Addition, Lots 1 through 5, Block 2. Eastbrook Estates Second Addition, Lots 1 through 8, Block 3. Eastbrook Estates Second Addition, Lots 1 through 5, Block 4. Eastbrook Estates Second Addition, Outlot A. Section 2. Effective Date. This ordinance shall become effective after adoption and upon thirty days following this ordinance’s legal publication. 2 Adopted this day of , 2019. _____________________________ Mayor ATTEST: City Clerk Date of Publication Effective Date (Note: (Strikeout text indicates matter to be delete, while underline indicates new matter. COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Tim G annon, C hief of P olic e S UBJ EC T:R esolution Approving the S tate of Minnes ota Joint P owers Agreement with the C ity of Brooklyn C enter on Behalf of its P olic e Department R egarding the Minnesota Internet C rimes Against C hildren Task F orc e (I C AC ) Requested Council Action: - M otion to approve the renewal of the Joint P owers Agreement (JPA) between the B rooklyn C enter P olice D epartment and the S tate of M N to combat internet related crimes against children Background: O n S eptember 16, 2013, the Minnes ota Department of P ublic S afety rec eived a grant award of $347,101 from the O ffice of Jus tic e P rograms for funding to address internet c rimes against c hildren. In May of 2014, the Minnesota Department of P ublic S afety identified the Brooklyn C enter P olice department as a law enforcement agency with staff who had demonstrated advanced s kills in fighting internet related c rimes against c hildren. T he S tate followed that recognition with an invitation to join their Internet C rimes Against C hildren Task F orc e (I C AC ). T here are IC AC tas k forc es in every state in the US and all rely on the partnership s with key law enforcement agenc ies . As p art of jo ining the MN I C AC task fo rce, the Brooklyn C enter P olic e Department will rec eive advanc ed c o mp uter forens ic s o ftware and training all p aid for by a grant is s ued fro m the O ffic e of Jus tic e P rograms . T here will b e no increase in Bro o klyn C enter P olic e s taff need ed to ac commodate the requirements of this Joint P owers Agreement. Brooklyn C enter P o lice Department has been an I C AC member since 2015, this is intend ed to renew that exis ting partners hip if approved by C ounc il ac tion. Budget Issues: No budget c onsideration nec es s ary. S trategic Priorities and Values: S afe, S ecure, S table C ommunity AT TAC HME N T S: Desc ription Upload Date Type JPA for I C AC 5/28/2019 C over Memo I C AC resolution 5/28/2019 C over Memo SWIFT Contract Number: 156430 ORI: MN0270200 1 156430 2019 ICAC JPA Brooklyn Center PD STATE OF MINNESOTA JOINT POWERS AGREEMENT MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the “City of Brooklyn Center on behalf of its Police Department, 6645 Humboldt Avenue North, Brooklyn Center, MN 55430” (“Governmental Unit”). Recitals Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. The parties wish to work together to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in these activities. The Governmental Unit wants to participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a result of ongoing investigations. Agreement 1. Term of Agreement 1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to Minnesota Statutes, § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier pursuant to clause 12. 2. Purpose The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention, education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are incurred by law enforcement as a result of these investigations. 3. Standards The Governmental Unit will adhere to the ICAC Program standards identified below. 3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers. 3.2 Investigate organizations to disrupt and dismantle crimes committed against children. 3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including electronic devices. 3.4 Investigators will understand and use appropriate legal procedures in the use of informants including documentation of identity, monitoring of activities, and use and recordation of payments. SWIFT Contract Number: 156430 ORI: MN0270200 2 156430 2019 ICAC JPA Brooklyn Center PD 3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques. 3.6 Investigators must be licensed Minnesota peace officers. 3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children Program Operational and Investigative Standards. 4. Responsibilities of the Governmental Unit and the BCA 4.1 The Governmental Unit will: 4.1.1 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project Commander to assist in reimbursement deadlines. 4.1.2 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a description of the item requested for reimbursement and an explanation of how it qualifies under the required criteria in Clauses 3.1 and 3.2 and an operational plan. 4.1.3 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner. 4.1.4 Allow BCA to inform participating agencies of potential case connections based on data submitted to BCA through the ICAC Program. 4.1.5 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional local Governmental Unit funding. 4.2 The BCA will: 4.2.1 Provide a Senior Special Agent who will serve as the Commander of the Task Force. 4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business days of the reimbursement request. 4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by a Governmental Unit acting through its employees. 5. Payment 5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the BCA Authorized Representative under the required criteria for operational and investigative standards. 5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15 business days after the end of the month during which the expense is incurred. 5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form. 5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any expenses. 6. Authorized Representatives The BCA’s Authorized Representative is the following person or his successor: Name: Donald Cheung, Senior Special Agent/Commander of MN ICAC Address: Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Street East Saint Paul, MN 55106 Telephone: 651.793.7000 E-mail Address: donald.cheung@state.mn.us The Governmental Unit’s Authorized Representative is the following person or his/her successor: Name Tim Gannon Address: 6645 Humboldt Avenue North Brooklyn Center, MN 55430 Telephone: 763-503-3201 E-mail Address: tgannon@ci.brooklyn-center.mn.us If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental SWIFT Contract Number: 156430 ORI: MN0270200 3 156430 2019 ICAC JPA Brooklyn Center PD Unit must immediately notify the BCA. 7. Assignment, Amendments, Waiver, and Agreement Complete 7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement. 7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes, § 3.736, and other applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes, §§ 466.01-466.15, and other applicable law. 9. Audits Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 10. Government Data Practices The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 11. Venue The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Expiration and Termination 12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. 12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit’s Authorized Representative and terminate the Agreement. The termination will be effective two (2) business days after email notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. SWIFT Contract Number: 156430 ORI: MN0270200 4 156430 2019 ICAC JPA Brooklyn Center PD 13. Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11, Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. GOVERNMENTAL UNIT Governmental Unit certifies that the appropriate person(s) has(have) executed this Agreement on behalf of the Governmental Unit and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date By and Title: _____________________________________________________ ______________ Governmental Unit Date DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION By and Title: _____________________________________________________ ______________ (with delegated authority) Date COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: _____________________________________________________________ ______________ Date Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING THE STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (“ICAC”) WHEREAS, it has been proposed that the City on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute crimes committed against children and the criminal exploitation on children that is committed and/or facilitated by or through the use of computers; and WHEREAS, Minnesota Internet Crimes Against Children Task Force officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Minnesota Internet Crimes Against Children Task Force officers can extend the range of intelligence to better prevent internet related crime against children; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager and Police Chief, are designated as the Authorized Representatives of the Police Department be and hereby are authorized to accept and implement the proposed Minnesota Internet Crimes Against Children Task Force Joint Powers Agreement. The Authorized Representatives are also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 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. COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Tim G annon, C hief of P olic e S UBJ EC T:R esolution Approving the S tate of Minnes ota Joint P owers Agreement with the C ity of Brooklyn C enter on Behalf of its P olic e Department R egarding the Minnesota F inanc ial C rimes Task F orc e (MNF C T F ) Requested Council Action: - M otion to approve the M N F inancial C rimes Task F orce Joint P owers Agreement (J PA) with the B rooklyn C enter P olice D epartment Background: This Multiple-A gency L aw E nforcement J oint P owers A greement, and amendments and supplements thereto, (“A greement”) is between the S tate of Minnesota, acting through its C ommissioner of P ublic S afety on behalf of the B ureau of C riminal A pprehension (“S tate” or “B C A ”), empowered to enter into this A greement pursuant to Minnesota S tatutes § 471.59, subdivisions 10 and 12, and C ity of B rooklyn C enter acting on behalf of its P olice D epartment, 6645 Humboldt Ave N, B rooklyn C enter, MN 55430 (“Governmental Unit”), empowered to enter into this A greement pursuant to Minnesota S tatutes § 471.59, subdivision 10. The B rooklyn C enter P olice D epartment approves, authorizes, and enters into this A greement with the purpose of implementing a three-pronged approach to combat financial crimes: prevention, education and enforcement. Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: S afe, S ecure, S table C ommunity AT TAC HME N T S: Desc ription Upload Date Type MNF C T F 5/28/2019 C over Memo R esolution 6/19/2019 Bac kup Material SWIFT Contract Number: 155296 DPS PO # 3-59016 MNFCTF JPA_2017 STATE OF MINNESOTA FINANCIAL CRIMES TASK FORCE MULTIPLE-AGENCY LAW ENFORCEMENT JOINT POWERS AGREEMENT This Multiple-Agency Law Enforcement Joint Powers Agreement, and amendments and supplements thereto, (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension (“State” or “BCA”), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivisions 10 and 12, and City of Brooklyn Center acting on behalf of its Police Department, 6645 Humboldt Ave N, Brooklyn Center, MN 55430 (“Governmental Unit”), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivision 10. WHEREAS, the Governmental Unit wishes to participate in the Minnesota Financial Crimes Task Force (“MNFCTF”) established to investigate and prosecute identity theft and related financial crimes; NOW THEREFORE, the parties agree as follows: 1. Term 1.1 Effective Date. This Agreement is effective on the date State obtains all required signatures pursuant to Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five (5) years from the Effective Date unless terminated earlier pursuant to clause 12. 2. Purpose The Governmental Unit approves, authorizes, and enters into this Agreement with the purpose of implementing a three-pronged approach to combat financial crimes: prevention, education and enforcement . 3. Standards The Governmental Unit will adhere to the Minnesota Financial Crimes Task Force Standards identified below: 3.1 Provide and assign only licensed peace officers for services pursuant to this Agreement. 3.2 Investigate major financial crimes by organized groups or individuals related to identity theft, e.g. bank fraud, wire fraud, access device fraud, commercial fraud, retail fraud and other similar economically-related forms of fraud (as defined in Minnesota Statutes § 609.52). 3.3 Prepare an investigative plan for each case assigned which will include: the identification of witnesses and witness statements; and obtaining and analyzing appropriate bank and business records. 3.4 Prepare a case synopsis which will include witness lists and relevant evidence for presentation to state and/or federal prosecutors for prosecution. 3.5 Comply with state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures including compliance with proper legal procedures in securing evidence and, when applicable, recovery of computers. 3.6 Understand and use appropriate legal procedures in the handling of informants including documentation of identity, monitoring of activities, use and recordation of payments. SWIFT Contract Number: 155296 DPS PO # 3-59016 MNFCTF JPA_2017 3.7 Use, as appropriate, a comprehensive portfolio of investigative technologies and techniques including surveillance, covert technologies and undercover assignments. 3.8 Interview and prepare reports on the victims of financial crimes, directing those victims to appropriate public and private resources to assist them in the recovery of their identities. 3.9 Investigate cases involving cross-jurisdictional and/or organized financial crime and high value theft schemes. [Note: An assignment may require travel throughout Greater Minnesota in addition to the seven county metropolitan area as investigations expand or as assigned by the task force commander.] 4. Responsibilities of the Governmental Unit and the BCA 4.1 The Governmental Unit will: 4.1.1 Conduct investigations in accordance with provisions of the Minnesota Financial Crimes Task Force Standards, identified in clause 3 above, and conclude such investigations in a timely manner. 4.1.2 Maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded quarterly to the MNFCTF Commander, or the Commander’s designee, for statistical reporting purposes. 4.1.3 Assign one or more employees of the Governmental Unit as members to the MNFCTF. All employees of the Governmental Unit assigned as members, and while performing MNFCTF assignments, shall continue to be employed and directly supervised by the same Governmental Unit currently employing that member. All services, duties, acts or omissions performed by the MNFCTF member will be within the course and duty of the member’s employment and therefore covered by the Workers Compensation and other compensation programs of the Governmental Unit including fringe benefits. 4.1.4 Make a reasonable good faith attempt to be represented at all scheduled MNFCTF meetings in order to share information and resources among the MN FCTF members. 4.1.5 Participate fully in any audits required by the Minnesota Financial Crimes Task Force. 4.2 The parties mutually agree that any investigators assigned to the MNFCTF by the Governmental Unit will be provided an undercover vehicle and basic equipment, e.g. gun, handcuffs, vest, etc., by the Governmental Unit. 4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by a member as an employee of the Governmental Unit. 5. Reimbursement Requests and Payments 5.1 Upon the Effective Date of this Agreement, the Governmental Unit will be entitled to reimbursements in accordance with clause 5.3. 5.2 The Governmental Unit will submit a written request to the MNFCTF Commander prior to receiving a reimbursement from the BCA in accordance with clause 5.3. All requests will be submitted using the Financial Crimes Task Force Outside Agency Reimbursement form which will be provided by the BCA upon request from the Governmental Unit. 5.3 The Governmental Unit will only be reimbursed by the BCA for the following expenses which must be pre-approved by the MNFCTF Commander: 1) overtime salary including fringe benefits; 2) equipment; 3) training and training-related expenses directly incurred and relating to performance of MNFCTF assignments. 5.4 Reimbursement by the BCA to the Governmental Unit will be made until all designated member funds have been expended. 5.5 BCA shall reimburse Governmental Unit an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) during the Term of this Agreem ent. 5.6 The Governmental Unit shall submit original receipts when seeking reimbursement on pre- approved requests. Approved reimbursements will be paid directly by the BCA to the Governmental Unit within thirty (30) days after the BCA receives reimbursement request. Reimbursement to the Governmental Unit will be paid to Brooklyn Center Police Department, 6645 Humboldt Ave N, Brooklyn Center, MN 55430. SWIFT Contract Number: 155296 DPS PO # 3-59016 MNFCTF JPA_2017 6. Authorized Representatives The BCA’s Authorized Representative is the person below or his successor: Name: Scott D. Mueller, MNFCTF Commander Address: Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Street East Saint Paul, MN 55106 Telephone: 651.793.1129 E-mail Address: scott.d.mueller@state.mn.us The Governmental Unit’s Authorized Representative is the person below or his/her successor: Name: Tim Gannon, Chief Address: Brooklyn Center Police Department 6645 Humboldt Ave N Brooklyn Center, MN 55430 Telephone: 763.569.3333 E-mail Address: tgannon@ci.brooklyn-center.mn.us 7. Assignment, Amendments, Waiver, and Agreement Complete 7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement. 7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Agreement Complete. This Agreement contains all negotiations and agreem ents between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes §§ 466.01- 466.15, and other applicable law. 9. Audits Under Minnesota Statutes § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 10. Government Data Practices The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. If the Governmental Unit receives a request to release the data referred to in this clause, the SWIFT Contract Number: 155296 DPS PO # 3-59016 MNFCTF JPA_2017 Governmental Unit must immediately notify the BCA. The BCA will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 11. Venue The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12. Expiration and Termination 12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. 12.2 Upon expiration or earlier termination of this Agreement, the Governmental Unit shall provide the MNFCTF Commander, in a timely manner, all investigative equipment that was acquired with funding received under this Agreement. 13. E-Verify Certification (In accordance with Minnesota Statutes § 16C.075) For services valued in excess of $50,000, the Governmental Unit certifies that as of the date of services performed on behalf of the BCA, the Governmental Unit and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the BCA. The Governmental Unit is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with the Governmental Unit and made available to the BCA upon request. 14. Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11, Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK The State and the Governmental Unit indicate their agreement and authority to execute this Agreement by signing below. GOVERNMENTAL UNIT Governmental Unit certifies that the appropriate persons have executed this Agreement on behalf of the Governmental Unit and its jurisdictional SWIFT Contract Number: 155296 DPS PO # 3-59016 MNFCTF JPA_2017 government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. __________________________________ ____________________ By and Title: _______________________ Date Governmental Unit __________________________________ ____________________ Governmental Unit Title: Date __________________________________ ____________________ Governmental Unit Title: Date DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION ______________________________ ____________________ Superintendent Date COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement __________________________________ _____________________ By and Title: _______________________ Date STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes §§ 16A.15 and 16C.05. ____________________________________ ____________________ Date SWIFT P.O. Number: 3-59016 Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING THE STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA FINANCIAL CRIMES TASK FORCE (“MNFCTF”) WHEREAS, it has been proposed that the City on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, and Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute identity theft and related financial crimes. WHEREAS, Minnesota Financial Crimes Task Force officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Minnesota Financial Crimes Task Force can extend the range of intelligence to better prevent financial crimes; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager and Police Chief, are designated as the Authorized Representatives of the Police Department be and hereby are authorized to accept and implement the proposed Minnesota Financial Crimes Task Force Joint Powers Agreement. The Authorized Representatives are also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 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. 6/28/2019 1 REQUEST: (1)Planned Unit Development and Preliminary and Final Plat (2)1st Reading of Ordinance to Rezone to PUD/R-1 Eastbrook Estates, 2nd Addition Item 9.a June 24, 2019, City Council Meeting Joe Hartmann | Interim Associate Planner Background & Request •November 2018 – EDA received proposals from interested dvelopers to develop Eastbrook Estates •December 2018 ‐ EDA adopted PDA with Centra Homes for the  construction of 30‐32 single family homes and infrastructure including  utilities, new roads, and storm water ponding on EDA‐owned  property. •April 2019 – EDA approved a new PDA with a revised concept form  Centra Homes 2 6/28/2019 2 Site Plan 4 •Requested standard width and total lot area for units in this  subdivision would be smaller than what is allowed within R1 zone for  interior and corner lots, but staff does not anticipate negative impact  of proposed setbacks.  Current Standard  Requested Flexibility Lot Area (Sq. Ft.) Two‐Story 9,500 / unit (interior lot) 10,500 / unit (corner lot) 6,560 / unit (interior lot) 7,891 / unit (corner lot) Lot Width (Ft.)75 feet 50 feet Two‐Story 65 feet Multi‐Level Setbacks (Ft.) Two‐Story Front: 35 feet (from ROW) Back: 25 feet Side: 10 feet (interior); 5 feet (garage); 25 feet (corner) Front: 25 feet (from ROW) Back: 30 feet Side: 5 feet (interior); 15 feet (corner) Setbacks (Ft.) Multi‐Level Front: 35 feet Back: 25 feet Side: 10 feet (interior); 5 feet (garage) Front: 25 feet (from ROW) Back: 25 feet Side: 10 feet (house side); 5 feet (garage) 6/28/2019 3 Site Plan 5 •Side and interior  setback requirements  are consistent with  existing conditions for  homes in other  neighborhoods within  Brooklyn Center Architectural Materials 6 •Homes will have exterior stone, vinyl siding, board and batten or shakes,  and 30‐year shingles. Each floorplan will provide variety to neighborhood  and streetscape.  •Homes feature tuck‐under garages and driveways will be roughly 40’  measured from curb to garage door. 6/28/2019 4 7 8 Stormwater •Development provides two stormwater treatment features. There will be a  treatment pond and an “iron infused” filtration basin.  •Outlot to the south of subdivision would be utilized as treatment pond that would  be owned and maintained by the new property owners through covenants.  •Stormwater treatment features will improve downstream stormwater quality by  removing sediment and phosphorus.  •Staff is working with developer and City Attorney to address concerns raised by the  Planning Commission related to the management of the stormwater pond 6/28/2019 5 Landscaping  Plan 9 •Upon completion, 90 trees will be  planted with overstory, coniferous,  and ornamental varieties •City does not currently have tree  removal or landscaping standards  for single family residential  developments 10 Approval Conditions Engineering Review: •Compliance with City Engineer’s Memo, dated June 8, 2019.  •Developer will construct, at their expense, all roadways, stormwater, sewer connections,  fire hydrants, and other utilities such as electric, water and sewer connections per City  standards. Infrastructure will be turned over to City upon completion of project. 6/28/2019 6 11 Approval Conditions Building Official Review: •As a condition of approval for PUD, all properties shall be required to install gutters on  each side of building facing side property lines.  •Development of properties on 68th Ln N, 5th St N and Camden Ave N, must be built on  established street within 300 feet of installed or existing hydrant.  •Development shall have all electric, water, sewer, and curbing installed prior to the  issuance of certificates of occupancy.  12 Summary •The Planning Commission held a public hearing for the preliminary/final  plat and PUD amendment on June 13th.  •The Applicant was present for the hearing to answer questions, and  comments were received from the public.  •Decision: Planning Commission voted (6‐0) to recommend approval. 6/28/2019 7 13 Requested Action  Following close of public hearing: (i) Motion to adopt a resolution to approve Planning Commission Application No. 2019‐ 008 for a Preliminary and Final Plat and Planned Unit Development for Eastbrook Estates Second Addition, based on the findings of fact and the submitted plans, as  amended by the conditions of approval in the resolution   (ii) Motion to approve a first reading of an ordinance amending Chapter 35 of the  Zoning Code of Ordinances regarding the zoning classification of Eastbrook Estates  Second Addition, and set the second reading and public hearing for July 8, 2019 COU N C IL ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Tim G annon, C hief of P olic e S UBJ EC T:R esolution Approving the S tate of Minnes ota Joint P owers Agreement with the C ity of Brooklyn C enter on Behalf of its P olic e Department R egarding the Minnesota Human Traffic king Investigators Tas k F orce (MNHI T F ) Requested Council Action: - M otion to approve the Joint P owers Agreement between the B rooklyn C enter P olice D epartment and the S tate of M N to investigate and prosecute human trafficking and sexual exploitation of children Background: Under Minnesota S tatutes, § 471.59, the BC A and the G overnmental Unit are empowered to engage in agreements that are necessary to exercise their powers . T he parties wis h to work together to inves tigate and pros ecute human traffic king and s exual exploitation of c hildren. T he G overnmental Unit wants to partic ipate in the Minnes ota Human Traffic king Investigators Tas k F orce ("MNHI T F ") as an affiliate member. T he Brooklyn C enter P olic e Department and BC A enter into this Agreement to make the P olice Department part of the Minnesota Human Trafficking Inves tigators Task F orc e that will us e a three-pronged approac h to combat human trafficking and the s exual exploitation of c hildren: prevention, education and enforcement. T he BC A will provide a S enior S pecial Agent who will s erve as the C ommander of the task forc e. Budget Issues: T here are no budget is s ues to cons ider. AT TAC HME N T S: Desc ription Upload Date Type Human Trafficking JPA 5/28/2019 C over Memo R esolution 5/28/2019 C over Memo SWIFT Contract Number: 152068 1 To OSP 11/2017 STATE OF MINNESOTA HUMAN TRAFFICKING INVESTIGATORS TASK FORCE JOINT POWERS AGREEMENT This Joint Powers Agreement ("Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Brooklyn Center on behalf of its Police Department ("Governmental Unit"), Recitals Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. The parties wish to work together to investigate and prosecute human trafficking and sexual exploitation of children. The Governmental Unit wants to participate in the Minnesota Human Trafficking Investigators Task Force ("MNHITF") as an affiliate member . Agreement 1. Term of Agreement 1.1 Effect iv e Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to Minnesota Statutes,§ 16C.05, subdivision 2. 1.2 Expirat ion Date. This Agreement expires December 31, 2019, unless terminated earlier pursuant to clause 12. 2. Purpose The Governmental Unit and BCA enter into this Agreement to make the Governmental Unit part of the Minnesota Human Trafficking Investigators Task Force that will use a three -pronged approach to combat human trafficking and the sexual exploitation of children: prevention, educat ion and enforcement. The BCA will provide a Senior Special Agent who will serve as the Commander of the task force. 3. Standards The Governmental Unit will adhere to the MNHITF Standards identified below. 3.1 Investigate human trafficking crimes committed by organized groups or individuals related to child sexual exploitation, sex trafficking with a focus on minors being trafficked, and labor trafficking. 3.2 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures . Investigators will follow proper legal procedures in securing evidence, including electronic devices. 3.3 Investigators will understand and use appropriate legal procedures in the use of informants including documentation of identity, monitoring of activities, and use and recordation of payments. 3.4 Investigators will use , as appropriate, a broad array of investigative technologies and techniques . 3.5 Investigators will interview and prepare reports of victim rescues and be able to direct those victims to appropriate public and private resources to help ensure their safety and integration back into society. 3.6 Affiliate Task Force members must be able to dedicate sufficient time to the task force to SWIFT Contract Number: 152068 2 To OSP 11/2017 complete their assigned duties for the duration of the term of this Agreement. 3.7 Investigators must be licensed peace officers. 3.8 Affiliate members will investigate cases involving cross -jurisdictional, high impact and/or organi ze d groups involving human trafficking. The assignment may require investigators to travel to neighboring jurisdictions as investigations expand or as assigned by the task force commander . 3.9 Affiliate members will be asked to participate in pro -active operations deterring sexual exploitation of children and rescuing victims of human trafficking primarily focused on minors with the goal of identifying their traffickers. 3.10 Affiliate Task Force members will prepare an operational briefing sheet for each active operation, to be approved by the task force commander. 3.11 Affiliate Task Force members will prepare investigative reports to be submitted to the task force commander. Affiliate members must submit statistics to the task force commander on a monthly basis . 3.12 Affiliate members are assigned to their home agencies and may request assistance and resources on a case-by-case basis as approved by the task force commander. 3.13 Affiliate members must deconflict case investigations with the MNHITF deconfliction system . 4. Respons ibiliti es of the Governmenta l Unit and the BCA 4.1 The Governmental Unit will: 4.1.1 Conduct investigations in accordance with provisions of the MNHITF Standards, identified in clause 3 above, and conclude such investigations in a timely manner. 4.1.2 Maintain accurate records of prevention, education, and enforcement activities, to be · collected and forwarded quarterly to the BCA for statistical reporting purposes. 4.1.3 Assign, on a part-time basis, one or more employees of the Governmental Unit as members to the MNHITF. All employees of the Governmental Unit assigned as members, and while performing MNHITF assignments, shall continue to be employed and directly supervised by the same Governmental Unit currently employing that member . All services, duties, acts or omissions performed by the MNHITF member will be within the course and duty of the member's employment and therefore covered by the Workers Compensation and other compensation programs of the Governmental Unit including fringe benefits. 4.1.4 Make a rea sonable good faith attempt to be represented at all scheduled MNHITF meetings in order to share information and resources among the MNHITF members . 4.1.5 Participate fully in any audits required by the Minnesota Human Trafficking Task Force. 4.2 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by a member as an employee of the Governmental Unit. 5. Payment 5.1 Governmental Unit must first submit a written request for funds and receive approval for the funds from SCA 5.2 Governmental Unit must supply original receipts to be reimbursed on pre-approved requests . Approved reimbursement will be paid directly by the SCA to the Governmental Unit within thirty (30) calendar days of the date of the invoice with payment made to the address listed above. 6. Author ized Representatives The BCA's Authorized Representative is: Name: Jeffrey Hansen, Deputy Superintendent Address: Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Street East Saint Paul, MN 55106 Telephone: E-mail Address: 651 .793 .7 000 je ff .hansen@state .mn .us SWIFT Contract Number: 152068 3 To OSP 11/2017 The Governmental Unit's Authori zed Representative is: Name Address : Telephone: E-mail Address: Tim Gannon, Chief 6645 Humboldt Ave N Brooklyn Center, MN 55430 763 .569.3333 tgannon@ci. brook lyn -center.mn .us 7. Ass ignm ent, Am endm ent s, Waiv er, and Agr ee ment Compl ete 7.1 Ass ignm ent. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement. 7.2 Am endm ent s. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office . 7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Agr ee ment Compl ete. This Agreement cont ains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Li ability The BCA and the Governmental Unit agree each party will be r esponsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof . The BCA's liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes,§ 3.736, and other applicable law. The Governmental Unit's liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes, §§ 466.01- 466 .15, and other applicable law . 9. Audit s Under Minnesota Statutes , § 16C .05, subdivision 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this Agreement ar e subject to examination by the BCA and/or the State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 10. Gov ernm ent Data Prac ti ces The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 11. Venu e The venue for all legal proceedings out of thi s Agreement, or its breach, must be in the appropriate state or federal court with comp etent jurisdiction in Ramsey County, Minne sota. 12. Exp ir at ion and Te rmin ation 12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination . 12.2 Upon expiration or earlier termination of this Agreement, the Governmental Unit shall provide the MNHITF Commander all inv estigative equipment that was acquired under this Agreement. SWIFT Contract Number: 152068 4 To OSP 11/2017 13. Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11, Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ------------------- (PRINTED) Name: Signed: (PRINTED) Title: _ Date: Name:------------------- (PRINTED) Signed: _ Title: _ (with delegated authority) Signed: _ Title: _ (with delegated authority) Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division Date: By: Date: _ Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING THE STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF BROOKLYN CENTER ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE MINNESOTA HUMAN TRAFFICKING INVESTIGATORS TASK FORCE (MNHITF”) WHEREAS, it has been proposed that the City on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, and Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute human trafficking and sexual exploitation. WHEREAS, Minnesota Human Trafficking Investigators Task Force officers collaborate with and obtain information from other agencies to improve the safety of the City of Brooklyn Center; and WHEREAS, Minnesota Human Trafficking Investigators Task Force can extend the range of intelligence to better prevent sexual exploitation and violence; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager and Police Chief, are designated as the Authorized Representatives of the Police Department be and hereby are authorized to accept and implement the proposed Minnesota Human Trafficking Investigators Task Force Joint Powers Agreement. The Authorized Representatives are also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 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. E conomic Development Authority City Hall - Council Chambers J une 24, 2019 AGE NDA 1.Call to Order The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Counc il packet, including E D A (E conomic Development Authority ), is available to the public. The packet ring binder is located at the entrance of the council chambers. 2.Roll Call 3.Approval of Consent Agenda The following items are considered to be routine by the Economic Development Authority (E D A) and will been acted by one motion. There will be no separate disc ussion of these items unless a Commissioner so requests, in whic h event the item will be removed from the c onsent agenda and considered at the end of Commission Consideration I tems. a.Approval of Minutes - Motion to approve minutes from May 28, 2019 4.Commission Consideration Items a.Resolution A pproving a Purchase A greement and Conveyance of Certain Property to Centra Homes L L C - It is recommended that the Economic Development Authority: open the public hearing; take public input; close the public hearing; and consider adoption of a resolution approving a purchase agreement and conveyance of certain to Centra Homes LLC b.Consideration of a Term S heet between Real E state E quities and the Economic Development A uthority of Brooklyn Center regarding Tax I ncrement F inancing - Motion to direct staff to prepare an agreement consistent with the term sheet 5.Adjournment ED A ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:Dr. R eggie Edwards , Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:Approval of Minutes Background: S trategic Priorities and Values: O perational Exc ellenc e AT TAC HME N T S: Desc ription Upload Date Type May 28, 2019 EDA 6/19/2019 Bac kup Material 05/28/19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 28, 2019 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Mike Elliott at 10:05 p.m. 2. ROLL CALL President Mike Elliott and Commissioners Marquita Butler, April Graves, and Dan Ryan. Commissioner Kris Lawrence-Anderson was absent and excused. Also present were Executive Director Curt Boganey, Deputy Executive Director Reggie Edwards, Director of Fiscal & Support Services Nate Reinhardt, Community Development Director Meg Beekman, Business and Work Force Development Coordinator Brett Angell, City Attorney Troy Gilchrist, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved, and Commissioner Butler seconded to approve the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. May 13, 2019 – Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2019-11 APPROVING THE ACQUISITION OF CERTAIN PROPERTY LOCATED AT 6921 BROOKLYN BOULEVARD, BROOKLYN CENTER, MN Business and Workforce Development Specialist Brett Angell reviewed the potential purchase of single-family residential property at 6921 Brooklyn Boulevard. The property is currently zoned C-1 Commercial. The property owner died in January 2019, and the City recently agreed on a purchase agreement with a family member. 05/28/19 -2- DRAFT Mr. Angell stated TIF District #3 funds would be used for the purchase of this property, and the closing will occur in mid-June 2019. The City will be responsible for the removal of personal belongings and items left in the home, at an estimated cost of $4,000-5,000. Mr. Angell stated the home on the property would be demolished, and the property combined with three EDA-owned properties to the north. He added these combined properties have the potential to be an attractive redevelopment location. Councilmember Graves asked whether any of the homeowner’s personal property could be donated. Mr. Angell stated City Staff would look into the possibility of donating any reusable items. Commissioner Ryan moved, and Commissioner Graves seconded to adopt RESOLUTION NO. 2019-11 Approving the Acquisition of Certain Property Located at 6921 Brooklyn Boulevard, Brooklyn Center, MN. Motion passed unanimously. 6. ADJOURNMENT Commissioner Graves moved, and Commissioner Butler seconded adjournment of the Economic Development Authority meeting at 10:14 p.m. Motion passed unanimously. ED A ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Brett Angell, Bus iness and Workforce Development S pecialist S UBJ EC T:R esolution Approving a P urchas e Agreement and C onveyance of C ertain P roperty to C entra Homes LLC Background: Eas tbrook Estates 2nd Addition c ompris es a 6-parc el area of land totaling approximately 6.43 ac res . T he properties are loc ated just southwest of 69th Avenue and Highway 252. T he properties are c urrently zoned and guided for s ingle family residential use. S urrounding uses to the properties includes high-density res idential to the north, low-dens ity residential to the south, Highway 252 to the eas t, and low-density res idential to the west. T he EDA ac quired the parc els between 2004 through 2012, with the intent to redevelop the area into single- family res idential homes . At the O ctober 8th C ity C ouncil meeting, the C ouncil heard three proposals from builders to develop the properties. T he C ounc il selec ted a proposal from C entra Homes for the c onstruc tion of 35 single-family detac hed homes, with the developer res ponsible for ac quiring additional adjac ent privately owned land. T he propos ed single family homes would be two-s tory homes and have a median pric e of $332,000. C entra Homes is res ponsible for the cons truction and installation of public infras tructure inc luding utilities and roadways . C entra Homes received a P reliminary Development Agreement (P DA) for the properties at the December 10th, 2018 meeting allowing C entra exc lusive development rights to the property and additional time to create building plans, c onduct tes ting or surveying of the property, complete a purc hase agreement, and rec eive the nec es s ary land use approvals for development. At the April 8th meeting, C entra Homes received an extens ion to the P DA with slight adjus tments to their c onc eptual plan, inc luding a reduced acquis ition pric e and a reduc tion in the total number of homes to be cons tructed from 35 to 30. A P urc hase Agreement for the properties has been c reated by the C ity for the s ale and c onveyance of the property to C entra Homes . T he P urc hase Agreement for the properties is attached for review. T he total purc hase price for the properties is $115,000. Upon execution of the P urchas e Agreement by both parties , C entra Homes will be required to pay $6,000 in earnest money which will be deduc ted from the total purchas e price at the time of closing. C ontingencies of the P urchase Agreement include testing to be conducted by the Buyer at their sole cost, the buyer obtaining financing, a commitment of title, and land use approvals by the City. Any contingencies must be exercised by written notice to the City on or before August 30, 2019. U pon approval of the P urchase Agreement by the E D A, closing of the properties shall happen on or before September 30th, 2019. P er the P urc hase Agreement, the EDA will be required to pay any spec ial assessments on the properties . T his will be a total c os t of approximately $15,276. T he properties are c urrently tax exempt and there will not be prorated taxes that the EDA will need to pay prior to the s ale. Additionally, the P urchas e Agreement inc ludes a R everter claus e whic h if C entra Homes fails to s ubstantially complete c onstruc tion of s ite grading within twelve (12) months following the c los ing date, and s uc h failure is not c ured within thirty (30) days following written notice from the C ity, then the C ity shall have the right to re- enter and take pos s es s ion of the P roperty and to terminate and reves t in the C ity the estate conveyed by the deed. Budget Issues: P roceeds from the s ale will be returned to the T I F # 3 District Hous ing F und. S trategic Priorities and Values: Targeted R edevelopment AT TAC HME N T S: Desc ription Upload Date Type R esolution 6/19/2019 R es olution Letter P urchas e Agreement 6/19/2019 Exhibit Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2019-______ RESOLUTION APPROVING A PURCHASE AGREEMENT AND CONVEYANCE OF CERTAIN PROPERTY TO CENTRA HOMES LLC BE IT RESOLVED by the Board of Commissioners (“Board”) of the Economic Development Authority of the City of Brooklyn Center, Minnesota (“Authority”) as follows: Section 1. Recitals. 1.01. The Authority is authorized pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (the “EDA Act”), to acquire and convey real property and to undertake certain activities to facilitate the development of real property by private enterprise. 1.02. To facilitate development of certain property in the City of Brooklyn Center, Minnesota (the “City”), the Authority proposes to enter into a Purchase Agreement (the “Contract”) between the Authority and Centra Homes LLC (“Buyer”), under which, among other things, the Authority will convey the property located in the City legally described on the attached Exhibit A (the “Property”) to Buyer to construct 30 single family homes on the Property. 1.03. The Authority has on this date conducted a duly noticed public hearing regarding the sale of the Property to Buyer, at which all interested persons were given an opportunity to be heard. 1.04. The Authority finds and determines that conveyance of the Property to Buyer is in the public interest and will further the objectives of its general plan of economic development, because it will provide an opportunity for increased housing opportunities in the City and serve as an impetus for further development. Section 2. Authority Approval; Further Proceedings. 2.01. The Board hereby approves the Contract in substantially the form presented to the Board, including conveyance of the Property to Buyer, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Contract by those officials shall be conclusive evidence of their approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority’s obligations under the Contract as a whole, including without limitation execution of any documents to which the Authority is a party referenced in or attached to the Contract, and any deed or other documents necessary to convey the Property to Buyer, all as described in the Contract. 2 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner 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. 3 EXHIBIT A Legal Description of the Property PARCEL 1: Tract A: That part of Lot 24, Auditor’s Subdivision Number 310, shown as Parcel 17 on Minnesota Department of Transportation Right of Way No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; Tract B: Lots 25, 26 and the south 112 feet of Lot 27, Auditor's Subdivision Number 310, Minnesota; which lies westerly of the following-described Line 1: Commencing at Right of Way Boundary Corner B35 as shown on said Plat No. 27-20; thence westerly on an azimuth of 269 degrees 35 minutes 20 seconds along the boundary of said plat for 195.49 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 345 degrees 58 minutes 30 seconds for 268.52 feet; thence on an azimuth 89 degrees 35 minutes 20 seconds for 129.14 feet; thence on an azimuth of 355 degrees 02 minutes 49 seconds for 112.35 feet to the Right of Way Boundary Corner B40 as shown on said Plat No. 27-20 and there terminating; Tract C: That part of Lot 27, Auditor’s Subdivision Number 310, Hennepin County, Minnesota, described as follows: Beginning at a point on the North line of said Lot 27 distant 257.13 feet West from the Northeast corner thereof; thence continuing west along said North line a distance of 75 feet; thence South 246.5 feet to a point which is distant 332.61 feet West from point in the East line of Lot 27 distant 246.48 feet South from Northeast corner thereof; thence Easterly along the last described line a distance of 75 feet; thence Northerly 246.5 feet to the point of beginning. PARCEL 2: The Westerly 100 feet of Lot 27, Auditor’s Subdivision Number 310, Hennepin County, Minnesota. PARCEL 3: Outlot A, Ditzler Addition, Hennepin County, Minnesota. PARCEL 4: Outlot A, Eastbrook Estates, Hennepin County, Minnesota. PARCEL 5: 4 Lot 2, Block 1, Swanco Terrance, Hennepin County, Minnesota. PARCEL 6: Lot 30, Auditor’s Subdivision No. 310, Hennepin County, Minnesota. 586580v1BR305-158 PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (this “Agreement”) is made on this _____ day of ___________, 2019 (the “Effective Date”), by and between the Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota body corporate and politic (the “Seller”) and Centra Homes LLC, a Minnesota limited liability company, or its permitted assigns (the “Buyer”). 2. SALE OF PROPERTY. The Seller agrees to sell to the Buyer and the Buyer agrees to buy from the Seller, the real estate described on the attached Exhibit A (the “Property”). 3. PURCHASE PRICE AND MANNER OF PAYMENT. 3.1. Purchase Price. The Buyer shall pay the Seller $115,000 for the Property (the “Purchase Price”). 3.2. Earnest Money. Upon approval and execution of this Agreement by the Buyer and the Seller, the Buyer shall pay to _________ (the “Title Company”) $6,000 in earnest money and in part payment therefor (the “Earnest Money”). Said Earnest Money shall be deducted from the Purchase Price at Closing. The Earnest Money shall be refunded to Buyer only if (a) all of the contingencies are not removed or waived by the Buyer and closing does not occur or (b) in the event of an uncured Seller default, as set forth herein. If all the contingencies are removed and the Buyer fails to close this transaction, the Seller’s remedy shall be limited to receiving the Earnest Money as liquidated damages as is more fully described i n Section 15.2. The balance of said Purchase Price less the Earnest Money shall be paid by the Buyer to the Seller on or before the Closing Date, as described in Section 6 herein, at which time the Seller’s deed to the Property shall be delivered to the Buyer. 4. OBLIGATIONS OF THE SELLER. The Seller shall provide the following documentation: 4.1. Representations and Warranties. The representations and warranties of the Seller contained in this Agreement must be true now and on the Closing Date in all material respects as if made on the Closing Date and the Seller shall have delivered to the Buyer on the Closing Date, a certificate dated the Closing Date, signed by an authorized representative of the Seller, certifying that such representations and warranties are true as of the Closing Date in all material respects (the “Closing Certificate”). 4.2. Title. Title shall have been found marketable, or been made marketable, in accordance with the requirements and terms of Section 8 below. 4.3. Performance of the Seller’s Obligations. The Seller shall have performed all of the obligations required to be performed by the Seller under this Agreement in all 2 586580v1BR305-158 material respects. Included within the obligations of the Seller under this Agreement shall be the following: 4.3.1. The Seller agrees to cooperate with the Buyer as reasonably necessary to permit the Buyer to investigate the Property. The Seller shall make available to the Buyer and the Buyer’s agents copies of any surveys, reports, records, and permits in the Seller’s possession relating to the Property. 4.3.2. The Seller shall deliver to the Buyer the Title Evidence required in Section 8 on or before 10 days from the Effective Date. 5. CONTINGENCIES WHICH MUST BE EXERCISED BY WRITTEN NOTICE TO THE SELLER ON OR BEFORE AUGUST 30, 2019 (THE “CONTINGENCY DATE”): 5.1. Buyer’s Contingencies. 5.1.1. Testing. The Buyer shall have determined that it is satisfied with the results of, and matters disclosed by, any environmental site assessments, soil tests, engineering inspections, hazardous substances and environmental reviews of the Property, all such tests, assessments, inspections and reviews to be obtained at the Buyer’s sole cost and expense. a. The Buyer shall pay all costs and expenses of such investigation and testing and shall promptly repair and restore any damage to the Property caused by the Buyer’s testing and return the Property to substantially the same condition as existed prior to entry. The Buyer shall indemnify, defend, and hold the Seller harmless from any claim for damage to person or property arising from any investigation or inspection of the Property conducted by the Buyer, its agents or contractors, including the cost of attorneys’ fees, provided, however, that Buyer shall not be responsible for any pre- existing conditions that are discovered by Buyer or its consultants so long as, following discovery, Buyer or its consultants do not materially exacerbate such conditions through their actions. b. Copies of any final written reports, studies, or test results obtained by the Buyer in connection with its inspection of the Property or investigation relating to the Property shall be delivered to the Seller promptly upon receipt of the same at no cost to the Seller. 5.1.2. Financing. The sale of the Property shall be contingent upon the Buyer obtaining financing acceptable to the Buyer, in its sole discretion, for the acquisition of the Property at terms that are acceptable to the Buyer. In the event this financing contingency is not satisfied and released by the 3 586580v1BR305-158 Buyer by the Contingency Date, the Earnest Money and all interest earned thereon will be returned to the Buyer. 5.1.3. Title Report. The Buyer’s obligation to close hereunder is subject to its approval of a commitment of title for the Property to be ordered by the Buyer immediately upon execution of this Agreement, and as is more fully described in Section 8. 5.1.4. Land Use Approvals. The Buyer having received all land use approvals from the City of Brooklyn Center and any other governmental entities or agencies deemed necessary by the Buyer for its intended use of the Property, including, but not limited to, site plan approval, and preliminary and final plat approval. If, on or before the Contingency Date or if required earlier by this Agreement, if the Buyer determines that any of its contingencies listed in this Section have not been satisfied in its sole discretion, then this Agreement may be terminated by written notice from the Buyer to the Seller, which notice must given no later than the Contingency Date. If the Buyer does not give written notice of termination on or before the Contingency Date, all of such contingencies will be deemed to have been satisfied and the parties shall proceed to close this transaction in accordance with the terms of this Agreement. If this Agreement is terminated by the Buyer in accordance with this Section, the Title Company shall return the Earnest Money to the Buyer and neither party shall have any further rights or obligations regarding this Agreement or the Property. All of the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any of its contingencies by written notice to the Seller. 6. CLOSING. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on or before September 30, 2019 or such date on which the parties may agree (the “Closing Date”). The closing shall occur at the offices of the Seller, unless otherwise agreed to by the parties. The Seller agrees to deliver possession of the Property to the Buyer on the Closing Date. 6.1. Seller’s Closing Documents. On the Closing Date, the Seller shall execute and deliver to the Buyer the following (collectively, “Seller’s Closing Documents”), all in form and content reasonably satisfactory to the Seller and the Buyer: 6.1.1. Deed. A quit claim deed conveying the Property to the Buyer. 6.1.2. Seller’s Affidavit. A seller’s affidavit as required by the Title Company to issue an owner’s policy of title insurance with the standard exceptions waived. 6.1.3. Original Documents. Original copies of any surveys, reports, permits, and records in the Seller’s possession. 4 586580v1BR305-158 6.1.4. FIRPTA Affidavit. A non-foreign affidavit, properly executed, containing such information as is required by the Internal Revenue Code Section 1445(b)(2) and its regulations. 6.1.5. Other Documents. Any other documents reasonably required in order to complete the transaction contemplated by this Agreement. 6.2. Buyer’s Closing Documents. On the Closing Date, the Buyer shall execute, as appropriate and deliver to the Seller the following (collectively, “Buyer’s Closing Documents”): 6.2.1. Purchase Price. The Purchase Price in good funds (certified or cashier’s check or wire transfer). 6.2.2. Other Documents. Such affidavits of the Buyer, certificates of value, or other documents as may be reasonably required in order to complete the transaction contemplated by this Agreement. 7. PRORATIONS. The Seller and the Buyer agree to the following prorations and allocation of costs regarding this Agreement: 7.1. Title Insurance and Closing Costs. The Seller shall pay the cost to record any document required to establish marketable title in the Seller; any fees incurred for updating title, including the cost of preparing the Title Commitment and title search and examination fees; any state deed tax, conservation fee, or other federal, state, or local documentary or revenue stamps or transfer tax with respect to the deed to be delivered by the Seller. The Buyer shall pay the cost of all premiums required for the issuance of a title insurance policy and any endorsements; the fees of any soil tests, surveys, environmental assessments, inspection reports, appraisals, or other tests or reports ordered by the Buyer; recording fees and charges related to the recording of the deed; and its own legal and accounting fees associated with this transaction. All closing fees charged by the Title Company and any escrow fees charged by any escrow agent engaged by the parties in connection with this Agreement shall be split equally between the Buyer and the Seller. 7.2. Real Estate Taxes and Special Assessments. The Seller shall pay, on or before the Closing Date, all levied special assessments, constituting a lien against the Property as of the effective date, including, without limitation, any installments of special assessments that are payable with general real estate taxes in the year in which Closing occurs. The Property is currently tax-exempt, but in the event that there are any general real estate taxes payable in any year prior to the year in which the Closing occurs, they shall be paid by the Seller. Any general real estate taxes payable in the year in which Closing occurs shall be prorated between the Buyer and the Seller as of the Closing Date. 8. TITLE EXAMINATION. Title Examination shall be conducted as follows: 5 586580v1BR305-158 8.1. Seller’s Title Evidence. No later than July 10, 2019, the Seller shall furnish the following (collectively, “Title Evidence”) to the Buyer: 8.1.1. Title Commitment. A title commitment for the Property (the “Title Commitment”). 8.1.2. Survey. A copy of any existing land survey of the Property that is in the Seller’s possession or control. The Buyer, at its option, also may obtain, at its expense, an updated survey of the Property (the “Updated Survey”). Any Updated Survey shall be certified and delivered to the Seller as well as the Buyer and any other parties that the Buyer may designate. 8.2 Buyer’s Objections. No later than 15 days after receiving the Title Commitment, the Buyer must make written objections (“Objections”) to the marketability of title to the Property based on the Title Evidence. If the Buyer elects to obtain an Updated Survey, objections based upon the Updated Survey must be made within seven (7) days after receipt of said Updated Survey but in no event later than the Contingency Date. The Buyer’s failure to make Objections within such time period will constitute a waiver of Objections. However, any matter which is not referenced in the Title Commitment and is first recorded, discovered, or disclosed after the effective date of the Title Commitment may be objected to by the Buyer in the manner described herein. Any matter shown on such Title Evidence and not objected to by the Buyer shall be a “Permitted Encumbrance” hereunder. Within seven (7) days after receipt of the Buyer’s Objections, the Seller shall notify the Buyer in writing if the Seller elects not to cure the Objections. If such notice is given within said seven (7) day period, the Buyer may either waive the Objections or terminate this Agreement by giving written notice of termination to the Seller within ten (10) days after the Seller’s notice is given to the Buyer. If written notice by the Seller is not given within the ten (10) day period, the Seller shall use commercially reasonable efforts to correct any Objections within thirty (30) days after the expiration of the ten (10) day period (“Cure Period”). If the Title Company is willing to issue a title insurance policy to the Buyer that does not except from title insurance coverage an item the Buyer has objected to, the objection relating to such item shall be deemed cured. If the Objections are not cured within the Cure Period, the Buyer shall have the option to do any of the following: 8.2.1. Terminate this Agreement by giving written notice to the Seller within ten (10) days after the expiration of the Cure Period and neither the Seller nor the Buyer shall have further rights or obligations hereunder. In such event the Title Company shall return all Earnest Money to the Buyer. 8.2.2. Waive the objections and proceed to close without reduction in the Purchase Price. 6 586580v1BR305-158 The Buyer shall make its election within ten (10) days after expirati on of the Seller’s Cure Period. A failure to make an election within such period shall be deemed an election to proceed to close pursuant to subsection 8.2.2. 9. REPRESENTATIONS AND WARRANTIES BY THE SELLER. The following representations made by the Seller are limited to the actual knowledge of Cornelius Boganey, the Executive Director. The Seller represents and warrants to the Buyer that the following are true in all material respects now and, as modified by any changes about which the Seller notifies the Buyer in writing following after the date hereof, will be true in all material respects on the Closing Date: 9.1. Authority. The Seller is a Minnesota body corporate and politic, duly created under and subject to the laws of the State of Minnesota; the Seller has the requisite power and authority to enter into and perform this Agreement and those Seller Closing Documents signed by it; such documents have been or will be duly authorized by all necessary action on the part of the Seller and have been or will be duly executed and delivered; such execution, delivery, and performance by the Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which the Seller is a party; such documents are valid and binding obligations of the Seller, and are enforceable in accordance with their terms, subject to bankruptcy, reorganization, insolvency, moratorium and other laws affecting the rights and remedies of creditors generally and principles of equity. 9.2. Rights of Others to Purchase the Property. The Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the sale of the Property contemplated by this Agreement. 9.3. Use of the Property. To the best of the Seller’s knowledge without investigation, the Property is usable for its current uses without violating any federal, state, local, or other governmental building, zoning, health, safety, platting, subdivision, or other law, ordinance, or regulation, or any applicable private restriction, and such use is a legal conforming use. 9.4. Proceedings. There is no action, litigation, investigation, condemnation, or proceeding of any kind pending or, to the best of the Seller’s knowledge without investigation, threatened against any portion of the Property. 9.5. Wells. To the best of the Seller’s knowledge, no wells exist on the Property. 9.6. Sewage Treatment Systems. To the best of the Seller’s knowledge, no sewage treatment system exists on the Property. 9.7. Title. The Seller owns fee title to the Property. 9.8. Notices. The Seller has not received any written notice of noncompliance with any applicable federal, state, municipal, or county environmental laws, statutes, or 7 586580v1BR305-158 ordinances from any governmental authority having jurisdiction over the Property, other than the records provided to the Buyer. 9.9. Use. While this Agreement is in effect, the Seller shall not transfer the Property, or any portion thereof, except to an entity or individual affiliated with the Seller, or create on the Property any easements, liens, leasehold interests, encumbrances, or other interests or take any other actions that would affect the Property or the Seller’s ability to comply with the terms of this Agreement. Additionally, while this Agreement is in effect, the Seller shall operate and maintain the Property in the same manner as it has been operated and maintained heretofore, free from waste and neglect, reasonable wear and tear excepted. 9.10. Insurance. While this Agreement is in effect, the Seller shall maintain or cause to be maintained, in full force and effect, all liability and other commercially reasonable insurance upon and with respect to the Property against such hazards and in such amounts as exist on the date hereof. 9.11. Approvals. No consent, authorization, license, permit, registration, or approval of, or exemption or other action by, any other governmental or public body, commission, or authority is required in connection with the execution, delivery, and performance by the Seller of this Agreement. The Seller’s representations shall be true, accurate, and complete as of the date of this Agreement, in all material respects and, as modified by any notices given by the Seller to the Buyer, on the Closing Date in all material respects. If any time prior to Closing, the Bu yer shall determine that any representation herein made by the Seller was not true in all material respects when made, the Buyer’s sole remedy shall be to terminate this Agreement by giving notice to the Seller and seeking any applicable remedies for breach from the Seller. The Earnest Money paid by the Buyer shall be returned to the Buyer. Notwithstanding the above paragraph, all representations and warranties shall terminate six (6) months following the Closing Date. Any claim by the Buyer not made by written notice delivered to the Seller before such date the representation or warranty terminates shall be deemed waived. 10. “AS IS, WHERE IS.” The Buyer acknowledges that it has inspected or has had the opportunity to inspect the Property and agrees to accept the Property “AS IS” with no right of set off or reduction in the Purchase Price. Such sale shall be without representation of warranties, express or implied, either oral or written, made by the Seller or any official, employee or agent of the Seller with respect to the physical condition of the Property, including, but not limited to, the existence of or absence of petroleum, asbestos, lead, hazardous substances, pollutants, or contaminants in, on, or under, or affecting the Property. Other than as expressly stated herein, or expressly stated in any closing document delivered by Seller at Closing, Buyer acknowledges and agrees that the Seller has not made and does not make any representations, warranties, or covenants of any kind or character whatsoever, whether expressed or implied, with respect to warranty of income potential, operating expenses, uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the Property for a particular purpose, all 8 586580v1BR305-158 of which warranties the Seller hereby expressly disclaims, except as stated above. The Buyer expressly assumes, at closing, all environmental and other liabilities with respect to the Property. Except for the representations herein, the Buyer is solely relying upon information and knowledge obtained from its own investigation, experience, and knowledge obtained from its own investigation, experience, or personal inspection of the Property. The foregoing provision shall survive Closing and shall not be deemed merged into any instrument of conveyance delivered at Closing. 11. REPRESENTATIONS AND WARRANTIES BY THE BUYER. The Buyer represents and warrants to the Seller that the Buyer is a Minnesota limited liability company; that the Buyer has the requisite capacity, power and authority to enter into this Agreement and the Buyer’s Closing Documents signed by it; such documents have been or will be duly authorized by all necessary action on the part of the Buyer and have been or will be duly executed and delivered; delivery and performance by the Buyer of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which the Buyer is a party; such documents are valid and binding obligations of the Buyer, and are enforceable in accordance with their terms. 12. CONDEMNATION. If, prior to the Closing, eminent domain proceedings are commenced against all or any material part of the Property, the Seller shall immediately give notice to the Buyer of such fact and at the Buyer’s option (to be exercised within 15 days after the Seller’s notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement. The Earnest Money paid by the Buyer shall be returned to t he Buyer. If the Buyer fails to give such notice, then there shall be no reduction in the Purchase Price, and the Seller shall assign to the Buyer at the Closing all of the Seller’s right, title, and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing, the Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without the Buyer’s prior written consent. For purposes of this section, the words “a material part” means a part if acquired by a condemning authority would materially hinder Buyer’s operations on the Property. 13. COMMISSIONS. Both the Buyer and the Seller represent that they have not entered into a contract with any real estate broker, whereby the broker is entitled to a commission resulting from the transaction contemplated by this Agreement. Each party agrees to indemnify, defend, and hold harmless the other party against any claim made by a real estate broker for a commission or fee based on alleged acts or agreements with the indemnifying party. 14. REMEDIES. 14.1. Buyer’s Remedies. The Seller shall not be considered in default under this Agreement unless and until: (i) the Seller has failed to materially comply with or satisfy any of the Seller’s obligations in this Agreement; (ii) the Buyer has provided the Seller with written notice of such default (the “Default Notice”), which Default Notice shall specify the date on which the default occurred, the nature of the default and the Buyer’s proposed cure; and (iii) the Buyer has allowed the Seller five (5) business days (the “Cure Period”), after the Seller receives such Default Notice, to cure the default. If the Seller is in default under 9 586580v1BR305-158 this Agreement for any cause other than the default of the Buyer, the Buyer may at its sole option and remedy, elect, in writing to the Seller (the “No tice of Election”), within thirty (30) days after the Cure Period, to: (a) rescind this Agreement and receive the Earnest Money, after which, neither party shall have any further obligations to the other, except those obligations which survive termination; (b) proceed with this Agreement and take the Property “AS IS”; or (c) file an action seeking specific performance (but not damages except for fees and costs associated with such action). In the event the Buyer does not timely deliver a Notice of Election to the Seller, it shall be deemed that the Buyer waives all previous defaults by the Seller and elects to proceed with this Agreement under option (b) above. The Buyer specifically waives any right to make a claim against the Seller for compensatory or consequential damages or any other type of monetary claim, except for the indemnity obligations and claims for fees and costs as set forth in this Agreement. 14.2. Seller’s Remedy. If the Buyer fails to consummate this Agreement for any reason except the Seller’s default or the termination of this Agreement pursuant to a right to terminate given herein, the Seller’s sole and exclusive remedy shall be to terminate this Agreement by giving 30 days’ written notice to the Buyer, pursuant to Minnesota Statutes Section 559.21, as amended from time to time, in which case the Earnest Money shall be tendered to the Seller. 15. ASSIGNMENT. The Buyer may not assign its rights under this Agreement, without prior written consent of the Seller. Notwithstanding the foregoing, the Seller acknowledges that the Buyer will be establishing a new limited liability company for purposes of taking title to the Property. Bu yer shall have the right to assign its rights and obligations under this Agreement to such new entity, without prior consent of Seller, provided, however, that (a) Buyer must give Seller written notice of such assignment, and (b) such assignment shall not relieve Buyer from any of its obligations (including indemnification obligations) hereunder. 16. SURVIVAL. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 17. NOTICES. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed by United States mail postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to the Seller: Economic Development Authority of Brooklyn Center Attn: Cornelius Boganey 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 With a copy to: Sarah J. Sonsalla Kennedy & Graven, Chartered 10 586580v1BR305-158 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 If to the Buyer: Centra Homes LLC Attn: ___________ 11460 Robinson Drive NW Minneapolis, MN 55433 With a copy to: ________________________ ________________________ ________________________ Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of such change. 18. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 19. ENTIRE AGREEMENT, MODIFICATIONS. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 20. BINDING EFFECT. This Agreement binds and benefits the parties and their successors and assigns. 21. CONTROLLING LAW. This Agreement has been made under the substantive laws of the State of Minnesota, and such laws shall control its interpretation. 22. REVERTER. If the Buyer fails to substantially complete construction of the following improvements (“substantial completion” being defined as completion, subject only to minor “punch list” items agreed upon between Buyer and Seller): site grading within twelve (12) months following the Closing Date; and such failure is not cured within thirty (30) days following written notice from the Seller, then the Seller shall have the right to re-enter and take possession of the Property and to terminate and revest in the Seller the estate conveyed by the Deed to the Buyer, it being agreed that the Deed shall contain a condition subsequent to the effect that in the event of noncompliance with this Section 22 on the part of the Buyer, the Seller at its option may declare a termination in favor of the Seller of the title, and of all the rights and interests in and to the Property conveyed to the Buyer, and that such title and all rights and interests of the Buyer, and any assigns or successors in interest to and in the Property, shall 11 586580v1BR305-158 revert to the Seller. If no Buyer default has occurred hereunder, then the Seller shall e xecute and deliver to Buyer, a quit claim deed, releasing any right of reverter. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which will, for all purposes, be deemed to be an original, and all of which are identical. This Agreement may be further evidenced by facsimile and email scanned signature pages. 586580v1BR305-158 BUYER CENTRA HOMES LLC By: Its: 13 586580v1BR305-158 SELLER ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER By: Michael Elliott Its: President By: Cornelius Boganey Its: Executive Director 586580v1BR305-158 EXHIBIT A Legal Description of the Property PARCEL 1: Tract A: That part of Lot 24, Auditor’s Subdivision Number 310, shown as Parcel 17 on Minnesota Department of Transportation Right of Way No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; Tract B: Lots 25, 26 and the south 112 feet of Lot 27, Auditor's Subdivision Number 310, Minnesota; which lies westerly of the following-described Line 1: Commencing at Right of Way Boundary Corner B35 as shown on said Plat No. 27-20; thence westerly on an azimuth of 269 degrees 35 minutes 20 seconds along the boundary of said plat for 195.49 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 345 degrees 58 minutes 30 seconds for 268.52 feet; thence on an azimuth 89 degrees 35 minutes 20 seconds for 129.14 feet; thence on an azimuth of 355 degrees 02 minutes 49 seconds for 112.35 feet to the Right of Way Boundary Corner B40 as shown on said Plat No. 27 -20 and there terminating; Tract C: That part of Lot 27, Auditor’s Subdivision Number 310, Hennepin County, Minnesota, described as follows: Beginning at a point on the North line of said Lot 27 distant 257.13 feet West from the Northeast corner thereof; thence continuing west along said North line a distance of 75 feet; thence South 246.5 feet to a point which is distant 332.61 feet West from point in the East line of Lot 27 distant 246.48 feet South from Northeast corner thereof; thence Easterly along the last described line a distance of 75 feet; thence Northerly 246.5 feet to the point of beginning. PARCEL 2: The Westerly 100 feet of Lot 27, Auditor’s Subdivision Number 310, Hennepin County, Minnesota. PARCEL 3: Outlot A, Ditzler Addition, Hennepin County, Minnesota. PARCEL 4: Outlot A, Eastbrook Estates, Hennepin County, Minnesota. 2 586580v1BR305-158 PARCEL 5: Lot 2, Block 1, Swanco Terrance, Hennepin County, Minnesota. PARCEL 6: Lot 30, Auditor’s Subdivision No. 310, Hennepin County, Minnesota. ED A ITEM MEMOR ANDUM DAT E:6/24/2019 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Meg Beekman. C ommunity Development Director S UBJ EC T:C ons ideration of a Term S heet between R eal Estate Equities and the Economic Development Authority of Brooklyn C enter regarding Tax Inc rement F inanc ing Background: O n May 28, 2019, R eal Estate Equities rec eived approval from the C ity C ounc il for P lanning C ommission Application 2019-006 for a P lanned Unit Development and S ite P lan to cons truct two multi-family buildings at 5801 Xerxes Avenue North. O ne building would be dedic ated to 127 workforce hous ing units . T he other building would c onsist of 143 affordable independent s enior units. T he entire projec t would be affordable to thos e earning 50-70% of the area median income. T he approval als o included a rezoning of the property to P UD-TO D and to remove the property from the C entral C ommerc e O verlay District. T he developer initially presented a c onc ept of the project to the C ity C ounc il in January 2019. At that meeting they dis cus s ed their development plan, site layout and financ ial feasibility analys is . As part of their due diligence, the developer anticipated the need for Tax Increment F inancing as part of their financ ial proforma. At the time of their c onc ept review, the developer pres ented a s ourc es and us es whic h anticipated that the primary s ourc e of financing for the development would be 4% Low Income Housing Tax C redits (LI HT C ) and tax exempt bonds and that the total projec t costs would be estimated to be $58,850,074. T he developer initially anticipated a total projec t gap of $4,547,750 in T I F, which would have had to have been paid bac k over the full 26 year life of a hous ing T I F dis tric t. T he developer has since s ubmitted an application for public s ubsidy, along with their financ ial proforma and analys is . Due to the way Minnesota Hous ing F inanc e Agency issues tax exempt bonds , the two buildings have been s eparated for the purpose of the bonding application. T he workforce hous ing building has rec eived its bonding allocation and the developer is requesting approval of a term sheet now and T I F agreement in order to move forward with the rest of their financ ing. T he developer will apply for bonding in the sec ond round of funding in August for the independent senior building and will return to the EDA at that time for approval of their T I F plan and agreement for that building at that time. T he C ity's financial cons ultant reviewed the financ ial information provided by the developer related to their project and is recommending a $1.63 Million PAYG O T I F Note with a term not to exceed 16 years . A more detailed explanation of their analysis is attac hed to this report. A term s heet has been prepared outlining the terms of the future T I F plan and is attac hed to this report. T he terms are in line with industry s tandards . T he EDA would be able to pool up to 10% of the inc rement for administrative c os ts plus any additional inc rement towards the c reation or pres ervation of affordable hous ing. In addition, the term s heet indicates that the T I F district would remain open for the full 26 years . T his would mean that the income requirements required by s tate law under hous ing T I F dis tric ts would apply to the property for the duration of the T I F dis tric t, even after their T I F note was paid off. It also would mean that onc e the T I F note was paid, the EDA c ould pool 100% of the increment towards affordable hous ing. T he C ity would have the option to close the district early at that point if it c hose as well. Budget Issues: T here are no budget is s ues to cons ider at this time. S trategic Priorities and Values: Targeted R edevelopment AT TAC HME N T S: Desc ription Upload Date Type Memo from S tac ie Kvilvang, Ehlers dated June 24, 2019 6/19/2019 Bac kup Material Term S heet 6/19/2019 Bac kup Material Memo To: Meg Beekman – Community Development Director From: Stacie Kvilvang - Ehlers Date: June 24, 2019 Subject: Real Estate Equities TIF Request The City of Brooklyn Center requested that Ehlers review the development pro forma and Tax Increment Financing (TIF) request from Real Estate Equities (the “Developer”) for their proposal to construct a 127-unit workforce apartment on a portion of the former Jerry’s Food site. All of the units would be affordable to households at or below 60% of area median income (AMI) and would be both rent and income restricted as noted below: This memo is intended to review the need for TIF assistance based on our analysis of the Developer’s project budget and projections, generally known as a pro forma and provide a summary of the terms for the TIF Agreement. The Developer requested that the City provide them 26 years of tax increment on a pay-as- you-go (PAYGO) basis (PAYGO is the typical City TIF financing structure for these types of projects). With this type of structure, the City does not provide up-front funding. The developer seeks the funding either through their first mortgage or a second mortgage for the TIF amount. Therefore, the risk of the TIF being generated is borne by the developer, not the City. If the TIF is inadequate to repay the TIF Note in full, the City has no obligation to make up the shortfall. We have reviewed the project based on general industry standards for construction, land, and project costs; affordable rental rates and operating expenses; developer fees; underwriting criteria; project cash flow, and the request for TIF assistance. The table on the following page depicts the proposed sources and uses for the project: Household Size Income Limit Unit Size Rent Limit Proposed Rents 1 $42,000 Studio $1,050 N/A 2 $48,000 1 $1,125 $1,047 3 $54,000 2 $1,350 $1,255 4 $60,000 3 $1,560 $1,447 Income Limit by Household Size Rent Limit by Unit Size As noted in the table above, the TIF assistance is 5% of the total project costs, which is in line with what we typically see in these types of projects (typically up to 10%). In addition, the Developer if deferring 67% of their developer fee, which is more than we typically see (up to 50%). Generally, this project meets the expectations of tax credit, non-age restricted apartments with regards to the financing structure, on-going operational costs and developer fee. Following are our findings relating to the analysis completed for the development: 1. Financing. The Developer has maximized the first mortgage and 4% low-income housing tax credits (LIHTC). Both the First Mortgage and the TIF Mortgage require debt coverage of 115% to provide the lender the comfort that the revenues generated will be adequate to repay the mortgages. In review of their coverage on both mortgages, they have approximately 117% coverage. If for whatever reason the development falls below the required coverage, the Developer is still able to make the payments, they just receive less cash flow. If the coverage falls below 100%, typically their financing parameters are full recourse, meaning that the Developer has to make the payment from other sources, regardless. 2. Acquisition Cost : Total acquisition cost is $2,200,000 or $17,000/unit. This is higher than the typical costs we see for apartments of $7,500 to $15,000. 3. Developer Fee : The Developer included a 10% developer fee, which is within industry standard for a LIHTC project. They are deferring 67% of the fee. This fee would typically be paid out in installments through the final construction draw, but the deferral portion will be paid out of cash flow and it is anticipated it will take approximately twelve (12) years for them to be repaid. SOURCES Amount Pct. Per Unit First Mortgage 17,652,597 54% 138,997 TIF Note 1,630,000 5% 12,835 Low Income Housing Tax Credits 10,395,864 32% 81,857 GIC Income 686,943 2% 5,409 Deferred Developer Fee (67% of Total Fee) 2,121,459 7% 16,704 TOTAL SOURCES 32,486,863 100% 255,802 USES Amount Pct. Per Unit Acquisition Costs 2,200,000 7% 17,323 Construction Costs 21,336,000 66% 168,000 Professional Services 1,452,745 4% 11,439 Financing Costs 892,600 3% 7,028 Developer Fee 3,154,916 10% 24,842 Cash Accounts/Escrows/Reserves 3,450,602 11% 27,170 TOTAL USES 32,486,863 100% 255,802 4. Residential Total Development Cost (TDC) : The TDC is approximately $255,000 per/unit. This is in line with industry standards of $200,000 to $300,000. 5. Rents . Rents are slightly below the required threshold, which will provide a more competitive product. 6. Management Fee . Management fees of 3.82% of gross revenue is within the typical range of 3% to 6%. 7. Operating Expenses . Operating expenses of approximately $3,475/unit (before taxes, management fees, and reserves) is within industry standards for projects of this size (typical range is $3,400 to $4,000). 8. Vacancy . Vacancy is underwritten at 7% which is required by MHFA for LIHTC projects. Recommendation We recommend providing the Developer with a $1.63 Million PAYGO Note with a term of 16 years. Even though the term of the TIF Note is 16 years, the Developer is required to keep the property affordable at the rent and income for persons at or below 60% of the AMI for a 26-year term (length of the TIF District). Please contact me at 651-697-8506 with any questions. 584830v5BR291-395 TERM SHEET This Term Sheet is dated as of this ____ day of __________, 2019 and is intended to set forth the general terms upon which the Developer (as defined below) and the Economic Development Authority of Brooklyn Center, Minnesota (the “EDA”) may be willing to enter into a Development Agreement (the “Development Agreement”). Except for Section 11 below (which shall be binding upon Developer) this Term Sheet shall not be deemed conclusive or legally binding upon either the Developer or the EDA, and neither the Developer nor the EDA shall have any obligations regarding the property defined below, unless and until a definitive Development Agreement is approved by the EDA board and executed by both the Developer and the EDA. 1. Developer: Brooklyn Center AH I, LLLP (or a limited partnership or other entity to be formed by or affiliated with Real Estate Equities, Inc.) 2. Property: portions of PID 03-118-21-14-0024 (southern portion of the property at 5801 Xerxes Avenue North in the City) 3. Developer Conditions: a. Execution of Development Agreement b. Securing necessary financing, including issuance of conduit revenue bonds by the City c. Site Control 4. EDA Conditions: a. Establishment of a new Housing TIF District subject to approval after all proceedings required by law b. EDA approval of Construction Plans c. Execution of a Development Agreement 5. Minimum Improvements: Improvements to the Property will include the construction of an approximately 127-unit workforce rental housing facility and related amenities. 6. Construction Schedule: Commence construction by December 31, 2019, and complete by June 30, 2021. For the purpose hereof, “Commence” shall mean beginning of physical improvement to the Property, including grading, excavation, or other physical site preparation work; and “Completed” shall mean that the Minimum Improvements are sufficiently complete for the issuance of a Certificate of Occupancy for all rental housing units on the Property. Upon Completion the EDA shall issue, if requested by the Developer, a “Certificate of Completion” in recordable form. 7. Public Assistance: Subject to all terms and conditions of the Development Agreement, EDA will reimburse Developer for Qualified Costs equal of the Minimum Improvements in an amount not to exceed $1,630,000. “ Qualified Costs ” shall mean site improvement and infrastructure costs, and other costs eligible in accordance with applicable law, incurred in connection with the construction of the Minimum Improvements on the portion of the Property located in the new TIF District. Payments will be made semiannually commencing August 1, 2021, on a pay-as-you-go basis from 90% of available increments generated by the Property over a 16-year term, with interest at a rate 584830v5BR291-395 equal to the lesser of 4.75% per annum or the rate per annum on the Developer’s financing for the construction of the Project until the note is fully paid. 8. Minimum Improvements Value: No Minimum Assessment Agreement. 9. Affordable Housing: The Property will be subject to a Declaration of Restrictive Covenants requiring income limitations (20% of units at 50% of area median income or 40% of units at 60% of area median income) for the 26-year statutory duration of the TIF District. 10. Jobs: Job creation is not a goal of this project. 11. Fees: The Developer has deposited with the EDA the sum of $10,000.00 to pay for the reasonable out-of-pocket legal, financial consultant and administrative fees associated with this transaction. Unexpended funds will be returned to the Developer and if additional funds are needed to pay such expenses the Developer will deposit such additional funds upon request by the EDA. 12. Miscellaneous: a. Transfer of the Property located in the new TIF District or of the Development Agreement or TIF Note Payments will be subject to EDA consent except for certain limited exceptions including mortgage financing. b. Developer covenants to pay property taxes and maintain customary insurance. Council/E D A Work S ession City Hall Council C hambers J une 24, 2019 AGE NDA The C ity Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council pac ket is available to the public. The pac ket ring binder is located at the entrance of the c ounc il chambers. AC T I V E D IS C US S I O N IT E M S 1.Concept Review f rom C oalition Development for E D A -owned property at 61st Avenue N and Brooklyn Boulevard - Motion to approve a resol ution terminating a Prel iminary Development Agreement with Thor Li ving, L L C, and approving a prel iminary devel opment agreement wi th Coalition Development, LLC 2.Co-Responder Model for Mental Health Related 911 Calls P E ND I NG L IS T F O R F UT URE WO RK S E S S IO NS 1.P ending I tems L ivable Wages L iquor Ordinance Violations -7/8 L iquor Ordinance/E ntertainment Permit -7/8 L iquor Ordinance Updates -7/8 2020 Elections Update - 7/8 Discussion on Ordinance process - 7/8 Delinquent Utility P enalties P ublic S ubsidy P olicy L iquor Ordinance Violations - 7/22 O pportunity Site Draft Master Plan Discussion Youth I n Government - 7/22 Commemoration of 400 years of Slavery A ctivities M EM OR ANDUM - COU N C IL WORK SESSION DAT E:6/24/2019 TO :C urt Bo ganey, C ity Manager T HR O UG H:N/A F R O M:Meg Beekman, C o mmunity Development Directo r S UBJ E C T:C o nc ep t R eview from C oalitio n Development fo r EDA-o wned property at 61s t Avenue N and Brooklyn Bo ulevard B ackground: C oncept R eview P rocess T he c o nc ep t review p ro cess is an opportunity fo r the C ity C ounc il to review a d evelopment concept prio r to a fo rmal propos al from an ap p licant, and provide c omments, ask ques tions , and ind icate whether o r no t the C ity would be o pen to the p ro ject. C o nc ep t reviews are help ful fo r projec ts that wo uld invo lve E DA-o wned land o r p ublic sub s idy, as it p ro vides insight to staff and the develo p er as to the C ity C ounc il’s level of interes t, and any spec ific c o nc erns , related to a p ro ject. A c onc ept review is c o nsidered advis o ry and is no nbind ing to the C ity and the applic ant. No formal actio n can b e taken at a work session, and the C o uncil is no t b eing asked to vote on the propos al. If the d eveloper cho os es to s ubmit a fo rmal applic atio n to the C ity to p ro ceed, it would b e sub ject to the full review p ro cess, as with any o ther develo p ment applic atio n. B ackgrou n d O n November 26, 2018, P atric k C ruiks hank of T ho r Living, L L C , p res ented a c o nc ep t p ro p o s al for a multi- family d evelop ment on three E DA-o wned lo ts at 61s t Avenue N and Brooklyn Boulevard, jus t s o uth o f the S anc tuary d evelo p ment. T he c o nc ep t p ro pos ed 80-110 units of workfo rce ho us ing in a four-s tory build ing. T he c o nc ep t als o c ontemplated the use o f tax inc rement financing to as s is t with the p ro ject. T he C ity C ounc il was favorable to the p ro p o s al at that time, and direc ted s taff to mo ve fo rward with preparing a P reliminary Development Agreement (P DA). O n Dec emb er 10, 2018, the EDA entered into a P DA with T hor Living, LLC . T he P DA allowed T hor Living to explore the d evelopment o f the p ro ject, and wo uld expire o n July 30, 2019, p ro viding T ho r Living with the time to conduc t due diligenc e and put together a financ ial sub s id y ap p lication to the C ity for the develo pment. O n January 21, 2019, the owners o f T hor Living, LLC , R avi No rman and R ic hard C o p eland s ent a letter to the EDA reques ting that the P DA b e terminated. T he company had b een dis s olved and the d evelopment s taff o f T hor Living, LLC had parted ways with the c ompany, b ranc hing o ff and c reating their o wn develo p ment company, C oalitio n Development, LLC . T he owners o f T hor Living indic ated in their letter that they were trans ferring any exis ting d evelopment rights that T hor Living had to C o alitio n Development. O n F ebruary 11, 2019, the EDA approved the develo p ers reques t to terminate the P D A and enter into a s ubstantially s imilar P DA with C o alition Development, LLC to take over the develo p ment projec t as originally p ro p o s ed . T he terms o f the agreement remained the s ame. D evelopment P la n C o alition Development has continued their d ue d iligence work and has spent a s ubs tantial amount of time refining their s ite p lan and financial p ro fo rma. T hey are p rep aring to sub mit a land us e and p ublic sub s id y ap p licatio n to the C ity for a full review o f the projec t. P rior to a formal s ub mittal, they are reques ting a c onc ept review with the C ity C o uncil and P lanning C o mmis s io n to get inp ut on the refined layo ut and develo p ment p lan fo r the s ite. S inc e the P DA was s igned, the E DA has acq uired a fourth parc el adjac ent to the initial three, which has b een inc o rp o rated into the develo p ment plan. T he p ro ject remains sub s tantially the s ame as originally c o nc eived . C o alition Development is proposing to cons truc t a 113-unit four-s tory building o n the site with a mix o f s tud io s , o ne and two b ed ro o m units . T hey are p ro p o s ing 134 parking stalls in a mix of und erground and s urfac e, at a ratio o f 1.19 s talls p er unit or jus t o ver o ne p er bedroom. A traffic and p arking s tud y will b e cond uc ted as p art o f the analys is and review of the projec t. T he build ing has b een s hifted and pus hed away fro m Bro o klyn Boulevard, whic h ac complishes two goals : 1) it aligns better with the ad jacent S anc tuary d evelo p ment and better utilizes the s hared driveway between the two s ites; and 2) it c reates s pac e for the rec o nstruc tio n o f Bro o klyn Boulevard and the needed ad d itional right-of- way for trail c o nnec tio ns. T he property abuts Wangstad P ark to the wes t, and the s ite p lan p ro vides plac ement of the build ing's surfac e p arking lo t neares t to this property line, whic h provid es a b uffer b etween the b uilding and the park. F enc ing and landc ap ing c an be p ro vided here as well to s o ften the b uffer b etween the p arking lo t and the park. T he p ro p erty to the no rth is the S anctuary and c ontains the s id e of the build ing alo ng with their s ervic e road and a ro w o f trees . T he develo per is in the p ro cess o f reac hing out to nearby property o wners to d is cus s the p ro ject with them ahead o f a formal ap p licatio n to the C ity. Ta x In crement F inancin g T he proposed develo p ment sites are in the exis ting T I F Dis tric t #6, whic h was rec ently created to acc o mmo d ate the S anc tuary. As s uc h, T I F #6 is a ho using d is tric t, whic h is res erved fo r develo p ment p ro jects whic h provid e a p ercentage of units to income q ualified renters for the d uratio n o f the T I F Distric t. T he projec t as p ro p o s ed wo uld meet the rent requirements that c o inc id e with the income limits o f a hous ing d is tric t, and the develo p er has ind icated that they intend to ap p ly fo r pub lic s ub s id y as part of their applic atio n to the C ity. T heir financial p ro fo rma ind icates that there is a gap . W hile they have c harac terized their projec t as market rate bec ause their pro p o s ed rents are market d riven, the use o f T I F will require that a p ercentage of the units in the build ing wo uld be affo rd ab le to those making 50% area median inc o me (AMI) o r 60% AMI d epend ing on what perc entage of units they cho o s e to set aside as affo rd ab le. C onforma n ce with C ity P olicies T he EDA has b een acquiring property alo ng Brooklyn Bo ulevard for d ecad es with the intent of as s emb ling it fo r higher and b etter us e as the transportation and land use p atterns o f the c o rrid o r c hange. Bro o klyn Boulevard is und ergoing a c o mp lete recons truc tion whic h will have an effec t on the land use p atterns as ac c es s p o ints are cons olidated and the ro ad way is altered . With the ad optio n o f the 2040 C omprehensive P lan, the C ity adopted new future land us e designatio ns for muc h o f the Bro o klyn Boulevard corridor, whic h inc luded a new land use des ignatio n o f Neighborho o d Mixed Us e (NMU). T he NMU land use d es ignation c ontemplates an allowanc e of a mix o f medium dens ity res id ential and/o r c o mmercial uses o n a given s ite d ep ending o n its lo cation along the c o rrid o r. F or examp le, commerc ial us es , with a p o s s ib le mix of hous ing, will likely converge around primary, signalized inters ections , which offer better acc es s and vis ib ility; while med ium d ensity res id ential us es will make up the balance b etween thes e primary nodes . T he proposed develo p ment projec t is in keeping with the go als for the c o rridor, is c o nsistent with the adjac ent S anc tuary d evelo p ment, and p ro vides a highes t and best us e for E DA p roperties , which have b een held by the C ity for many years in s o me c as es . In addition, c ombined with the S anc tuary, the two projec ts, begin to p ro vide mo mentum for future red evelopment along the c o rrid o r. N ext S tep s T he develo per will take inp ut from the C ity C ounc il and incorporate it into their final ap p licatio n. T hey als o have a concep t review s c heduled with the P lanning C o mmis s io n fo r their July 11th meeting. T he develo per intends to s ubmit for the Augus t P lanning C ommission meeting, whic h would plac e them on the C o uncil's agenda fo r the end o f August and early S ep tember. T he projec t will require a P UD and P reliminary and F inal P lat, as well as a P urchas e Agreement with the E DA in ad d ition to the pub lic s ubsidy review. Policy Issues: - Do es the C ity C o uncil have any comments or c oncerns regard ing the s ite plan and layo ut of the projec t? - Do es the C ity C o uncil have any comments or c oncerns regard ing the d evelo p ment plan or use o f the p ro p erties as p ro p o s ed ? S trategic Priorities and Values: Targeted R edevelo p ment AT TAC HME N T S : Desc rip tion Up lo ad Date Typ e P rojec t Narrative 6/19/2019 Bac kup Material S ite P lan 6/19/2019 Bac kup Material R end erings 6/19/2019 Bac kup Material R end erings 6/19/2019 Bac kup Material Dec emb er 10, 2018, ED A R ep o rt 2/4/2019 Bac kup Material Novemb er 26, 2018, ED A R ep o rt 2/4/2019 Bac kup Material P owerp o int 2/11/2019 Bac kup Material 6101 Brooklyn Blvd Apartments Overview- We are proposing a 4 story, 113-unit market rate apartment with underground parking. Because this is contemplated to utilize the existing Housing TIF District in this area, there will a certain number of units set aside at a lower designated rental rate. The building amenities include a fitness center, community center, in-unit washer and dryer, pet- friendly, balconies and a state-of-the-art mail center. The site is located on the corner of Brooklyn Blvd and 61 st Ave. Wangstead Park is located directly adjacent to the property and will be a wonderful added amenity for the residents. We are contemplating adding a community art installation on the very prominent corner of Brooklyn Blvd and 61 st Ave to highlight the site and provide a source of pride to residents traveling past and living in this part of Brooklyn Center. Rents- The monthly rents we are looking to achieve are as follows. Studios: $950-$1100 1 Bedroom: $1,125 -$1,299 2 Bedrooms: $1,659-$1,771 Developers- We are 3 rd party developers working for an ownership group. The owners will utilize a very experienced and reputable 3 rd party management group. The owners have a long-term hold mentality for their investments. Design- Ultimately, we want to fit into what the City of Brooklyn Center wants for this site and location. We feel, based on several previous discussions with staff and other stakeholders we are homing in on the appropriate size and look of the building. Why we like the sites- We like this site for multiple reasons. The first reason is that we feel that there already is a strong market and demand for market rate housing in this area. We also like the fact that it is on Brooklyn Blvd so it should make it easy for our residents to easily get to a major road to travel to and from work. We like that this site already had council support for multi-unit housing and is in a current TIF district. Having the location next to Wangstead Park is also beneficial for tenancy. Benefits to City- There is a need for newer stock market rate housing in this specific location. This project is a higher than normal use for a location that has been sitting vacant for some time. Taxes will be generated as revenue for the City long term. As has been previously stated, there will be a certain number of units set aside for designated tenants who qualify for lower income housing. Also, the City will receive full market value for the vacant land. Parking- Per our site plan we currently will have 73 surface parking stalls and 61 underground stalls. Our current breakdown of units are 50 studios, 44 one bedrooms, 19 two bedrooms. This then totals to 113 units. Our total stalls number is 134 which is equivalent to more than 1 stall per bedroom in these apartments. Color Site Plan- Sent separately. 6/28/2019 1 Coalition Development Refined Concept Review October 8, 2018 Review EDA Meeting, June 24, 2019 Meg Beekman, Community Development Director Project Update •December 10, 2018 ‐ EDA Entered into PDA with Thor Living •January 21, 2019 – Thor Living is dissolved and request for termination of PDA is requested •February 11, 2019 – EDA Entered into PDA with Coalition Development •March 11, 2019, EDA approves PA for 3606 61st Avenue N. •Coalition Development preparing to submit land use and financial subsidy application 2 6/28/2019 2 3 •6101 Brooklyn Blvd •6107 Brooklyn Blvd •3600 61st Ave N •3606 61st Ave N 4 6/28/2019 3 5 Project Proposal 6 Project Proposal •Four‐story, 113‐unit multi‐family  •Mix of studios, to 2‐bedroom units •Mix of underground and surface parking;  Ratio of 1 stall/bedroom and 1.19/unit •Mix of affordable and market rate •Anticipated Rents: •Studios: $950‐$1100 •1‐bdrm: $1125‐$1299 •2‐bdrm: $1659‐$1771 •Site Layout •Maximizes setback to Brooklyn Boulevard •Blends better with the Sanctuary  development •Places patios on 61st Avenue for  neighborhood orientation  •Utilizes shared driveway with Sanctuary;  maintains two access points 6/28/2019 4 Financing – Current Estimate •Total Project Costs (estimated): $14,656,094 •Land Acquisition (For Four Parcels): $595,000 •Soil Correction and Demolition: $200,000 •Total Soft Costs: $3,052,344 •Total Hard Costs: $10,808,750 •Estimated TIF Request (GAP): $2,685,000 •Estimated Taxes Generated: $234,000 •Current Taxes Generated: $3,018 7 Process •PDA – Expires July 30, 2019 •Sale of EDA‐owned property •Purchase Agreement •EDA (Public Hearing) •Planning Case Application: Preliminary and Final Plat, Rezoning, possible PUD, Site and Building Plan Review •Planning Commission (Public Hearing) •City Council Review •Public Subsidy Request •Review by public finance consultants •Formal Review by City/EDA (Public Hearing) •Development Agreement 8 6/28/2019 5 Policy 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BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB WV HFXWLYH LUHFWRU 7KRU LYLQJ BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB WV BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 0 1 0 2 00 3 0 0 0 4 2 5 3 0 0 5 1 2%2,00 6,0 0 5 3 2 3 0 2 2 3 0 2#0 2 25 0 3 5 1 3 0 10 4 2 3 5 7 5 3 0 0 0 89 2 3 2% 0 3 00 2 3 0 0 0 00 0 3 1,1 10 3 2 0 0 2 3 0 0 0 2 3 2 1 1 00 2% 1 0 3 2%2 0 3 2#5 2 3 5 3 0 5 0 0 3 2#0 5 0 @ 3 0 2 0 4 0 0 2,0 5 0 2%3 5 00 2 4 0 0 3 0 2 3 1 0 0 2 A 0 00 5 3 2,5 0 2%3 B1 0 0 5 3 0 3 0 0 0 0 0 3 2 2 A 5 0 3 B 0 2 0 2 10 3 0 2 0 00 3 C 0 3 0 D,0 2%2,3 D, 0 3 4 0 2%2, 4 0 2 D,2%0 2 3 BROOK L Y N B L V D N 61 S T A V E N ST ST 1 B D 1 B D ST 2 B D 3 B D 2 B D 2 B D ST1 B D ST S T ST LDRY 1 B D 1 B D ST MAIL 1 B D 30 ST ST ST 2 B D ST 1 B D 1 B D 18 6 7 62 20 8 1 0 62 UN I T C O U N T 8 0 SU R F A C E P A R K I N G 6 0 UN D E R G R O U N D P A R K IN G 5 3 BR O O K L Y N B L V D A P A R T M E N T S 1/ 3 2 1 Preliminary Development Agreement Transfer October 8, 2018 Review EDA Meeting, February 11, 2019Meg Beekman, Community Development Director Project Update •December 10,2018 -EDA Entered into PDA with Thor Living•January 21,2018 –Thor Living is dissolved and request for termination of PDA is requested•Coalition Development,LLC –Taking over Thor Living’s development projects •Request is to terminate PDA with Thor Living and approve PDA with Coalition Development 2 3 •6101 Brooklyn Blvd•6107 Brooklyn Blvd•3600 61st Ave N 4 5 Project Proposal •Four -story, 80-110-unit multi- family development•Mix of studios, to 3-bedroom units•Mix of underground and surface parking; Ratio of 1 stall/bedroom•Affordable at 60-80% AMI•Anticipated Rents: Studios:$940 1-bdrm:$1260 2-bdrm:$1568 3-bdrm:$1755 Financing –Current Estimate •Total Project Costs:$14,656,094•Land Acquisition (For Four Parcels):$595,000•Soil Correction and Demolition:$200,000•Total Soft Costs:$3,052,344•Total Hard Costs:$10,808,750•TIF Requested (GAP):$2,685,000•Estimated Taxes Generated:$234,000•Current Taxes Generated:$3,018 6 Process •PDA –Expires July 30,2019•Sale of EDA-owned property•Purchase Agreement•EDA (Public Hearing)•Planning Case Application:Preliminary and Final Plat,Rezoning,possible PUD,Site and Building Plan Review•Planning Commission (Public Hearing)•City Council Review•Public Subsidy Request•Review by public finance consultants•Formal Review by City/EDA (Public Hearing)•Development Agreement 7 Recommendation •Motion to approve a resolution terminating a Preliminary Development Agreement with Thor Living, LLC and approving a Preliminary Development Agreement with Coalition Development, LLC 8 M EM OR ANDUM - COU N C IL WORK SESSION DAT E:6/24/2019 TO :C urt Bo ganey, C ity Manager T HR O UG H:N/A F R O M:Tim G anno n, C hief of P olic e S UBJ E C T:C o -R es p o nder Model fo r Mental Health R elated 911 C alls Recommendation: - N o C ou n cil a ction req u ested at th is time B ackground: T he C ity C ounc il has rec eived two briefings from the same citizen d uring open s es s ions regard ing a P o lic e c o - res p o nder model fo r mental health calls fo r s ervic e. Literature and information has been presented b y that citizen. T he P olic e Department has been researc hing this topic before tho s e p res entations bec ause s o me p o lic e agencies within Hennep in C o unty are attempting to deploy variations of a c o-res pond er model and there is no clarity s urround ing this is s ue. T his p res entatio n with informatio n p ro vided is an attemp t to p ro vide clarity and als o exp lain ho w various models fo r an enhanc ed polic e respons e to mental health related emergenc y calls for s ervic e are being imp lemented . If this is to be p urs ued additio nal s taff expens es would be nec es s ary to p roperly implement the respons e p lan. T he optio n that requires on-s cene respons e would require additio nal s worn s taff as well as contrac ting with multip le mental health professionals to be availab le for res p o nding at various times and d ays. T he o p tion to p ro vide fo llow-up c are and enhanc ed services wo uld b e less expens ive and effec tive in reducing the repeat calls fo r servic e to the s ame persons or lo cations s uch as group ho mes . It would no t b e effec tive for in p ro gress unknown mental health c ris is c alls . Policy Issues: 1. Do es the C ounc il require additio nal info rmation regard ing optio ns to res pond to persons in mental health crisis? 2. Is the C o unc il s atisfied with o ur current effo rts to res p o nd to p ers ons in mental health crisis? 3. Is the C o unc il interes ted in cons id ering ad d itional optio ns fo r our res p o ns e to p ers o ns in mental health crisis? S trategic Priorities and Values: S afe, S ecure, S tab le C ommunity AT TAC HME N T S : Desc rip tion Up lo ad Date Typ e P owerP o int 6/14/2019 C o ver Memo What Are Other Cities Doing? 1 DEFINITIONS •C.I.T –Crisis Intervention Team; C.I.T Officers respond to mental health calls trained to uses de-escalation techniques if necessary and assess if referral to services or transport for mental health evaluation is appropriate. •C.O.P.E –Community Outreach Psychiatric Emergencies. This is a Hennepin County program with Crisis responders. 2 BLOOMINGTON •Memphis Model / Case Management •NEW EVOLVING PROGRAM •Policy in effect approx. 4/1/19 •Partnered with Hennepin County C.O.P.E Mental Health for their social worker but haven’t had one assigned yet. •C.I.T Trained Officer wears regular police uniform with a C.I.T pin. •Comprehensive form for follow up. 3 4 MINNEAPOLIS 5 MINNEAPOLIS The Co-Responder Model W/Case management •Team consists of 5 sworn MPD Officers and 5 mental health professionals from Hennepin County’s COPE (Community Outreach for Psychiatric Emergencies) •Co-Responder Team members wear ‘soft’ uniforms consisting of full duty belt, navy blue duty pants and a navy blue polo shirt with MPD insignia. •The Co-Responder Team hours of operation are 10 a.m.–6 p.m., Monday- Friday. •Follow up on mental health calls for proper resources from after hours shifts and responds to mental health calls while on duty that would need immediate assistance by a C.I.T & mental health professional. 6 MINNEAPOLIS 7 DATA COLLECTED -1556 contacts were attempted by the Co-Responder Unit between the listed dates (9/11/17 to 4/1/19) with both 911 Response calls and Follow-up. -1358 of these calls were for adults -198 of these calls were for juveniles -332 assessments were conducted by the COPE mental health professional that are assigned to the Co-Responder Unit. -5 Use of Force after an EDP/client assaulted an officer. CALL DISPOSITIONS ARE ON THE FOLLOWING GRAPH: 8 9 SAINT PAUL •3 Officers, 1 Sergeant and 2 Mental Health Professionals. •Starting next month 3 more Officers will start and will be paired up with Mental Health Professionals. •Clinicians help determine the level of pathology and danger and guide possible strategies for resolution. They will also make recommendations of when and how to intervene. •Have an intricate Case Management system set up for follow up. 10 ST. PAUL 11 BROOKLYN PARK •They are staffed by one Brooklyn Park Investigator, one part time intern and one licensed C.O.P.E social worker from Hennepin County ($60,000 salary –half of it paid by Brooklyn Park). •Their program is just beginning but they anticipate it being a case management style program where they do follow up on 911 calls for service with the C.O.P.E clinician. 12 MAPLE GROVE •One Sergeant running the program at this time. •Plans to have two C.I.T Officers for each area of the city assigned follow up cases. •More of a case management style program where they do follow up on 911 calls and officer assistance to family and individual. •Working on an assessment form to determine what kind of follow up is needed. •More serious cases will be referred to C.O.P.E clinician. 13 ROCHESTER •Rochester PD has one full time social worker •Social Worker is responsible for the following •Coordinates their CIT program •Provides case consults to officers •Responds on scene when out with officers to crisis calls •Trains with their CNT to provide intel and mental health insight •Works from 1400 to 0000 as those are when the most mental health calls come in •Since the program started saw a 25% increase in mental health calls from ’16 to ’17 •Able to reduce repeat offenders but not overall calls for service for mental health •Data has shown a reduction in ER transports when she goes on the calls with officers •https://www.mprnews.org/story/2018/04/04/rochester-minnesota-police-social- workers-mental-health 14 COON RAPIDS 15 •Coon Rapids PD has one Police Officer that is dedicated fulltime. •Access to the Anoka County Mobile Crisis Unit, which consists of 5-6 licensed social workers that are available 24/7. •They keep track of the success percentages (those who accept services and those who decline). •Patrol division notifies the Mobile Crisis Unit and the report lands on his desk to which he does follow up in person and phone with the patient, family and social worker. •Currently drafted a proposal for an embedded social worker as well as a grant but it is on hold at the moment. PLYMOUTH/ MINNETONKA •Starting April 1st Plymouth PD will share a social worker with Minnetonka PD as their initiative is a group collaborative. This social worker will provide case management services. The social worker will be a C.O.P.E County employee that they are paying a contract fee to have dedicated to Plymouth and Minnetonka. •Their unit started as a reactive unit but is moving towards Co Responder with public education and other offerings. •The group also has a referral form that has a list of qualifiers for deciding on what cases to handle. The group uses a combination of face to face meetings as well as phone. •One detective oversees the unit as well as maintaining a full case load. He currently coordinates response and tracking. 16 PLYMOUTH/ MINNETONKA •Plymouth has 19 trained CIT officers with 4 MHET officers (CIT officers who do additional duties), as well as a p/t social worker. They are currently starting to gather data.However I was told unofficially their calls for service are certainly starting to go down with particular “frequent flyers” that they have been working with. •Their long term goals are to have a detective completely dedicated to the program.They will then coordinate the proactive portion of the program as well.This would also allow more direct management with users. •According to a news article Minnetonka mental health calls doubled from 2013 –2017. 2017 had 393 mental calls. They have 57 Officers. •Minnetonka police mental health crisis calls fell by almost a quarter in 2018 after Officers took part in the program. 17 GOLDEN VALLEY •Added a new dedicated mental health Detective. •New position still figuring out what the roll is but as of now receives mental health related cases and does follow up. •Works 9-5. •The Detective wears plain clothes. •Follows up on mental health calls for service by contacting the individual, family members, probation officers, etc. by phone, in person or by mail & steers the individual to known resources. •No embedded mental health professional as of now. •Also is Detective for Officer wellness mental health. 18 DULUTH •Mental Health Unit is made up of C.I.T Officers, social workers and health professionals. •Police Contacts by Top 25 (70 Different Individuals •2014 –715 •2015 –1,859 •2016 –2,228 •2017 –2,588 •2018 –1,724 (33% Reduction / First full year of the Mental Health Unit) •Breaking it down to the Top 10 (46 Different Individuals) •2014 –638 or 89% of the top 25 •2015 –1,284 or 69% of the top 25 •2016 –1,371 or 62% of the top 25 •2017 –1,626 or 63% of the top 25 •2018 –1,129 or 65% of the top 25 (31% Reduction / First Full year of the Mental Health Unit) 19 Other Agencies •Hennepin County –Not up and running yet, Co-Responder (1 Deputy & 1 C.O.P.E professional) Plans to implement for contract area •UMPD –1 Officer dedicated to Mental Health Even with the entire University of Minnesota Police Department CIT trained, UMPD Chief Matt Clark said there “is still a need for a highly trained officer who can handle long-term investigations. Because of this, Chief Clark decided to fully fund a new officer devoted to mental health. •St. Louis Park –Beginning stages Co Responder program •Roseville –Attempting to gain Co-Responder Program •In 2013 -70 calls for service emotionally disturbed persons (RMS). In 2017, those numbers increased to 189 (RMS) 20 *suicidal call type ended in October 2016. Now welfare or mental etc… 21 22 Mental Health Related Calls –Nearby Cities Includes call types (mental problem, welfare check & drug overdose) 23 425 476 488 593 651 416 466 652 715 710 505 588 711 830 832 727 796 1020 1171 1321 946 1075 1245 1574 1737 0 200 400 600 800 1000 1200 1400 1600 1800 2000 2014 2015 2016 2017 2018 Golden Valley Robbinsdale Crystal Maple Grove Brooklyn Center 24 0 50 100 150 200 250 300 350 400 450 500 2014 2015 2016 2017 2018 Persons placed on Holds Total Brooklyn Center Initiatives •25 Sworn Officers have been trained in C.I.T, most in past two years and the department has committed to train all patrol officers. Multiple BC officers have a passion and coach other officers in C.I.T courses. •The Crisis Negotiator Team consists of a patrol Sergeant, Detective & 4 patrol officers trained in advanced negotiator techniques. The unit has been revamped and they now train a minimum of 8 hours a month & attend regional hospital/law enforcement mental health meetings. •As of January 2019 the department began a monthly in-depth online training consisting of blocks on persuasion/de-escalation, 3 blocks on mental health, autism, mental health holds etc. •May of 2019 the department began utilizing a more comprehensive hold form that will help doctors better understand the suicidal individuals mental health issue. •First line supervisors have been trained on latest court cases & best practices in dealing with individuals in crisis. 25 M EM OR ANDUM - COU N C IL WORK SESSION DAT E:6/24/2019 TO :C urt Bo ganey, C ity Manager T HR O UG H:Dr. R eggie Ed wards, Deputy C ity Manager F R O M:Barb S uc iu, C ity C lerk S UBJ E C T:P ending Items Recommendation: Livable Wages Liq uor O rd inanc e Violatio ns -7/8 Liq uor O rd inanc e/Entertainment P ermit -7/8 Liq uor O rd inanc e Up d ates -7/8 2020 Elec tio ns Up d ate - 7/8 Dis cus s io n on O rd inance p ro cess - 7/8 Delinquent Utility P enalties P ublic S ubs idy P olic y Liq uor O rd inanc e Violatio ns - 7/22 O pportunity S ite Draft Master P lan Disc us s io n Yo uth In G overnment - 7/22 C o mmemoratio n o f 400 years of S lavery Ac tivities B ackground: